Chapter 8.04
GARBAGE
Sections:
8.04.010 Collection and disposal system – Use required.
8.04.040 Rates and additional charges.
8.04.050 Collection and disposal – Payment of charges required.
8.04.060 Collection and disposal – Records – Unpaid charge becomes lien.
8.04.070 Garbage disposal fund created.
8.04.010 Collection and disposal system – Use required.
A. Every owner or occupant of premises within the city is required to use the garbage collection and disposal system provided by the city, or its garbage collector, and shall deposit or cause to be deposited all garbage or refuse of such a nature that it is perishable or may decompose or may be scattered by wind or otherwise may accumulate on any premises owned or occupied by him in covered metal containers or other approved weatherproofed containers. Garbage that may attract rodents, birds, or insects, or which may be scattered by the wind, must be enclosed in a sealed bag prior to being placed in a garbage container.
B. All garbage or refuse that may accumulate on such premises shall be placed at or near but not on the street or alley adjacent to the premises in a position convenient for loading into trucks or vehicles used by the city or its authorized garbage collector.
C. The city shall be the sole judge in determining the number of collections per week necessary for proper sanitation standards and service provider at each particular place of business, apartment, residence or other premises within the city. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 2, 1984.]
8.04.020 Containers.
A. It shall be duty of every person in possession, charge or control of any single- or multifamily dwelling, business or public facility where garbage and refuse are created or accumulated at all times to keep or cause to be kept in a portable cart or other approved weatherproof containers for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the garbage and refuse therein.
B. Containers shall be strong, weathertight, not easily corroded, rodent proof, and insect proof. Such carts or other approved containers shall be kept by the owner or user in a sanitary condition with the outside thereof clean and free from accumulated grease and decomposing material.
C. Any person or business may rent from the city, or its garbage collector, a container which is larger than those above specified for both the collection of garbage and refuse. It shall be the responsibility of the container renter to keep the container clean inside and out so that no odor nuisance shall exist. Containers shall be kept at all times in a location accessible to the collector of refuse. Such containers shall be kept on a firm surface such as concrete, and shall not be placed on grass, gravel, dirt, sand, bark dust or other similar surfaces. This surface shall extend to a position that is easily and safely accessible by the truck to facilitate maneuvering of the dumpster from the storage area to the truck, for emptying. This shall be maintained and kept sufficiently clear, year-round, for easy movement of the dumpster. Provisions shall be made as necessary to prevent upsetting of the containers.
D. All locations where containers are placed shall be subject to prior approval by the public works director or his duly appointed designee, including the garbage collector. Approval of placement shall consider the standards of this section and accessibility to city or garbage collector disposal trucks. The director of public works or his duly authorized designee, including the garbage collector, shall further have the authority to approve the size of garbage containers and to impose screening requirements for garbage containers. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 4, 1984.]
8.04.030 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, alley, public place or private property within the city, except as provided in this chapter; provided, however, that this chapter shall not prevent any person from hauling his own refuse or garbage, providing that the person pays the regular monthly charge for garbage services maintained by the city or its garbage collector.
B. Trash and debris from constructing, working upon, altering or remodeling a building shall be disposed of by the owner. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 3, 1984.]
8.04.035 Unlawful dumping.
It is unlawful to dump or deposit any garbage or refuse on another person’s property or garbage container without prior permission from the owner. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001.]
8.04.040 Rates and additional charges.
Effective January 1, 1999, the rates and additional charges for garbage and refuse collection shall be set by resolution of the Leavenworth city council or in a contract with its garbage collector and said rates shall be on file at the office of the city clerk-treasurer. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 1102 § 1, 1998; Ord. 952 § 1, 1994; Ord. 926 § 1, 1992; Ord. 899 § 1, 1992; Ord. 897 § 1, 1992; Ord. 853 § 1, 1990; Ord. 834 § 1, 1988; Ord. 742 § 5, 1984.]
8.04.050 Collection and disposal – Payment of charges required.
The property owners or occupants of premises within the city shall pay the rates or charges provided for the collection and disposal of garbage from each of the premises owned or occupied by them. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 6, 1984.]
8.04.060 Collection and disposal – Records – Unpaid charge becomes lien.
The city or its garbage collector shall keep a record of the collections of garbage made from each property. On failure to pay the charge for collection services, the amount thereof shall become a lien against the property for which the garbage collection services were rendered and said lien may be foreclosed in accordance with law. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 7, 1984.]
8.04.070 Garbage disposal fund created.
There is established a garbage disposal fund of the city. All moneys received by the city for the collection and disposal of garbage shall be placed in such fund, and the expense of such garbage collection and disposal shall be paid therefrom. The city council may also provide for additional revenues to be paid into such fund from time to time. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 8, 1984.]
8.04.080 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a civil infraction and shall be subject to a civil penalty not to exceed $250.00 for each offense. [Ord. 1575 § 1 (Att. A), 2018; Ord. 1168 § 1, 2001; Ord. 742 § 9, 1984.]