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037 of 1987 - Garbage and Refuse ' 0 87-1 0 87-13 r SALT LAKE CITY ORDINANCE APPROVED FOR No. 3 7 of 19 V I � I NG (Garbage and Refuse) • P v � RECORDER'S OEElCE AN ORDINANCE AMENDING AND ENACTING CERTAIN SECTIONS OF SECTION 18-2-1, ET SEQ., OF THE REVISED ORDINANCES OF SALT LAKE CITY,UTAH, 1965,RELATING TO GARBAGE AND REFUSE. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That sections of Chapter 2 of Title 18 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to Garbage and Refuse are amended and enacted to read as follows: Sec. 18-2-1. Jurisdiction of board of health. Sec. 18-2-2. Definitions. * * * (1) Agricultural Waste. "Agricultural waste" shall mean the manure or crop residues from various agricultural pursuits, including, but not limited to dairies and the raising of livestock and poultry. (2) Apartment House. (3) Bulky Waste. 'Bulky waste" shall mean large items of solid waste, including, but not limited to appliances, furniture, motor vehicles, tires, branches, and stumps. (4) Cinders. (5) Collector. "Collector" shall mean any person who collects or transports solid waste. (6) Community waste. "Community waste" shall mean lawn cuttings, clippings from bushes and shrubs, leaves, sweepings from yards, tin cans, newspapers, magazines, and cardboard cartons (but not bulky waste or construction and demolition waste.) (7) Construction and Demolition Waste. "Construction and demolition waste" shall mean waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on houses, commercial buildings, structures, or pavements. (8) Garbage. "Garbage" shall mean the animal and vegetable waste or other food refuse resulting from handling,preparing, cooking or consumption of food. (9) Hazardous Waste. "Hazardous waste" shall mean: (a) Any solid or hazardous waste designated as such by the U. S. Environmental Protection Agency or a combination of solid wastes that because of its quantity, concentration,physical, chemical, or infectious characteristics may: (1) Cause or significantly contribute to an increase in mortality or an increase in serious illness in humans; or (2) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed. (10) Market Waste. (11) Owner. "Owner" shall mean any person who alone, jointly, or severally with others: (a) has legal title to any premises, dwelling, or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or (b) is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. (12) Person. "Person" shall mean any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the State or its departments, institution, bureau, agency, county, city, political subdivision,or any other legal entity recognized by law. (13) Night Soil. * * * (14) Place of Business. (15) Public Buildings and Places. -2- (16) Residences. (17) Solid Waste. "Solid waste" shall mean garbage, refuse, trash, rubbish, hazardous waste, industrial waste, construction and demolition waste, dead animals, sludge, liquid or semiliquid waste; other spent, useless, worthless, or discarded materials or materials stored or accumulated for the purpose of discarding; materials that have served their original purpose; or waste material resulting from industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational, or community activities. It does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Chapter 11, Title 26, Utah Code Annotated, 1953, (as amended) or under the Federal Water Pollution Control Act, 33 U.S.C., Section 1251, et seq. (18) Stove Ashes. (19) Trade Waste. (20) Waste Disposal Contractor. Sec. 18-2-3. Collection by City from residences. The City will provide for the collection and disposal, at the expense of the property owner, of garbage, community waste, stove ashes, and other such refuse from the below designated residences, and churches, as provided for herein, but not from places of business, apartment houses, or public buildings. Said collection shall be under the supervision of the department of public works pursuant to the following: (1) Owner Responsible for Charges. Except where water, sewer and garbage service to the owner's premises is properly terminated or the owner notifies in writing the Director of Public Works that owner's garbage will be picked up by a private collector, the owner of every premises described in subparagraph (2) below shall be responsible and liable for the below enumerated monthly charges for garbage service. The charge for such service shall be billed with the City's regular water and sewer billings to such dwelling units as the Department of Public Utilities has records, and directly to the -3- address of all other such premises provided by the Director of the City's Department of Public Works. In those instances where the water and sewer bill is currently being sent to a tenant at the owner's request,the garbage service will be similarly billed. However, the owner will pay for all garbage service furnished such tenant, or any other occupant of the premises named in the Department of Public Utilities application in case such tenant or occupant shall fail to pay the same. (2) Garbage pickup charges. Monthly charges for garbage pickup service provided by City shall be based on the number and type of dwelling unit from which garbage is collected, as follows: (a) Single family dwelling unit $ 4.00 (b) Duplex family dwelling unit $ 8.00 (c) Triplex family dwelling unit $12.00 Additional garbage cans (d) for minimum of six months each $ 2.00 (3) Billing. (a) Periodic Billing Statements. The Department of Public Utilities shall cause billings for garbage collection to be rendered periodically at rates established in this chapter. In the event partial payment is made on a combined bill, the payment shall be applied first to franchise fees due, and then to each service on a pro rata basis as determined by the Director of Public Utilities. (b) Delinquency. Fees and charges levied in accordance herewith shall be a debt due to the City. If this debt is not paid within thirty(30) days after billing it shall, at the option of the Director of Public Utilities, be deemed delinquent and subject to recovery in a civil action for which the City may recover reasonable attorney's fees, and/or said department shall have the right to terminate water, sewer and garbage collection services to said premises. Any uncollected amount due from the owner on any inactive, terminated or discontinued account may be transferred to any active account Linder the owner's -4- name and upon failure to pay said bill after at least five (5) days prior written notice, water, sewer and/or garbage collection services to that account and premises may be discontinued. (c) Restoration of Service. Water, sewer and garbage service shall not be restored until all charges shall have been paid. (4) Deposits Required From Nonowners. All new water, sewer and garbage collection service users who are not the owners of the premises shall pay to the Department of Public Utilities for deposit with the City Treasurer an amount sufficient to cover the cost of garbage collection services which may accumulate. The amount deposited shall be not less than twice any monthly or bi-monthly bill for garbage collection over the preceding year on such premises, but in no case shall it be less than $10.00. The Department of Public Utilities shall issue a certificate of deposit. The amount deposited shall be refunded by the City Treasurer to the holder upon the surrender of the certificate properly endorsed, provided all garbage bills and other charges are paid. All bills for garbage service must be paid promptly without reference to said deposit. Whenever any user of garbage collection services shall have failed to pay for garbage services rendered to such premises, the money deposited or any part thereof may be applied to the payment of such delinquent bills by the Department of Public Utilities. The owner of the premises will be required to pay the remainder. (5) Abatement. Those owners, each year, granted indigent abatement for taxes on their dwelling by Salt Lake County Under Section 59-7-2, Utah Code Annotated, shall be granted a fifty percent (50%) annual abatement of the above garbage pickup charges. (6) Enterprise Fund. All funds received from such garbage services shall be placed in the garbage enterprise fund and left separate and apart from all other city funds. The collection, accounting and expenditure of all garbage funds shall be in accordance with existing fiscal policy of the city. -5- Sec. 18-2-4. Waste Disposal Contractor. License and permit required. Sec. 18-2-5. Id. Inspection of vehicles required. Sec. 18-2-6. Id. Vehicle requirements. * * * Sec. 18.2-7. Failure to comply with regulations prohibited. Sec. 18-2-8. Unlawful to place on streets or premises. It shall be unlawful for any person, owner or occupant of any premises or vacant property to deposit or cause or permit to be deposited or to allow to remain deposited thereon, any garbage, market waste, stove ashes, trade waste, or any other similar refuse in or upon any street or alley, or upon any premises in Salt Lake City without express permission from the board of health. Sec. 18-2-9. Permit required to use on property. Sec. 18-2-10. Removal of dead animals and condemned food by contract. The Mayor or his designee may contract with a person or corporation to remove from the corporate limits of Salt Lake City any animal found dead within the city, or any meat, fish or poultry duly condemned as unfit for human food, by inspectors acting under the board of health, and to have the exclusive right to receive dead dogs and cats from the city or other person at any place designated thereby for receipt of such. Such contractor shall remove and properly dispose of all such without charge to the city. Sec. 18-2-11. Report of dead animals required. * * * Sec. 18-2-12. Accumulation of waste material prohibited. Sec. 18-2-13. Regulations relating to pullman cars. * * * Sec. 18-2-14. Refuse containers - specifications. This section shall apply only to collections made by the City or a private contractor working for the City. Unless provided by the City, refuse containers shall be provided by the owner, tenant, lessee, or occupant of any residence. In the event any container that does not conform to the provisions of this section is set out for collection, the collector shall have the authority to deny collection services for such container. Any container not meeting the requirements -6- of this section will be tagged by the collector and shall not be used again, but shall promptly be replaced by the user thereof. Containers must meet the following specifications: (1) Reusable containers for manual collection: (a) (b) (c) (d) (e) The following shall not be considered reusable containers: G.I. cans, washtubs, cut down drums, cardboard canisters, buckets, baskets, trash compactor buckets, and, if used, shall be tagged and if used again, shall be removed. (2) Non-reusable containers for manual collection: (a) (b) (c) Wooden boxes, barrels and other similar containers must have a maximum capacity of 30 gallons and weigh not more than 40 lbs. when filled. (d) (3) Non-containerized items (bundles)for manual collection: (a) Non-containerized items must be securely tied in bundles which shall not exceed 18 inches in diameter, more than 50 inches in length or weigh more than 40 lbs. Empty boxes shall be tied in bundles less than four feet square and weigh less than 40 lbs. (4) Automated containers: (a) Automated containers shall be made available by the city, and shall be made from durable plastic with a close fitting lid and shall be designed for collection by automated refuse collection vehicles. These containers shall be of such durability that they will be warranted for a minimum of five years of normal use. -7- (b) Damage to said container caused by hot ashes, clinkers, hot oil or any other material or substance that cuts, melts or ignites the container or other materials shall be paid for by Owner. (c) No rocks, dirt or concrete, shall be placed in automated containers. (d) Residences using automated containers shall place all material to be collected within the container or containers. No cans, boxes, barrels, or bundled refuse other than that contained in the automated containers shall be collected. There is no limit on the number of automated containers that may be obtained from the city and then placed out for collection. (e) The first automated container shall be supplied without charge. Other than the uniform refuse collection fee imposed to all eligible city residences, additional containers shall be supplied upon request at such additional charge as set forth elsewhere in these ordinances. Sec. 18-2-14.1. Regulations relating to churches. Sec. 18-2-15. Closed garbage containers required. All garbage and market waste must be placed in rain-proof and fly-proof receptacles, either a metallic container with proper covers or weather-resistant paper bags specifically for use in garbage and refuse collection having a method of closing the bag tightly, and shall at all times be kept securely closed, and shall be kept in such place and in such manner as to prevent offense. When automated refuse containers are being used, they shall only be filled to a level that permits the lid to close. Sec. 18-2-16. Regulation for collection by city. Sec. 18-2-17. Materials not collected. (1) * * * (2) (3) * * * -8- (4) (5) * * * Sec. 18-2-17.1 Material requiring special preparation. Sec. 18-2-18. Unlawful to place loose material on street. It shall be unlawful for any person to place or cause to be placed upon any street or alley for the purpose of collection or otherwise any loose paper, excelsior or similar trade waste. All such trade waste must be baled or placed in sacks securely tied or otherwise containerized, as directed elsewhere herein, before collection is made. Sec. 18-2-19. Befouling gutters and ditches prohibited. Sec. 18-2-20. Polluting water with animals or fowl prohibited. Sec. 18-2-21. Abuse of receptacles by collectors prohibited. * Sec. 18-2-22. Disposition of night soil. * * * Sec. 18-2-23. Burning of refuse prohibited. Sec. 18-2-24. Cleaning of premises required upon vacating. * Sec. 18-2-25. Permits for emptying vaults,cesspools,sinks and privies. Sec. 18-2-26. Report by collector required. Sec. 18-2-27. Spilling garbage unlawful. Sec. 18-2-28. Approved vehicle required. Sec. 18-2-29. Loaded vehicle standing on street prohibited. Sec. 18-2-30. Covering of vehicle required. Sec. 18-2-31. Dumping refuse prohibited. Sec. 18-2-32. "No dumping" signs. * * * Sec. 18-2-33. Limitation upon dumping. Sec. 18-2-34. Dumping fee required. Sec. 18-2-35. Fees for dumping. * * Sec. 18-2-36. Payment - bond required. Sec. 18-2-37. Unauthorized collection. -9- > M SECTION 2. This Ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City,Utah, this 9th day of JUNE , 1987. CHA:RdERSON ATTEST: 'e. 12, 10 CT . n9 OWMR Transmitted to Mayor on June 10, 1987. Mayor's Action: x Approved. Vetoed. At(,W,d- & MAYOR ATTEST: ClTY RE ER SEAL Bill 37 of 1987 Published June 19., 1987. RLMpp 1437d ;dry - -10- i