HomeMy WebLinkAboutOrdinance 40- 696, Regulates garbage collection and disposal (5.20)
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ORDINANCE NO. 696
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#;tl" ~ ,/'v 1,/ AN ORDIE AIT CE DT~F'INIl;a GARBAG,!i~ FOR TIE pure OSES OF TUIS onDIEANCE: IHOVIDJTG
/(;41; <,: Vl-- FORTI;:;: COLLscrrION AED ~nSPOSITION THErmOI;' BY, AlE) m;iJEH THT:; SUPEHVISION AND
~<fl ~..' \ ,I,,'( COWI'ROL OF THE DE:? ARTTv:ENT OF PUBLIC \N:r.;;LFARi~: ArI) 20R :8~FRAYlr:G TIill' COST OF
/ ~/ STJCII COLLT<';CTIOH MID :JISPOSITICJ1.: BY SPECIAL ASSES SVE 1: '1' AGAIEST T~:iE l)ROl'EI~TY
I:' J, TO VIITICH SUCH ~)SRVICE IS RENDBRE::): AND pnOVIDn~G F:~ITALTI~S POR VIOLATIO}j OF
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PREAMBLE
WI:"'ERl;;AS: For the protec tion 01' the heal tl1 and the promo tion of the general welfare
of the inhabi tan ts of The Oi ty of Bozeman it is necessar:T tho t prov:tsion be made for
reo:u lar and s Y8 tema tic collec tIon, removal and disposi tion of garbaGe (as "Garbage" is
hereinafter def:i.ned) accumula tions wi.thin the Ci t:T and to provide for the payment of the
cost thereof; therefore,
BE IT ORDAINED BY 'rEE COT::IGSSION OF' TIll:: CITY OF BOZEI,TAN:
Section 1.
Definition
POI' tIle purposes of this ordinance the word "garbage" as lJ.sed in this Ordinance
means all refuse, animol, plant and vegetable matter, asl~s, floor sweepings, waste paper,
and the like; but shall not be construed to include animal or poultry manure, baserr:ent,
foundation, or lavm excavations, or loose earth from excavations of any kind, or trees,
except small pr1(ninljs; debris from trIe construction or wreckage of buildlnc:s and w{:;.ich
while unslchtly is not a menace to the public heal th; bu t this derinl tion shall hot bo
held to exclude as garbaF,';e anythin[" which is cOJ11l:lonly known or accepted as such even
thouf':h not specified herein, and in case of doubt or dispute The Departmen t of fublic
Welfare of The Clt:r of Doze:r.mn shall decide such dispute and its decision shall be final
and conclns i ve.
Section 2.
Application of Ordinance
Except as herein otherwise provided, the provisions of this ordinance shall extend
and be applicable to all pIsces and prer.1ises within the corporate limits of '1'he eit;;>, of
Bozeman where garbage accumulates. There may be provisionally e,empted from collection
and disposi tion of c:arbage by the Department of Public Vv'elfare under this ordinance, cer-
tain premises, Ilereinafter specified, so long as the owners or occupan ts of such prernises
elect to and do b:r themselves or throush otl18rs collect and dispose of such Garbage at
no greater intervals than once each weele, in accordnace with the provisions of' this 01"-
dimmce and rtlle3 and rec;ula tions adopted and approved pursuan t thereto. Such prerlJises
wLich may be 80 provisionally exempted are specified as follows:
1. I'reniscs occupied and used for bus iness purposes only.
2. Premises occupied and used for comblned business and residence purposes only.
3. Pren:ises used for professional purposes only.
4. Prerr:ises used for combined professional (ill (1 res _:dence purposes on 1 y .
If' and when r',;arbafTe is not removed and disElosed of from such exempted premises as
herein provided, the Department of Public Welfare shall serve or cause to be served notice
thereof upon the owner, ar agent of the owner, of snch premi[;es. If after suc1"~ notice
the rer.Joval anu. disposi tion, or 01 t[:.er, of garbage from such premises continuos to be un-
sa tisf'actory to The Departrr.en t of public 'vlelf'are, said Jepar tmcn t s ha ll~i ve 1'1:1.1" thoI' notice
to such OVlner or acent that such removal and disposition wiLt, commencing on a date cer-
tain, be made and done by '1'he JJepartmen t of Public 'd~ol1'are and the CO:J t thereof, under
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the provisions of' this ordinance, be assessed agalns t the prem,ises from which suc:h removal
is made. The owner, occupant and operator, or either, of such provisionally exempted
premises may, however, arrange wi th 'l'he Departmen t of i'ublic Welfare for the removal and
disposition of parbage from such premises under the provisions of Section 5 of this or-
dinance and rules and rc.r:ulations adopted and approved pursuant thereto, and at the cost
of such ovmor, operator and occupant. Nothinr: in this sect:ton nor in this ordinance
contained shall be construed to afford or grant imr:JUni t:r to any owner or occupant of any
premises within the corporate limits of The City 01' Bozcr;an, without regard to the purpose
for which used, from the dl)t:~ to keep the same free from unsani tary, unsafe, or unsl0'htly
accumula tions of carber:e, as defined in Sec tion 1 l1ereof, or wLich is of fensi ve to the
neirrhborhood as a nuisance, nor to disree;ard or violate any other provision of tLis Orcii-
nance or any rule or re.:rulation adopted and approved pursuant thereto, nor to repeal or
moJify the provisions of an:r other ordinance of The City of Dozer.mn not inconsistent with
the provisions of this ordinance for tho protection and the safety of the lifo, property
and health of the c.'Ltizens of said City; nor shall any such other ordinance be considered
or rf~r~arded as repealed or modified by anythinc: in this ordinance con tainecl unless clearly
inconsistent herowitL and unless herein expressly so provided; but all such other ordinances
shall be and are continued In full force and effect and shall be rorrd and construed, where
necessary, in connection with this ordinance D.nu harmonized therewitb if it be possible;
nor shall any provision of this ordinance be cons trued as (Cran tinE: ir.-mnmi ty or exemption
from prosecution for viola tion of its provisions, bu t such prosecution shall be in addi-
tion to any other provision of tLis ordinance for its observance nnd. enforcer:1ent anci to
make it effective as a police regulation of The C.:ty of Bozeman.
Section 3
Con tainers .
Tho owner, operator, and occupant of every human habitation witLin the corporate
liTIits of The City of Bozonan comlne; within the provisions of' Section 2 of this ordinance,
whall provide, or caus e to be provided, and a t all times leeo)! or caus e to be kep t, pro table
metallic vessels or containors for thedeposi t therein of carbn'w. Such conta' ners shall
ha vo hancl1es, shall not exceed forty( 40) gallons capacl t;l, bo provided v,i tll a su i ta ~)le
fly-tigi:lt cover, 8ml be so constructed and a tall t:tmes main tainoc1 so a~l to prevent leak-
nge. Such con ta1ners . shro111 be placed and kept as requirod and eli 1"00 tad b:: The iJepar tr:,.on t
of public Welfare. In the case of aparbr.ents or other mul tiplc family uwell:1nt:"s, totS m8.ny
contaIners sball be provided 8S The Department of public \'iclfare shall specify and require.
Section 4
Adminis tra tion
'T'he excel) tlon and admln.ls tra tlon of the provis ions of' t:lis ordl.Tlanc e shall be and is,
COITill:i tted to The Department of Public Vielfare of The Gi t; of 30Zerl8n and to the .Jirector
of ~H~ld Department, l1.nder the supervision ami dire.~ tior~ of t:,8 C.L t;,' EiJn",'-: r. 'J:';,C ,:.~ l;:,'
r,~anar"er sub iect to the approval of the Ci ty COTIU;lisoim, ::'..s authorized anll wr.povJered to
matee, alter, amend and rei.jeal rules and ro~,:ul8.tlons, not Incmulistcnt ',lith t~1e provisions
of this ordinance, for such opera tion and admlnis tra tion; and SUCll rule 3 and re:~1118 tions,
as from time to time 80 adopted, 8.1 tered, amended, repealecL and approved, shtlll 'oe con-
siderec1 as a part of this ordlnance, to be read and construed aDu observed in connection
herewith. The Director of The 0epartmeDt of public '!lelfare shall Elr.'[jlo~! all holp necessary
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for such administration, provide all collectlnf and hmlllng enuipment, stationery, books
of account, blank forms and other incidentals necessary or convenient for effician t and
economical administration of the provisions of this ordinance and the rlJlfJs and regula-
tions adopted and a;!provod pursuant hereto and as herein provided.
Section 5
J\s~lessment and Pa:rment of Cost
'The cas t and expens e of collec tirur and disposinS of c:arbacce under the pro vi sions
of this ordinance and of rules and re,c:ulations adC)ptr"d and approved pursuant thereto,
including the cost of pro-auring collecting: and haulinc equipment, and the maintenance,
repair and replacerr,en t thereof a s required; of sal aries, '/laces, E.; ta tioner:r and off ic e
Sllpplies and office equipment, books of account and all inciciental cost and expense,
shall be specially assessed at':a~E3 t the real propert~T serviced anci fr;)m which garba,'3e is
collected and removed, except as otherwise here~;n provided.
The basi s and unit for such
asseSSr::lent shall be a residnece of not more than four (4) main rooms occupied and used
for residne tial purposes b7T one perc,lon or one family. A residence havIDI,r morc than four
(4) main rooms, and which is occupied by not marc than one person or family, shall be
assessed ten percent (IOJb) more than the 1m:L t charp;e, for each main rOOM morn than four,
and a residence of less than four (4) main rooms and so occupied shal.l be nssessecl ten
percent (10)6) lens than the unit chRrgc, for each room less than four. For apartment
hou~les, mul tiplc family dwellings and board.lng houses, adjustment of clv3.rrros and assess-
!ncnts above and on the basis of tho unit price shall be made as the rules and roculatlons
shall provide and 0.8 exporience shall shbVl to be fair and equi table on the basis of
actual cost, above the unit price, of the serive rendered. 'Nhen, under the provisi::ms
of Section 2 of this ordinance, c;arba?e removal service is rendered to business and
provess ionsl concern8, and conbinoc1 residence and business and 1"0 sidence and profess-
ional places, the clw,I":Ie .!'or such service aha 11 be at ac tual COB t as campu tad by 'l'he
Depa rtmen t of Public Service, and an advance clcposl t shall be required to cover tile
cos t so com-,~;uted and for such per ~_od of time as The Department of Public Service shall
req'..Jire or the Department anci the owner or occupan t shall agreo upon. Such service may
be discontinued upon 30 days notice in writin~ to The Department of ~lblic Service re-
qlJBstlng such discontinuance, and upon such discontinuance any part of the deposi t re-
maininz after pa;:,'!l1ent of the cost of such service to the date of discontinuance shall be
refunded; provideq, further, that the owner of tile pro~)(-:lrty ill which any such bus:lness
or profession is conducted may elect, by writing flIed with The Department of ~;ublic
ServIce, to come permanently under the provisions of this ord~r;ance and anyamendmont or
amendments tl"iereof or thereto, and u:)on slJch election the actu.al cas t of such tsarbll.=:e
collec tion and dislJosal for such bus i.ne ss, as compu ted b;' Tho Department of Public Ser-
vice annually, shall be levied and assessed acnins t SUCll propert~; and co llec ted as are
o ther spec 1al as ses sn:on ts under the provis lons of this crdinance, and no advance ciepos.i t
shall be requiro\j. All special assessmen ts made and levied under this ordinance slH~lll
be made and levied and collected annually in the sarne mann8r, so far as practicable,
as are other special assessmonts and 1 vies of The City of Bozeman, [md shall be a lien
a?:ains t the propert7r aGa ins t wbich they are several17T as ses sed and levied un til paId
and clischargeCi, and shall be 3Jbject to the sane penal tics for delinquency in paynBrt
Ordinance No. 696
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when Llue and payable, as are other special assessments and levies nade b:r '1'1'10 Ci ty of
Bozeman and as authorized by the lai'fS 01' Tho State of Montana. All special assessmonts
and levies, and all other money collected, received or paid uncleI' the provisions of this
ordinance, shall be kept in a separG te f1md to be Imown as the Garba,se Fund R.nd shall be
paid 01J.t only on warrants drawn against such Fund and sicned as are other warrants of
The Cl t" of .dozer.w.n for the cUsbursement of its funds, and upon claiTIs duly executed,
;;resen ted, audi ted and allowed, all as reqtlired b;,' law. POI' the payrren t of t:18 co:,; t 0 l'
pro cur:1.ne; equipmen t, ffi1d for opora tion and adrdnis tra tinn under tIJis ord.inance for the
year H140, as provided in Section 6 hereof, and until the first collection of levies,
assessments and chc.rr:es under the provisions of this ordinance, and lmtil there ~s m.mey
sufficient in said Garbage Fund to defray the cost of such equipment procurment, maln-
'tenance opera t:Lon8 and adminis tra tion, including all inciden tals, on a year17T basis, an~l
money not otherwise appropriated or pledrreci, in any other f1.md of 'Tho City of Bozeman,
and as the Ci ty Commission shall direc t and provide for in the Ci t7T bud;:,;ct for tile year
1940, may be appropriated and used.
Sec tion 6
Burning Garbage Prohibited
'Ilhe outdoor burn:tnr: ofe:arbap,e wi thln the corporflte limi ts of 'rhe Ci t:' of Bozeman,
(except by 'I'he Departmen t of Public Service pursuant to its opern tion under this ordl-
nance) in or ou t of inc inera tors, and the deposi t of p;arbar:,:c 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 hereby forbidden anu prohibi ted, and any sucb burning or
uepositinc shall be deemed a violation of this orclinance and, upon conviction in the
police court of The City of DozemBn, shall subject the offendor to the penalties provided
for violstlons hereof.
Sec tion 7
Penalties
Any person found ,guil ty in the Police Court of 'llhe Ci ty of Bozeman of a viola tion of
thl s ordinance, or of nny rule or regula tion adopted and approved pursuant theroto, shall
be fined in any sum not exceedinG Fifty ($50.vO) Dollars, or by imprisonment in the city
or county jail for not exceed:,nr: thirty uays, or b:' both such fine ami i:T.prisonment.
Sec tion 8
:2ffec ti ve Da te
This ordinance shall be in force and effect on and after April I, 1940.
Passed and adopted tills 8th day of Januar:r, 1840.
Nr'l'EST:
4if&I:r ~~Sion
S ta te of Iv;C)D tana )
COlln tv' of Ua 110 tin) s s
:i, Rachel 'I1Jrcott, Actin!! Clerk of the CO:nT'dssion, of The City of uozem,Jn do hereb:!
gertif:r that the forep;olng Ordinance No. 6'36, wns published by title and number in the
oozeman Daily Chronicle, a newspaper of genera.l cir'Clllation, printed 8:: published in said
Clt;r in the issue of January 10, IJ40, and that due proof is on file in my office.
IY' wi tness whereof, I hereunto set my ~.and and affix the seal of my office bds
11th day of Ja.nuary, 1940.
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:tnc Clerk of' tLc I.JOnL'nis s ion
Ordinance Eo. 696