Loading...
HomeMy WebLinkAboutA002 - Council Action Form dated August 12, 2003 Item # 300 Date: August 12, 2003 COUNCIL ACTION FORM SUBJECT: ORDINANCE REVISING REGULATIONS PERTAINING TO GARBAGE AND REFUSE BACKGROUND: At the June 10, 2003 meeting, Council directed staff to develop an ordinance to require garbage to be placed in "hard covered" containers with tightly fitting lids. The direction to the City Attorney was the result of discussions concerning problems with over occupancy. Disposal of waste is addressed in two chapters of the City Code. The first is Chapter 10 (Garbage and Refuse) and the second is Chapter 13 (Rental Housing). Chapter 10 defines garbage, refuse, and yard waste, as well as provides for the containers and frequency of disposal. It is important to note the definitions. Garbage means every waste accumulation of animal, fruit, or vegetable matter, liquid or otherwise that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, or vegetables, and including tin cans or similar food containers. Refuse means all other miscellaneous waste materials, except yard waste not specifically defined as garbage. The proposed ordinance changes to Chapter 10 (note the attachment) include a more detailed description of the acceptable containers that garbage may be placed in. The revision specifically states that the garbage container must be "a water-tight and tightly closed hard receptacle that cannot be ripped open by birds or beasts. Setting out garbage in plastic bags or paper sacks is prohibited. Containers that shed water when their lids are completely closed shall satisfy the requirement for a water tight container." The last sentence was included to react to dumpsters at apartment complexes that are not completely water-tight. Based on the proposed change, garbage cannot be placed in a plastic bag, but refuse can be placed out for disposal in a bag. Refuse would generally include items such as paper and plastic products not related to food preparation, cardboard boxes, broken furniture, and clothing. Refuse is material that will not generally attract birds or beasts and thus does not require a hard receptacle. The second proposed change to Chapter 10 involves the time that garbage, yard waste, or refuse may be kept on a property. The existing regulation is ten (10) days and the proposed change is to seven (7) days. This reflects the minimum level of service that is required by licensed haulers. Yard waste may be retained longer if it is being composted. The final proposed change to Chapter 10 involves the fines. Currently, all fines are municipal infractions punishable by a $500 fine for the first violation and $750 for each subsequent violation. The proposed change would add a $200 fine for the initial violation of Sections 10.3,10.4, and 10.5. The second fine would be $500 and subsequent violations thereafter would be $750. Section 10.3 deals with the type of container; Section 10.4 addresses the fact that the householder or the occupant shall furnish the container; and 10.5 deals with preventing over-filling of the receptacle so as to prevent the lid from fitting tightly. Staff felt that the initial fine for these violations should be less than the $500 required for the other more serious offenses of Chapter 10. In addition to Chapter 10, The Rental Housing Code (Chapter 13) contains provisions pertaining to waste disposal. The initial proposed change to Chapter 13 is to align the terminology with Chapter 10. Currently, garbage is generally defined the same, but the term rubbish is used in the same manner as refuse in Chapter 10. To be consistent, the definitions are exactly the same and the term rubbish is being replaced in section 13.3 and section 13.27 with refuse. Section 13.38 deals with owners and occupants responsibilities and subsection (1) (m) speaks specifically that the owner shall furnish the receptacles in accordance with Chapter 10. The final proposal in the ordinance involves a January 1, 2004 implementation date in order to allow an information and education campaign to be accomplished. It should be noted that enforcement activities will occur based on complaint only. Staff time does not allow proactive enforcement. Staff will initially work with the involved individuals to educate them and convince them about the correct methods to use in garbage disposal. If solid waste is placed in plastic bags and set out at the curb and a complaint is received, a staff member will respond. If the bag is not torn open or garbage visible, the bag will be assumed to contain refuse not garbage. This process will prevent unnecessarily causing problems for residents who do set refuse out for collection in plastic bags. In addition, it is important to note that staff expects to provide a grace period during August and May for large roll-off containers that do not have lids. Large volumes of refuse and bulky waste being thrown away as rental agreements turnover and University classes are completed characterize these times. During the two-week period surrounding those events, time will be given for the private haulers and Resource Recovery operations to handle the large work volume. Staff did not include requirements that the lids to the garbage receptacles had to be attached since fugitive lids have not been a noted problem. In addition, no specific time limits were added to the time that garbage receptacles can be placed out on the public way for disposal. Since the person setting out the receptacles is not responsible for disposal, it would not be appropriate to regulate that time frame. ALTERNATIVES: 1. Approve the attached ordinance modifications to Chapters 10 and 13, which deal with garbage receptacles, responsibility for placement, and a reduced fine structure ($200, $500, $750) for failure to comply with the regulations. In addition, an implementation date of January 1, 2004 is included. 2. Approve the attached ordinance modifications to Chapters 10 and 13, which deal with garbage receptacles, responsibility for placement, but maintain the current fine structure ($500, $750) for failure to comply with the regulations. In addition, an implementation date of January 1, 2004 is included. 3. Reject the proposed changes in the ordinance and direct staff to modify the proposal. MANAGER'S RECOMMENDED ACTION: It is recommended by the City Manager that the City Council accept alternative number one above and approve the attached ordinance modifications to Chapters 10 and 13 which deal with garbage receptacles, responsibility for placement, and a reduced fine structure ($200, $500, $750) for failure to comply with the regulations. In addition, an implementation date of January 1, 2004 is included. COUNCIL ACTION: