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.
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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
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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
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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.
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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)