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0150 s: - � . -a ORDINANCE NUMBER I AN ORDINANCE PROVIDING FOR THE PICKUP, HAULING AWAY AND DISPOSAL OF I.. GARBAGE AND RUBBISH FROM RESIDENCES, BUSINESSES AND OTHER DWELLINGS WITHIN THE CITY OF JACKSONVTT.T', ARKANSAS, BY THE CITY SANITATION ` DEPARTMENT; SETTING THE RATES FOR SUCH SERVICES; PROVIDING .A PENALTY UPON FAILURE TO PAY; PROVIDING PENALTTFS FOR DISOBEYING REQUIREMENTS HEREUNDER; ESTABLISHING A CITY DUMPING GROUND; PROVIDING FEES FOR THE USE OF SUCH DUMPING GROUND; DECLARING AN.EMERGENCY TO EXTST, AND FOR.OTHER PURPOSES. ' WHEREAS, it is necessary for the preservation of the public health, safety and morals of the citizens of the City of Jacksonville, ArkeAsas, that all areas within the said city be free of garbage and rubbish; and 1 WHEREAS, it is necessary that grounds be provided and maintained as an area for the dumping of such garbage and rubbish; and WHEREAS, it is necessary that rates be determined that will be equitable for all parties using such services; and WHEREAS, former ordinances are in conflict herewith and should be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. Definitions. The following words and phrases when used in this Ordinance shall for the purpose of this Ordinance have the meanings respectively ascribed to them herein: A. Garbage shall be construed to include all rejected food waste, and to include every refuse accumulation of animal, fruit, or vegetable matter used or intended for food, or intended for the preparation, use in cooking, dealing in, or storing of meat, fish, fowl, fruits and /or vegetables. B. Rubbish shall include refuse other than food stuffs, such as paper, clothing, grass, leaves, wood, ashes, and tin cans; EXCEPT that such definition shall not include any refuse or debris resulting from con - I struction'on property where buildings are being repaired or are under construction, nor wood nor limbs resulting from removal of trees on private property. C. Landowner shall mean every person in a position of ownership or possession of the premises in question; which shall include actual owner, lessor, lessee, renter, tenant, landlord, bailee, manager, or either of them. D. Office shall mean every room or suite of rooms operated, occupied, or managed under a separate business name regardless of whether or not 9, �61f'9; a3 4 th, syle oontaiAs mode than one suoh office or suite of offices. SECTION 2. That all garbage and rubbish in the City of l Jacksonville, Arkansas, shall be collected regularly as set forth hereinafter by the employees of the Qity Sanitation Department; and for such services the Water Department of the City, or its duly authorized representatives shall collect fees as set forth in the following schedule: A. The Monthly Rates shall be as follows and shall apply in all cases of occupancy of one month or any part thereof: 1. One and no /100 ($1.00) Dollar for each single family residence. 2. One and no /100 ($1.00) Dollar for each trailer space. _ 3. One and no /100 ($1.00) Dollar for each resi- dential unit of each duplex and of each apart- ment building. 4. Two and no /100 ($2.00) Dollars for each office. 5. Two and no /100 ($2.00) Dollars for each building occupied as a residence and a service -type busi- ness not engaged in the actual sale of merchan- dise and requiring no additional service as a result of the said business. 6. Upon all other businesses, not exempted by Paragraphs 4 and 5 hereof, the rates shall be determined according to the schedule herein- after set forth: r Etkoamu}h -- Up to 110 Gallons per week $ 2.00 110 Gallons to 220 Gallons per week 3.00 221 Gallons to 330 Gallons per week 4.50 331 Gallons to 440 Gallons per week 6.00 441 Gallons to 550 Gallons per week 7.50 551 Gallons to 660 Gallons per week 9.00 661 Gallons to 770 Gallons per week 10.50 771 Gallons to 880 Gallons per week 12.00 881 Gallons to 990 Gallons per week 13.50 991 Gallons to 1090 Gallons per week 15.00 All Over 1090 Gallons shall be subject to negotiation by an arbitrary board, which is hereby created for such purpose. The arbitrary board shall be composed of the Landowner, the Mayor of the Citycf Jacksonville, and one disinterested party to be mutually selected by the said Landowner and the Mayor. B. All customers who have water meters shall be billed on the water bill. All other customers will be billed on an annual basis, in advance quarterly, by the water department. C. The collections of all delinquents and the amounts due thereunder shall not be affected or changed by this section. • " 3 In the event the fees herein established are not paid promptly when due and there is a default of thirty (30) days, there shall be a penalty of ten (10%) per cent of the fee levied In-addition to the amount of the original fee charged, and said penalty shall become a part of and be collected with the regular fees heretofore levied. Should the penalty and fees herein provided for be unpaid for a period of sixty (GO) days from the time the first fee became due, the City of Jacksonville is hereby authorized and directed to institute civil suit for the recovery of said fee with all penalties attaohedlhereto, plus the court costs inelidental to their collection, SECTION 4. Garbage and rubbish shall be collected by the oity sanitation department at least twice each week. Where accumulation at larger business places necessitate collection more often, the city sanitation department will collect said garbage and rubbish more than twice each week. it is hereby made the duty of the land- owners in the city to have garbage and rubbish on their respective premises properly placed In approved cans and bins available for regular collection. SECTION 5. The occupants of every private and business building shall provide a metallic can, cans and /or bins with tight fitting covers for the holding of garbage and rubbish, and the same shall be placed at a point on premises where the garbage collector can conveniently have access to same. Garbage cans for residences shall not be larger than twenty (20) gallon capacity. Garbage cans for businessess shall not be larger than fifty -five (55¢ gallon capacity, where cans are provided. Bins for large businesses, having large deposits of garbage and rubbish, Where cans are not feasible, shall be of such construction and quality as to prevent leakage; and shall be of large enough capacity to prevent overflow on the ground and surrounding areas. SECTION 4 The following described real property is owned bythe City of Jacksonville, A and the same is hereby declared to be the City Dumping Grounds of Jacksonville, Arkansas: The West Half OW of the Northwest Quarter (NW) of Section Twenty -Seven (27), Township Three..(3N North, Range Ten (10W) West in.Lonoke County,..Arkansas B. That it hereby declared to be the duty of such oity to maintai and manage such dumping grounds, and to keep same in a condition suitable for such purposes at all tithes hereafter. C. That from and after the passage of this Ordinance it shall be unlawful for any person, firm or corporation to dump more than one -half (1/2) ton of garbage and /or rubbish upon said dumping grounds within any annual period without having first obtained a written permit from the City Clerk of the City of Jacksonville, Arkansas, for such purpose. D. A dump fee shall be and the same is hereby levied for the prdvilege of such persons, firms or corporations usage of the City dumping grounds. The amount of the fee shall be determAned per truck load by an arbitrary board hereby created for such purpose. That the arbitrary board determining such fees for dumping shall be and the same is hereby directed to be composed of the dumper, the Mayor of the City of Jacksonville, Arkansas, and a disinterested third person to be mutually selected by the said dumper and the mayor. �c & E E. Any person violating the provisions of this Section shall rtPt"xi be deemed guilty of a misdemeanor, and upon conviction thereof shall loc t_ U iii to fined in any sum not less than Ten ($10.00) Dollars, nor more than ` I One Hundred ($100.00) Dollars; and each truck load dumped on said grounds by such defendant, shall constitute a separate offense. SECTION 7. The commission of any of the following acts shall be deemed a nuisance, and any person who shall be convicted of having committed either of such acts, shall be deemed guilty of a misdemeanor and shall be fined in any sum not less than Five ($5.00) Dollars, and not more than Twenty -Five ($25.00) Dollars: 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 garbage can containing garbage,ithereby permitting flies to have access to same. C. Disturbing the contents of any garbage can located within the city whether anything is taken therefrom or not. SECTION 8. In the event that the fees eolleoted under this 1 • • ,Ordinance exceed the cost of maintaining the functions contemplated any such surplus shall be paid into the general funds of the eity. SECTION 9. Ordinance Number Twelve (123 of the City of A• Jacksonville, A entitled "An Ordinance providing for the collection and disposal of all garbage and refuse within the incor- portated town of Jacksonville, Arkansas" and all subsequent amend- ments thereto be and the same are hereby specifically repealed. SECTION 10. All other Ordinances or parts of ordinances of the City of Jacksonville, Arkansas, in eonfliot herewith, be and the same are hereby repealed. SECTION 11. In the event any Section of part hereof be declared by a Court of competent jurisdiction to be invalid, it is hereby ordained that no other section, paragraph or part hereof shall be affected by such ruling or decree; but that all remaining sections, paragraphs, parts and portions hereof shall remain in full force and effect. SECTION 12. This Ordinance being necessary for the immediate preservation of the public health, safety, welfare and morals of the citizens of the City of Jacksonville, Arkansas, an emergency is here- by declared to exist and the same shall be in full force and effect immediately from and after its passage. APPROVED AND ADOPTED THIS / day of February, A.D., 1964. // �/// Mayor Attest: 7 (7 'Litt' Clerk 1