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HomeMy WebLinkAbout1968 OrdinanceORDINANCE NO. 1968 AN ORDINANCE relating to solid waste disposal and amending Chapter 6.04 of the Pasco Municipal Code by amending Sections 6.04.090, 6.04.100, 6.04.110 and 6.04.330 thereof. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 6.04.090 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 6.04.090 CAN, CONTAINER - REQUIRED. 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 producted by such establishment. Such person shall deposit or cause to be deposited in such cans or containers all solid waste produced by such establishment. Whenever any residence, multi -family residence, public food establishment or commercial establishment does not comply with the regulations as set forth hereinabove the city may proceed by a suit in equity of the Superior Court of Franklin County to enjoin and abate the same in the manner provided by law; or it may elect to enforce the provisions of this section by uniform citation and/or complaint filed in the Pasco Municipal Court. For purposes of issuing citations to alleged violators of the provision of this section, the persons designated by the city manager of the City of Pasco to enforce the provisions of this section shall have the specific authority to issue said uniform citation and/or complaint to the sai.d.alleged violators and file the same in the Pasco Municipal Court in accordance with its procedures. Whenever, in any action brought in the Pasco 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 limited by the court, and not exceed thirty (30) days; and (2) That the violation of the provisions of this section may be abated by the city at the cost of the defendant. Every person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine only of not more than $500.00.. F -2- Section 2. That Section 6.04.100 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 6.04.100 CAN, CONTAINER - SPECIFICATIONS. Solid waste cans and containers shall be strong, watertight, water impermeable, not easily corrodable, redentproof and insectproof. 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 arrangement with 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 and plastic bags may be substituted therefor providing they meet said requirements. Whenever any owners or operators of public food establishments and commercial establishment do not comply with the regulations as set forth hereinabove the city may proceed by a suit in equity of the Superior Court of Franklin County to enjoin and abate the same in the manner provided by law; or it may elect to enforce the provisions of this section by uniform citation and/or complaint filed in the Pasco Municipal Court. For purposes of issuing citations to alleged violators of the.provisions of this section, the persons designated by the city manager of the City of Pasco 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 Pasco Municipal Court in accordance with its procedures. Whenever, in any action brought in the -Pasco Municipal Court, it is established that the owners or operators of public food establishments and commercial establishments do 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 by the court, and not exceed thirty (30) days; and (2) That the violation of the provisions of this section may be abated by the city at the cost of the defendant. Every person who violates any of the provisions of this section is guilty of,a misdemeanor and upon conviction thereof shall be punished by a fine only of not more than $500.00. Section 3. That Section 6.04.110 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 6.04.110 CAN,.CONTAINER - MAINTENANCE. 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 persons depositing solid waste in or removing solid waste from a can or container, he shall replace the lid on the can or container. -3 - Whenever any person does not comply with the regulations as set forth hereinabove the city may proceed by a suit in equity of the Superior Court of Franklin County to enjoin and abate the same in the manner provided by law; or it may elect to enforce the provisions of this section by uniform citation and/or complaint filed in the Pasco Municipal Court. For purposes of issuing citations to alleged violators of the provision of this section, the persons designated by the city manager of the City of Pasco 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 Pasco Municipal Court in accordance with its procedures. Whenever, in any action brought in the Pasco Municipal Court, it is established that the person 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 this 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 limited by the court, and not exceed thirty (30) days; and (2) That the violation of the provisions of this section may be abated by the city at the cost of the defendant. Every person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine only of not more than $500.00... Section 4. That Section 6.04.330 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 6.04.330 PENALTIES. Where not specifically designated in this chapter any person convicted of a violation of any provisions of this chapter shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. For any violation of this chapter of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each such offense. Section 5. This Ordinance shall be in full force and effect after its passage and publication as required by law. Passed this 10 day of July , 1978, by the Pasco City Council. TEST: Evelyn ells, Deputy City Clerk s Chet Bailie, Mayor APPROVED AS TO FORM: Patrick T. Roach, Acting City Attorney