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HomeMy WebLinkAboutORDINANCE NO. 8970X42 a ~ ORDINANCE N0. 8970 - ~ s An,Ordinance -cr-eating a Garbage Board, defining garbage, providing for the non-accumulation and disposal of garbage, providing regulations .for the matter of disposal, T 1 prices to be charged, and requiring a license and bond j -for garbage haulers, and generally regulating collection and removal of garbage in the City of Eugene, repealing Ordinances - ~ Nos. 8265, 8738.and.87 52,_and.decl~.ring an emergency. i THE CITY OF EUGIIVE DOES ORDAIN AS FOLLOI~IS: ' Section 1. (a) The word "garbage", when used in this Ordinance shall, I for the purposes hereof, mean all putrescible waste, except sewage and body waste, ~ including vegetable and animal waste, animal offal, the carcasses of dead animals, ! rubbish, trash, debris, ashes tin cans, swill, and waste matter generally, and i shall embrace articles and things ordinarily and customarily hauled off and dumped for the purpose of promoting the cleanliness and health of the Gity. (b) The words, "person, firm or corporation", shall in addition to their ordinary usage and meaning, mean any unit, group, association or entity under which business is transacted. Section 2• The regulation of the disposal and hauling of garbage in the City of Eugene shall be under the supervision of the City Manager; provided, hanr~- ever, the City Manager may appoint a Garbage Board consisting of three (3) members residing in the City of Eugene, and designating its-powers and duties for the administration of this Ordinance. Said powers and duties shall not be inconsistent with the provisions of this Ordinance and shall include, but not be limited to, authority to conduct periodic inspections to insure full compliance with the terms and provisions of this Ordinance, and to arbitrate and to provide arbitration of any and all disputes arising between licensees hereunder the citizens of the City of Eugene, and to suspend or revoke the license of arty licensee licensed hereunder for noncompliance after reasonable notice of any award or decision or decision made in arbitration or upon conviction of any violation of this Ordinance in the Municipal Court, and further to require any licensee licensed hereunder to file with the City Manager periodic statements showring all commercial rates being charged or collected in the Gity of Eugene by such licensee. Section 3• It shall be unlawful for any person, firm or corporation in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, trailer camp, hospital, hotel, school, club, fraternity, restaurant, boarding house or eating house, or in possession, charge or control of any shop, place of bus- iness, or manufacturing establishment where garbage is created or accumulated, to fail at all times to keep or cause to be kept portable cans or containers of standard type and construction, and to deposit or cause to be deposited said garbage therein, provided, however, that stiff paper products or wooden waste matter may remaixs out- side of cans or containers if neatly and orderly stored. Said cans or containers shall be strong, water tight, not easily corrodable, rodent proof, insect proof ~~3 and of not more than 35 gallons capacity, and shall have handles at the sides and tightly fitting lids. Said cans,ar containers shall at all times when not being emptied or filled, be kept tightly closed and shall be kept and maintained at a place or places=reasonably accessible to garbage haulers. Section 1a.. It shall be unlawful for any person, firm or corporation to burn, dump, collect, remove or in any other manner accumulate or dispose of garbage upon 2~Ily street, alley, public place or primate property within the City of Eugene othervrise than as herein provided. Wast paper, boxes, rubbish and debris, brush, leaves, o ass, wood and cuttings from trees, lawns, shrubs and gardens, but except- ing paper, cardboard or wood containers in commercial quantities, may be burned upon private property in furnaces, or, upon special permit from the Fire Chief of the City of Eugene, they ma.y be burned in outside fireplaces, private incinerators or in open fires. Section 5, It shall be unlawful for :any person, firm or corporation in the city of Eugene to haul garbage upon the streets and public ways of said City without having first procured a license as hereinafter provided, except .as provided -i.n Section 11 hereof, or to haul garbage to any place other than that designated by the Common Council of said City. Seotion 6. The Common Council of said City has fixed, or shall fix and designate by Ordinance from time to time, a garbage dumpiri.g ground at which all garbage produced or accumulated in the City shall be dumped,-except garbage to be used for agricultural and feeding purposes. All persons depositing garbage on such garbage dumping grounds shall follow rules and regulations adopted by the person or persons in charge of such dumping grounds. Such-rules and regulations shall be reasonable and non-discriminatory. Seotion 7. Any person, firm or corporation desiring to engage in the business of hauling garbage upon the streets of the City of Eugene shall first make application to the City Recorder for a license, and shall tender with such applicat~ ion a bond in the amount of ~~500.00, with good and sufficient surety satisfactory to the Recorder and approved by the City Attorney, conditioned that such applicant shall in all respects comply with the laws, Ordinanoes, lawful directions of the City Manager of the City of Eugene or orders and awards by-the Garbage Board with respect to hauling and disposal of garbage in the City of Eugene and shall, coincidently with the ma~Iting of such application pay an annual license fee of X100.00 for each calendar year or portion thereof payable in advance, and the City Recorder shall thereupon issue to such person, firm or corporation a license to haul garbage in the City of Eugene, which license shall continue in force until expiration thereof, pro- vide the same shall not have been suspended or revoked by the Garbage Board or any competent officer of the City of Eugene. 5~4 Section 8 The securing of a license by an applicant shall in itself const- ~ itute an agreement that such applicant will haul garbage for any person in the City of Eugene raking application for such service upon payment, or arrangements being i made for payment, of compensation therefor as hereinafter provided, it being the. intention of this section to make it incumbent upon all garbage haulers qualifying by the taking out of a license, to respond to calls from any person in the City of Eugene desiring the applieantts service, and performing the service requested within a reasonable tune, and that failure on the part of such applicant to so call and per- form the service requested shall be deemed a violation of this Ordinance. Section 9, The rates and compensation to be exacted for the service render- ed by any licensed garbage hauler shall be reasonable and uniform and shall not be in excess of a schedule of charges and compensation to be adopted from time to time by ! the Common Council of the City of Eugene, , ~ Section 10, All persons, firms or corporations in the-City of Eugene are I hereby required to dispose of all perishable garbage before the same shall have become offensive, and to__dispose of all non-perishable garbage promptly, and not permit the i f same to accumulate on or about the premises and to dispose of the same by burning, bury- ing or in such a manner as shall not create a nuisance and as permitted by this Ordiix- ante, or by hauling or causing the same to be hauled to the garbage dump designated by l the City of Eugene. r Section 11,, Any person, firm or corporation may transport garbage produced t ~ by himself or itself upon the streets Qf the City of Eugene without procuring a license f 1 therefor, and without complying with the regulations imposed upon licensed haulers, provided that such garbage must be hauled in such manner as to prevent leakage or i ~ litter upon the streets, and must. be deposited or dumped upon the designated dumping i ground, or as permitted by this Ordinance; the manner and place of dumping shall be as t designated by the person or persons in charge of said dumping ground. If maintenance ~ ~- of the dumping grcund shall be in whole or 9.n part at the expense of persons dumping E thereon, any person dumping garbage pursuant to this section shall pay a dumping fee i 1 which shall be a fair share of the total expense paid by the persons in charge for 1 ? maintaining the dumping ground; provided no dumping fee shall be charged for single lots of 50 lbs or less. Disputes as to the fairness of fees shall be arbitrated as provided above. 1 Section 12. It shall be unlawful for any licensed garbage hauler or per- son transporting garbage produced by himself.or itself to transport garbage in the t j City of Eugene except in a covered, water tight and drip proof vehicle equipped with i - a metal box with welded seams, which equipment shall be thoroughly washed daily; ~ - - provided, however, that non liquids and innocuous substances and garbage may be j conveyed i.n suitable conveyances with provision against litter by coverings. Section 13. No person, firm or corporation shall operate a garbage wagon f ` or trucld within the business district area of the City of Eugene between the hours ~4~ ~ of 12 otclock noon and 6 o~clock P.P.+T, of each day, and the business district is hereby defined to be that portion of the city which shall include Charnelton, Olive, Will- amette, Oak and Pearl Streets, with connecting cross streets from the Southern __ Pacific Railway on the North to 13th Avenue on the South, except that the City 114anager is authorized to issue to any licensee licensed hereunder at any ,time permit and authority to operate within the business district as aforesaid at any time. Section 11.x. The powers and duties herein granted unto the City Manager I and the (~.rbage Board for the suspension or revocation of licenses issued hereunder shall not be exclusive and shall not preclude the filing of complaint or complaints ~ and subsequent prosecution theroon, by any person for any violation of any provision of this Ordinance, nor preclude the City from proceeding upon .the bond of the licensees provided for herein. Seotion 15. On or before January 1st of each year, all garbage haulers licensed pursuant~to this Ordinance, shall file in the office of the City Manager a statement covering the licensees business operations during the immediately preceding calendar year or portion thereof, said statements to be furnished upon forms prepared under the supervision of the City Manager to properly reflect the gross receipts and expenditures and financial condition of the licensee. It shall be unlawful for any licensee hereunder to fail to keep and preserve books of account and business records in accordance with sound accounting principles and practices. Section 16• Any person, firm or corporation violating any of the terms of this Ordinance shall, upon conviction thereof in the Municipal Court, or upon a ~ t plea of guilty before such Court, be subject to a fine not ezceeding X200.00 and I to imprisonment in the City Jail for one (1) day for each X2.00 of such fine remain- - I~ ing unpaid, or to imprisonment in the City Jail for a period not exceeding 100 days j l or to both such fine and imprisonment, and for the costs of prosecution. ~ I Section 17. All Ordinances and parts of Ordinances in conflict herewith and-particularly Ordinances Nos. 8752, 8738 and 8265, be and the same are hereby repealed and any other ordinances or parts. of ordinances in conflict herewith are amended according to the terms hereof, Section 18. Whereas unauthorized persons and unlicensed persons are _ ~~ hauling garbage upon the streets of the City of Eugene in unsuitable and leaky i vehicles in such a mariner as to constitute a nuisance and a menace to the health, safety and cleanliness of the City and its inhabitants, and it is necessary that ~ these matters be controlled immediately, it is hereby declared to be necessary to the immediate preservation of the health, peace and safety of the City of Eugene that this Ordinance shall take effect at once upon its passage by the Council and approval by the Mayor, and an emergency is hereby declared to exist. Approved by the Mayor this 11th day Passed by the Common Council this i of February, 19L~7 • 10th day of February ~ ~s/ Earl L P.4cNutt, I~iayor ~s~ John Fields City Recorder