HomeMy WebLinkAbout1138 OrdinanceORDINANCE NO.
AN ORDINANCE RELATING TO THE.PUBLIC HEALTH AND •SANITATION*,
PROVIDING FOR AND REGULATING THE COLLECTION;, REMOVAL,; AND
DISPOSAL OF GARBAGE; AUTHORIZING AND DIRECTING THE MAYOR
AND •CITY CLERK OF THE CITY OF PASCO... WASHINGTON,, TO ISSUE
AN EXCLUSIVE LICENSE TO JOHN DIETRICH d/b/a PASCO GARBAGE
SERVICE FOR SUCH PURPOSES; REPEALING.ORDINANCE'NO. 999 AND
ALL ORDINANCES OR PARTS OF' ORDINANCES IN CO,NFLICT HEREWITH;
AND PROVIDING PENALTIES, FOR THE VIOLATION HEREOF
THE CITY COUNCIL OFTHE CITY OF PASCO DO ORDAIN AS FOLLOWS:,
SECTION 1
(a) GARBAGE: The term garbage shall be and is hereby defined
as follows: Garbage shall be held to mean and include all accumula-
tion of.household waste.matter which has.been discarded as of no
further value to the owner thereof, including.ashes, cinders, trade
waste, lawn cuttings,,, grass,, rags, bottles, papers., broken house-
hold furniture,.small dead animals,, boxes, barrels.;shrubs, small
trees, small limbs of trees,, scraps of boards or lumber, hollow
material or ware, rubbish in general,, and every accumulation of
animals fruits or vegetable matter that attends the preparation,,
use, cooking, storages, or handling of meat.,, fish, fowl, fruits or
vegetables; but shall exclude e,arthp sand, gravel:,• building
materials,, building waste.. trade waste occasioned by goods condemned
in case lots or greater quantities, manure,,night soil,, sewage, large
dead animals., automobile bodieso large trees,, slaughter house wastes•
cleanings from public and private catch basins;, fire refuse and
extraordinary waste not resulting from natural waste or ordinary
daily living; and also shall include swill,.
(B) HEALTH OFFICER: The term health officer shall mean the
local health authority of the City of Pasco or his -duly authorized
agent or representative.
(C) PERSON: The term person shall mean any person., firm,
corporation or organization of persons.
SECTION 2.
It' shall be unlawful for any person to deposit, throw, place
within the City of Pasco or to burn.within the City of Pasco (except
weeds,, trees,, and grass may be burned in residential districts) any
garbage in any lane, -alley,, street or other public.place within the
City of Paseo; or to dispose of garbage,on private property by
incineration; or to�Cleposit,, throw or place any garbage upon any
private property., regardless of ownership,r,'.unless said garbage shall
be placed in a metal water tight container,: not exceeding 30 gallons
capacity fitted with a tight cover.which Shall not be removed except
when necessary.for the depositing or removal•of garbage; provided,
however.. that boxes, barrels,, shrubs'. small trees,, limbs of trees,.
scraps of boards or lumber., --all hollow material or ware and rubbish
in general may be,broken, cut up and placed in.bundles securely
tied, or in boxesm cartons, orcther receptacles reasonably easy to
be handled and loaded by one person onto a collection vehicle. All
cans,, bundles or other garbage receptacles, as above specifieda shall
on the scheduled garbage collection day, be placed at the.rear lot
line where alleysare adjacent theretos or,'where no alley :is
adjacent to the rear property line,, shall be placed at the front.
property line, It shall be unlawful,, however, for any can, bundle
or refuse or garbage receptacle to be placed on any sidewalk, or.
street. If necessary., in the opinion of the -Health Officer,: garbage
cans shall be so secured as to render the said garbage cans inaccess-
ible to all marauding animals. This shall be required only upon
the written instruction of the Health Officer.
(_-FC"TTTnM A _
All domestic garbage before being deposited in a garbage can as
hereinbefore, provided shall be drained and wrapped in paper or other
material in such a manner as'to prevent, as nearly as possibles.
moisture from such garbage coming in contact with the sides or
bottom of the metal container.
SECTION 4
It shall be unlawful for any person, or any.agent or employee
thereof, other than the authorized officers,, agents and employees of the
licensee to haul,, carry., or -convey through,, along or upon any public
street, alley or sidewalk within the City,_any garbage as defined
in paragraph one of this Ordinance,, except,if the same be other-
wise ,provided for -in this Ordinance. No, person, except for purposes
of collection, under property authority shall in any manner interfere
with any garbage or.refuse container or contents thereof.. nor any
bundle of refuse
SECTION 5. /�!. ` O
130dO
The Mayor and theCity`Clerk of the City of Pasco are hereby
authorized and directed to execute in the name of the City of Pasco
the folloking exclusive license for the period ending with the first
Tuesday in April, '196c6,, 'and upon the terms and conditions thereof,-
that
hereof;
that before the license shall take effect., thelicensee shall file
with the City Clerk and keep in full force and effect during the
term of said license a bond approved as to form by the City Attorney
and as to surety by the Mayor and .the Councilmen of the City of
Pasco., in the penal sum of $5,,000.00 with the licensee as principal;
conditioned that he will faithfully perform the _license and pay all
laborers, mechanics and materialmen and all persons who.shall supply
said.licensee.with provisions® equipment and supplies for the carry-
ing on of the work$, the Licensee shall indemnify and hold'harmless
the City'of Pasco from any and all liability whatsoever from injury
to or death of persons,, or loss of or damage to property,; caused
by or arising out of activities or non feasance in connection with
the performance of this license.; whether such activities be those
of the Licensee or any of his officers, employees,, or agents of the
Licensee or any of his contractors. The Licensee will also appear
and defend any action or suit instituted against the City of Pasco
'arising in any manner out of said license. The Licensee shall main-
tain'insurance in at least the following amounts: Public.Liability
for Bodily Injury $100,000/$300,,000; Public Liability for Property
Damage., $50.000; Automobile Public Liability for Bodily Injury
$100,000/$300.,000; and Automobile Public Liability for Property
Damage,, $50,,,000; for the purposes of providing protection•as set
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forth above. Certificates of such insurance shall be filed with the
City of Pasco. and the City of Pasco shall be given ten days advance
notice by mail of changes in or cancellation of any such insurance.
The license to be executed is in words... letters, and figures,, as
follows:
LICENSE
WHEREAS.I, it has become necessary for the City of Pasco, Wash-
ington,, to arrange for the disposal of garbage collected within
said City, and
WHEREAS.,, it is necessary that provisions be made for the care,
maintenance and operation of the garbage disposal at the.garbage
dump of the City of Pasco,,, at which there shall be maintained a
sanitary fill.a.pproved by -the City Council, and
WHEREAS, JOHN DIETRICH,,; doing business as Pasco Garbage Service
has, at his own expense -obtained,,,, constructed and maintained a
garbage dump avaiiable for the City of Pasco,, and has secured the
necessaryppersonnel and equipment for the proper operation of a
garbage disposal system within the City of Pasco for a period
from the date hereof .to the tirst Tuesday in April., 19`6'6,, upon the
terms and conditions hereinafter set forth.,except persons residing
in said City may haul for disposal, in their own vehicles., ashes,
garbage and other inflammable material, including brush and small
trees from premises owned or occupied by themselves as a.single family
residence.
The City of Pasco,, Washington does hereby grant to JOHN DIETRICH,
doing business'as Pasco Garbage Service,, hereinafter called the Licensee,
a license and exclusive right to collect garbage in the City of Pasco
for that period of time commencing on the date of this license and
terminating upon the first Tuesday of. April,, 1'96:6` upon .the
following further terms and conditions:
(1) The term "garbage"' whenever used in this Ordinance shall be
construed according to the.definition hereinbefore set torth and that
the provisions of this Ordinance'relati-ng'to such definition shall
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remain in full force and effect during the entire term of this
License.
(2) Licensee hereby agrees to maintain and operate a garbage
dump site of not less than one hundred (100) acres, at his own
expense, together with maintaining reasonable access roadways toit,
and further furnishing all labor and equipment necessary therefor.
As reasonably necessary equipment for the maintenance of the dump-
site it is understood that the Licensee must have and maintain a
front end loader tractor equivalent to a 977 Traxcavator which
shall have not less than 16 tons of compaction; further,, that he must
,maintain a dragliie reasonably adequate for the purpose of digging
and filling the sanitary fill trenches to be maintained at the dump-
site; a man will be maintained on duty at such dumpsite at all hours
that the dump is open to the public; which shall be from 8:00 a.m. to
5:00 p.m. Mondays through Saturdays; such dumpsite being closed
on all holidays observed by City Employees.
(3) That as reasonably adequate pickup equipment the Licensee
must maintain not less than a minimum of four (4) closed -type trucks
with a rear load packer, having a minimum loading cycle of 15 seconds;
that such trucks will be radio -equipped for faster service and cover-
age of the City; will be manned by not less than two men when the
same are in service; and further will maintain a minimum of -twelve
(12) trash receptacles in the downtown portion of the City of Pasco;
providing the necessary pickup service to such receptacles.
(4) Employees in collecting garbage will be required to follow
the regular walks for pedestrians while on private property. No
trespassing by employees will be permitted, nor crossing property to
neighbors premises.` nor meddling with property which does not concern
them.
Extra care must be taken in loading and transporting so that
none of the material collected is left either on private property or
on the streets or alleys.
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Collections of garbage shall be made as follows: Daily
except Sunday unless deemed necessary by theHealth Department.
Provisions must be made by the Licensee to take care of
emergency complaints when garbage has not been collected upon the
regular scheduled trip, and to take care of all other special or
emergency calls.
Collections must be made as quietly as possible,:. especially
in the early morning hours. ,
(5) The Licensee shall furnish vehicles especially designed
for the collection and hauling of garbage and waste products. The
Licensee must keep the vehicles furnished clean, sanitaryt neatly
painted and in good running order. At intervals deemed necessary
by the Health Officer,, the Licensee shall steam clean and disinfect all
such vehicles entirely at the Licensee's cost and expense. Said
equipment shall be subject to inspection by the City at all reason-
able times.
Vehicles shall•be painted a uniform color and numbered
consecutively from one upward and shall have the licensee's name,
and the number of the vehicle painted in letters of a contrasting
color at least four (4) inches high on each side of the vehicle
and the number pained on the rear end. No advertising will be per-
mitted other than the name of the Licensee.
(6) All employees operating vehicles or collecting garbage
shall at all times be courteous and shall not use loud or profane
language, nor be loud or boisterous.
(7) All salvage or junk of any kind or nature encountered in
the garbage being collected shall become the property of the Licensee.
(8) The Licensee will be required to maintain during regular
Pasco Business hours an office provided with telephone and such
attendants as may be necessary to take care of all complaints or
orders for special service.
(0) Collection.* removal,, and disposal of garbage from the
fire station, police stations city library,watershop and city owned
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buildings used strictly for governmental purposes, and city parks
within the City Limits,, will be collected free,provided the same is
placed in cans conveniently located for collection.
(10) All garbage and refuse collected by the City from any of
its streets or Other public places not included in the provisions of
Paragraph 9 above., shall be delivered by the City to the city dump and
will be there processed by the Licensee without expense to the City.
(11) All garbage capable of being burned shall be burned at the
City dump with reasonable•promptness after collection thereof. Any
garbage diverted for feed shall be'handled in a sanitary manner.
(12) That the dumpsite to be maintained by the Licensee herein
at his own expense shall be of a sanitary fill type,, providing that
the privilege of burning r"efuse.,. prior to backfilling, is accorded to
the Licensee.
(13) The rates to be charged by the Licensee and paid by persons
served in the collection of garbage shall be as follows: For the weekly
collecting,, removing and disposing of garbage there.shall be a monthly
charge of One and 50/100ths ($1.50) Dollars for each 30 -gallon can of
garbage and Fifty Cents ($0.50) per month charge for each additional can.
In addition thereto,, the Licensee will be entitled to a Fifty Cents
($0.50) charge for carry -out service where the patron using the garbage
service does not keep or maintain their garbage can or receptacle adjacent
to the street 'or alley over which the service is provided and where the
same must be carried from within the yard to the vehicle collecting the
same. This charge to be based on a weekly collection and to be increased
in direct proportion to the number of collections per week and it shall
be unlawful for any person to deposit garbage in any but his own garbage
receptacle. The foregoing rates are for residential service onlyt and
the Licensee shall be permitted to establish a reasonable schedule of
charges for commercial accounts based upon the type and quantity of
service desired subject to the approval of the City Council.
The Licensee shall be entitled to make a reasonable charge for
the use of the dumpsite by persons that are not subscribers to the ser-
vice provided by him. Charges for use of the dumpsite by such non -
subscribers will be as follows:
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Can or car
Station wagon
Pickup or trailer
With sideboards
Car body
Animals, large
Animals,,. small
Trucks
$ 0.50
.50 to .75
.75
1.00 '
5.00
5.00
1,00
1.00 to 5.00
All persons who are subsctibers to the Licensee's regular service will
be granted the privilege of using the dumpsite for the disposing of
garbage as defined in Section 1 hereof,, without additional charge for
the use of such.dumpsite.
(144) Accounts for garbage and refuse service shall be due on
the first day of the month and shall become delinquent if not paid on
or.before the 10th day of the month following that during which the
service is rendered. For convenience and economy to himself and to
his customers the Licensee may bill customers in the residential
district quarterly, however, the Licensee may not consider a customer
delinquent except as defined in this paragraph. The Licensee shall
not be obliged to render service to anyone who refuses to pay the scheduled
rate or who is delinquent in the payment of bills for service until such
mills have been fully paid., The removal of garbage at any time from
any locality may be ordered by the City Council or by the Health Officer
where it is decided that such .removal is necessary for the prompt
protection and preservation of public health and sanitation. In all
of such cases, the Licensee shall have the right to charge and collect
from the customer, the person who caused the deposit of garbage to
accumulate, a sum equal to three times the amount usually charged under
this license.
(15) This license is personal to the Licensee and is not cap-
able of assignment by said Licensee by assignment, operation of laws
or otherwise.
(15) The Licensee shall at all times comply with the laws of the
State of Washington pertaining to industrial insurance.
(17) The licensee shall indemnify and hold harmless theCity of
Pasco from any and all liability whatsoever by injury to or death of
persons,, or loss of or damage to property, caused by or arising out of
activities or nonfeasance in connection with the performance of this
license, whethersuch activities be those of the Licensee or any of his
contractors,, officers.,, employees or agents of the Licensee or any of his
contractors. The Licensee will also appear and defend any action or
suit' instituted against the City of Pasco arising in any manner out
of said license.
(18) This license will immediately become effective and be.in
force upon the Licensee's filing with the City Clerk a performance
bond in the sum of'$5®,000.00 to be kept in force throughout the
term of this license., with the Licensee as principal and such person
or persons as may be satisfactory to the Mayor and City Council of
the City of Pasco as sureties:, together with policies of liability
insurance as set forth in Section.5 of this ordinance.
(19)* It is. agreed that any failure of., or delay in the per-
formance of the license necessitated or.caused by act or order of
any' military or civilian defense authority;,, or act of war,, shall
not constitute a default.
(20) ..In the event the Licensee shall at any time during the
term of this License fail to remove the garbage from the City.of
Pasco, in accordance with the terms hereofL or shall fail to main-
tain and care for the garbage dumpsite in a manner in keeping with
the practices then obtaining for such work., or in the event the same
shall become unsanitary (which determination shall be made by the
Health Officer) the City may give the Licensee thirty (30) days'
notice in writing of any matters wherein it is claimed he is in
default; and in the e'vent'the Licensee fails to correct the matters
therein mentioned within said thirty.(30) day period., this license
shall be terminated and ended, but only after the City Council has
considered the ,question of termination by public hearing.,, and after
which the Council's decision in such matter shall be final.
(21) As a further condition of this license, the Licensee shall
pay to the City of Pasco an annual fee of Nine Thousand ($9,,000.00)
Dollars during the term hereof,, payable monthly at the rate of
Seven Hundred Fifty ($750.00.) Dollars per months monthly in advance
during the term of this license.
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(22) That any provision of this contract may be open for negotiation by either
party hereto upon giving the other party not less than sixty (60) dayst notice of the
intention to negotiate in a clear, explicit statement of the matters sought to be amended.
(23) The Mayor and the City Clerk of the City of Pasco are authorized and
directed, to execute such license in the name of the City of Pasco; and further, that
the contract previously entered into between the City of Pasco and John Dietrich relating
to these same matters be cancelled as of the effective date of this license.
(24) It is further understood that in the event of the cancellation, whether by
termination by time, cancellation, or otherwise of this license, that then and in such
event the Licensee is further relieved from his duties and obligations for the mainten-
ance and operation of the dog warden service and maintenance of public pound incident
thereto; and further, that as long as this license is in effect the licensee shall be ob-
ligated and required and hereby agrees to maintain and operate the dog warden service
and maintain th-e' public pound incident thereto.
(25) This license may be renewed for successive two (2) year periods, by
Ordinance, at the termination of any then prevailing license period hereunder.
(26) It is mutually understoodand agreed between the parties that the City
may terminate this license at any time during its term and upon 60 days' written
notice to the licensee if it desires to call for bids for the disposal of garbage.
DATED at Pasco, Washington this 7th day of 1964.
CITY OF PASCO
Attest:
City -Clerk
Accepted by Pasco Garbage Service, Licensee
Ly
S -V -tion 6,
If any section, subsection, subdivision or sentence or clause of this Ordinance is
held to be unconstitutional or void, such decision shall not affect the validity of the
remaining portions thereof.
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SECTION 7.
Any person violating any of the provisions of this ordinance
shall be punished by a fine of not more than Fifty ($50.00) Dollars
or by imprisonment in the City jail for a period of not exceeding
ten (10) days or by both such fine and imprisonment, provideds how-
ever,, this Ordinance shall not be deemed applicable to persons hauling
their own refuse material from their own family dwelling unit for
disposal in tight covered containers and/or in tight covered vehicles
which vehicles are owned by such persons.,, as permitted by said
contract set forth in 5 thereof.
SECTION 8.
Ordinance No. 999 of the City of Pasco and all Ordinances or
any parts of Ordinances of the City of Pasco in conflict herewith
are hereby repealed.
SECTION 9_
This ordinance shall be in full force and efect upon its
approval, passage and publication as required by law. dyot
PASSED by the City Council of theCity of Pascothis
day of April ,,, 1964.
' May(q!
(seal)
Attest:
City Clerk
Approved as to form:
City Attor ey
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