HomeMy WebLinkAbout92-10-4856i
ORDINANCE NO. 92-10-�
pZ, 704
f92. wro-
J,k* q3 --t - 4993
i
AN ORDINANCE ABOLISHING CHAPTER 27, REFUSE, AND CREATING
CHAPTER 27, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
The following sections of Chapter 27, Solid Waste, of the
Code of Ordinances of the City of Paducah, Kentucky, are hereby
created and ordained to read as follows:
SECTION 1. PURPOSES AND OBJECTIVES.
1.1 The purpose.of this article is to provide for the
health and general welfare of the citizens of the City by
establishing an orderly and efficient method for the collection of
solid waste.
SECTION 2. DEFINITIONS.
As used in this ordinance, the following terms shall be
defined as follows:
2.1 BACK DOOR PICKUP: Requested by residence to have a
point of pickup other than what is assigned.
2.2 BULK WASTE: Any items commonly handled in bulk form
including but not limited to: any discarded appliance; such as hot
water heaters, stoves, air conditioners and refrigerators; any
discarded furniture such as couches, chairs and mattresses; trees
or tree limbs in excess of forty-eight (48) inches in length and
greater than three (3) inches in diameter, or tree stumps.
2.3 BUSINESS: Applies to any establishment or firm
wherein,an occupational license is required by the City, except as
otherwise provided herein.
2.4 COMMERCIAL WASTE: Any waste generated by a business
establishment. EXCLUDING SUCH WASTE AS DESIGNATED IN 6.5.
2.5 COMMERCIAL WASTE CONTAINER: Dumpsters of various
sizes; 2,4,6, and 8 cubic yard capacity. Dumpsters to remain the
property of the City.
2.6 DEPARTMENT: The Public Works Department of the City.
2.7 DEPARTMENT IN CHARGE: The Public Works Department
will be charged with carrying out the duties of the provisions of
this ordinance.
2.8 DIVISION: The Solid Waste Division of the Public
Works Department.
2.9 GREEN WASTE: All accumulations of grass, shrubbery
or weed cuttings, pine needles, and other waste incidental to the
care of lawns, or shrubbery, vines and gardens. The term "Green
Waste" shall not be taken to include trees or tree limbs in excess
of 48 (forty-eight) inches in length and greater than three (3)
inches in diameter, tree stumps, used or broken appliances,
furniture, bedding, building materials, lumber or other material of
like nature. (See 2.2 Bulk waste)
705
2. 10 MULTIPLE. DWELLING: A structure or structures having
more than one single family unit, and shall include apartment
buildings, motels and hotels.
2.11 PREMISES: The word "premises" shall mean land or
buildings, or both, occupied or used by one or more households or
one or more business places.
2.12 RESIDENCE: A single family residential unit.
2.13 RESIDENTIAL WASTE: Every accumulation of animal,`,
fruit or vegetable matter that attends the preparation, use,
cooking, and dealing in, or storage of, meats, fish, fowl, fruits
or vegetables. This also includes any other matter of any nature
whatsoever which is subject to decay and the generation of noxious
or offensive gases or odors, on which during or after may serve as
breeding or feeding material for flies or other germ carrying
insects; and any waste accumulations of paper, wooden or paper
boxes, tin cans, bottles or other containers, sweepings, and all
other accumulations of a nature usual to housekeeping.
2.14 RESIDENTIAL WASTE CONTAINER: Green Mobile cart
(capacity 96 gallons). Container to remain the property of the
City.
2.15 RESIDENTIAL WASTE CONTAINER (SPECIAL PICKUP): Blue
Mobile cart (capacity 96 gallons). Container to remain the
property of the City.
2.16 SPECIAL PICKUP: When no individual in the household
is physically or mentally capable of maneuvering the waste
container to the designated point of pickup.
2.17 TRAILER PARK, MOBILE HOME PARK: Any business
enterprise maintaining premises for the rent of mobile homes or
house trailers and/or mobile home or house trailer sites.
SECTION 3. PREPARATION OF WASTE.
3.1 RESIDENTIAL WASTE: All residential waste must be
contained within the confines of the residential waste container.
The container shall be kept tightly covered at all times except
when it becomes necessary to lift covers for the purpose of
depositing waste container or for the purpose of emptying such
waste container in a solid waste truck. No medical, hazardous and
or toxic waste or liquids will be deposited into a residential
waste container (section 6.5).
3.2 COMMERCIAL WASTE: All commercial waste must be
contained within the confines of the appropriate commercial waste
container. No medical, hazardous and or toxic waste or liquids
will be deposited into a commercial waste container (section 6.5).
3.3 GREEN WASTE: All green waste which is absorbent,
such as grass and leaves, shall be contained in bags (not to
exceed fifty ((50)) pounds) and kept separate from residential
M
waste. All trimmings, such as hedge or tree limbs (not greater
than three (3) inches in diameter), vines and shrubbery shall be
bundled in bundles not greater than forty-eight (48) inch lengths
and not to exceed fifty (50) pounds in weight. All bags and
bundles shall be placed at the household's designated point of
pickup.
3.4 Bulk waste: Bulk waste shall be picked up at the
Cdesignated point of pickup. All items shall be prepared for
disposal in accordance with all local, state, and federal laws.
SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.
4.1 The City Manager or his / her designee, shall have
the authority to make and modify, as necessary, the days of
collection, location of containers, and such other matters
pertaining to the collection, transportation and disposal of waste.
SECTION 5. LOCATION AND COLLECTION OF WASTE CONTAINERS.
5.1 City Solid Waste collectors shall not enter houses
or buildings for the collection of solid waste nor shall they
accept any money or gifts for their services.
5.2 Solid waste shall not be stored in close proximity to
other effects which are not desired to be collected, but shall be
reasonably separated in order that the collectors can clearly
distinguish between what is to be collected and what is not.
5.3 RESIDENTIAL:
5.3.1 The City shall collect residential waste ONCE A
WEEK in accordance with a schedule prepared by the City Manager or
his / her designee.
5.3.2 It shall be the responsibility of each occupant,
on the scheduled day of collection, to place their residential
waste container waste container(s) at the designated point of
collection (curbside, street side or in accessible alley) not later
than 5:30 a.m. the day of scheduled pickup, unless otherwise
authorized by the City Manager or his / her designee. The container
shall be placed in such a manner as not to interfere with overhead
power lines or tree branches, parked cars, vehicular traffic, or in
any other way that would constitute a public hazard or nuisance.
5.3.3 Waste containers may be placed at the point of
pickup the evening before the scheduled pickup service. Waste
containers shall be removed from the point of pickup no later than
11:00 p.m. of the day of the scheduled pickup.
5.3.4 Waste containers, when not out for collection on
scheduled pickup day, will be kept away from the front of any
building or premises. No waste container shall be maintained upon
or adjacent to any street, sidewalk, or front yard.
5.3.5 If accumulation of residential waste regularly
exceeds the capacity of the ninety-six (96) gallon container, the
707
City Manager or his / her designee may assign the resident an
additional ninety-six (96) gallon container, at such fees or
charges as the City Commission may establish from time to time by
Municipal Order.
5.3.6 The City may provide pickup at other than the
designated location, at such fees or charges as the City Commission
may establish from time to time by Municipal Order. The location
of the pickup will be approved by the City Manager or his / her J
designee.
5.3.7 The City Manager or his / her designee shall have
sole discretion in verifying the need for a "special pickup" (blue
residential waste container) and the determination of the point of
pickup for said special pickup.
5.3.8 The City shall collect "green waste" once a week in
accordance with a schedule prepared by the City Manager or his /
her designee. Said "green waste" will be collected on the same day
as residential waste. Collection will be at the household's
designated point of pickup.
5.3.9 Reserved
5.3.10 No provision of this ordinance shall be construed
to prevent any person from transporting or disposing of solid waste
produced by the household. Disposal by such means shall not exempt
such person from the obligation to pay the solid waste collection
service charges.
5.4 Container Damage or Loss: Residential waste �` J
container(s) and commercial waste container(s) shall both remain
the property of the City at the premise where delivered. The
Premise's owner(s) or occupant(s) and / or commercial establishment
shall maintain their assigned waste container(s) and the
surrounding area in a clean, neat, sanitary condition. Residential
and commercial waste container(s) shall be cleaned and disinfected
on a regular basis by the premises's owner(s) or occupant(s) or
business utilizing the waste container. Container(s) which are
damaged, destroyed, or stolen through neglect, improper use or
abuse by the occupant -users, shall be replaced by the City at the
expense of the occupants or the owner of the residence.
Container(s) which are damaged in the course of normal and
reasonable usage or which are damaged, destroyed, or stolen through
no abuse, neglect, or improper use of the occupant (s) or
residence owner shall be repaired or replaced at the sole
discretion of the City, no charge to the occupant -users or,
residence owners. The containers shall not be damaged, destroyed,
defaced or removed from the premises by any person. Markings and
identification devices on the containers, except as placed or
specifically permitted by the City, are expressly prohibited and
shall be regarded as damage to the containers.
5.5 Bulk waste: The City will provide pickup of bulk
waste upon citizen request, from the household's designated point
708
of pick-up. This is a separate service and will be provided at
such fees or charges as the City Commission may establish from time
to time by Municipal Order. Pickup will be within five (5) working
days, or as soon thereafter as possible.
5.5.1 The owner of any vacant lot may make arrangements
with the City for pickup of bulk waste. The location of the pickup
shall be determined by the City Manager or his / her designee.
Pickup will be provided at such fees or charges as the City
Commission may establish from time to time by Municipal Order.
Pickup will be provided within five (5) working days of the
request, or as soon thereafter as possible.
5.6 COMMERCIAL: Collection of commercial service shall
be made at least weekly, and more frequently if deemed necessary by
the City Manager or his / her designee to prevent unsanitary or
unsightly accumulation of solid waste. The City Manager or his /
her designee shall establish routes of varying frequency for
collection and assign each commercial or industrial establishment
to the route and frequency which is most adapted to its collection
needs.
5.6.1 All commercial establishments / businesses shall
utilize a commercial waste container (dumpster) unless otherwise
authorized by the City Manager or his / her designee.
5.6.2 Commercial waste containers must be clear of all
obstructions and obstacles at all times to allow for the proper
service and inspection.
5.6.3 New Commercial waste accounts, as of January 1,
1993, shall be required to place the container on approved service
pads to be constructed of six (6) inch thick concrete reinforced
with steel and of a size of no less than ten by ten feet square.
5.6.4 Commercial accounts may request an additional
unscheduled pickup. This will be service will be provided at such
fees or charges as the City Commission may establish from time to
time by Municipal Order.
5.6.5 Reserved
5.7 SEASONAL COLLECTION SERVICE: The schedule for
collection of bagged leaves shall be establish by the City Manager
or his / her designee based on weather conditions caused by either
an early or late fall. This service will performed in conjunction
with the weekly pickup of green waste.
SECTION 6. DISPOSAL/UNLAWFUL ACCUMULATIONS OF SOLID
WASTE.
6.1 The disposal of solid waste in any quantity by an
individual, householder, establishment, firm or corporation in any
place, public or private, other than at the site or sites
designated and / or with properly approved permits is expressly
709
prohibited. Such disposal methods shall include
the maximum
practical protection for control of rodents, insects, and nuisances
at the place of disposal. person shall permit to
6.2 UNLAWFUL ACCUMULATIONS: No
accumulate on his / her premises any solid waste except in
containers of the type specified in this chapter, and no odiferous,
unsanitary, offensive or unsightly wastes other that solid waste
shall be permitted to accumulate on such premises. Noncompliance
with the provisions of this section shall constitute a public
nuisance.
6.2.1 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 all solid
waste, the sidewalks, ditches, curbs / gutters and unpaved /
undeveloped portion of rights-of-way abutting such premises.
6.3 At no time shall any person rifle, pilfer, dig into
or in any manner disturb containers containing solid waste.
6.4 CONTRACTORS / PUBLIC UTILITIES / BUILDERS _/TREE
TRIMMERS / LANDSCAPERS must remove all trash and debris from the
premises upon which they are working at their own expense. This
shall include but not be limited to limbs, tree trunks, roots,
concrete slabs, concrete blocks, bricks and all other materials
used by contractors in the course of building, construction and or
alterations.
6.5 The following substances are hereby prohibited and
shall not be deposited in any City owned solid waste container,
either residential or commercial:
(a) Flammable liquids, solids or gases, such as gasoline,
benzine, alcohol or other similar substances.
(b) Any material that could be hazardous or injurious to
City employees or which could cause damage to City equipment.
(c) Building material / debris.
(d) Hot materials such as ashes, cinders, etc.
(e) Human or animal feces shall be prohibited being
placed in any solid waste container unless placed and secured in a
plastic bag.
(f) Carcasses of dead animals.
6.6 All industrial, hazardous, toxic, medical, and
infectious waste, to include but not be limited to hypodermic
syringes, shall be disposed of by the industry, manufacturer, or
processing plant generating such waste under such methods and
conditions as shall be approved by any applicable State or Federal
guidelines.
6.7 It shall be unlawful for any person, firm, or other
identity regardless of form, to dump waste in any form into any
stream, ditch, storm sewer, sanitary sewer, or other drain.
6.8 Reserved
710
SECTION 7. OPEN BURNING PROHIBITED.
7.1 It shall be unlawful for any person," firm or other
identity regardless of form to burn or attempt to burn solid waste
on private or public property within the City limits.
SECTION 8. Violations.
8.1 It shall be the duty of the City Manager or his /
her designee to carry out and enforce the provisions of this
1 ordinance.
8.2 Any person or identity found guilty of violating any
provision of this ordinance shall be imprisoned or fined, or both,
for such term and or amount as is permitted by the Kentucky Penal
Code (KRS Chapters 500 to 534).
SECTION 9. SERVICE CHARGES AND RATES AS Establish BY
CITY COMMISSION.
9.1 RESIDENTIAL ACCOUNT BILLING: To the extent
feasible, charges for solid waste collection service rendered by
the City shall be billed monthly as a separate item on the water
bill sent out monthly by the Paducah Water Works and such charges
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.
9.1.1 Due to the daily cyclical billing system used by
the Paducah Waterworks, charges for solid waste collection service
may be billed at the beginning, during, or at the end of the
monthly period in which solid waste collection service is rendered.
9.1.2 The water customer in whose name the water meter
account is carried shall be held responsible for payment of the
full amount of the solid waste collection service charges billed,
which total amount shall be based on the number of households
and/or business places served by such water meter, unless the
multiple dwelling, mobile home trailer park utilize a commercial
waste container. In which case the charges will be establish
according to the commercial account rates.
9.1.3 Any premise determined to be a generator of solid
waste, but not have a water meter, will be billed through the
Commercial account billing system.
9.1.4 When any bill for water service and solid waste
collection service charges remains unpaid and becomes delinquent
and the water service to the delinquent premises has been
discontinued, such water service shall not be restored or
reinstated until the entire charge for both water service and solid
y waste collection service is paid in full, including any penalty for
non-payment of water service.
9.2 COMMERCIAL ACCOUNT BILLING: The fees authorized
herein shall be collected by the City Finance Department by
affixing the amount of same to monthly statements. Said fees shall
n --
_L11L_ ___ 111. +f_ . L.
711
be determined by the size of the commercial waste container and the
frequency of pickup. There shall be a fee or charge for initiation
and/or reactivation of a commercial account.
9.3 Service(s) will be provided at such fees or charges
as the City Commission may establish from time to time by Municipal
Order.
9.3.1 The charges and fees authorized by this section are
due and payable for the services of solid waste collection and
disposal and its availability to the user, whether such service is
used or not, except as expressly provided otherwise herein. A
delinquency charge of ten (10) per cent of the total amount due for
solid waste service shall be charged against the customer by the
City if the customer shall fail to pay the charges due for solid
waste within sixty (60) days of the billed date of said service.
Should there be a failure by the customer receiving solid waste
service to pay their bill in full for said service not later than
thirty (90) days from the billing date for said service, the City
shall terminate solid waste collection services, until such time as
all delinquent charges are paid in full.
SECTION 10. BULK ITEM ACCOUNT BILLING.
10.1 There shall be a special charge for the collection
of bulk waste. Said fee or charge shall be such as the City
Commission may establish from time to time by Municipal Order.
10.1.1 All bulk waste charges will be billed through the
Commercial account billing system.
SECTION 11. PRIVATE COLLECTORS.
11.1 No solid waste in the City shall be collected,
transported or disposed of by any person on a commercial, contract
or agreement basis unless and until such person has obtained a
written permit to do so from the City.
11.2 ISSUANCE OF PERMITS: Permits for collection,
transportation or disposal of solid waste on a commercial, contract
or agreement basis may be issued for the following businesses and
persons:
11.2.1 ROLL -OFF CONTAINER SERVICE. A "roll -off
container service" is defined as a service which picks up the
container to be emptied at the premises of the customer, deposits
an empty container and takes the container to be emptied to the
landfill or transfer station. Permits for this type of service may
issued to any qualified applicant for any location within the City
limits.
11.2.2 COMMERCIAL ACCOUNTS: A permit for all volume
services at commercial accounts (except for roll -off service as
defined above) may be obtained if the Board of Commissioners
determine to allow private contractors to provide commercial waste
collection in whole or part.
712
11.2.3 RESIDENTIAL ACCOUNTS: Residential solid waste
collection service will be solely executed by the City of Paducah,
Public Works Department, Solid Waste Division. The Board of
Commissioners may determine to permit private contractors to
provide residential solid waste collection in whole or in part.
11.3 APPLICATION: Application for a solid waste
collection permit required.by the City shall be presented to the
�) City Manager or his / her designee in writing and shall specify,
among other things, from what place(s) the applicant desires to
collect solid waste.
11.4 FEE -PRIVATE COLLECTOR'.;S PERMIT: No permit required
by the City shall be issued until the applicant has paid a fee.
Said fee or charge to be in the amount as the City Commission may
establish from time to time by Municipal Order. No such fee shall
be refundable.
11.5 TERM: A permit required by this section may be
issued to cover periods not to exceed one (1) year.
11.6 NOT TRANSFERABLE: No solid waste collection permit
shall be transferable.
11.7 RENEWAL: Renewal permits to cover periods not
exceeding one (1) year may be granted to holders of permits under
this Ordinance by the City Manager, but any such renewal permit may
be revoked at any time by the Board of Commissioners. No such
�r renewal permit shall be granted unless the fee prescribed has been
paid.
11.8 REVOCATION: A permit issued under this ordinance
may be revoked by the City Commission.
SECTION 12. This ordinance shall be read on two separate
days and will become effective upon summary publication pursuant to
KRS Chapter 424.
ATTEST:
Citty Clerk
Introduced by the Board of Commissioners October 13, 1992
Adopted by the Board of Commissioners October ,=27 , 1992
Recorded by Lenita Smith, City Clerk, October a;r , 1992
Published by The Paducah Sun
\wp51\sword