HomeMy WebLinkAbout3562 Ordinance ORDINANCE NO. 3562
AN ORDINANCE of the City of Pasco, Washington, Amending
Title 6 of the Pasco Municipal Code, Entitled "Health and
Sanitation."
WHEREAS, significant changes have occurred since the enactment of
Title 6 of the Pasco Municipal Code entitled "Health and Sanitation" as well as
changes in individual sections which have resulted in inconsistencies, outdated
provisions and redundancies, and
WHEREAS, it is necessary to update this Title to eliminate such
inconsistencies and clarify the uniform application of these provisions; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 6.04.030 entitled "Supervision by City" shall be
and hereby is amended and shall read as follows:
6.04.030 SUPERVISION BY CITY. The City Manager is empowered and
authorized to appoint a suitable and qualified person(s), subject to budget
provisions, to supervise the collection, transportation and disposal of solid
waste and garbage, for the supervision of the sanitary land fill operation, the
arbitration of disputes between the contractor and the customer arising from
missed pickups, size and/or condition of container, frequency of pickups and
other complaints, and for the enforcement of the provisions of this chapter.
The person appointed as herein provided shall have the authority and power to
issue complaint citations for violations of the provisions of this chapter. All
disputes with respect to the handling of complaints submitted to the person
appointed herein not resolved by that person shall by submitted to the City
Manager for final resolution.
The Pursuant to Title 11 of this code, the City and/or the_Benton-Franklin
health district may order the removal of any solid waste or rubbish at any time
and from any locality where it is determined by said authorities that such
removal is necessary for the protection and preservation of public health,
sanitation and cleanliness. In all cases, the
autho= ordering the removal shall notify the contractor that such removal is
necessary. The contractor shall remove such solid waste and rubbish as
ordered by the district; further, the contractor shall charge the City and the
City in turn shall charge the occupant or the person who allows the deposit of
solid waste or rubbish to accumulate the greater of a sum equal to three times
the amount usually charged for such special service or the actual costs
associated with such removal. If the premises is unoccupied, as an alternate,
the City will then charge the owner of said premises
as set forth above. (Ord.
1881 Sec. 1, 1977; Ord. 1562 Sec. 1, 1972; Ord. 1537 Sec. 3, 1972.)
Section 2. That Section 6.04.050 entitled "Reporting" shall be and
hereby is repealed in its entirety.
6.04.050 REPORTING.
eelleetor he-shall Tepeft to the (n these e
(b) Premises th4 etr-e newly oeetipied whieh previously were idneeeupied.
of pieledps per- week &nd the number ef selid waste ea-ns or- eentainers per-
piek-up. (Ord. 1537 See. 5, 1972.)
Section 3. That Section 6.04.090 entitled "Can, Container - Required"
shall be and hereby is amended and shall read as follows:
6.04.090 CAN, CONTAINER - REQUIRED. W Every person in
possession, charge or control of any residence, multi-family residence, public
food establishment, or commercial establishment where solid waste, garbage or
swill is created or accumulated shall keep or cause to be kept sufficient and
satisfactory cans or containers for the deposit therein of all such solid waste
produced by such establishment. Cans or containers shall be of sufficient size
to fuliy contain all solid waste garbage or swill deposited therein, without
extending above the sides of the can or container. Such person shall deposit or
cause to be deposited in such cans or containers all solid waste produced by
such residence multi-family residence, public food establishment or
commercial establishment.
the same in the manner- provided by law: ef it fnay eleet to enfigr-ee the
qs ef this seet4efi, the per-sens designated by the e" manager- ef the
establish that , pubhe food.
Ordinance Amending PMC Title 6
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establish-ment ar eanimefeial establishment does net eemply -*44t this seeti
the eettft shall, together- -Mth the fine ii�iipesed, if any, en4cer &n order- -of
abateel of Y-emwed by the defendant vAth4n the time RwAt set by the
eeuA, and not exeeed thiizty days; and
abated by the e" at the eest of the defendant.
guilty E)f a misElemeanef and upen een,�4etien thereof shall be punished by--et
fine only of not more thmi five hundred del4ews. (Ord. 1968 Sec. 1, 1978; Ord.
1537 Sec. 6(c), 1972.)
Section 4. That Section 6.04.100 entitled "Can, Container -
Specifications" shall be and hereby is amended and shall read as follows:
6.04.100 CAN, CONTAINER - SPECIFICATIONS. W Solid waste cans
and containers shall be strong, watertight, water impermeable, not easily
corrodible, rodent proof and insect proof. Cans shall not be less than fifteen
nor more than thirty-two gallons capacity. Cans shall have two handles at the
sides thereof or other suitable handle. The City or solid waste collector, if any,
with the approval of the Benton-Franklin Health District may make special
arrangements with the owners or operators of public food establishments and
commercial establishments to permit the use of containers of greater capacity
than thirty-two gallons, which may be of nonstandard construction. All cans
and containers shall meet all State Department of Ecology requirements amd
stibseet4en (a) of this see�ien, the e" may preeeed by a suit in eqi:iRy in
seet4an, the per-sens designated by the e" manager of the eity to enfefee the
eit—af-i-ent and/or eefftpletin+ to the said alleged v4olatar-s ea=td Me the same in the
(e) Whenever-, in any aetion bfeugh-t in the mttn4eipal eaui4, it is
together- w4th the fine imposed, if any, en+er- ezn er-der- ef abatement ets paA e
the judgment in the eetse, whieh order- shall direet eith
abated or- Y-efn&ved by the defendant v4thin the time hmA set by the eetiA, and
Ordinance Amending PMC Title b
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abated by �he e" at the east ef the defendan+.
guilty ef Et inisdenteane-F and ttpen eem4etlen ther-eef shall be punished by--&
fine only ef net mere thast five hundfed . (Ord. 1968 Sec. 1, 1978; Ord.
1881 Sec. 3, 1977; Ord. 1537 Sec. 6(e), 1972.)
Section 5. That Section 6.04.110 entitled "Can, Container -
Maintenance" shall be and hereby is amended and shall read as follows:
6.04.110 CAN, CONTAINER - MAINTENANCE. {a4 Cans and containers
shall be kept in a sanitary condition inside and out. Lids shall be kept on cans
and containers except while solid waste is being deposited or removed.
Subsequent to any person depositing solid waste in or removing solid waste
from a can or container, he shall replace the lid on the can or container.
,
tagethei: with the fh-te inipesed, if any, enter an order- of abatement as pEfft e
(1) That any sueh -Aela-t4en of the prev4siens of this seetien shall
(2) That the vialat4en ef the p 9f this seet4en may be
abated by the e" fit- "Ifie eest, of the defendetnt.
guilty ef Ei misdemeanef and ttpen eenvietion, thereof sha4l be punished by--a
fine only ef not more than five hundr-ed della . (Ord. 1968 Sec. 3, 1978; Ord.
1537 Sec. 6(fl, 1972.)
Section 6. That Section 6.04.120 entitled "Accumulation of Solid Waste"
shall be and hereby is amended and shall read as follows:
6.04.120 ACCUMULATION OF SOLID WASTE. No person in possession
charge or control of any residence, multi-family residence, public food_
establishment, or commercial establishment shall permit unconfined solid
waste
and seSety to accumulate on any such property or on abutting curbs, gutters,
sidewalks or planting strips. (Ord. 1537 Sec. 6(g), 1972.)
Ordinance Amending PMC Title 6
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Section 7. That Section 6.04.130 entitled "Preparation of Garbage From
Residences" shall be and hereby is amended and shall read as follows:
6.04.130 PREPARATION OF GARBAGE SOLID WASTE FROM
RESIDENCES. All gauge solid waste created in any residence shall be
drained and securely bagged in such a
manner so as to nearly as possible prevent moisture from such garbage from
coming in contact with the side or bottom of the can or container or to prevent
such garbage from escaping from such can or container prior to collection.
(Ord. 1537 Sec. 6(h), 1972.)
Section 8. That Section 6.04.140 entitled "Bundling of Solid Waste and
Brush from Residences" shall be and hereby is amended and shall read as
follows:
6.04.140 BUNDLING OF SOLID WASTE AND BRUSH FROM
RESIDENCES. Boxes, cartons, shrubs, trees (less than six inches in diameter),
small tree limbs, strips of boards or lumber and other solid waste may be
broken or cut and tied into bundles that shall not exceed five feet in the longest
dimension and two feet in girth and not exceeding e*h sixty five (65) pounds.
Provided, however, where a residence or other establishment has been
furnished with a container to facilitate automated service all such materials
shall be placed in the automated container unless the capacity of the container
is insufficient to accept the material. Bundles of solid waste which do not fit
into the automated container shall be placed a distance of three (3) feet from
the automated container to allow for the collection of the automated container
by contractor's collection equipment._(Ord. 2562 Sec. 3, 1985; Ord. 1537 Sec.
6(i), 1972.)
Section 9. That Section 6.04.160 entitled "Weight Limitation" shall be
and hereby is amended and shall read as follows:
6.04.160 WEIGHT LIMITATION. No bundle, can or other container to be
set out for removal shall weigh more than eigh sixty-five (651 pounds when
filled unless the City or solid waste collector, if any, authorizes a greater
weight. (Ord. 1537 Sec. 6(k), 1972.)
Section 10. That Section 6.04.240 entitled "Special Collection and
Transportation" shall be and hereby is amended and shall read as follows:
6.04.240 SPECIAL COLLECTION AND TRANSPORTATION. The City
may designate two special cleanup weeks, one of which shall be in the spring of
the year and the other of which shall be in the fall of the year, during which
time the City and the solid waste collector, if any, may eelleet accept solid
waste at no additional cost to residences or
establishments. (Ord. 1881 Sec. 3, 1977; Ord. 1537 Sec. 7(c), 1972.)
Ordinance Amending PMC Title 5
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Section 11. That Section 6.04.260 entitled "Disposal Site - Generally"
shall be and hereby is amended and shall read as follows:
6.04.260 DISPOSAL SITE TRANSFER STATION - GENERALLY. The City
or a sanitafy M transfer station operator, if any, shall designate an appropriate
site as the place where solid waste shall be dumped in accordance with this
chapter. The City or the solid waste collector, if any, shall operate the site as a
sanitafy fill. in accordance with approved sanitary standards. Selid was
eellee�err, 49 selid waste ealleeter, if any, or not mere than solid wast'e-
fesident, may be deposited at the disposal site w4hout eharge. Othe
(Ord. 1537
Sec. 8(a), 1972.)
Section 12. That Section 6.04.270 entitled "Disposal Site - Scavenging
Prohibited" shall be and hereby is amended and shall read as follows:
6.04.270 TRANSFER STATION - SCAVENGING
PROHIBITED. It is unlawful for any person to scavenge or salvage solid waste
at any City or contractor-owned disposal s transfer station, except as herein
provided. ,
v4th the epefat4en of the site and shall be eepprrewd by the Benton Ffanklift
h....Rh a.,.+- et (Ord. 1537 Sec. 8(b), 1972.)
Section 13. That Section 6.04.280 entitled "Disposal Site - Hours" shall
be and hereby is amended and shall read as follows:
6.04.280 DISPOSAL SITE TRANSFER STATION - HOURS. The dispesal
site transfer station shall remain open, at a minimum, from eight a.m. to five
p.m. Monday through Saturdays except holidays. (Ord. 1537 Sec. 8(c), 1972.)
Section 14. That Section 6.04.285 entitled "Solid Waste Deposit" shall be
and hereby is repealed in its entirety.
6.04.285 SOLID WASTE DEPOSIT. The per-son r-espensible for- the
behalf of the user, Fidi4hef, if the Y-e"irred deposit has pr-eN4eusly been
Ordinance Amending PMC Title 6
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apply.shall be the gr-e&�er- of ten dellar-9 or Vvv4ee the menthly ehafges for- the C�Te and
ant4eipa-ted afnetint of serk4ee to be provided. Howevef, in the event the perse
Ma
sqel�-edulle as shawn in Seet4en 13.16.020 shall (Ord. 1792 Sec. 4, 1976;
Ord. 1616 Sec. 3, 1973; Ord. 1537 Sec. 18, 1972.)
Section 15. That Section 6.04.290 entitled "Solid Waste Fund" shall be
and hereby is repealed in its entirety.
6.04.290 SOLID WASTE FUND. There is erreated an established
all meneys ealleeted under- this ehap�er- sha4l be deposited and kept by t
,
r-eeited herein shall be (Ord. 1537 Sec. 9, 1972.)
Section 16. That Section 6.04.300 entitled "Schedule of Service
Charges" shall be and hereby is amended and shall read as follows:
6.04.300 SCHEDULE OF SERVICE CHARGES. (A) The person
responsible for water or sewer service to a place receiving solid waste disposal
service is responsible for all charges and costs resulting from such services.
The tenant in possession is also responsible for all charges and costs resulting
from such services if the bill is sent to that person. In the event no water and
sewer service is provided a location receiving solid waste disposal service, the
tenant in possession, if billed, and the person making application for the
service are responsible for all charges and costs resulting from such services.
In all events, the property and the property owner are responsible for all
charges and costs and the same may become a lien upon the property in the
manner provided by law.
B) The charges for solid waste disposal services are as set forth in the
collection contract between the contractor and the City and include the charges
to delinquent accounts as previded h4 Seet4en 6.04. . (Ord. 2562 Sec. 5,
1985; Ord. 2015 Sec. 1, 1978; Ord. 1881 Sec. 5, 1977; Ord. 1562 Sec. 2, 1972;
Ord. 1537 Sec. 10, 1972.)
Section 17. That Section 6.04.330 entitled "Penalties" shall be and
hereby is amended and shall read as follows:
6.04.330 PENALTIES. Any person found to be in violation of any
provision of this chapter shall be deemed to have committed a civil infraction
and for each infraction shall be subject to a civil penalty in the eamettnt 14st .d
as set forth in 11.02.050(5), plus court costs and statutory assessments.
B.T if E b fIt e ....... $160.90
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imposed.fine, penalty, east or- stattttary assessfnent (Ord. 2562 Sec. 6, 1985;
(Ord. 1968 Sec. 4, 1978; Ord. 1537 Sec. 13, 1972.)
Section 18. That a new Section 6.04.340 entitled "Enforcement" is
hereby created and shall read as follows:
6.04.340 ENFORCEMENT. (A) Whenever any residence, multi-family
residence, public food establishment or commercial establishment does not
comply with the regulations as set forth in this chapter, the City may elect to
enforce the provisions of this section by uniform citation and/or complaint filed
in the Municipal Court; or it may take administrative enforcement action
through the City's Code Enforcement Board, pursuant to Title 11 of this code.
For purposes of issuing citations to alleged violators of the provisions of this
section, the person(s) designated by the City Manager of the City to enforce the
provisions of this section shall have the specific authority to issue said uniform
citation and/or complaint to the said alleged violators and file the same in the
Municipal Court in accordance with its procedures.
B) Whenever, in any action brought in the Municipal Court, it is
established that the residence, multi-family residence, public food
establishment or commercial establishment does not comply with this section,
the Court shall, together with the fine imposed, if any, enter an order of
abatement as part of the judgment in the case, which order shall direct either:
(1) That any such violation of the provisions of this section shall
be abated or removed by the defendant within the time limit set by the
Court, and not exceed thirty days: and
(2) That the violation of the provisions of this section may be
abated by the City at the cost of the defendant.
C) Every person who violates any of the provisions of this section is
guilty of a misdemeanor and upon conviction thereof shall be punished by
imprisonment in the County Jail for a maximum term fixed by the Court of not
more than ninety days, or a fine of not more than one thousand ($1,000)
dollars or by both.
Section 19. That Chapter 6.08 entitled "Milk" shall be and hereby is
repealed in its entirety.
Section 20. That Chapter 6.12 entitled "Meats" shall be and hereby is
repealed in its entirety.
Section 21. That Chapter 6.16 entitled "Unwholesome Food" shall be and
hereby is repealed in its entirety.
Section 22. That Chapter 6.20 entitled "Contagious Diseases" shall be
and hereby is repealed in its entirety.
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s
Section 23. That Section 6.24.010 entitled "Detrimental to Health -
Abatement" shall be and hereby is amended and shall read as follows:
6.24.010 DETRIMENTAL TO HEALTH - ABATEMENT. It is unlawful for
any person to have or permit upon any premises owned, occupied or controlled
by them, any nuisances detrimental to health, or any accumulations of filth,
garbage, decaying animals or vegetable matter or any animal or human
excrement, and it shall be the duty of the health efft City Manager or his
designee to cause any such person to be notified to abolish, abate and remove
such nuisances, and in case such person shall fail, neglect or refuse to move
the same within three days after receiving notice, such nuisance may be
removed and abated and the person
whose duty it was to remove and abate such nuisance, in addition to incurring
penalties in this der code, shall become indebted to the City for the
damages, costs and charges incurred by the city by reason of the existence and
the removal of such nuisance. (Prior code Sec. 7-6.04.)
Section 24. This Ordinance shall take full force and effect five days after
its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and
approved as provided by law this 3" day of September, 2002.
Michael L. Garrison, Mayor
ATTEST: APP R S TO FORM:
ebs er U. ack on, ity Clerk Leland B. Kerr, City Attorney
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