Ordinance - 1988 - 136 - Garbage Collection Requirements - 04/12/1988ORDINANCE NO. 136
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, REPEALING SECTIONS 4-2-5
AND 4-2-6, EAGLE CITY CODE; ENACTING SECTION 4-2-5, EAGLE CITY
CODE, TO REQUIRE A GARBAGE COLLECTOR FOR HIRE TO CONTRACT WITH THE
CITY OR OBTAIN A LICENSE BEFORE COLLECTING GARBAGE WITHIN THE
CITY; ENACTING SECTION 4-2-6, EAGLE CITY CODE, TO ESTABLISH A
LICENSE APPLICATION AND REVIEW PROCEDURE: ENACTING SECTION 4-2-7,
EAGLE CITY CODE, TO ESTABLISH A LICENSE PERIOD AND FEE; ENACTING
SECTION 4-2-7, EAGLE CITY CODE, TO PROVIDE LICENSE CONDITIONS;
ENACTING SECTION 4-2-8, EAGLE CITY CODE, TO AUTHORIZE THE
REVOCATION OF A LICENSE AND TO ESTABLISH A PROCEDURE THEREFOR ;
ENACTING SECTION 4-2-9, EAGLE CITY CODE, TO PROVIDE A PENALTY FOR
VIOLATIONS; RENUMBERING EXISTING SECTIONS 4-2-7 AND 4-2-8, EAGLE
CITY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That Sections 4-2-5 and 4-2-6, Eagle City Code,
be, and the same hereby are, repealed.
Section 2: That a new Section 4-2-5, Eagle City Code, be, and
the same hereby is, enacted to read as follows:
Section 4-2-5: CONTRACT OR LICENSE REQUIRED TO COLLECT
GARBAGE: The City may collect, gather, haul, convey, or
transport garbage and rubbish within the City or authorize by
contract or license independent contractors to perform such
service. It shall be unlawful for any person who is not an
agent, contractor, 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 license. However, any occupant may remove garbage
or rubbish from such occupant's own premises at any time,
provided such removal does not create a public nuisance.
Section 3: That a new Section 4-2-6, Eagle City Code, be,
and the same hereby is, enacted to read as follows:
Section 4-2-6: LICENSE APPLICATION AND REVIEW:
A. Application for License: 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 therefor from the
City. Application for such license shall be made in writing
to the City Clerk on a form provided by the City Clerk
indicating the name, telephone number, and street address of
the applicant, the premises to be served and the number of
vehicles to be used in serving such premises, the schedule
for collection, and the schedule of charges for collection.
Page 1
B. Review of Application: When the City Clerk determines
that an application for a license is complete, the City Clerk
shall present the application to the City Council at its next
regularly scheduled meeting. Upon determining that a need
for the service the applicant proposes to provide exists,
establishing a geographic area for the applicant to serve,
determining that the applicant has a sufficient number of
trained employees and sanitary, serviceable vehicles and
equipment to serve such area, and approving the proposed
schedule for collection and schedule of charges for
collection, the City Council may direct the City Clerk to
issue a license to the applicant.
Section 4: That a new Section 4-2-7, Eagle City Code, be,
and the same hereby is, enacted to read as follows:
Section 4-2-7: LICENSE PERIOD AND FEES: A license
shall be granted for a period of one year. Every person
licensed under the provisions of this Chapter shall pay the
City a license fee of twelve dollars ($12.00) per truck per
month. The license fee shall be payable by the month or as
otherwise provided.
Section 5: That a new Section 4-2-8, Eagle City Code, be,
and the same hereby is, enacted to read as follows:
Section 4-2-8: LICENSE CONDITIONS:
A. Garbage and Rubbish Disposal: A licensee 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 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.
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C. Collection and Fee Schedules: A licensee 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 licensee shall only impose for such service those
fees which are approved by the City Council. During the
first calendar month of each year, each licensee shall
publish a "Schedule for the Collection of Refuse" and a
"Schedule of Charges for the Collection of Refuse", as
approved by the City Council, in the official newspaper of
the City.
Section 6: That a new Section 4-2-9, Eagle City Code, be,
and the same hereby is, enacted to read as follows:
Section 4-2-9: REVOCATION OF LICENSE AND PROCEDURE:
A. Revocation or License: The City Council may revoke a
license if the licensee fails to comply with the license
conditions set forth in Section 4-2-8.
B. Revocation Procedure: The City Council shall proceed in
accordance with the notice and hearing provisions of Title
67, Chapter 52, Idaho Code, in considering the revocation of
a license. A licensee aggrieved by a decision of the City
Council may, within sixty (60) days, seek judicial review
under the procedures provided in Sections 67-5215 and
67-5216, Idaho Code.
Section 7: That a new Section 4-2-10, Eagle City Code, be,
and the same hereby is enacted to read as follows:
Section 4-2-10: VIOLATION AND PENALTY: Any 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.
Section 8: That Section 4-2-7, Eagle City Code, be, and the
same hereby is, amended to read as follows:
Section 4-2 4-2-11: UNLAWFUL DEPOSITS ON PUBLIC WAYS
AND PROPERTY: Except as provided in Subsections 4-2-4B and C
of 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.
Section 9: That Section 4-2-8, Eagle City Code, be, and the
same hereby is, amended to read as follows:
Section 4-2-8 4-2-12: 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 pick-up schedules, as may be
Page 3
necessary to effectuate and facilitate the provisions of this
Chapter.
Section 10: That this Ordinance shall take effect and be in
force from and after its passage, approval, and publication. In
lieu of publication of the entire Ordinance, a summary of this
Ordinance may be published in compliance with Section 50-901A,
Idaho Code.
DATED this 12th day of April, 1988.
CITY OF EAGLE
By
Page 4
Mayor
SUMMARY OF
ORDINANCE NO. 136
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, REPEALING SECTIONS 4-2-5
AND 4-2-6, EAGLE CITY CODE; ENACTING SECTION 4-2-5, EAGLE CITY
CODE, TO REQUIRE A GARBAGE COLLECTOR FOR HIRE TO CONTRACT WITH THE
CITY OR OBTAIN A LICENSE BEFORE COLLECTING GARBAGE WITHIN THE
CITY; ENACTING SECTION 4-2-6, EAGLE CITY CODE, TO ESTABLISH A
LICENSE APPLICATION AND REVIEW PROCEDURE; ENACTING SECTION 4-2-7,
EAGLE CITY CODE, TO ESTABLISH A LICENSE PERIOD AND FEE; ENACTING
SECTION 4-2-8, EAGLE CITY CODE, TO PROVIDE LICENSE CONDITIONS;
ENACTING SECTION 4-2-9, EAGLE CITY CODE, TO AUTHORIZE THE
REVOCATION OF A LICENSE AND TO ESTABLISH A PROCEDURE THEREFOR;
ENACTING SECTION 4-2-10, EAGLE CITY CODE, TO PROVIDE A PENALTY FOR
VIOLATIONS; RENUMBERING EXISTING SECTIONS 4-2-7 AND 4-2-8, EAGLE
CITY CODE; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 136 of
the City of Eagle, Ada County, Idaho, adopted on April 12, 1988,
is as follows:
Section 1: Repeals Sections 4-2-5 and 4-2-6, Eagle City
Code.
Section 2: Enacts Section 4-2-5, Eagle City Code, to
authorize the City to allow by contract or license independent
contractors to collect or haul garbage or rubbish within the City
and to make it unlawful for a person to collect or haul garbage or
rubbish without such a contract or license, unless a person is
collecting or hauling garbage or rubbish from the premises such
person occupies.
Section 3: Enacts Section 4-2-6, Eagle City Code, to
establish a license application procedure, indicating the
information which must be provided in an application, and to
establish a City Council review process, setting forth the factors
which must be considered by the City Council before a license is
granted.
Section 4: Enacts Section 4-2-7, Eagle City Code, to
establish a license period and a license fee.
Section 5: Enacts Section 4-2-8, Eagle City Code, to
establish the conditions a licensee must adhere to, including
providing service in an orderly and timely manner, utilizing
specially constructed vehicles to collect and haul garbage and
rubbish, keeping such vehicles clean, and adhering to the
schedules for collection and charges approved by the City Council.
Section 6: Enacts Section 4-2-9, Eagle City Code, to
establish grounds for revoking a license and to provide a
procedure therefor.
Section 7:
the violation of
punishment.
Section$:
Code, to 4-2-11.
Section 9:
Code, to 4-2-12.
Section 10:
Enacts Section 4-2-10, Eagle City Code, to make
the Chapter a misdemeanor and to provide for
Renumbers existing Section 4-2-7, Eagle City
Renumbers existing Section 4-2-8, Eagle City
Provides an effective date.
DATED this 25th day of April, 1988.
CITY OF EAGLE
By
Mayor
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 136 of the City of Eagle and that the
same is true and complete and provides adequate notice to the
public of the contents of said Ordinance.
DATED this 25th day of April, 1988.
Ci • y Attorney
5�6t,/t
D . f
County of Ada
ss.
State of Idaho §
PROOF OF PUBLICAI iON
8, EAGLE CITY CODE; AND PROM -
Marjorie Ruth Moon, beingfirst dulysworn, on oa ING AN EFFECTIVE DATE
� A summary of the principal provisions
says that she is the principal clerk of The VALLE ofotdinanceNo. l36'ofthecitycfEagle,
Ada County, Idaho, adopted on April 12,
NEWS, a newspaper of general circulation, publish 1988. is as follows:
weekly by Marjorie Ruth Moon, publisher, at Meridia 1: Repeats Sections 4-2-5 and
4-2-6, Eagle City Code.
County of Ada, State of Idaho; Section 2: Enacts section 4-2-5, Eagle
City Code, to authorize the City to allow
That the annexed notice was published in said new by contact or coo eale� license independentrbhaul gaage orcoatrac-
rubbish
within the City andtomake it unlawful for
paper once each and every week for consecuti a pew to collect or haul garbage or
mbbish without such a contract or license,
2 7th unless a person is collecting or hauling
A
garbage orrubbish from the premises such
person es
Ap r i I ,19_j and the last publication being t Euticla Enacts Section 4-2-6, Eagle
City Code, to establish a license applies -
the 2 7th day of Ap r i I , 19 8$ tion procedure, indicating the information
which must be provided in an application,
and to establish a City Council review
That the said newspaper has been published Contin process, sexing font' the factors which
ously and uninterruptedly in said county during a peri(mbefore ust beaa liCOe is se by the City council
bcense is granted.
of more than seventy -a-' CM( OF EAGLE to t Sittaion.4: Enacts Sectiot-4-2-7, Eagle
first publication of the City Code, to establish a license period
and a license fee.
Section 5: Enacts section 4-2-8, Eagle
City Cor: •, to establish the conditions a
licenseee must adhere to, including pro-
viding service in an orderly and timely
manner, utilizing specially constructed
vehicles to collect and haul garbage and
SU •seri . - . and sworr rubbish, keeping such vehicles clean, and
, 19 efi adhering to the schedules for collection
and charges approved by the City Coun-
cil.
Wim,¢: Enacts Section 4-2-9, Eagle
1
weeks, the first publication being on the
SUMMARY OF
ORDINANCE NO. 136
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, REPEALING SEC-
TIONS 4-2-5 AND 4-2-6, EAGLE CITY
CODE; EANACTING SECTION 4-2-5,
EAGLE CITY CODE, TO REQUIRE A
GARBAGE COLLECTOR FOR HIRE
TO CONTRACT WITH THE CITY OR
OBTAIN A LICENSE BEFORE COL-
LECTING GARBAGE WITHIN THE
CITY; ENACTING SECTION 4-2-6,
EAGLE CITY CODE, TO ESTABLISH
A LICENSE APPLICATION AND
REVIEW PROCEDURE; ENACTING
SECTION 4-2-7, EAGLE CITY CODE, b11C
TO ESTABLISH A LICENSE PERIOD
AND FEE; ENACTING SECTION 4-2-
P 8, EAGLE CITY CODE, TO PROVIDE
�' LICENSE CONDITIONS; ENACTING
SECTION 4-2-9, EAGLE CITY CODE,
My commission expir TO AUTHORIZE THE REVOCATION
OF A LICENSE AND TO ESTABLISH
A PROCEDURE THEREFOR; ENACT-
ING SECTION 4-2-10, EAGLE CITY
CODE, TO PROVIDE A PENALTY
FOR VIOLATIONS; RENUMBERING
EXISTING SECTIONS 4-2-7 AND 4 -2 -
Residence:
erearrrrrrr�er
City code, to establish grounds for revok-
ing a license and to provide a procedure
therefor.
Section 7: Enacts Section 4-2-10,
Eagle City Code, to make the violation of
the Chapter a misdeameeanor and to pro-
vide for punishment.
Seff$. Renumbers existing Section
4-2-7, Eagle City Code, to 4-2-11.
Segign.2: Renumbers exiting Section
4-2-8, Eagle City Code, to 4-2-12.
Section 10: Provides an effective date.
DATED this 25th day of April,1988.
CITY OF EAGLE
By Steve Guerber
Mayor
ATTEST:
Barbara Montgomery
City Clerk
CERTIFICATION OF CITY ATTOR-
NEY
I, the undersigned City Auomey for
and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
attached summary of Ordinance No. 136
of the City of Eagle and that the same is
true and complete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED this 25th day of April, 1988.
Mona Dobaran
City Attomey
PUBLISH: Apr. 27, 1988m