HomeMy WebLinkAboutOrdinance 91- 1323, Adds §§ 8.16.015 and 8.16.065 and amends §§ 8.16.010~8.16.070, garbage
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ORDINANCE NO. 1323
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDI NG ORDINANCE NO. 696, AS
ADOPTED ON THE 8TH DAY OF JANUARY 1940, AND AS COD-
IFIED IN CHAPTER 8.16 OF THE BOZEMAN MUNICIPAL CODE,
DEFINING GARBAGE FOR THE PURPOSES OF THIS ORDINANCE;
PROVIDING FOR THE COLLECTION AND DISPOSAL THEREOF BY,
AND UNDER THE SUPERVISION AND CONTROL OF THE DE-
PARTMENT OF PUBLIC SERVICE, AND FOR DEFRA YI NG THE
COST OF SUCH COLLECTION AND DISPOSAL AGA I NST THE
PROPERTY TO WHICH SUCH SERVICE IS RENDERED; AND
PROVIDING PENAL TIES FOR VIOLATION OF THIS ORDINANCE.
Preamble
The purpose of this ordinance is to protect the health, safety and
general welfare of the inhabitants of the City of Bozeman by
providing for and regulating the collection, removal and disposal
of garbage within the city and to provide for the payment of the
costs thereof through a volume-based rate structure which en-
courages the residents to recycle those materials which are
recyclable.
BE IT ORDAINED by the City Commission of the City of Bozeman:
Section 1
That Section 8.16.010 of the Bozeman Municipal Code, as codified from
Section 1 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.010 Ga rbage defined.
For the purposes of this chapter, the word "garbage" as-"ttged--frt-tJ,ts
el't6pter means all refuse, animal, plant and vegetable matter, ashes, floor
sweepings, waste paper and the like; but shall not be construed to include ani-
mal or poultry manure, basement, foundation or lawn excavations, or loose
ea rth from excavations of any kind, or trees, except small prunings; debris
from the construction or wreckage of buildings which, while unsightly, is not a
menace to the public health; but this definition shall not be held to exclude as
garbage anything which is commonly known or accepted as such even though
not specified herein, and in case of doubt or dispute the e-epa-N:fl'leftt--6'f-ptfoHc
weffal"'e Director of Public Service shall decide such dispute and tt5 his decision
shall be final and conclusive.
Section 2
That Section 8.16.015 of the Bozeman Municipal Code be, and the same is
hereby added to read as follows:
8.16.015 City collection of garbage.
Except as hereinafter provided, the City of Bozeman shall provide
garbage collection and disposal services within its city limits.
The City of Bozeman shall provide garbage service to annexed areas on
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the following basis:
a. When totally undeveloped, vacant lands are annexed, the City
shall provide all subsequent garbage services;
b. When developed lands are annexed that are receiving no garbage
services, the City shall provide all subsequent garbage services; and
c. When developed lands are annexed on which some persons are
receiving private garbage services, those persons cannot receive City
garbage service for five years, but the City provides garbage collection
services to all subsequent residents in the area.
Section 3
That Section 8.16.020 of the Bozeman Municipal Code, as codified from
Section 2 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.020 Collection and e1f"f'esffie" disposal by City -- Exemptions --
Chapter provisions not exclusive.
A. Except as herein otherwise provided, the provisions of this chap-
ter shall extend and be appl icable to all places and premises within the
corporate limits of the City where garbage accumulates. There may be provi-
sionally exempted from collection and el+!tf'esi-tien disposal of garbage by the
Department of Public Wef fal"e Service under this chapter, certain premises,
hereinafter specified, so long as the owners or occupants of such premises elect
to and do by themselves or through others collect and dispose of such garbage
at no greater intervals than once each week, in accordance with the provisions
of this chapter and rules and regulations adopted and approved pursuant
thereto. Such premises which may be so provisionally exempted are specified
as follows:
1. Premises occupied and used for business purposes only;
2. Premises occupied and used for combined business and residence
purposes only;
3. Premises used for professional purposes only;
4. Premises used for combined professional and residence purposes
only_.!..
5. Residential premises being serviced by a private garbage
collection service, until such time as the property owner petitions for
City service.
B. I f and when garbage is not removed and disposed of from such
exempted premises as herein provided, the Department of Publ ic Weft:ctr-e Service
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shall serve or cause to be served notice upon the owner, or agent of the own-
er, of such premises. If after such notice the removal and ms-r:)6~i-t-iol'l disposal,
or either, of the garbage from such premises continues to be unsatisfactory to
the ~t Director of Public We.Jfa.1"e Service, the Department shall give
further notice to such owner or agent that such removal and eHs-J'e~ffiol'l
disposal will , commencing on a date certain, be made and done by the
Department of Public We4.f:al'"'e Service and the cost thereof, under the provisions
of this chapter, will be assessed against the premises from which such removal
is made.
C. The owner, occupant and operator, or either, of such provision-
ally excepted premises may, however, arrange with the Department of Public
Weft:ar-e Service for the removal and ms-J'o~i-t-iol'l disposal of garbage from such
premises under the provisions of Section 8.16.050 of this chapter, and rules
and regulations adopted and approved pursuant thereto, and at the cos t of
such owner, operator and occupant. Nothing contained in this section nor in
this chapter shal I be construed to afford or grant immunity to any owner or
occupant of any premises within the corporate limits of the city, without regard
to the purpose for which used, from the duty to keep the same free from
unsanitary, unsafe or unsightly accumulations of garbage, as defined in Section
8.16.010, or which is offensive to the neighborhood as a nuisance, nor to
disregard or violate any other provision of this chapter or any rule or
regulation adopted and approved pursuant thereto, nor to repeal or modify the
provisions of any other ordinance of the City not inconsistent with the
provisions of this chapter for the protection and the sa fety of the life,
property and health of the citizens of the City; nor shall any such other
ordinance be considered or regarded as repealed or modified by anything in
this chapter contained unless clearly inconsistent herewith and unless herein
expressly so provided; but all such other ordinances shall be and are continued
in full force and effect and shall be read and construed where necessary, in
connection with this chapter and harmonized therewith if it be possible; nor
shall any provisions of this chapter be construed as granting immunity or
exemption from prosecution for violation of its provisions, but such provision of
this chapter for its observance and enforcement and to make it effective as a
police regulation of the City.
Section 4
That Section 8.16.030 of the Bozeman Municipal Code, as codified from
Section 3 of Ordinance No. 696, be and the same is hereby amended to read as
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follows:
8.16.030 Containers -- Type and number required.
A. All garbage for collection by the city shall be placed either in
suitable containers equipped with a tight cover and equipped with handles so
that they may be lifted and carried by one person, or in bags or other
disposable containers adequately securing the garbage therein against discharge
of said garbage. No such container shall have a capacity of more than
thirty-three gallons, and the contents thereof shall not exceed twenty-five
pounds. :r-he---<:t~,-~,...ator--al"\eI--oeett"8t"tt--&f-~-ftt.tm81"l- .he"B-ttetioft-wit"'fn
t"'e-ee~~e-+~~5-~-t"'e-e+~-ee~I"\~~~fHft-1~~~eftS-~-~~-87+6.9r9
ef-#tts-~te""-!''''8H--pr"()V''i-de-".,..-eat:fse-t6'-ee-~,-afld-ttt-tl+I--Hmes--ffeep-ol''
eBtl5e--t:e--be-~t-,-"ol"t&bJe--metaHte--y.e!'!teI-s-""Or" ""'C01'tte-i"fte'f'S--fttr--t:fte-~-t"'ere-i-ft
of -g B f'0e-ge--.- - --5ue"'- e'Oftttlffle I" S -5fflH+ -fta-'9'e - fltmd+es-; - -s-httI+ -1"\ ot -e xeeed- -f"Of'ty--ge-f+o-n s
eBf'tleHy., - be- -p1"OV' tdeeJ.-wit"'- -a- "'stlHtl-ble - f fy-Hg-ht- -co-'9'e'...., -BI"I&-1:te Said containers
shall be so constructed and at all times maintained so as to prevent leakage.
Such containers shall be placed and kept as required and directed by the
Department of Publ ic We.J+a-l'"e Service. In the case of apartments or other
ffi"ltlttpl-e--ftlfl'tHy multi-family dwellings, as many containers of a type specified by
the Director of Public Service shall be provided as the Department of Public
Wef~a-I"'e Service shall s~+~-al"\d require.
B. It shall be unlawful to cause or allow garbage to be placed at the
designated point of collection without being contained within a suitable container
as hereinbefore described.
C. Containers will be allowed within the street right-of-way only on
the day of garbage collection, but must be stored off the right-of-way the
remainder of the time. Racks for garbage cans will be allowed along the alley
right-of-way, provided they are adequately maintained and do not encroach
upon the driving area within the alley.
D. It shall be unlawful for any person or business to dump or place
garbage in a garbage container belonging to another person or upon any other
premises without the consent of the owner of such container or premise.
Section 5
That Section 8.16.040 of the Bozeman Municipal Code, as codified from
Section 4 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.040 Administration -- Rules and regulations.
The execution and administration of the provisions of this chapter shall
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be, and are, committed to the Department of Public WeHa-1"'e Service of the City,
and to the Director of the Department, under the supervision and direction of
the City Manager. The City Manager, subject to the approval of the City Com-
mission, is authorized and empowered to make, alter, amend and repeal rules
and regulations not inconsistent with the provisions of this chapter, for opera-
tion and administration; and such rules and regulations, as from time to time so
adopted, altered, amended, repealed and approved, shall be considered as a
part of this chapter, to be read and construed and observed in connection
herewith. The Director of the Department of Public Welfa-I'"e Service sha II
employ all help necessary for such administration, provide all collecting and
hauling equipment, stationery, books or account, blank forms and other
incidentals necessary or convenient for efficient and economical administration of
the provisions of this chapter and the rules and regulations adopted and
approved pursuant hereto and as herein provided.
Section 6
That Section 8.16.050 of the Bozeman Municipal Code, as codified from
Section 5 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.050 Costs of collection and dfs-I'osi-t-io" disposa I -- Collection and
payment -- Garbage fund.
A. The cost and expense of collecting and disposing of garbage un-
der the provisions of this chapter and of rules and regulations adopted and ap-
proved pursuant thereto, including the cost of procuring, collecting and haul-
ing equipment, and the maintenance, repair and replacement thereof as
required; of salaries, wages, and benefits, s~a-H~-and-~+ee-5ttppHes-8ftd
offie~-eqtttpme"4:,-~-of-fleeOtlflt all general operations costs, such as office
equipment and supplies and all incidental cost and expense, shall be specially
assessed against the real property serviced and from which garbage is collected
and removed, except as otherwise herein provided. =r -he- - &&sf!" -"il'fl'{'j- - tIfl'i t -.fe1"
Stlefr fl'S3C g gment-sRtlH-re "it"~~'F-ft6't-"'fflO,.e-tRfln-fotl-r-ffle+n- -rt)t)fflS -oeet:f~
a"~~sed-.f~~~a~-I'~~Y-~-I'e"5on-~-one-.f8~+y~--~-reskie"ee
hB-v1ng--rrt6'j&e-t+tal"l-fot:l"-ma1~~!",-and- -W-R ieft -ts--ocet.tJ-"ted-~y-n6t-fflO1'"e" -t+left'-t'tne
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made- "'i.'t'I'l'6- -J.evfecl- -aflel--co-I feeted- "'i.'t'I'l'1'lt:ta+ ~ -j-n. -the -s-ame-1'ft8ftl'ler,-"56- -fer--e-s- -pfflet-ieB-
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1'B+eI-8nd- -d+scl't8-rgeeJ,-afl-d--s-ha-I+-be-5t:tbjeet -to--tfte-s-arne--peneHfe5--for--cleHI'l-queney
in--I'B-ytneflt -when-d-tte---(tfteJ-"P'8"tabk--as--Bre--ot+ter--speei-e-l-~tg--al'l-d-~e-v1e5
~-b..,..~-€+~-tl~-as-~~zeeJ-~--t"e-48~-6'F--t-he-51tl1e. The basis of
assessment for collection and disposal of garbage shall be set as follows. A
base rate, tag system and its accompanying fee, and any special fees shall be
set through adoption of an assessment resolution by the City Commission on an
annual basis for all properties which utilize the City1s garbage collection
system. Said assessment shall be made and levied and collected annually in the
same manner, so far as practicable, as are other special assessments and levies
of the City, and shall be a lien against the property against which they are
severally assessed and levied until paid and discharged, and shall be subject to
the same penalties for delinquency in payment when due and payable as are
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other special assessments and levies made by the City and as authorized by the
laws of the State. Users of the City's garbage collection system shall be
required to purchase special City of Bozeman garbage collection tags, at a fee
to be established in the annual assessment resolution, which must be attached
to any can, bag or other disposable container, none of which exceed twenty-
five pounds, in which garbage has been placed for collection.
B. All properties within the city limits not excepted under the
provisions of Section 8.16.020.A.1-5 shall be subject to the base rate
assessment as set forth in the annual assessment resolution.
BC. All speefal- B3'3C3'3f'1'tel"lt!!t-BR-d--1evte!!t,-BRe-"'8"lf.-e-tfte.r moneries collect-
-
ed, received or paid under the provisions of this chapter, shall be kept in a
separate fund to be known as the "Garbage Fund, II and shall be paid out only
on warrants drawn on such fund and signed as are other warrants of the City
for the disbursement of its funds, and upon claims duly executed, presented,
audited and allowed, all as required by law.
Section 7
That Section 8.16.060 of the Bozeman Municipal Code, as codified from
Section 6 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.060 Outdoor burning or dumping of garbage prohibited.
The outdoor burning of garbage within the corporate limits of the city
(except by the Department of Public Service pursuant to its operation under
this chapter) in or out of incinerators, and the deposit of garbage upon the
premises or property of another without the express permission and consent of
the owner or occupant of such other property or premises, is forbidden and
prohibited, and any such burning or depositing shall be deemed a violation of
this chapter and, upon conviction in the ~tee City Court, shall subject the of-
fender to the penalties provided for violations hereof.
Section 8
That Section 18.16.065 of the Bozeman Municipal Code be and the same is
hereby added to read as follows:
8.16.065 Dumping of hazardous materials/wastes prohibited.
The unauthorized dumping or disposal of "hazardous materials" or "haz-
ardous wastes, II as defined under state regulations, into the collection and dis-
posal system or upon any properties within the city limits or upon property
owned by the City of Bozeman shall be expressly prohibited. Such unauthor-
ized dumping of hazardous materials or hazardous wastes shall subject the vio-
lator to the remedies and penalties set forth in the State statutes.
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Section 9
That Section 8.16.070 of the Bozeman Municipal Code, as codified from
Section 7 of Ordinance No. 696, be and the same is hereby amended to read as
follows:
8.16.070 Violation -- Penalty.
Any person violating any of the provisions of this chapter, or of any
rule or regulation adopted and approved pursuant thereto, shall be guilty of a
misdemeanor and shall be subject to a fine not to exceed Five Hundred Dollars
($500.00).
Section 10
This ordinance shall be in full force and effect on and after July 1 ,
1991 .
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the
City of Bozeman at a regular meeting thereof held on the 18th day of
March 1991.
ATTEST:
e4.t~
Clerk of the Commission
FINALL Y PASSED AND ADOPTED by the City Commission of the City of
Bozeman at a regular meeting thereof held on the 8th day of April
1991 .
R
ATTEST:
~.i~
Clerk of the Commission
City