Chapter 8.04
GARBAGE AND REFUSE*

Sections:

8.04.010    Definitions.

8.04.020    Intent.

8.04.030    Garbage department--Created.

8.04.040    Garbage department--To be controlled by garbage committee.

8.04.050    Garbage committee--Appointment--Duties generally.

8.04.060    Garbage committee--Powers designated.

8.04.070    Garbage department fund.

8.04.080    Garbage committee--Rate-fixing duty.

8.04.090    Garbage committee--Rate increase.

8.04.100    Garbage committee--Accounting and billing duties--Delinquent accounts.

8.04.110    Garbage committee--Suspension of service.

8.04.120    Discontinuance of garbage charges--Restrictions.

8.04.130    Delinquent account--Charges to become lien--Procedure.

8.04.140    Collection--To be performed by city employees or by contracted collectors.

8.04.145    Contract for collection--Compliance with state procedures required.

8.04.150    Contract for collection--Procedure.

8.04.160    Contract for collection--Renewal.

8.04.170    Collection--Schedule.

8.04.180    Separation of component parts of garbage and refuse.

8.04.190    Containers--Duty to furnish and make use of.

8.04.200    Containers--Specifications--Placement.

8.04.210    Containers--Bulk collection permitted for certain establishments.

8.04.220    Duty to cause removal and disposal of garbage and refuse.

8.04.230    Duty to cause removal and disposal of dead animals.

8.04.240    Isolated or inaccessible dwellings and businesses--Special permit.

8.04.250    Ashes--Placement in separate, sealed, disposable container required.

8.04.260    Ashes--Mixing with garbage prohibited--Exception.

8.04.270    Violation of Sections 8.04.250 and 8.04.260 declared misdemeanor.

8.04.280    Accumulation of vegetable matter and decaying substances--Permitting prohibited.

8.04.290    Animal and vegetable matter--Disposal requirements and restrictions.

8.04.300    Dead animals--Disposal requirements.

8.04.310    Collection and disposal by other than garbage department or its contractor prohibited.

8.04.320    Use of municipal disposal facilities restricted.

8.04.330    Burning, dumping, disposal--Restrictions.

8.04.340    Chief of police to carry out orders of garbage committee.

8.04.350    Prosecution for violation--Prima facie evidence that garbage is accumulating upon premises.

*    For statutory provisions authorizing any city to establish a garbage collection and disposal system, see RCW 35.21.130 et seq.

8.04.010 Definitions.

For purposes of this chapter, the following definitions shall apply:

A.    "Garbage and refuse" means all waste and discarded materials from dwellings and places of business.

B.    "Person" means every natural person, firm, copartnership, association or corporation.

C.    "Waste" does not include materials subject to manufacture into by-products. (Ord. 345 §8, 1948).

8.04.020 Intent.

The maintenance of public health and sanitation requires, and it is the intention of this chapter to make, the collection, removal and disposal of garbage and refuse and dead animals within the city compulsory and universal under the exclusive supervision of the city. (Ord. 345 §1, 1948).

8.04.030 Garbage department--Created.

For the purpose of carrying into effect the provisions of this chapter, there is hereby created and established a department of the city to be known as the municipal garbage department. (Ord. 345 §2, 1948).

8.04.040 Garbage department--To be controlled by garbage committee.

The management and control of the garbage department shall be vested in a garbage committee of the council to be appointed as set forth in Section 8.04.050. (Ord. 345 §3, 1948).

8.04.050 Garbage committee--Appointment--Duties generally.

Annually, at the time of the appointment of other committees of the city, the mayor shall appoint a garbage committee. The duties of the garbage committee shall be such as prescribed by this chapter, and such other and further duties as the city council may from time to time prescribe. (Ord. 345 §4, 1948).

8.04.060 Garbage committee--Powers designated.

The garbage committee of the city council shall:

A.    Have general supervision over the garbage conditions of the city;

B.    Direct and supervise the collection, removal and disposal of any and all garbage, offal, refuse substance or dead animals under any and all contracts which may hereafter be entered into as set forth in this chapter, or as otherwise directed by the city council;

C.    Set up and maintain a proper accounting division for the garbage department;

D.    Have full charge and control of the city dumping grounds; and

E.    For protection of health, be empowered to enter into and upon the premises of any person within the limits of the city. (Ord. 345 §5, 1948).

8.04.070 Garbage department fund.

There is hereby created and established a fund, to be known and designated as the municipal garbage department fund of the city, into which shall be paid all funds collected as set forth in this chapter in and about the handling of garbage in the city. The funds so set aside shall be used for the payment of the salary and wages of the employees of the garbage department, and for the monthly contract payments in accordance with budget provisions, and shall be paid out by the city clerk-treasurer only upon warrants drawn by order of the garbage council and endorsed by the mayor and attested by the city clerk-treasurer. (Ord. 345 §7, 1948).

8.04.080 Garbage committee--Rate-fixing duty.

The garbage committee is hereby directed forthwith, after its appointment, to fix and determine the rates per month to be charged for the collection, removal and disposal of garbage, and to submit such schedule to the city council for its approval. Except as set forth in this chapter, the rates so fixed shall be charged until further order of the city council. (Ord. 345 §12, 1948).

8.04.090 Garbage committee--Rate increase.

The city, through the garbage committee, shall have the right to change the rates from time to time as it appears that the volume or character of garbage is changed. In the event of an increase in the rate, the customer shall be notified at least ten days before the next monthly charge is payable. (Ord. 345 §13, 1948).

8.04.100 Garbage committee--Accounting and billing duties--Delinquent accounts.

A.    The garbage committee or its designee shall cause to be kept accurate books of accounting and shall cause proper periodic billing for garbage and refuse services to be made. Such billings, so far as possible, shall be listed and included in the periodic statement sent out by the water department of the city.

B.    Accounts shall be due and payable on or before the fifteenth day of each month, at the office of the city clerk-treasurer. (Ord. 677 §1, 1978: Ord. 345 §14(part), 1948).

8.04.110 Garbage committee--Suspension of service.

The garbage committee may suspend service for nonpayment of delinquent accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter, and such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons. (Ord. 345 §14(part), 1948).

8.04.120 Discontinuance of garbage charges--Restrictions.

Sewer and garbage charges shall be controlled through the water service, as follows. Sewer and garbage charges shall be discontinued only when water service to the premises is shut off at the request of the consumer. If there are one or more tenants on the premises being furnished water service through the same meter or connection, then the sewer and garbage charges must be paid as long as the water meter, or service, is turned on. (Ord. 377 §1(part), 1954: Ord. 345 §4-A, 1948).

8.04.130 Delinquent account--Charges to become lien--Procedure.

The charges for the collection of garbage, as provided for in Section 8.04.080, shall be paid by the property owner or occupant of the premises at the rate and time fixed by this chapter, and upon failure to pay such charges the amount thereof shall become a lien against the property for which the garbage collection service is rendered. The lien shall be made effective by the filing of a notice thereof specifying the charge and the period covered by the charge and giving a legal description of the premises. The lien shall be filed with the same official and within the time, and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material.

The liens shall be prior to any and all liens and encumbrances filed subsequent to the filing of such lien. (Ord. 351 §1, 1948: Ord. 345 §23-B, 1948).

8.04.140 Collection--To be performed by city employees or by contracted collectors.

The collection, removal and disposal of garbage, refuse, dead animals, etc., as contemplated under the provisions of this chapter may be done under the direct supervision of the garbage committee by city employees, or may be done and performed by contract covering periods not exceeding five years. (Ord. 375 §2(part), 1954: Ord. 345 §6(part), 1948).

8.04.145 Contract for collection--Compliance with state procedures required.

It is found to be in the public interest that the laws and procedures relating to the awarding of any contract to any individual or entity in relation to the provision of solid waste disposals for the city shall be consistent with the procedures required by state law. (Ord. 750 §1, 1982).

8.04.150 Contract for collection--Procedure.

Before awarding any such contract for the provision of garbage and solid waste disposal service for the city, the council shall conduct a review of the city’s need and requirements in this particular area and shall carry forth a process consistent with state law as it may from time to time exist, leading up to and resulting in the awarding of a contract for the provision of such service. The council shall have the sole discretion to the extent allowed by state law, to determine the terms and conditions of this contract and shall have the sole discretion in the determination as to the party to whom or to which the contract shall be awarded and in establishing the qualifications therefor. When the contract has been awarded, all payments thereafter due the contractor under the terms thereof shall be payable from the municipal garbage department fund. (Ord. 750 §2, 1982: Ord. 375 §2(part), 1954: Ord. 345 §6(part), 1948).

8.04.160 Contract for collection--Renewal.

Whenever, in the judgment of the council, the work of the successful bidder, or his successors or assigns, has been satisfactory, the council shall have the power and authority to renew such contract without a further call for bids, for a period not exceeding five years, and upon such terms as the council deems advisable. Such renewed contract shall be under bond as provided for in Section 8.04.150. (Ord. 375 §2(part), 1954: Ord. 345 §6-A, 1948).

8.04.170 Collection--Schedule.

The contractor of the municipal garbage department shall collect, remove and dispose of all garbage and refuse in the residential sections of the city at least once each week, and from hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals and in the business sections of the city as designated from time to time by the garbage committee as often as required by said committee. Residential sections of the city include all portions thereof not otherwise designated. (Ord. 345 §11, 1948).

8.04.180 Separation of component parts of garbage and refuse.

The city reserves the right to, and may at its option, require the separation of paper or swill or other component parts of garbage and refuse or any of them. It may require the deposit thereof in separate cans or receptacles and may prescribe the method of disposal thereof. (Ord. 345 §15, 1948).

8.04.190 Containers--Duty to furnish and make use of.

A.    It is the duty of every person in possession, charge or control of any dwelling, place of business, or manufacturing establishment where garbage and refuse is created or accumulated at all times to keep or cause to be kept portable containers for the deposit of garbage and refuse, and to deposit or cause to be deposited the garbage and refuse therein.

B.    It is the duty of the owner of any dwelling, flat or apartment house to furnish or see that his tenants are supplied with such containers or, in the case of apartment houses, with adequate means of disposing of garbage and refuse. (Ord. 607 §2(part), 1976: Ord. 345 §9(part), 1948).

8.04.200 Containers--Specifications--Placement.

The required containers shall be watertight, and not more than thirty-five gallons in capacity, and shall have no fewer than two handles at the sides thereof and tight-fitting lids. The lids shall not be removed except when necessary to place garbage and refuse in the containers, which shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing materials. Each container shall be kept in a place accessible to the collector of garbage and refuse. (Ord. 607 §2(part), 1976: Ord. 345 §9(part), 1948).

8.04.210 Containers--Bulk collection permitted for certain establishments.

Large containers suitable for bulk collection of garbage and refuse, with the approval of the garbage committee or the contractor, may be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals and in the business districts. (Ord. 607 §2(part), 1976: Ord. 345 §9(part), 1948).

8.04.220 Duty to cause removal and disposal of garbage and refuse.

It is the duty of every person to cause such garbage and refuse to be removed and disposed of by the contractor or the municipal garbage department of the city. (Ord. 607 §2(part), 1976: Ord. 345 §9(part), 1948).

8.04.230 Duty to cause removal and disposal of dead animals.

It is the duty of every person in possession, charge or control of any dead animal, or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of by the contractor or the municipal garbage department. (Ord. 607 §2(part), 1976: Ord. 345 §9 (part), 1948).

8.04.240 Isolated or inaccessible dwellings and business--Special permit.

The provisions of Sections 8.04.190 through 8.04.230 are subject to the proviso that in the case of isolated dwellings or places of business located in sparsely settled portions of the city, or where reasonable access cannot be had by truck, garbage and refuse therefrom may, upon special permit of the garbage committee, be collected, removed and disposed of in such manner as said committee shall in and by such permit approve and direct. (Ord. 607 §2(part), 1976: Ord. 345 §9(part), 1948).

8.04.250 Ashes--Placement in separate, sealed, disposable container required.

Wherever, under the ordinances of the city, the garbage collectors for the city are required to collect and dispose of ashes, the garbage collectors are not required to collect and dispose of any ashes unless the ashes are placed in a separate container which is sealed or closed and which may be collected and disposed of with the ashes contained therein. Such container shall be placed adjacent to the regular garbage containers. (Ord. 398 §1, 1957).

8.04.260 Ashes--Mixing with garbage prohibited--Exception.

No person, firm or corporation shall place ashes in the same container as other garbage or refuse to be so collected unless the container holding same may be collected and disposed of together with its contents. The garbage collectors for the city shall not be required to pick up nor dispose of any garbage or refuse which has been mixed with ashes, except as herein provided. (Ord. 398 §2, 1957).

8.04.270 Violation of Sections 8.04.250 and 8.04.260 declared misdemeanor.

Violation of Sections 8.04.250 and 8.04.260 is a misdemeanor. (Ord. 398 §3, 1957).

8.04.280 Accumulation of vegetable matter and decaying substances--Permitting prohibited.

It is unlawful for any person or persons to permit or suffer to accumulate in or about any yard, lot, place or premises, or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises owned and occupied by him or them, or for which he or they may be agent or agents, within the city limits refuse vegetable matter, decayed or decaying substances, garbage or filth of any kind, or to suffer any yard, lot, place or premises to be or remain in such condition as to cause or create a noisome or offensive smell or atmosphere, or thereby to be, become, cause or create a public nuisance. (Ord. 345 §20, 1948).

8.04.290 Animal and vegetable matter--Disposal requirements and restrictions.

It is unlawful for any person or persons to allow to remain on his or their premises kitchen or butcher refuse, offal or garbage, dead animals or any putrid or stinking animal or vegetable matter, or to throw the same on any street, alley, place or in any standing water or excavation or upon the ground or premises of any person. (Ord. 345 §18, 1948).

8.04.300 Dead animals--Disposal requirements.

The owner of any animal which dies within the city shall, within twenty-four hours, notify the garbage committee to cause the same to be removed and disposed of, and shall pay the fee provided for such service. (Ord. 345 §19, 1976).

8.04.310 Collection and disposal by other than garbage department or its contractor prohibited.

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the municipal garbage department, or its contractor, to engage in the business of collecting, removing and disposing of garbage, and refuse and dead animals in the city, or for any person, other than said department, its agents or employees, to do or perform any of the things herein required to be done or performed by said department. (Ord. 345 §17, 1948).

8.04.320 Use of municipal disposal facilities restricted.

No person, except the contractor mentioned in this chapter, shall use or be permitted to use any dump or dumps, sanitary fill or fills or other place of disposal established and used by the municipal garbage department. (Ord. 345 §16, 1948).

8.04.330 Burning, dumping, disposal--Restrictions.

It is unlawful for any person to burn any garbage or refuse, except wastepaper, boxes, rubbish and debris, brush, grass, weeds and cuttings from trees, lawn or gardens burned in a furnace or upon permit from the fire chief; or to dump or deposit any garbage and refuse upon any street or alley or private property in the city, or to burn the same; or to collect, remove or dispose of the same except as in this chapter provided. (Ord. 345 §10, 1948).

8.04.340 Chief of police to carry out orders of garbage committee.

It is the duty of the chief of police to cause to be executed all orders of the garbage committee, so far as they relate to the preservation of health of the city, or whenever ordered to do so by said committee. (Ord. 345 §22, 1948).

8.04.350 Prosecution for violation--Prima facie evidence that garbage is accumulating upon premises.

In the prosecution for the violation of any provisions of this chapter, it is competent to prove that the person failing to furnish and provide or maintain required metallic cans, or to deposit garbage therein, as provided in Sections 8.04.190 through 8.04.240, is purchasing water from the city for use upon the premises. Proof of such purchase of water shall be prima facie evidence that garbage is accumulating upon such premises. (Ord. 375 §2(part), 1954: Ord. 345 §23-A, 1948).