Chapter 8.20
GARBAGE AND REFUSE1

Sections:

8.20.010    Chapter applicability.

8.20.020    Collection compulsory.

8.20.030    Definitions.

8.20.040    Containers.

8.20.050    Disposal by owner.

8.20.060    Collection schedule.

8.20.070    Rates.

8.20.080    Excess garbage charges – Waivers.

8.20.090    Only city to collect.

8.20.100    Violation – Penalty.

8.20.010 Chapter applicability.

This chapter shall apply to all territory embraced within the corporate limits of the city. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 224 § 1, 1950).

8.20.020 Collection compulsory.

The maintenance of health and sanitation require, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse, as well as the collection and processing of recyclable materials, within the city compulsory and universal. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 224 § 2, 1950).

8.20.030 Definitions.

A. “Garbage and refuse,” as used in this chapter, shall mean all waste and discarded materials from dwellings, rooming houses, hotels, restaurants, eating places, shops and places of business. “Waste” shall not include:

1. Rocks;

2. Concrete; or

3. Large pieces of metal.

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

C. Words herein used in the present tense shall include the future and in the singular shall include the plural and in the masculine shall include the feminine gender.

D. “Recyclable materials” are materials that have or retain their useful physical or chemical properties after serving their original purpose or function and are separated from garbage and refuse by the person who makes them available to be recycled. The city will collect only materials that can be readily recycled and deemed economically feasible.

E. “Container” means a receptacle used to store garbage and refuse and recyclable materials that is designed for on-site unloading into a closed bodied collection vehicle in which the contents of the receptacle are mixed with the contents of other similar receptacles. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 920 § 1, 1991; Ord. 224 § 3, 1950).

8.20.040 Containers.

A. It shall be the duty of every person in possession, charge, or control of any residence, dwelling, rooming house, apartment house, hospital, school, hotel, club, restaurant, eating place, auto court, trailer camp, shop or place of business or manufacturing establishment where garbage and refuse and recyclable materials are created or accumulated, at all times to keep or cause to be kept city approved containers for the deposit therein of garbage and refuse and recyclable materials, and to deposit or cause to be deposited the same therein.

B. It shall be the duty of the owner of any residence, dwelling, apartment house, auto court, or trailer camp to see that his tenants are supplied with such containers.

C. Containers shall be strong, watertight, not easily corrodible, rodentproof, insect proof, of not less than thirty-two gallons or more than three hundred gallons capacity, and shall be provided by the city to be compatible with the automated collection system that uses roll carts and rotationally molded containers with tight-fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in such containers or for routine maintenance. Each container shall be kept clean inside and out, so that no odor nuisance shall exist. On the day of collection pickup, such containers shall be placed within three feet of the city’s street or alley where collection will occur.

D. Repealed by Ord. 1537.

E. Repealed by Ord. 1537.

F. Boxes, cuttings from trees and any other rubbish shall be so broken down as not to exceed a size of six feet by one and one-half feet by one and one-half feet. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 920 § 2, 1991; Ord. 224 § 4, 1950).

8.20.050 Disposal by owner.

A. It is unlawful for any person to bury, burn, dump, collect, remove or in any other manner dispose of garbage or refuse upon any street, public place or private property within the city; provided, however, that this chapter shall not prevent any person from hauling his own refuse or garbage to the Chelan County transfer station, providing that that person pays the regular monthly charge for the garbage services maintained by the city.

B. Waste paper, boxes, rubbish, debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be burned on private property in furnaces or, upon special permit from the city fire department, they may be burned in outside fireplaces, private incinerators or in open fires.

C. Trash and debris from working, altering or remodeling a building shall be disposed of by the owner at the Chelan County transfer station located at 23235 State Highway 97A in Chelan.

D. It is unlawful for any person to burn, dump, or dispose of garbage and refuse or recyclable materials in a collection container that is owned, possessed, or controlled by another person. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 1061 § 7, 1997; Ord. 965 § 1, 1993; Ord. 675 § 2, 1980: Ord. 224 § 5, 1950).

8.20.060 Collection schedule.

The city 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, eating places, apartment houses, schools, hospitals and in the business sections of the city as often as necessary so as not to pose a vector, odor, public health, safety, or litter concern. Recyclable materials shall be collected every other week from city residents and as often as necessary from businesses. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 224 § 6, 1950).

8.20.070 Rates.

The city council shall annually, or more often if necessary, by resolution, establish garbage and refuse and recycling materials service rates for residential and commercial collection services and for the monthly rental rates for city-owned containers. The charges for garbage and refuse and recycling materials service shall be due and payable upon receipt of billing therefor from the city. These charges shall become delinquent and shall be subject to penalty and interest charges as provided for in Section 13.12.010 and, if unpaid, shall become a lien against the property. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 722 § 3, 1983: Ord. 675 § 3, 1980: Ord. 657 § 1, 1980: Ord. 224 § 7, 1950).

8.20.080 Excess garbage charges – Waivers.

A. Excess Garbage Charges. Customers disputing excess garbage and refuse and recycling materials service charges will be allowed one waiver of the charge every twelve months. Additional charges will be the responsibility of the owner unless the owner can provide proof that the excess garbage was not theirs, and take necessary action to prevent repeat occurrences.

B. Waivers. All waivers will be noted in the customer’s utility account master file with the date such waiver was granted. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 1343 §§ 1, 2, 2007).

8.20.090 Only city to collect.

It is unlawful for any person other than the city to engage in the business of collecting, removing and disposing of garbage and refuse or recyclable materials in the city unless authorized by the city in writing. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 675 § 4, 1980: Ord. 224 § 9, 1950).

8.20.100 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided for in Chapter 1.24. (Ord. 1537 § 1 (Exh. A) (part), 2018: Ord. 965 § 2, 1993: Ord. 675 § 5, 1980: Ord. 224 § 11, 1950).


1

For statutory provisions concerning garbage and refuse collection by code cities, see RCW 35A.21.060, 35A.21.150 and 35.21.130.