Loading...
HomeMy WebLinkAbout4230 OrdinanceORDINANCE NO. LI 2-36 AN ORDINANCE of the City of Pasco, Washington Amending PMC Chapter 6.04 entitled "Solid Waste Disposal" WHEREAS, the City pursuant to RCW 35A.21.060, has the authority to regulate the collection of solid waste and recyclable materials including the granting of a franchise contract for solid waste and recyclable materials collection by a qualified contractor conducting business in accordance with the rules of the Washington Utilities and Transportation Commission; and WHEREAS, the regulation of solid waste and recyclable material is necessary to provide for the health and safety of the citizens of the City of Pasco, and to provide for a comfortable and attractive living environment; and WHEREAS, interference with solid waste and recyclable material collection, and intrusion into solid waste and recyclable materials collection devices presents a risk to the health and safety of those who intrude and interfere with collection process as well as nearby residents and the duly authorized solid waste and recyclable materials collector for the City; and WHEREAS, to minimize this risk to health and safety, regulations are necessary regarding the access to, use of, and removal of solid waste and recyclable materials from such devices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 6.04.060 of the Pasco Municipal Code entitled "Collection Contracts - Compulsory Service" shall be and hereby is amended and shall read as follows: 6.04.060 COLLECTION CONTRACTS - COMPULSORY SERVICE. It is unlawful for any person, other than the City or its contractor, if any, to engage in the business of collecting, removing, transporting, processing compacting, or disposing of solid waste in the City, unless specifically provided for in this chapter. All property owners, occupants of premises and persons responsible for the control of premises that have solid waste for disposal must pay for the solid waste disposal service provided for in this chapter. ^ viela4ien of this seetion shall be a viii do of *hs ehaptef. (Ord. 2037 Sec. 1, 1979; Ord. 1537 Sec. 6(a), 1972.) Section 2. That a new Section 6.04.115 of the Pasco Municipal Code entitled "Can, Container - Scavenging Prohibited" shall be and hereby is created and shall read as follows: 6.04.115 CAN, CONTAINER - SCAVENGING PROHIBITED. A) It is unlawful for any person to scavenge or salvage solid waste or recyclable materials from any waste cans or containers required under this chapter except for an agent of the City or contractor. No unauthorized person shall take or remove any solid waste placed out for collection, including recyclable materials. Ordinance Amending PMC 6.04 - 1 B) No person shall enter into a can, container, or other solid waste receptacle for the purpose of removing materials, compacting the contents of the receptacle, or any other unlawful purpose. This section shall not apply to: 1) Agents or employees of the City; or 2) Contractor when: Acting to remove solid waste; ii. Abatement of a present or imminent dangerous condition; iii. Investigation; or 3) The owner of personal property inadvertently deposited into the receptacle. C) Except as provided in subsection B) above, all solid waste and recyclable materials shall be presumed abandoned by the owner upon deposit into the can, container or receptacle, and title thereto shall vest to the contractor which shall have exclusive rights to its possession. Section 3. That Section 6.04.330 of the Pasco Municipal Code entitled "Penalties" shall be and hereby is amended and shall read as follows: 6.04.330 PENALTIES. Any person, or entity, found to be in violation of any provisions of this chapter, including violation of PMC 6.04.060 by engaging in the business of collecting, removing transportingor r disposing of solid waste in the City, shall be deemed to have committed a civil infraction and for- e inf-aetio for each violation and for each day of violation, and shall be subject to a civil penalty as set forth in PMC 11.02.050(5), plus court costs and statutory assessments. (Ord. 3562 Sec. 17, 2002; Ord. 2562 Sec. 6, 1985; Ord. 1968 Sec. 4, 1978; Ord. 1537 Sec. 13, 1972.) Section 4. That Section 6.04.340 of the Pasco Municipal Code entitled "Enforcement" shall be and hereby is amended and shall read as follows: 6.04.340 ENFORCEMENT. A) Whenever the owner or occupant of any residence, multi -family residence, public food establishment or commercial establishment or entity does not comply with the regulations as set forth in this chapter, including operation of a solid waste and recycling material collection business without a valid business license, the City may elect to enforce the provisions of this seetien Chapter by tmiferm eitatie civil 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 eitations complaints to alleged violators of the provisions of this section, the person(s) designated by the City Manager of the City to enforce the Ordinance Amending PMC 6.04 - 2 provisions of this section shall have the specific authority to issue said tmifeFm eita4fefl' a 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 4*0 ep naltX 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. G) Every per -son who violates any of the pr-evisjoils of this seetion is gt1ifty-of a misdemeanor and upon eom,ietion thereof shai! be punished by impr-isonmea4 in4hhe- Goui4y jail fer- a mffldm-um term fixed by the GetH4 ef 'let fflefe diefi ninety days, er--a (Ord. 3562 Sec. 18, 2002.) Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Co cil f the City of Pasco, Washington, and approved as provided by law this0 day of , 2015. Matt Watkins, Mayor A TES : APPRO AS TO FORM: D ra . Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending PMC 6.04 - 3