Chapter 7.04 GARBAGE AND REFUSE COLLECTION*

The maintenance of health sanitation requires, and it is the intention of this chapter to make, the collection, removal and disposal of garbage and refuse within the city compulsory and universal. (Ord. 594 § 1 (part), 1992).

7.04.020 Definitions.

The following terms when used in this chapter are defined as follows:

“Ashes” means the solid waste products of coal, wood and other fuel used for heating and cooking, from all public and private establishments and from all residences.

“Code enforcement officer” means the person appointed by the mayor or his designee to enforce this section.

“Contractor” or “collector of refuse” means the person entering into contract with the city for removal of refuse as provided by this chapter.

“Garbage” means all putrescible wastes, including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial by-products, and includes all such substances from all public and private establishments and residences.

“Garbage can” means a portable container of metal or plastic fabrication of durable quality, with tapered sides, suitable handles for lifting, leakproof and with close-fitting lid, and of size of not less than twenty- and not more than thirty-three-gallon capacity.

“Garbage container” means a specially designed unit for storage of garbage and refuse, specifically fitted for mechanical lifting and dumping, fabricated of durable metal or plastic with a minimum of one cubic yard capacity, and usually identified for size by cubic yard capacity.

“Health officer” means the city or county health officer, as defined in the RCW, or their authorized representatives.

“Person” means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or the owner of the premises for which service mentioned in this chapter is rendered.

“Refuse” means garbage, rubbish, ashes, swill and all other putrescible and nonputrescible wastes, except sewage, from all public and private establishments and residences.

“Rubbish” means all nonputrescible wastes, except ashes, from all public and private establishments and residences.

“Superintendent” means the person appointed by the mayor as superintendent of the city solid waste department.

“Swill” means every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables. (Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 594 § 1 (part), 1992).

7.04.030 Department created— Superintendent—Code enforcement officer.

(a) For the purpose of carrying into effect the provisions and aims of this chapter, there is created and established a department to be known as the city solid waste department.

(b) The mayor is empowered and authorized to appoint a suitable and qualified person as superintendent of the city solid waste department, and the superintendent shall have full charge and control of all the work provided for and contemplated under the terms of this chapter, and as may be provided for by rules and regulations subsequently adopted.

(c) The mayor is empowered and authorized to appoint a suitable and qualified person as code enforcement officer, who shall act under authority and guidance of the mayor or his designee. (Ord. 962 § 2, 2015; Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 594 § 1 (part), 1992).

7.04.050 Operation by city.

The city is empowered to carry out all terms and provisions of this chapter to dispose of refuse in the manner provided in this chapter, to buy, maintain or lease and operate equipment for the removal and disposal of refuse within the city, to charge and collect for refuge collection services, or to obtain services of a private contractor to collect, remove, and/or dispose of solid waste and special waste. (Ord. 962 § 3, 2015: Ord. 754 § 1, 2003: Ord. 594 § 1 (part), 1992).

7.04.060 Regulation authority.

The city shall have power, from time to time in appropriate manner, to set forth and determine rules, regulations, duties, responsibilities, and such matters as may be necessary in the discretion of the council for proper execution of this chapter. (Ord. 962 § 4, 2015: Ord. 594 § 1 (part), 1992).

7.04.070 Enforcement.

The city administrator or anyone duly appointed by him or any person appointed by the council to act in his stead shall enforce the civil provisions of this chapter. (Ord. 594 § 1 (part), 1992).

7.04.080 Service mandatory.

The use and participation in the garbage and refuse collection provided by this chapter is mandatory on all occupants (persons) in the city, and subject to minimum monthly charges, whether such person or occupant makes or produces any disposable garbage or refuse or not. (Ord. 962 § 5, 2015: Ord. 594 § 1 (part), 1992).

7.04.090 Storage containers—Standards.

(a) It shall be the duty of every person in possession, charge, or in control of any dwelling, flat, roominghouse, apartment house, trailer camp, hospital, hotel, school, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business, or manufacturing establishment where refuse is created or accumulated, at all times to keep or cause to be kept cans or containers of approved size, type and construction, and to deposit or cause to be deposited the refuse therein. Cans and containers shall be strong, watertight, not easily corrodible, rodentproof, insectproof and shall have handles at the sides and tight-fitting lids. When refuse is placed in or taken from the cans or containers, the lids shall be promptly replaced.

(b) Each can and container shall be kept clean inside and out, so that no odor nuisance shall exist. Cans and containers shall be kept during collection times in a place easily accessible to the collector of refuse, and within a maximum of ten feet of the closest adjacent alley or means of access. Refuse too large to box or can shall be hauled by the collector at additional rates to be approved by the superintendent and paid for by the person ordering the disposal. Suitable and sufficient numbers of containers for both collection of garbage and refuse may, with the approval of the superintendent of the city solid waste department, be used. No garbage can shall be filled to a weight exceeding those standards established by the collector.

(c) In the event a collection contract between the city and its collector makes provisions for the residential automated collection service and requires the contractor to provide a specified container or containers to customers to facilitate the automated collection service, such contractor-furnished containers shall be considered to have met the can/container requirements of this section and Section 7.04.115 and shall be kept in lieu of other sufficient and satisfactory cans or containers for the deposit therein of all such solid waste the container has the capacity to accept. (Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 754 § 2, 2003: Ord. 594 § 1 (part), 1992).

7.04.115 Placement of containers—Allowable times.

Approved storage cans or containers or any permitted supplemental containers shall be placed only, except as authorized herein, to the rear of the front yard setback line of any lot, parcel or tract of land in any residential zoning district of the city; provided, for purposes of collection by the city’s contracted collector, solid waste containers may be placed at the curb collection site ahead of the front yard setback line, but only during the twenty-four-hour period which starts at seven p.m. the day prior to collection and ends at six fifty-nine p.m. on the day of collection by the city’s contracted solid waste collector; further provided, however, containers utilized in conjunction with a permitted building construction project may be placed in the front yard area during the authorized period of the building permit. (Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 754 § 4, 2003).

7.04.120 Garbage cans—Mobile homes and plats.

For the placement of garbage cans or containers at courts or plats for mobile homes, motorhomes or trailers, or at other densely populated areas, the city superintendent of sanitation shall confer with the owners or managers of such courts or plats or other dense area, and the contractor, on the kind of containers, the sites of placement, and the schedule of collection. The agreed plans on such matters shall be reduced to writing, with copies posted in suitable public places at such courts or plats, with a copy filed with the city clerk. If agreement cannot be reached, the superintendent, the garbage collector, and the property owner or manager will each file with the city clerk his recommendations. The council will resolve the differences and by resolution render its decision which shall be binding, on all parties, after a public hearing upon due notice to affected parties. (Ord. 594 § 1 (part), 1992).

7.04.130 Neglecting to provide storage.

It shall be unlawful to place or store garbage cans in such a manner that the garbage can is a harbor or an attraction for insects, bugs, mice, rats, or other vermin, or in such a manner that it can be readily overturned by animals, natural elements, vehicles or children, and the contents spilled or scattered. If anyone who owns or occupies any premises within the city permits the contents of any garbage can to be spilled, or causes or permits garbage to collect on a private premises or an alley or other public way abutting thereon, without immediately cleaning up the garbage from the ground or premises, the city shall cause a suitable container, if needed, to be placed or installed on the premises and cause the premises and/or abutting public way to be cleaned up to a tidy condition, and the expense thereof, for both labor and material, shall be charged to the occupant and/or the owner of the premises, and the enforcement shall be as provided in this chapter. (Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 594 § 1 (part), 1992).

7.04.160 Removal by city authorized when.

If anyone fails, neglects, or refuses to furnish a suitable garbage can or container and cover as provided in this chapter or to furnish a suitable garbage can rack or stand, or causes or permits any garbage, refuse, litter, debris, matter or thing, as set forth in this chapter, to be thrown, left, remain, collect, or accumulate on any premises that he owns and/or occupies, or upon any street, alley or public way abutting on the premises, the city shall cause it to be removed at the expense of the owner and/or occupant in the manner set forth in this chapter. (Ord. 594 § 1 (part), 1992).

7.04.200 Unlawful disposal—Incinerators.

It is unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of garbage or swill upon any street, alley or public place or private property within the city otherwise than as provided in this chapter. Organic waste may be burned on private property in incinerators approved by the Washington State Department of Ecology and the city fire chief. All ashes from such incinerators shall be placed in garbage cans for removal by the refuse collector at such times as shall be necessary. Wastepaper, boxes, rubbish and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be hauled by individuals to the county garbage receiving station. (Ord. 754 § 4, 2003: Ord. 594 § 1 (part), 1992).

7.04.210 Separation of refuse.

The city reserves the right to and may have option to require the separation of paper or swill or other component parts of refuse, and may require the deposit thereof in separate cans or receptacles and may prescribe the method of disposal. (Ord. 594 § 1 (part), 1992).

7.04.230 Establishing rates.

The rates or charges for solid waste collection services shall be those rates as established by the contract between the city and the solid waste collector or contractor plus any applicable taxes. (Ord. 962 § 6, 2015: Ord. 720 § 1, 1999: Ord. 594 § 1 (part), 1992).

7.04.240 Collector to furnish disposal site.

The garbage collector or contractor shall furnish a dump or disposal site which conforms to the requirements of the Washington State Department of Ecology and the county in which it is located, or make suitable arrangements at contractor’s expense for such a site. (Ord. 594 § 1 (part), 1992).

7.04.250 Collector to furnish transport.

The collector or contractor shall furnish, maintain, and operate at the contractor’s expense suitable vehicles, trucks, or means of transportation designed for such purpose, which comply with all applicable laws and environmental rules and regulations, for the transport of all collected garbage and refuse to the approved disposal site, and contractor shall dispose of such collections regularly and efficiently, and not permit such garbage or refuse to remain or accumulate in the city. (Ord. 594 § 1 (part), 1992).

7.04.260 Collector to provide insurance.

The contractor shall provide industrial insurance and medical aid insurance for his employees, and shall obtain and maintain a policy of liability insurance, in standard form, in minimum limits of one hundred thousand dollars naming the city as an additional insured and file and maintain a copy of such current policy with the city clerk, and contractor agrees to keep and hold harmless from any claims, suits, damages, or expense of any kind arising out of contractor’s presence or performance of such garbage and refuse collection contract with the city. (Ord. 594 § 1 (part), 1992).

7.04.270 Manner of collecting.

The contractor shall furnish, maintain and operate a garbage collector truck, designed for such purpose, with closed body and a compactor device, and on a regular route basis dump and remove from approved garbage cans or containers properly placed as provided in this chapter all garbage and refuse in a neat and efficient manner. Collectors shall not spill or scatter the contents of cans or containers, and if spilled, collector shall promptly pick up such spills; collectors shall be courteous to occupants, shall not use loud or profane language; collectors shall not trespass on private property beyond the ordinary garbage service area; and if collectors have a complaint against an occupant, such complaint shall be reported to the city clerk, and the complaint will be dealt with by the superintendent. (Ord. 594 § 1 (part), 1992).

7.04.280 Collection periods.

The collector of refuse shall collect, remove and dispose of all garbage and refuse in the residential sections of the city at least once a week, and from hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals and in the business sections of the city as specified in writing by the superintendent. (Ord. 594 § 1 (part), 1992).

7.04.290 Collection schedule establishment.

The contractor shall forthwith establish and publish a schedule of routes, times and dates of a regular collection service and file a copy with the city clerk, and give seven days’ written notice of any intended change or deviation from such schedule. (Ord. 594 § 1 (part), 1992).

7.04.300 Special calls.

The contractor shall provide reasonable service to accommodate unforeseen calls or demands upon the city for special or emergency service, and if such service should substantially increase the expense thereof to the contractor, the city will negotiate increase payment to cover such actual increased expense. (Ord. 594 § 1 (part), 1992).

7.04.310 Salvage.

Any property collected as garbage or refuse, in the normal course of collecting, having any salvage value becomes the property of the contractor at the time of loading upon contractor’s truck. (Ord. 594 § 1 (part), 1992).

7.04.320 Removal from city facilities.

The contractor shall collect and remove the usual and ordinary garbage and refuse from proper cans or containers at the city hall, fire station, and city public parks, or other incidental city property or facilities without charge. The contractor shall, on request of the city officials, pick up and remove any dead animals or carcasses from street or alleys or byways. (Ord. 594 § 1 (part), 1992).

7.04.330 Contractor in default.

In the event the contractor shall at any time during the term of his contract fail to regularly and efficiently remove garbage or refuse, or violate any other terms of his contract, the city may give the contractor three days’ notice in writing of the matters wherein the contract is in default. In the event the contractor fails to correct the matter pointed out to him, the contractor shall be in default at the expiration of the three-day period, and remain uncorrected during that time, and the contract may be terminated at the option of the city. Such agreement shall contain a prohibition against assignment of any interest therein without the consent of the city. (Ord. 594 § 1 (part), 1992).

7.04.340 Billing.

Charges for garbage and refuse collection and disposal are assessed and billed by the contractor and are charged at least the minimum rate, whether the occupant or owner uses the garbage service or not. (Ord. 962 § 7, 2015: Ord. 594 § 1 (part), 1992).

7.04.360 Compliance required.

Every person shall dispose of all garbage promptly according to the terms of this chapter, and no person shall perform any of the provisions of the contract referred to in this chapter except the collector of refuse and the superintendent. (Ord. 594 § 1 (part), 1992).

7.04.370 Violation—Penalties.

(a) Any person found to be in violation of any provision of this chapter shall be deemed to have committed a civil infraction and for each infraction shall be subject to a civil penalty of not less than one hundred dollars.

(b) Each day a violation continues shall be deemed a separate violation subject to the specified civil penalty as set forth above.

(c) Court costs, as deemed appropriate by the municipal court judge, shall be assessed in addition to any other time, penalty, costs or statutory assessment imposed. (Ord. 850 § 1 (Exh. A) (part), 2009: Ord. 754 § 5, 2003).