HomeMy WebLinkAboutOrdinance 93- 1367, Amends §§ 8.16.010--8.16.030 and 8.16.050---8.16.060, garbage
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ORDINANCE NO. 1367
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE, AS AMENDED BY ORDINANCE NO. 1323 AND WHICH SAID
ORDINANCE IS NOT CURRENTLY
CODIFIED IN THE BOZEMAN
MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 8.16.010,
8.16.015, 8.16.020, 8.16.030, 8.16.050, AND 8.16.060 OF SAID
CODE, PROVIDING FOR THE CHANGE OF THE TERM "GARBAGE" TO
THE TERM "SOLID WASTE", AND FOR REVISIONS TO THE COLLECTION,
DISPOSAL OF SOLID WASTE, AND THE PAYMENTS THEREFOR.
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 li~.1IIIJ.Iri. Definitions.
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For the purposes of this chapter, 111}.1 the following definitions shall aoolv:
Commercial Account: anv Dlace or Dremise used for non-residential. business or
orofessional ourooses only that utilizes solid waste collection and disDosal services Drovided
bv the Citv.
gi~l:jl:" Solid Waste: 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 1i;~lli~ 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: the collection. removal and disoosal of solid waste bv. or at
:tb~ direction of. the Citv of Bozeman."
Section 2
That Section 8.16.015 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"8.16.015 City collection of _tllii solid waste.
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Except as hereinafter provided, the City of Bozeman shall provide iltllR ~
waste collection and disposal services within its city limits.
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The City of Bozeman shall provide iifllttt solid waste service to annexed areas on
the following basis:
A. When totally undeveloped, vacant lands are annexed, the City
shall
provide all subsequent i;lilll! solid waste services;
B. When developed lands are annexed that are receiving no iillll
solid
waste services, the City shall provide all subsequent ...tlllt solid waste services;
and
C. When developed lands are annexed on which some persons are
receiving
private url@ti@ solid waste services, those persons cannot receive City I'..
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solid waste service for five years, but the City provides .11111_1 ~
waste services to all subsequent residents in the area."
Section 3
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 (..tili solid waste accumulates. There
may be provisionally
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exempted from collection and disposal of 11,_
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 1i1::~'IIJI..i.
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through a Drivate contractor licensed bv the Montana Public Service Commission
for the solid waste collection and tranSDortation liE collect and dispose of such
i~~l.lli solid waste at no greater intervals than once each week, in accordance
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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;
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4. Premises
used for combined professional and residence purposes
only;
5. Residential
premises being serviced by a private B~.II solid
waste collection service, until such time as the property owner
petitions
for City service; or
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Montana State Universitv on-camDUS facilities.
B. If and when [(Qliii 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 i(~;.i
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
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provisions of Section 8.16.050 of this chapter, and rules and regulations adopted
and approved pursuant 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
~1~~~iI 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
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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 be amended so that such
section shall read as follows:
"8.16.030 Containers - Type and number required.
A. AIII(l:i<<~ solid waste 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 s@rl:iii solid waste therein against discharge
of said iir;liii solid waste. No such container shall have a capacity of more than
thirty-three gallons, and the contents thereof shall not exceed _Iii 1b.iIti
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 l.rIm solid waste 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 I.~tlll~ solid waste collection, but must be stored off the right-of-way the
remainder of the time. Racks for 11:~l)igi solid waste cans will be allowed along
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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 iifl#iil solid waste container belonging to another person or upon
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any other premises without the consent of the owner of such container or
premise. "
Section 5
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 ~ li~.iI.&2!kt
Waste
fund.
A. The cost and expense of collecting and disposing of iti:fIII
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 cost and expense, shall be specially assessed against
the real property serviced and fro'tn which iar6.lji solid waste is collected and
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removed, except as otherwise herein provided. The basis
of assessment for
collection and disposal of 11111:0 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
iiflli solid waste collection system.
2.
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 other special assessments and
levies
made by the City and as authorized by the laws of the State.
3.
Users of the City's IllIli solid waste collection system shall
be required
to purchase special City of Bozeman 11_ 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 .Hii~fiVi thirtv
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pounds,
in which il'litl solid waste has been placed for collection.
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~ That. in lieu of the tag syStem. an ootional imoosed flat rate
dumoster fee
assessment will be orovided for those orooertv owners who aoolv for that
assessment or UDon whom the flat fee is imoosed bv the City Commission for non-
comoliance with the tag system. Said optional assessment shall be aoolied onlv to
dumoster accounts within the City which are serviced bv the City of Bozeman and
not serviced bv any other orivate contractor licensed for _ solid waste
collection. The flat rate dumoster fee assessment will be established in the annual
assessment resolution.
.c... That. in lieu of the tag svstem. a flat rate fee assessment
for those
prooertv owners that utilize .!.. solid waste cans and uoon whom that flat fee
Q
is imDosed bv the Citv Commission for non-comDliance with the tag system shall
be set forth in the resolution setting forth rates for 1.11I11 solid waste collection
activities.
Ir~D. All properties within the city limits not IIII'J.. exemoted
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.
gi~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 "I.ilt 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 6
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 dumping of BlIIR solid waste prohibited.
The outdoor burning of ii~~li~~ 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 iiilUI solid waste upon the premises or property
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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 City Court, shall
subject the offender to the penalties provided for violations hereof."
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Section 7
REPEALER.
All resolutions, ordinances, and sections of the Bozeman Municipal
Code and parts thereof in conflict herewith are hereby repealed.
Section 8
SEVERABILITY.
If any provisions of this ordinance or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other portions 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 9
EFFECTIVE DATE. This ordinance shall be effective thirty (30)
days after its final
adoption, as provided by law.
PROVISIONALL V PASSED AND ADOPTED by the City Commission of
the City of
Bozeman, Montana, at a regular session thereof held on the 7th day of June 1993.
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Mayor
ATTEST:
Qk d~
,
.
ROBIN L. SULLIVAN
,
Clerk of the Commission
FINALL V PASSED AND ADOPTED by the City Commission of the City
of Bozeman,
Montana, at a regular session thereof held on the 21st
day of June 1993.
ATTEST:
e~f~
ROBIN L. SULLIVAN
Clerk of the Commission
,
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