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1747ORDINANCE NO. 1747 (#31 - 2023) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODES REGARDING SANITATION PROVISIONS FOR THE JACKSONVILLE MUNICIPAL CODE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, the Jacksonville City Council has reviewed and determined that specific provisions of Jacksonville Municipal Codes §§ 5.04 and 8.20 are in need of revision to satisfy modifications of existing Sanitation Department policies and procedures. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION ONE: JMC § 5.04.120(A) is hereby created and modified to read as follows: A) Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed as a commercial hauler of garbage, refuse, trash, and/or waste operating and/or providing said services with the City limits shall be issued or hold a current and valid Business Privilege License and assessed Nine Dollars ($9.00) per dumpster/collection unit per month for unit(s) located within the City. Said assessments shall be paid through the City Clerk's Office on or before the Fifteenth (15th) day of each month for the number of dumpsters/collection units located within the City as of the First (1St) day of the previous month, together with a Report. Should the Report Form and payment not be received on or before the Fifteenth (15th) day of the month, an Administrative Fee shall be assessed of no less than Ten Percent (10%) against the License Holder. SECTION TWO: JMC § 8.20.020(A) and (B) shall be amended and modified to include the following: The basic monthly rates to be paid for services provided by the Jacksonville Sanitation Department shall be as follows: A. Base Rate [Residential] — Seventeen Dollars Fifty Cents ($17.50) monthly rate per residential unit for sanitation services provided within the city limits of Jacksonville; and, B. Base Rate [Commercial] — Twenty-eight Dollars ($28.00) monthly rate per business/commercial unit under Four Thousand Square Feet (4,000 SF) for sanitation services provided within the city limits of Jacksonville. EXCEPTIONS: Business/Commercial facilities will be required to utilize private commercial hauler sanitation service(s) for garbage, yard waste, and bulky item(s) disposal: Business/Commercial Unit(s) over Four Thousand Square Feet (4,000 SF); Churches or religious institutions with educational facilities, daycare facilities, or another commercial operation(s); Food Industry Services facility(ies) [including restaurants]; Grocery Store(s); Hotel/Motel(s); Industrial/Manufacturing facility(ies); Medical Care/Provider Facility(ies) [including Long Term Care facilities]; and, Retail Store(s). ORDINANCE NO. 1747 (#31 - 2023) Page Two T SECTION THREE: Jacksonville Municipal Code § 8.20.070 is hereby modified and amended to include the following additions and modifications: A. Containers - One (1) Ninety-six (96) gallon garbage container/receptacle per residential/commercial unit shall be provided by the City for curbside placement of bagged garbage, with proper use insuring water tight seal and elimination of the spread of such garbage by animals, weather elements, or otherwise. If additional containers are required or requested for a Unit, the residential/commercial Unit owner(s) shall be responsible for a surcharge per container of Eight Dollars ($8.00) per month; B. Placement — The appropriate container(s) shall be placed at curbside (unless otherwise arranged with the Jacksonville Sanitation Department) on the appropriate day(s) of the week/month and time(s) for the area in which the Unit is located to insure timely retrieval of household garbage /bulky items/trash/yard waste. No placement of said containers shall be allowed more than Twenty-four (24) hours prior to the anticipated and scheduled retrieval of said refuse by the City, and containers should be removed by the Unit owner/occupant(s) from curbside immediately or no later than Twenty-four (24) hours from the City's retrieval of said refuse; and, C. Responsibilities - It is the responsibility of the Unit owner(s), residential and commercial, to obtain, maintain, and secure the appropriate container(s) for each residential or commercial Unit owned from the City. Should said approved container(s) be damaged, lost, stolen, or destroyed, upon Owner(s)' request, the City will replace one (1) set of container(s). If additional container replacement is/are required, the Unit owner(s) shall be responsible to purchase said container(s)/set of containers at a current rate of Seventy-five Dollars ($75.00) per Ninety-six (96) gallon container. SECTION FOUR: Jacksonville Municipal Code § 8.20.150 is hereby modified and amended to include the following additions and modifications: 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 Sanitation Superintendent and comply with the following provisions for collection of municipal solid waste: A. All collection of solid waste materials from residences or duplexes shall be by the City of Jacksonville Sanitation Department crews. Such services shall not be performed through any other person, business, entity, or operation; B. All containers shall be placed just behind the curb line of the street abutting such property, but shall not be placed in the street or on the sidewalk, or in any manner placed where the containers will interfere with vehicular or pedestrian traffic. C. Where garbage is collected from the front or side street, container(s) shall be placed in the designated location no earlier than six o'clock (6:00 p.m.) of the afternoon proceeding the collection day and no later than seven o'clock (7:00 a.m.) the morning of collection. Container(s) 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. Plastic bags containing food, waste, or other attractants should not be placed on the curb overnight so as to prevent animals from tearing open the bags and spreading the garbage. Should a re -run to pick up garbage be requested by resident, due to late placement of can, trashcan not being in proper pick up location, etc., there will be a $10.00 charge, which must be paid prior to said re -run. ORDINANCE NO. 1747 (#31 - 2023) Page Three D. Yard waste and bulky items will be collected from the street. It shall be placed just behind the curb line of the street abutting the premises but shall not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic; E. Yard waste must be separated from all other garbage and bulky items. Yard waste piles will not contain any plastic, metal, building materials, paper or other items with the exception of plastic bags, containing leaves and grass clippings. Leaves and grass clippings are not required to be bagged, and citizens are urged not to do so: F. The City of Jacksonville Sanitation Department will not retrieve yard waste or bulky items from apartments, institutions and commercial establishments that engage private haulers to dispose of their solid waste. G. Occasionally, there are items that need to be disposed of that will not fit inside the city - issued trash container(s) such as furniture, clothes, large toys, etc ... In such instances, the resident/property owner may call the city and request a special pick up. A member of management from the Sanitation Department will determine if the pile is excessive or contains unacceptable materials. An excessive pile, for example, would be more than a typical single room's furnishings or more than a pickup truck load of bulky debris (approximately four (4) cubic yards). Unacceptable materials include such items as glass, petroleum products, and yard waste. An additional fee will be charged to remove and dispose of an excessive pile. The City of Jacksonville not only takes into account the size of a landfill pile, but also the frequency with which they are generated at a particular location. Excessive landfill must be treated the same, whether it comes in one large pile or several small piles. Once a customer reaches the anticipated annual limit of bulky waste (four (4) cubic yards), charges will apply even if the pile would not otherwise have been considered excessive. Individuals, who run businesses out of their homes that generate an excessive amount of landfill waste, as defined above, will be expected to pay accordingly for its disposal. Periodically, maintenance or improvement projects at a residence will generate debris that must be disposed of. Placement of such items is restricted in the city -issued trash container(s). In order to assist our customers, the City of Jacksonville will, upon request, dispose of up to two (2) cubic yards of construction/demolition material per year as a normal city service. Any construction/demolition pile over two (2) cubic yards will be viewed as excessive, and the individual will be responsible for its timely removal. If the individual is unable to make other arrangements, the city will remove the pile for a fee. Unacceptable material would include concrete, masonry, brick, rocks, & dirt. The City of Jacksonville realizes that residential grounds maintenance produces a substantial amount of yard waste, and such waste is removed as a normal city service. Brush and tree limbs up to six (6) inches in diameter and six (6) feet in length will also be removed at no additional charge up to 3 cubic yards. Where the quantity of brush or tree limbs exceed the 3 cubic yards a fee can be paid to remove. ORDINANCE NO. 1747 (#31 - 2023) Page Four H. Elderly and/or physically disable residents unable to place their containers at curbside can request assistance. For those eligible, the Sanitation worker will collect container(s) from the front or side of the residence, carry them to the curbside and empty said container(s) and return the container(s) to their former location. Any person who believes he/she qualifies for this service should contact the Sanitation Department for registration. The City Sanitation Superintendent and/or his designated representative will investigate each application. When a determination that such service is justified, the appropriate collection crew will be notified to render special pickup at no extra charge. I. Payments for replacement containers, re -runs, excessive bulky items, excessive construction/demolition material, & excessive yard waste may be made at the Public Works office with cash or credit card. Over the phone credit card payments will also be accepted. All Credit Card payments are subject to a transaction fee as set by the city. SECTION FIVE: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION SIX: It is hereby ascertained and declared that revisions in the Sanitation Code provisions are needed, and passage of this Ordinance will ensure compliance with all current Sanitation Department practices. Therefore, an emergency is hereby declared, and this Ordinance, being necessary for the immediate preservation of public health and safety, shall take effect and be in force from and after its passage. APPROVED AND ADOPTED THIS 7TH DAY OF DECEMBER, 2023. CITY OF JACKSONVILLE, ARKANSAS ATTEST: J F LMORE, MAYOR SUSAN DA ITT, CITY CLERK APPROVED AS TO FORM: STE RIE CITY ATTORNEY