Chapter 8.04


8.04.010    Declaration of intent.

8.04.020    Applicability.

8.04.030    Definitions.

8.04.050    Authority to acquire and operate equipment.

8.04.060    Unauthorized disposal unlawful.

8.04.070    Burning on private property allowed--When.

8.04.080    Use of proper vessel or tank required.

8.04.081    Garbage can, size, weight and condition.

8.04.090    Charges deemed compulsory--How fixed.

8.04.100    Rates and rules fixed by ordinance.

8.04.110    Failure to pay charges--Lien.

8.04.120    Penalty.

8.04.010 Declaration of intent.

The maintenance of health and sanitation require, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse within the town limits of Wilbur compulsory and universal.  (Ord. 420 (part), 2003:  Ord. 366 §1, 2001:  Ord. A-225 §2, 1953)

8.04.020 Applicability.

This chapter shall apply to all territory within the corporate limits of the town of Wilbur, Lincoln County, state of Washington, and area of police jurisdiction thereof.  (Ord. 420 (part), 2003:  Ord. A-225 §1, 1953)

8.04.030 Definitions.

As used in this chapter:

A.  "Garbage" includes all putrescible wastes except sewage and body wastes, including vegetable and animal offal, but not including recognized industrial byproducts and shall not include such substances from all public and private establishments and from all residences;

B.  “Health officer” means the city, district or county health officer, as defined in Sections 6085, 6091 and 6092 of Remington’s Revised Statutes of Washington and S.B. No. 231, Laws of 1945, or their authorized representative;

C.  “Person” means every person, firm, copartnership, association, or corporation;

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

E.  “Rubbish” includes all nonputrescible wastes, from all public and private establishments and from all residences;

F.  “Swill,” as used in this chapter, is held to mean and include 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, except coffee grounds.

Words herein used in the present tense shall include the plural and future tense, and shall include the singular, and where used in the masculine shall include the feminine gender.  (Ord. 420 (part), 2003:  Ord. 366 §2, 2001;  Ord. A-225 §3, 1953)

8.04.050 Authority to acquire and operate equipment.

This chapter empowers the town to buy, maintain, lease or otherwise acquire and operate equipment for the removal and disposal of refuse within the town.  (Ord. 420 (part), 2003:  Ord. A-225 §4(part), 1953)

8.04.060 Unauthorized disposal unlawful.

It is unlawful for any person to bury, burn, dump, collect, or in any manner dispose of garbage or swill upon any street, alley, public place or private property within the town or any of its dumps or sanitary fills, otherwise than as herein provided.  (Ord. 420 (part), 2003:  Ord. A-225 §5(part), 1953)

8.04.070 Burning on private property allowed--When.

Brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be burned on private property when in compliance with the Washington State Department of Ecology and RCW 70.94.745.  Burn barrels are illegal.  (Ord. 420 (part), 2003:  Ord. A-225 §5(part), 1953)

8.04.080 Use of proper vessel or tank required.

It is unlawful for any firm or corporation conducting any hotel, motel, restaurant, or other public eating place to deposit, throw or place any swill upon private property, regardless of ownership, or throw or place swill or other food wastes in a lane, alley, street, or public place.  (Ord. 420 (part), 2003:  Ord. A-225 §5(1), 1953)

8.04.081 Garbage can, size, weight and condition.

A.  All cans whether used by residential or commercial accounts must be an approved plastic or metal garbage can up to thirty-two gallons and shall not exceed seventy pounds per can when full.

B.  All garbage cans shall have two sturdy handles and a tight-fitting lid.  All garbage shall be contained within the can with the lid closed.

C.  All dumpsters shall contain two yards of refuse; approximately sixteen to twenty cans.

D.  Cans must be replaced when they are no longer determined useable by the hauler.

E.  All garbage cans will be marked to indicate how many cans the customer is paying for.  In the event a customer has an extra can, they will be required to purchase a tag from the town clerk to be placed on the extra can indicating it has been paid for.  Any cans over the customer’s allowed amount not having a tag will not be picked up by the hauler.  Occasional extra refuse may be placed out for pickup in sealed plastic bags.  Two large trash bags with the combined weight of not over seventy pounds is equal to one garbage can.  (Ord. 420 (part), 2003:  Ord. 282 §1, 1994)

8.04.090 Charges deemed compulsory--How fixed.

The charges for refuse collection and disposal shall be compulsory and shall be paid at the town clerk’s office by the owner or tenant on or before the twentieth day of each month, and charges for the refuse collection and disposal shall become a lien against the property whereat such service is rendered.  (Ord. 420 (part), 2003:  Ord. A-225 §6(part), 1953)

8.04.100 Rates and rules fixed by ordinance.

The code of rates and rules shall be fixed by ordinance of the town council; a copy whereof may be obtained from the office of the town clerk.  (Ord. 557, 2013:  Ord. 420 (part), 2003:  Ord. A-225 §6(I), 1953)

8.04.110 Failure to pay charges--Lien.

Upon failure to pay such charges, the amount thereof shall become a lien against the property for which the garbage collection service was rendered, which lien shall be made effective by the filing of a notice thereof in the office of the auditor of the county, specifying the charges, the period covered by the charges, and giving the legal description of the premises; and which lien shall be prior to any and all other liens and encumbrances filed subsequent to the filing thereof but shall be subject to general taxes and local improvements whether levied prior or subsequent thereto.

The lien shall be filed and foreclosed within the time and in the manner prescribed by law for filing and foreclosing liens for labor and material and in the case of such foreclosure all attorney’s fees and costs of such foreclosure shall be assessed against the owner and occupant of such property.  (Ord. 420 (part), 2003:  Ord. A-225 §7, 1953)

8.04.120 Penalty.

A.  Upon notification of a violation of any provisions of this chapter, the customer shall have thirty days to remedy any violation reported by the hauler.  After such time, a penalty of twenty-five dollars per month will be assessed to the customer’s garbage rates until the violation is corrected.

B.  Any person violating the provisions of this chapter shall be guilty of a class 4 infraction as provided in RCW 7.80.120.  (Ord. 420 (part), 2003:  Ord. 282 §3, 1994)