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HomeMy WebLinkAbout070 - 01/08/1970 - RELATING TO THE COLLECTION, REMOVAL AND HAULING OF HOUSEHOLD GARBAGE AND HOUSEHOLD TRASH, FORBIDDING ORDINANCE NO. 70, 1969, BEING AN ORDINANCE RELATING TO THE COLLECTION, REMOVAL AND HAULING OF HOUSEHOLD GARBAGE AND HOUSEHOLD TRASH, FORBIDDING THE BURNING THEREOF, AND PROVIDING FOR PENALTIES FOR VIOLATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Purpose of Ordinance. This ordinance is declared to be strictly a sanitary measure for the promotion and protection of the public health and safety, and to prevent fire hazards and nuisances . The City Council shall use every means .at its disposal, including its police powers, for the enforcement of this ordinance. Section 2. Definitions . (a) Definition of Household Garbage. Household garbage shall mean and include all kitchen refuse, rejected or waste food, meats, fish, fowl, offal, carrion, and other refuse accumulation, used in the cooking of or the dealing in or storing of meats, fish, fowl, fruits, vegetables or anything whatsoever which will or may decompose and become foul, offensive, insanitary, or dangerous to health. (b) Definition of Household Trash. Household trash shall mean and include all hay, straw, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass, cans, bottles and the residue from the burning or other destruction of all combustible material whatsoever, and all other material commonly known as rubbish or refuse of whatever kind or character or by whatever name known. Section 3. Nuisance. It shall be the duty of each owner, agent, tenant, purchaser, or lessee of any premises within the City, including places of business, dwelling house, apartment, tenement or other establishment, at all times, to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which such premises are legally intended. Any such accumulation is hereby declared to constitute a nuisance and a nonconforming use of the premises . It shall be the duty of the Director of Public Works or his authorized representative, to inspect and supervise such premises and to remove or cause to be removed therefrom all household garbage or household trash found on the premises and in the adjoining streets and alleys, and to assess and collect a reasonable charge therefor from the abutting owner, agent, tenant, purchaser or lessee. Section 4. Collection. .(a) From and after January 1, 1970, City licensed operators with valid Colorado Public Utilities Commission permits shall .be the sole agency for the collection and disposal of household garbage and household trash. No person, firm or corporation\ except such duly licensed operators, using covered or enclosed units, shall collector dispose of any household trash or household garbage. ; (b) Nothing .in this ordinance shall prevent an individual from hauling his own household garbage and household trash provided that it is disposed of in conformity with all provisions of this ordinance and in closed containers or hauling units during transit from household to disposal area. (c) No duly licensed operator shall be required to collect or dispose of any discarded building or construction materials, tree stumps, dead animals, auto bodies, or household furniture or appliances over twenty-five (25) pounds in weight; and each indi- vidual property owner, lessee or tenant shall make such independent arrangements with an authorized operator as are necessary within a reasonable time to dispose of such items . Section S . Containers. The owner or person in possession of any such premises within the City shall provide"and keep at his own expense, at all times, such garbage cans as may be required for holding all household garbage and household trash. All garbage and trash cans shall be kept in a location within five feet (51) of the lot line adjacent to the alley, and within easy reach, or where there is no access to the alley, within five feet (51) of a front corner of the residence or; unit, unless an alternate location is mutually agreed upon with the operator. Section 6. Duties of Property Owners, Lessees and Tenants. (a) Household trash and household garbage shall be placed in water-tight containers not exceeding thirty-two (32) gallon capacity, or sixty (60) pounds in content, A with handles, and each container shall have a tight fitting lid; except that grass and shrubbery clippings may be in containers not over four (4) cubic feet in size and tree trimmings shall be cut in lengths not to exceed four (4) feet and tied in bundles of not more than eighteen inches (1811) in diameter. (b) No person shall deposit or cause to be deposited in any street, public or private alley or.upon any premises in this City, any household garbage .or household trash, nor shall any person in hauling household garbage and household trash permit the same or any part thereof to fall from, or blow out of or otherwise be discharged upon .the streets, or private or public property of the City leading to .the city dumps . Keeping alleys clean and free from household garbage and household trash shall be the responsibility of each property owner along the width of his property and extending to the center line of the alley. Further, no person shall molest, remove, handle or otherwise disturb any garbage or refuse containers or contents for servicing by collectors, provided that this section does not apply to the owner, occupant, lessee or tenant of the residence or dwelling so placing the container and contents . Section 7. Charges . Single family household garbage and household trash, as defined in Section 2 of this ordinance, which is located as provided in Section 5 of this ordinance, and which is stored in accordance with Section 6 of this ordinance, will be removed from the premises at a monthly charge for a weekly pickup not to exceed $2.50, paid quarterly ins'"' advance to the licensed operator serving the area. Nothing contained herein will prohibit a licensed operator from furnishing pickup service other than weekly.or from providing special service other than that contemplated by this ordinance at a price negotiated between such operator and the customer, provided such service is adequate. Section 8. Burning Prohibited; Exceptions . It shall be unlawful for any person to set on fire or burn any household garbage or household trash except in an approved multiple chamber incinerator or in any other type equipment found in advance of such use by the State Department of Public Health or any of its agencies including any air pollution control authority designated for the area of the State which includes the City of Fort Collins -to be equally effective for the purpose of air pollution control as an approved multiple chamber incinerator. Any such proposed act is hereby declared unlawful and a nuisance because of the fire hazard, smoke, odor and air pollution characteristics . Section 9. Implementation. The City of Fort Collins may adopt such other rules and regulations concerning the collection, removal and hauling of.household .garbage and house- hold trash as may be necessary to implement the provisions of this ordinance. Section 10. Penalty. Violation of any of the provisions of this ordinance shall be punishable by a fine not to exceed Three Hundred and No/100 Dollars ($300 .00) , or imprison- ment not to exceed thirty (30) days, in addition to the collection of costs as is otherwise provided herein. Section 11 . Repeal . Section 9-16.103e is hereby repealed and all ordinances of the City of Fort Collins in conflict with or contrary to the provisions of this ordinance are hereby also repealed. Introduced, considered favorably on first reading, and ordered published this llth day of December, A. D. 1969, and to be presented for final passage on the 8th day of January, A. D. 1970. Ma ATTEST: City Clerk Passed and adopted on final reading this 8th day of January, A. D. 1970. G. May ATTEST: City Clerk