Chapter 8.08


8.08.010    Conformance to chapter.

8.08.020    Definitions.

8.08.030    Supervision by the city.

8.08.040    Containers required.

8.08.050    Disposal.

8.08.060    Violation – Penalties.

8.08.010 Conformance to chapter.

All persons, associations, and corporations in the incorporated town limits of Index (hereinafter referred to as “Index”) shall store and dispose of garbage and refuse in the manners prescribed in this chapter. (Ord. 424 § 2 (part), 2011).

8.08.020 Definitions.

For the purpose of this chapter, the following definitions apply:

(A) “Garbage” includes all putrescible wastes, except sewage and body wastes, and shall include all such substances from all public and private establishments and from all residences.

(B) “Refuse” includes garbage, rubbish, ashes, and all other putrescible and nonputrescible wastes except sewage and body wastes from all public and private establishments. (Ord. 424 § 2 (part), 2011).

8.08.030 Supervision by the city.

The mayor or his designee administers the provisions of this chapter and has full authority to ensure that the sanitation of Index is maintained at all times and that the provisions of this chapter and other applicable laws and ordinances are observed with respect to garbage and refuse collection. The mayor or his designee may enlist the services of the Snohomish County Health District Department, the Washington State Department of Health, the Department of Ecology, and the Snohomish County sheriff’s department, and may provide these agencies with all reasonable assistance in maintaining the public health and safety. (Ord. 424 § 2 (part), 2011).

8.08.040 Containers required.

Garbage and refuse shall be stored in containers of types approved by the garbage contractor. Such containers shall be noncorrosive, watertight, with raised bottoms and fitted with a tight cover, and must be readily emptied or transported to dump sites without spillage; provided, further, that dry refuse may be placed in cartons and stored readily in such a manner that it will not lead to the loss or distribution of the refuse in the city. (Ord. 424 § 2 (part), 2011).

8.08.050 Disposal.

All persons, associations and businesses shall dispose of all garbage and refuse through the use of licensed garbage and refuse collectors, or by other lawful means, in accordance with Washington State and Snohomish County health standards. These alternative means may include hauling to sanitary landfills or shared disposal with neighbors. No person may permit solid waste in such quantities as to create a fire hazard or a hazard to public health and safety. (Ord. 424 § 2 (part), 2011).

8.08.060 Violation – Penalties.

(A) (1) The first violation of any provision in this chapter within a one (1) year period will be preceded by a warning posted on the property giving three (3) days to comply. If violation is not corrected within three (3) days, the violation will be considered a civil infraction carrying a monetary penalty of one hundred twenty-four dollars ($124.00) plus statutory assessments.

(2) The second violation within a one (1) year period shall be a civil infraction carrying a monetary penalty of one hundred fifty dollars ($150.00) plus statutory assessments.

(3) A third or subsequent violation within a one (1) year period shall constitute a criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000), ninety (90) days in jail or both.

(B) Right to Hearing. Any final decision of Index in the administration of this chapter, other than the charging of criminal violations, may be appealed to the Index town council. The appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence. All appeals shall be in writing and filed with the town clerk within fourteen (14) days of the issuance of the decision subject to the appeal. The written appeal shall identify the decision appealed and the grounds for appeal. The town council shall have the authority to reduce the civil penalty upon a showing of good cause by the appellant or to set aside the penalty if it determines that a violation has not been committed. (Ord. 424 § 2 (part), 2011).