Ordinance - 1998 - 335 - Amend Title 4/Collection Of Garbage - 12/15/1998ORDINANCE NO. 335
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE FOUR, CHAPTER TWO OF THE EAGLE CITY CODE TO PROVIDE THAT
COLLECTION OF GARBAGE AND RUBBISH WITHIN THE EAGLE CITY LIMITS
SHALL BE BY FRANCHISE; PROVIDING THE TERMS OF SUCH FRANCHISE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, in place of the current licensing provisions. the City of Eagle (the City)
has decided to grant a franchise for the collection of solid waste within the City limits and
collect a franchise fee therefor: and
WHEREAS. the Citv has made a request for proposals in order to award the successful
proposer and such award has been made:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1:
read as follows:
SECTION:
4-2- 1:
4-2- 2:
4-2- 3:
4-2- 4:
4-2- 5:
�I 2 6:
4-2- 6�:
4-2- 78:
4-2--38:
4-2-409:
4-2-41410:
4-2-4211:
Title Four, Chapter Two of the Eagle City Code, is hereby amended to
CHAPTER 2
GARBAGE AND RUBBISH
Purpose And Interpretation
Definitions
Prohibited Accumulation
Garbage And Refuse Storage Regulations
Contract Or LicenseFranchise -Required To Collect Garbage
License ."rY-i1�r�tiic And Review
License Franchise Period And Fees
License Franchise Conditions
Revocation of License Franchise And Procedure
Violation And Penalty
Unlawful Deposits On Public Ways And Property
Additional Rules And Regulations
4-2-1: PURPOSE AND INTERPRETATION: This Chapter shall be
deemed an exercise of the police power of the City, acting in its governmental
Page 1
capacity, for the protection and preservation of the health, welfare, morals,
safety and cleanliness of the city and all of its provisions shall be liberally
construed for the accomplishment of that purpose. (Ord. 1, 5-24-1971)
4-2-2: DEFINITIONS: For the purpose of this Chapter, the
following words and phrases shall have the meanings respectively ascribed to
them by this Section:
ASHES: The residue of materials burned.
FRANCHISEE: The entity granted a franchise to collect 2arbaee. rubbish
and other solid waste within the City limits of Eagle.
GARBAGE: Kitchen and table refuse and offal, swill and also every
accumulation of animal, fruit or vegetable matter, liquid or otherwise, that
attends the preparation, consumption, use, decay, cooking, dealing in, or
storage of animal matter, meats, fish, fowl, birds, fruits or vegetables; except,
that dead animals exceeding ten (10) pounds in weight, and offal of slaughter
house are not included within the meaning of the word "garbage" as herein
defined. The word "garbage" does not include dishwater or wastewater.
RUBBISH: Ashes, broken crockery, broken bottles, broken bricks, tin
vessels, trimmings from lawns and flower gardens, including shrubbery,
pasteboard boxes, berry boxes, paper sacks, straw, sawdust, packing materials,
shavings and discarded household utensils; but the term rubbish shall not include
broken or discarded stoves or furniture, broken or discarded building material,
trees or any waste accumulated, other than heretofore specified.
4-2-3: PROHIBITED ACCUMULATION: No owner or
occupant of premises covered by this Chapter shall permit any accumulation of
garbage or rubbish on such premises.
4-2-4: GARBAGE AND REFUSE STORAGE REGULATIONS:1
A. Preparation of Garbage: All garbage, before being deposited
in receptacles required by this Section, shall be drained of surplus liquids and
water.
B. Receptacle Requirements: Each householder, head of a family,
tenant, proprietor, or operator of a place of business within the City, who is in
possession of or in charge of any premises within the city upon which garbage
1 See subsection 8-3-2D of this Code for additional requirements in commercial, industrial and multi -family
residential areas.
Page 2
or rubbish accumulates or may accumulate shall provide and maintain upon such
premises at a place not exceeding five feet (5') from the alley line of such
premises where such premises are adjacent to an alley and where the same may
be conveniently emptied by the garbage and rubbish collector of the city, a
metal receptacle of a capacity not exceeding one hundred (100) pounds, to
accommodate all garbage and rubbish accumulated on such premises between
pick-up periods. Such receptacle shall be equipped with handles for convenient
handling, be watertight, with tightly fitting covers so as to prevent flies from
entering or escaping from such receptacle, free from offensive odors and in such
condition that all garbage and rubbish will readily pour therefrom. Each such
householder, head of a family, tenant or proprietor or operator shall deposit all
garbage and rubbish as defined in section 4-2-2 hereof, accumulating upon such
premises in such receptacles as fast as the same accumulates.
C. Placement of Receptacles: It shall be unlawful for any person to
place any receptacle containing, or designed or used for garbage or rubbish,
upon any street, alley, sidewalk, public place or open lot in the City except,
only where premises are not situated adjacent to an alley, the owner or occupant
of such premises may place receptacles containing garbage or rubbish upon the
sidewalk or street adjacent to such premises in such manner as not to interfere
with the free use of such sidewalk or street for a period of time not exceeding
two (2) hours immediately preceding the scheduled time of collection of such
garbage or rubbish, and immediately upon the removal of the contents of such
receptacles, they shall be placed on the premises in the rear of the house owned
or occupied by such person.
D. Unauthorized Interference with Receptacle: It shall be unlawful
for any person, other than the City, its agents or employees or a person holding
a permit or license for such purpose, or having a contract with the City for such
purpose, to interfere in any matter with any receptacle containing garbage or
rubbish, or any form of refuse, or to remove any such receptacle from the
location where the same was placed by the owner thereof, or to remove any of
the contents of such receptacle. (Ord. 1, 5-24-71)
4-2-5: FRANCHISE REQUIRED TO:
A. Collect Garbage: The City may collect,
gather, haul, convey, or transport garbage and rubbish within the City or
authorize by franchise. contractt, or license for independent contractors to
perform such service. It shall be unlawful for any person who is not an agent,
contractor, franchise. or employee of the City to engage in the business of
collecting, gathering, hauling, conveying, or transporting for hire garbage or
rubbish within the City without a 1icen e. However, any occupant may remove
Page 3
garbage or rubbish from such occupant's own premises at any time, provided
such removal does not create a public nuisance.
/126:
•
-
II 1.. • ��•
A -B. Application or LizoonseFranchise Reauired: No person
shall engage in the business of collecting, gathering, hauling, conveying, or
transporting garbage or rubbish upon the streets or alleys of the City without
first obtaining a license -franchise therefor from the City.
ease -rill ko w i writing to the City Clerk xi a form provided -by -the
. _ . • . nurrti�✓., and street address of the
applicant, the premises to be served and th3 nuarkor of vehicles to be used in
�crvicing wok pr , - . - - - - •• _
f collection
tint a rued for thc service thc applixtkyz. pmpases to p -a _ ide exists,
azo i i g - geographi3 a7&
app1i ent lraz
3 za .tar; , serviceable
direct the City Clerk to issue a license to the applicant.
4-2-7-6: LICENSE—FRANCHISE PERIOD AND FEES: A
license franchise shall be granted for a period of au uo to seven (7) years.
Every person -licensed franchise under the provisions of this Chapter shall pay
the city a license -franchise fee of twelve dollars ($12.00) per tru3l[ por month
eight percent (8.0%) of the gross revenues collected within the Eagle City
limits. The license fee shall be payable 135x -the rnertk ouarterly or as otherwise
provided. (Ord. 136, 4-12-88)
4-2-57: LICE -FRANCHISE CONDITIONS:
A. Garbage and Rubbish Disposal: A licensee franchisee shall
perform all services incident to and in connection with collecting, gathering,
hauling, conveying, and transporting garbage or rubbish in an orderly and
timely manner. Garbage and rubbish shall be disposed of at State approved
solid waste disposal sites only.
B. Vehicle Construction and Condition: All vehicles used in
collecting, gathering, hauling, conveying, or transporting garbage or rubbish
Page 4
shall be constructed in a manner that will prevent any portion of the garbage or
rubbish from leaking, spilling, falling or blowing out of said vehicles onto any
highway, street, alley, or other public or private place. All vehicles shall be
equipped with watertight, leak -proof bodies and provided with tight -fitting
covers, which shall remain closed at all times except when actually depositing
garbage or rubbish in the conveyance or removing garbage or rubbish from it.
All vehicles shall be kept in a clean and sanitary condition at all times and shall
be disinfected at regular intervals of not less than once every two (2) weeks. All
vehicles shall be subject to inspection at reasonable hours by the city Clerk or
the City Clerk's duly authorized representative.
C. Collection and Fee Schedules: A licensee franchisee shall collect
and dispose of garbage and rubbish from each customer at least once a week or
as may otherwise be provided by the City. A licenscc franchisee shall only
impose for such service those fees which are approved by the City Council.
leen the anew er.• roncwal of a license, each licensee gall czahliel a
- • - .. ' .Aix "
2 -Ail a "Schedule of Chargc3 far the
C c lacN.--iau of Refu3c", as apprc»ed ✓y the City Coun✓1, the official
Ord. 149, 2-14-89)
D. Terms of Franchise: In addition to the requirements of this
Chapter. the City and anv franchisee shall by agreement approved by such
parties set forth any additional terms and conditions the City and franchisee
deem appropriate.
4-2-98: REVOCATION OF LICENSE FRANCHISE AND
PROCEDURE
— Revocation of LicenseFranchise: The City Council may revoke a
license franchise if the licensee franchisee fails to comply with the license
franchise conditions set forth in Section 4-2-8 and the franchise agreement.
Pi&wAatkm PreeedfiloZZ: The city Council shall F-cceed in
- zra*g pv: 'a ra of title 67, chapter 52, Idaho
Qc, in c -. of a licensefranchise. A licensee franchisee
aggrieved by a deo:Via : of the City Counoil raw, within sixty (60) days, seek
Idaho Cam
:
r.: 3'.n�i®:rc 67 5215 and 67 5216,
4-2409: VIOLATION AND PENALTY: -aAny person violating any of
the provisions of this Chapter shall be guilty of a misdemeanor and punished as
provided in Section 1-4-1 of this Code.
Page 5
4-2-140: UNLAWFUL DEPOSITS ON PUBLIC WAYS AND
PROPERTY: Except as provided in mien 1 2 1 B - and d C :ti this Chapter,
it shall be unlawful for any person to place any grass trimmings, garbage or
rubbish upon any street, alley, sidewalk, public place or open lot in the City.
4-2-121: ADDITIONAL RULES AND REGULATIONS: The City
Council shall have power to make and adopt, by resolution, such further rules
or regulations, including the designation of districts for prick -up schedules, as
may be necessary to effectuate and facilitate the provisions of this Chapter.'
(Ord. 136, 4-12-88)
Section 2: This ordinance shall be published once in the official newspaper of the City,
and shall take effect upon its passage, approval, and publication.
1*
DATED this /5 day of 1)(eejrj6br- , 1998.
ATTEST:
City Clerk
CITY OF EAGLE
Ada County, Idaho
By
See Title 8 of This Code.
Page 6
The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of PubLctlon
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
deposes and says:
That I am the
} SS.
Ordinance No. 335
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Publisher of THE
weekly newspaper published in Meridian, in the County of
Idaho; that said newspaper has been and is in general circu
aforesaid, and in the vicinity of Meridian; that the advertise
is attached hereto, was published in said newspaper once a
consecutive weeks in the regular and entire issue of s
period and time of publication, and was published in the ne
not a supplement; that said paper has been established and
more than seventy-eight consecutive weeks prior to the dai
said advertisement.
Such notice was published in the issue beginning with
19 98 , and ending with the i sue of December
19 98
X Cil
STATE OF IDAHO
COUNTY OF ADA
On this 4 day of January
Public, personally appeared
in the year of 1999
Tim Frates
to me to . - ,lkA,eon whose name subscribed to the withi.
beie0
a . 1 .til
ib -LI
= ft tom'' :
hthtttnnuu M Ct a
ommission expires
sworn, declared that the statements t
he/she executed the sa
A.
Notary Public for
Residing at
STATEMENT
Valley News
Meridian, Idaho
188 Lines
Number of Lines
Number of Insertions
188 Lines @ $1.50 $ 2R2 01)
Lines @ $1.25 $
TOTAL COST
WILL BE
$ 282.00
Copy of rI
city a
ORDINANCE NO. 335
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO,
AMENDING 1TILE FOUR, CHAPTER TWO OF THE EAGLE CITY CODE
TO PROVIDE THAT COLLECTION OF GARBAGE AND RUBBISH WITH-
IN THE EAGLE CITY LIMITS SHALL BE BY FRANCHISE; PROVIDING
THE TERMS OF SUCH FRANCHISE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, in place of the current Licensing provisions. the City of Eagle (the
City) has decided to grant a franchise for the collection of solid waste within the
City limits and collect a franchise fee therefor: and
WHEREAS. the City has made a reauest for Proposals in order to award the
successful nronoser and such award has been made;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUN-
CIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: Title Four, Chapter Two of the Eagle City Code, is hereby amend-
ed to read as follows:
CHAPTER 2
GARBAGE AND RUBBISH
SECTION:
4-2-1:
4-2-2:
4-2-3:
4-2-4:
4-2-5:L--
TH'
4
4-2-¢7:
4-2-75:
4-298:
4-2-482:
4-2 44.12:
4-2 4.11:
Purpose and Interpretation
Definitions
Prohibited Accumulation
Garbage and Refuse Storage Regulations
Eentaet Ar-Lieeese Franchise -Required To-C-014eet-Gapbege
r ieeHse "-hemi _ • d n
r
Lieense Franchise Period And Fees
Lieease Franchise Conditions
Revocation of Lieeese Franchise And Procedure
Violation and Penalty
Unlawful Deposits On Public Ways And Property
Additional Rules And Regulations
4-2-1: PURPOSE AND INTERPRETATION: This Chapter shall be
deemed an exercise of the police power of the City, acting in its governmental
capacity, for the protection and preservation of the health, welfare, morals, safe-
ty and cleanliness of the city and all its provisions shy be liberally construed
tor the accomplishment of that purpose. (Ord.,,1, 5-24-1971)
4-2-2: DEFINTITONS: For the purpose of this Chapter, the following
words and phrases shall have the meanings respectiv -ly ascribed to them by this
Section:
ASHES: The residue of materials burned.
FRANCHISEE: The Entity granted a franchise to collect garbaee. rubbish and
other solid waste within the City limits of Eagle.
GARBAGE: Kitchen and table refuse and offal,will and also every accumu- -
lation of animal, fruit or vegetable matter, liquid or otherwise, that attends the
preparation, consumption, use, decay; cooking, Healing in, or storage of animal :
matter, meats, fish, towl, birds, fruits or vegetaibles; except, that dead animals ;
exceeding ten (10) pounds in weight, and oal of slaughter house are not 1
included within the meaning of the word "garbs as herein defined. The word
"garbage" does not include dishwater or wastewater. d
RUBBISH: Ashes, broken crockery, broken Mottles, broken bricks, tin vessels,
trimmings of lawns and flower gardens, including shrubbery, pasteboard boxes, :-
berry boxes, paper sacks, straw, sawdust, packirlg Tateriais, shavings and dis- -
carded househnkic tttencilc• hilt the term rnthhich Ghali not inrltt[ie br hee ar dis-
carded stoves or furniture, broken or discarded building material, t?s or any 1
waste accumulated, other than heretofore specified.
4-2-3: PROHIBITED ACCUMULATION': No owner or occupant of premis-
es covered by this Chapter shall not permit any accumulation of garbage or rub-
bish pn such premises.
4-2-4: GARBAGE AND REFUSE STORAGE REGULATIONS:
A. Preparation of Garbage: All garbage, before being deposited in receptacles
required -by this Section, shall be drained of surplus liquids and water.
B. Receptacle Requirements: Each householder, head of a family, tenant, pro-
NO.
L -392E