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HomeMy WebLinkAboutOrdinances Book 12, Page 1002, No Ordinance Number1002 / AKENDED AN ORDINANCE PROVIDING FOR A REFUSE COLLECTION SERVICE FOR THE CITY OF PADUCAH; PRESCRIBING RULES AND REGULATIONS GOVERNING SANITATION AND THE COLLECTION AND DISPOSAL OF REFUSE; PRESCRIBING CHARGES FOR SAID REFUSE COLLECTION SERVICE AND THE METHOD OF FINANCING SAID SERVICE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Article I Short Title: This ordinance may be referred to as the Refuse Collection and Disposal Ordinance. Article II Definitions of Terms Section 1. Refuse Collection Service: "Refuse Collection Service" shall be understood to mean a general service provided to all households or business places in the City of Paducah and shall include the following: The calling at each househods or business place in the City by the City collection forces at the frequency specified in this ordinance; the collection and removal of a maximum of the equivalent of 96 gallons of refuse from each household or business place at a frequency provided herein, provided said refuse is set out for pickup in the manner prescribed by this ordinance; the making available and the maintenance of at least one sanitary land -fill dumping place in the City usable by the public at the time of which,use a nominal fee may be charged as provided herein; and the enforce- ment of City-wide sanitary regulations set forth in this ordinance. Section 2. Additional Refuse Collection Service: "Additional Refuse Collection Service" shall mean refuse collection Service which includes the collection and removal of refuse in excess of the equivalent of 96 gallons from each household and business place at a frequency provided herein if said refuse is set out for pickup in the manner prescribed by this ordinance. SECTION 3. Refuse: The term "Refuse" shall mean waste materials such as garbage, trash, ashes, rubbish and trimmings, which are the normal discard resulting from the routine maintenance of households and places of business and which are set out for collection in the manner prescribed by this ordinance; provided that the term refuse shall exclude the following items of waste: Sewage, liquids, stones, earth, building material wastes resulting from construction operations, wastes resulting from industrial processes or manufacturing operations, and objects whose size exceeds 45 inches in length and 30 inches in any other dimension. Section 4. Household: "Household" shall mean a family unit the menbers of which are related by blood or marriage who live together and who share the same cooking facilities. Section 5. Business Place: "Business Place" shall mean any establishment, firm, corporation or operation, other than a household, the normal maintenance of which gives rise to the production of refuse. SECTION 6. Premises: "Premise" shall mean land or buildings or both occupied or used by one or more households or one or more business places. Article III Refuse Collection Service Section 1. Inauguration and Frequency of Collection: Refuse Collection Service shall be provided to all households and business places in the City of Paducah at a frequency of once a week commencing the week beginning January 5, 1953, provided that the regulations set forth herein governing the types and use of containers and place of set out are adhered to. Section 2. Types of /Containers: Containers used for setting out refuse shall be made of metal, shall be waterproof, shall be affixed with a tight fitting metal waterproof lid and shall not be larger in capacity than 32 gallons when used to set out mixed refuse, or larger in capacity than 20 gallons when used to set out ashes, provided that other types of containers may be used for the type specified in Article IV of this ordinance. SECTION 3. Use of Containers: No refuse shall be eligible for collection unless it is set out in a container of the type above specified. SECTION 4. Place of Set Out: Containers containing refuse which is set out for collection shall be placed where they can be readily seen from outside a building and shall be located next to the alley running adjacent to the premises of a household, or, if no alley so exists, shall be placed at a reasonably accessible location next to the dwelling place of said household, or at some other reasonably accessible location designated by the City. Refuse collection forces shall not enter any building for the purpose of collecting refuse. Article IV Additional Refuse Collection Service SICTION 1. Establishment: Additional refuse collection service shall be provided to households and to business places at the time and in the manner stipulated in this article when this Section and Article are amended to so provide. 1003 J7 S A- 11.2- _ 11. 1004 C4_A a1� /�gZ Article V Financing SECTION 1. Refuse Collection Service: There is hereby levied a refmse collection service charge of eighty cents (80¢) per month on each household and each business place in the City of Paducah for the purpose of increasing the revenues of the General Fund out of which shall be met the costs of providing Refuse Collection Service. SECTION 2. Additional "efuse Collection Service: For additional refuse collection service there shall be established's schedule of charges the amounts in which shall be based roughly on the volume of refuse collected and the frequency of collection, said schedule to be in effect when this Section is amended to so provide. SECTION 3. Method of Billing: To the extent feasible, charges for Refuse Collection Service shall be billed monthly as a separate item on the water bill sent out monthly by the Paducah Water Works and said charge so billed shall be payable monthly at the offices of the Paducah Water Works in the same manner and within the same penalty -free period as required for payment of charges for water service, The water customer in"whose name the water meter account is carried shall be held responsible for payment of the full amount of the Refuse Collection Service charges billed, which total amount shall be based on the number of households and/or business places3 served by said water meter. bue to the daily, cycu.lar billing system used by the Paducah Water Works, charges for Refuse Collection Service may be billed at the beginning, during, or at the end of the monthly period in which Refuse Collection Service is rendered, and the first billing period corresponding w th the first perioS of service shall be January 5, 1953 through February 5,' 1953, and thereafter in monthly cycles. In instances when it is not feasible or possible to utilize the wqter bill in notifying households or business places of Refuse Collection Service chagges payable, bills shall be prepared at and dispatched from the City Hall, and shall be payable at the City Hall within ten days after date of rendering. Article YI Sanitary Regulations SECTION 1. Accumulation of Refuse: No person or business place shall permit to assumulate on his premises any refuse except in containers of the type specified in Section 2 Article III or in Article IV of this ordinance, and no odiferous, unsanitary, offensive or unsightly wastes other than refuse, as defined herein, shall be permitted to accumulate on said premnses. Non-compliance with the provisions of this Section shall constitute a public nuisance. 1005 SECTION 2. Disposal of_Refuse. No refuse shall be deposited or dumped at any location in the City of Paducah on private or public property unless the City Manager has publicly declared or privately certified in writing that such location is a suitable location for said deposit or dumping. Said declaration or certification may be withdrawn at any time when the City- County Sanitqrium determines that said location is unsuitable for such deposit or dumping. SECTION 3. Littering of Rights of Way• The occupant of premises, or, in the case of unoccupied premises, the owner, shall be responsible for maintaining in a clean and sanitary condition free of litter and trash the unpaved portion of rights of way abutting said premises, and it shall be unlawful for any person to place, depositor sweep any refuse or other wastes into the streets or rights of way of the City of Paducah. SECTION 4. Private Collectors': a. No refuse in the City of Paducah shall be collected, transported or disposed.of by any person, firm or corporation, other than the City of Paducah, on a commercial, contract or agreement basis, unless and until such agency has previously obtained a written permit to do so from the City and has paid a permit fee of five dollars ($5.00) monthly in advance to the City of Paducah. Such permits may be issued to cover periods not to exceed six (6) months and shall not be transferable, and the permit fee shall not be refundable. Applications for such Yermpts.shall be presented to the Board of Commissioners in writing and no permit shall be issued without approval of the .Board of Commissioners. Such permit may be revoked at any time when, in the opinion of said Board, the person granted such permit has failed to operate in a cleanly, sanitary and responsible manner. b. No wastes other than refuse, as defined herein, shall be collected, transported or disposed of in the City of Paducah except in a sanitary and sightly manner. c. No provision in this Section shall be construed to prevent or penalize any individual or business place from transporting or disposing of refuse produced by his household or business place provided that said refuse is transported in a sanitary manner and is disposed of at a location declared or certified by the City Manager as suitable, provided that disposal by such means shall not exempt said individual or business place from the obligation to pay the Refuse Collection Service Charge provided for under Article V hereof. 2_ -Li 1006 SECTION 5. Control of Scavengers: No person shall rifle, pilfer, dig into or in any manner disturb containers containing refuse which have been set out at households or business places prior to collection. ilArticle VII. Disposal Locations SECTIO N 1. Availability: The City of Paducah shall make available to the public and shall maintain in a sanitary manner one or more I sites for the deposit and dumping of refuse and other wastes, which site or sites shall be designated by the Board of Commissioners and shall be operated in a manner and open for use as prescribed by the City Manager. �I SECTION 2. Users and Fees: Permitted households or business places using City dumping sites shall be resident of or located in the City of Paducah. Households disposing of their own refuse at a City dumping place shall be charged a fee of twenty cents (20¢) for each dumping. Business places disposing of their own refuse shall be charged a dumping fee of fifty cents (50¢) per truck load. I� Private collectors who are collectingrefuse der it u permit shall not be permitted to use a City dumping place. Persons disposing of II waste other than refuse, as defined in this ordinance, may utilize a City -maintained dumping place for a charge of one dollar, it ($1.00) per load. SECTION 3. Ownership of Refuse and Waste: All refuse and other waste deposited in a City-pwned and maintained dumping place shall be the property of the City of Paducah. Article VIII Administration: It shall be the duty of the City Manager to i carry out and enforce the provisions of this ordinance. 1 Article IX Penalty: A violation of any provision or requirement of this Jif ordinance is hereby declared to be a misdemeanor, and any person, II 1 firm or corporation upon conviction of any such violation shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or shall be imprisoned not less than i� five (5) days nor more than thirty (30) days, or shall be both II so fined and imprisoned, and each day that a violation continues ,I shall be deemed a separate offense. IJ Article X Severability: The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held to be unconstitutional or invalid, such decision shall not affect or impair the remainder of the ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence or part thereof, separately and independently of each other. Article XI All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Article XII Effective date: The terms and provisions of this ordinance shall becpme effective on January 5, 1953, provided that, until Article IV above is amended and Additiona. Refuse Collection Service has been established, the provisions of sub -section 4a of Article VI shall not take effect. +fa,yor Adopted by the Board of Commissioners December 16, 1952 Recorded by Sarah Thurman, City Clerk, December 16, 1952. 1007 //Z7—