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0639 II ~ ORDINANCE NO. 6 3 9 AN ORDINANCE AMENDING THE GARBAGE ORDINANCE OF THE CITY OF JACKSONVILLE, ARKANSAS, AMENDING CHAPTER 8.20 TO THE MUNICIPAL CODE OF JACKSONVILLE, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. That Chapter 8.20 of the Municipal Code of Jacksonville, Arkansas, is amended to read as follows: Sections: 8.20.010 8.20.060 8.20.070 8.20.080 8.20.120 8.20.140 8.20.150 8.20.160 8.20.170 8.20.010 CHAPTER 8.20 GARBAGE Definitions Frequency of Collection - Duty of Occupant Containers - Size and Construction - Placement Dumping Ground Unlawful Acts Private Hauling Contract Regulating the Collection of Solid Waste from Residences and Duplexes Regulating the Collection and Removal of Dead Animals Solid Waste Material Not Handled by the Sanitation Department Definitions The following words and phrases when used in this Chapter shall for the purpose of this Chapter have the meaning respec- tively ascribed to them herein: A. "Garbage" includes all rejected food waste and includes every refuse accumulation of animal, fruit or vegetable matter used or intended for the preparation, use in cooking, dealing in or storing of meat, fish, fowl and/ or vegetables. B. "Occupant" means every person in a position of owner- ship or possession of the premises in question, which shall include actual owner, lessor, lessee, renter, tenant, landlord, bailee, manager or either of them. C. "Office" means every room or suite of rooms operated, oc- cupied or managed under a separate business name regard- less of whether or not the same building contains more than one such office or suite of offices. D. "Rubbish" includes refuse other than food stuffs such as paper, clothing, grass, leaves, wood, ashes and tin cans; except brush, non-prescribed solid waste consist- ing of tree, shrub and hedge clippings, providing that trunks and limbs shall not exceed six inches (6") in diameter and shall be cut in lengths not to exceed six feet (6') except that such definition of brush or rub- bish shall not include any refuse or debris resulting from construction on property where buildings are being torn down, repaired or under construction. E. "Commercial Establishment" means any structure intended or used for the purpose of conducting a commercial busi- ness enterprise. I I ~1- ORDINANCE NO. n 1 q Page Two F. "Container" means a receptacle for the deposit of solid waste. G. "City Sanitation Crew" includes those employees of the Sanitation Department of the City of Jacksonville. H. "Director of Sanitation" is the head of the Sanitation Department of the City of Jacksonville or anyone authorized to act for him. I. "Food Establishment" includes a cafe, restaurant or other similar establishment serving food or food products, in- cluding quick service drive-ins where food is prepared or served. J. "Municipal Solid Waste" includes solid waste resulting from or incidental to municipal, community, trade, busi- ness and recreational activities, including garbage, rubbish (or trash), street cleanings, dead animals, and all other solid waste other than industrial solid waste. K. "Residence" means a structure intended for the use and occupancy as a one-family dwelling unit. L. "Street" means any public thoroughfare for the passage of vehicle and pedestrian traffic. 8.20.060 Frequency of Collection - Duty of Occupant Garbage shall be collected by the City Sanitation Department at least twice each week except for the weeks that have holidays; there will be only one pickup for'those weeks. Where accumula- tion at large business places necessitates collection more often, the Sanitation Department will collect said garbage more than twice a week. It is the duty of the occupant of the dwelling in the City to have garbage and rubbish on their respective premises properly placed in approved cans available for regular collection. Rubbish and brush shall be collected by the City Sanitation Department at least once every two weeks. 8.20.070 Containers - Size and Construction - Placement Garbage containers or receptacles shall be water tight and constructed of a solid and durable grade of metal or plastic material. All containers (except plastic bags) shall be provided with suitable lifting handles on the outside and a close-fitting or other approved cover equipped with a handle, and shall not exceed thirty (30) gallons. The container shall not contain any inside structures, such as bands of reinforcing angles or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated or that have become damaged to the extent that they have jagged or sharp edges capable of causing injury to Sanitation Service employees or other persons whose duty it is to handle such containers shall be condemned by the City of Jackson- ville and if such containers are not replaced after notice to the owner or user, such containers will be removed along with the con- tents thereof. Plastic bags shall be constructed of a material and in a man- ner conforming to the standards of the City of Jacksonville 113 ORDINANCE NO. 639 Page Three specifications therefore as approved by the Director of Sanita~ tion and on file in the office of the city clerk. All plastic bags shall be secured at the top to prevent spillage. Metallic garbage cans with tight-fitting covers are per- missable for businesses and shall not be larger than fifty-five (55) gallon capacity. 8.20.080 Dumping Ground The garbage dump will be designated by the City Council from time to time. 8.20.120 Unlawful Acts The commission of any of the following acts is a nuisance and any person who is convicted of having committed either of such acts is guilty of a misdemeanor and shall be fined in any sum not more than five-hundred dollars ($500.00); A. Emptying the contents of any garbage can in any alley, public street, vacant lot or any other place not provided for such use. B. Uncovering and leaving uncovered the contents of any gar- bage can containing garbage, thereby pe.Llui tting flies to have access to the same. C. Disturbing the contents of any garbage can located within the City whether anything is taken therefrom or not. 8.20.140 Private Hauling Contract In the event any business, commercial or industrial enter- prise elec~to contract with a private hauler for the disposal of all its solid waste materials, then in such event said business, commercial enterprise or industrial enterprise shall notify the Director of Sanitation and until such notice is received the City will continue to bill said customers. 8.20.150 Regulating the Collection of Solid Waste from Residences and Duplexes It shall be the duty of every occupant of any residence or duplex to provide a sufficient number of solid waste containers, at the place designated by the Director of Sanitation for col- lection of municipal solid waste. A. All collection of solid waste materials from residences or duplexes shall be by the City of Jacksonville Sanita- tion Department crews and such services shall not be perfo1.1ued through any other person. B. All containers shall be placed just behind the curbline of the street abutting such property, but shall not be placed in the street or on the sidewalk, or in any man- ner placed where the containers will interfere with vehicular or pedestrian traffic. C. Where garbage is collected from the front or side street, containers shall be placed there no earlier than six } 14 ORDINANCE NO. 6 3 9 Page Four o'clock (6:00 p.m.) of the afternoon preceding the col- lection day and no later than seven o'clock (7:00 a.m.) the morning of collection and must be removed to a point at the side or rear of the structure no later than eight o'clock (8:00 a.m.) of the morning following collection. D. For those residents who are elderly or physically handicapped and are not able to place their containers on the curb, the Sanitation workers will collect their containers and carry them to the curb side. Any person who feels he/she qualifies for this service should con- tact the Sanitation Department. The Sanitation Director or his designated representative will investigate each case and when it has been determined that such service is justified, the appropriate collection crew will be notified to render special pickup at no extra charge. 8.20.160 Regulating Collection and Removal of Dead Animals The bodies of dead animals shall not be placed in solid waste containers or in any street, alley, easement or public way. The collection and removal of dead animal bodies shall be a service of the City of Jacksonville Animal Shelter and shall be furnished upon request or notification by any interested party. 8.20.170 Solid Waste Materials Not Handled by the Sanitation Department The scope of the service rendered by the Sanitation Depart- ment of the City of Jacksonville in the collection and removal of solid waste materials is intended, in general, to serve the needs of dwelling units and their directly related activities, operat- ing businesses, and commercial establishments except as exempted from the provisions of this Chapter. It is considered to be be- yond the scope of service to collect or remove solid waste mater- ials generated by removal of trees, clearing, construction, demolition and other such solid waste materials resulting from an activity beyond the scope described above. Solid waste materials which will not be collected and re- moved by the Sanitation Department of the City of Jacksonville as a regular service include: rock, scrap building materials or other trash resulting from construction, remodeling or destruc- tion by fire, the elements or other causes resulting from a general clean up of vacant or improved property or trees, brush and/or debris cleared from property in preparation for construction or occupancy shall not be collected and removed by the City as a regu- lar service, but these materials must be removed at the expense of the owner or developer. SECTION 2. All ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. II ..:;- ORDINANCE NO. 639 Page Five APPROVED AND ADOPTED THIS 2ND DA Y OF JULY , 1981. CITY OF JACKSONVILLE, ARKANSAS -~. ATTEST: . .e#4.~--' CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY (~lliH:i~NCY rr AUSE Nor ~l<EC'l'~D. ORDINANCE ~l<ECTTVE 1ST DAY OF AUGUST, 1981)