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Home My WebLink AboutOrdinance 98- 1478, Amends §§ 8.16.010, 8.16.020, 8.16.030, 8.16.050 and 8.16.060, solid waste .-. ----------- ORDINANCE NO. 1478 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THA T THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 8.16.010, 8.16.020, 8.16.030, 8.16.050 AND 8.16.060, OF SAID CODE, AMENDING THE SOLID WASTE REGULA TIONS TO PROVIDE FOR THE AUTOMA TED SOLID WASTE COLLECTION SYSTEM AND THE SETTING OF FEES FOR SUCH SERVICE, AND FOR A PROHIBITION AGAINST DUMPING OF WASTE AT RECYCLING RECEPT ACLES. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 8.16.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.16.010 Definitions. For the purposes of this chapter, the following definitions shall apply: "ip~9m~~~999Hijp~iq/"l~grY~9~"m~ijM~~9Ii9\.%~~~~..99Hg9~B~Mpy~t'\~::'i'i~~;::::9:f~!::~i.9"~mijl"l ~nrgygh.~t'\~iY~iPf~q9~lg9t~9M'~rqqK\.%mqhytm~~~ijmijpDijQiqij!"'~rm~~pig~ypijggg~.lp~~:~qt,i~. "Commercial account" means any place or premise used for non-residential, business or professional purposes only that utilizes solid waste collection and disposal services provided by the City. "Solid waste" means all refuse, animal, plant and vegetable matter, ashes, floor sweepings, waste paper and the like; but shall not be construed to include animal or poultry manure, basement, foundation or lawn excavations, or loose earth 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 solid waste anything which is commonly known or accepted as such even though not specified herein, and in case of doubt or dispute the Director of Public Service shall decide such dispute and the Director's decision shall be final and conclusive. "Solid waste service" means the collection, removal and disposal of solid waste by, or at the direction of, the City of Bozeman. )'rugi~"m~@m~~~9Iiqyygi$~~:j:;9Ijt~!Q~r;Q~nijgpY~Q~~i~Y9fm9#~mgi8~.'YYO!9n~~q~ij~. iM@Dijijyr.9m~,~q9911~9~j'(.iQ'pr9gt:~m!S" Section 2 That Section 8.16.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.16.020 Collection and disposal by City - Exemptions - Chapter provisions not exclusive. A. Except as herein otherwise provided, the provisions of this chapter shall extend and be applicable to all places and premises within the corporate limits of the City where solid waste accumulates. There may be provisionally exempted from collection and disposal of solid waste by the Department of Public Service under this chapter, certain premises, hereinafter specified, so long as the owners or occupants of such premises elect to, and do through a private contractor licensed by the Montana Public Service Commission for the solid waste collection and transportation, collect and dispose of such solid waste at no greater intervals than once each wee.kOOQotl1i, 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 profes sional and residence purposes only; 5. Residential premises being serviced by a !.ig~~~~~ private solid waste collection service, until such time as the property owner petitions for City service; or 6. Montana State University on-campus facilities. B. If and when solid waste is not removed and disposed of from such exempted premises as herein provided, the Department of Public Service shall serve or cause to be served notice upon the owner, or agent of the owner, of such premises. If after such notice the removal and disposal, or either, of the solid waste from such premises continues to be unsatisfactory to the Director of Public Service, the Department shall give further notice to such owner or agent that such removal and disposal will, commencing on a date certain, be made and done by the Department of Public 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 provisionally excepted premises may, however, arrange with the Department of Public Service for the removal and disposal of solid waste from such premises under the provisions of Section 8.16.050 of this chapter, and rules and regulations adopted and approved pursuant - 2 - .....---- --..--- thereto, and at the cost of such owner, operator and occupant. Nothing contained in this section nor in this chapter shall 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 solid waste, 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 safety 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 3 That Section 8.16.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.16.030 Containers . Type and number required. A. All solid waste for collection by the City shall be placed i;6'pgp~iiQ~~iI;I~:::~:~ngli; ..",.... """ '" "'" """,.... ......................".......................... &,~Ar"ill,:Pth$tgqll~9t-i9tlig99YQj~i~9nn',li~t-i$h~:!li:;;ip~,:,::plijG~g 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 solid waste therein against discharge of said solid waste. No such container shall have a capacity of more than thirty-three gallons, and the contents thereof shall not exceed thirty pounds. 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 Public Service. In the case of apartments or other multi-family dwellings, as many containers of a type specified by the Director of Public Service shall be provided as the Department of Public Service shall require. B. It shall be unlawful to cause or allow solid waste to be placed at the designated - 3 - point of collection without being contained within a suitable container as hereinbefore described. C. Containers will be allowed within the street right-of-way effiy- tPi,i:n9~1::~~~~gt~ '~:QP on the day of solid waste collection PQI'y:, but must be stored off the right.of-way the remainder of the time. Racks for solid waste 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 solid waste in a solid waste container belonging to another person or upon any other premises without the consent of the owner of such container or premise." Section 4 That Section 8.16.050 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.16.050 Costs of collection and disposal - Collection and payment - Solid Waste fund. A. The cost and expense of collecting and disposing of solid waste under the provisions of this chapter and of rules and regulations adopted and approved pursuant thereto, including the cost of procuring, collecting and hauling equipment, and the maintenance, repair and replacement thereof as required; of salaries, wages, and benefits, all general operations costs, such as office equipment and supplies and all incidental costs and expenses, shall be specially assessed against the real property serviced and from which solid waste is collected and removed, except as otherwise herein provided. The basis of assessment for collection and disposal of solid waste shall be set as follows: 1 . 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 City's q9oj~Y1gm~]~~ solid waste collection system. 1~la'I"Jt."'lri(ill!tl~B\tfilll *V$.t@m; ."................... illtlili'i~i'llilrttllllf..'1 ijQQy~I....P~~i~..D~'r~iript9Yiq~g.... -2-4. 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 - 4 - ---..---.-. -------_._,.,-- - and discharged, and shall be subject to the same penalties for delinquency in payment when due and payable as are other special assessments and levies made by the City and as authorized by the laws of the State. ~p' Users of the City's Qqn2~:~~~~~~I~: solid waste collection system shall be required to purchase special City of Bozeman solid waste 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 the contents of which exceed thirty pounds, in which solid waste has been placed for collection. B. That, in lieu of the tag system, an optional imposed flat rate dumpster fee assessment will be provided for those property owners who apply for that assessment or upon whom the flat fee is imposed by the City Commission for non-compliance with the tag system. Said optional assessment shall be applied only to dumpster accounts within the City which are serviced by the City of Bozeman and not serviced by any other private contractor licensed for solid waste collection. The flat rate dumpster fee assessment will be established in the annual assessment resolution. C. That, in lieu of the tag system, a flat rate fee assessment for those property owners that utilize solid waste cans and upon whom that flat fee is imposed by the City Commission for non-compliance with the tag system shall be set forth in the resolution setting forth rates for solid waste collection activities. D. All properties within the city limits not exempted under the provisions of Section 8.16.020.A.1 through 5 shall be subject to the base rate assessment as set forth in the annual assessment resolution. E. All monies collected, received or paid under the provisions of this chapter, shall be kept in a separate fund to be known as the "Solid Waste Fund", 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 5 That Section 8.16.060 of the Bozeman Municipal Code be amended so that such section shall read as follows: "8.16.060 Outdoor burning or ~mpr9P~r dumping of solid waste prohibited. The outdoor burning of solid waste 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 solid waste upon the premises or property of another without the express permission or consent of the owner or occupant of such other property or premises, ~ 5 - 9r:',t:h~';,;9~P9~f~,',',~fm~'~rj"Ji:"'~9~!9~,Qr.if~~q"~dlj~~~9~$ij99~tn~lj'~::',m~~mt~~~~'~~ijtlY':':::~:19jy~!:!:~Q r~9ip~i~l~qWn~~~Mq9pirir.iqpy~hi9j~ygr~Qypt!Mir.i~n~ft'y is forbidden and prohibited, and any such burning or depositing shall be deemed a violation of this chapter and, upon conviction in the City Court, shall subject the offender to the penalties provided for violations hereof." Section 6 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 7 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 8 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. Section 9 Effective Date. This ordinance shall be in full force and effect on November 20, 1998. PROVISIONAll Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of October 1998. ~ ~ -/# ALF D M. STIFF, Mayor ATTEST: ~ /d~ ROBIN L. SULLIVAN Clerk of the Commission - 6 - ------- ---------- FINAll Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of October 1998. ~~~~ ATTEST: ALF M. STI F, Mayor (ltL 2~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 7 - --.,