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ORDINANCE NO. 2014-03 AN ORDINANCE ENACTING TITLE 4, CHAPTER 4, ARTICLES I-V, GABAGE, REFUSE AND WEEDS, OF THE CODY CITY CODE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Title 4, Chapter 4, Articles I-V, entitled GARBAGE, REFUSE AND WEEDS, are in their entirety, hereby enacted and effective as of June 1, 2014. Chapter 4 GARBAGE, REFUSE AND WEEDS Article I. In General 4-4-1: Definitions 4-4-2: Premises To Be Clean And Orderly; Unreasonable Accumulation Of Materials 4-4-3: Occupied Dwelling, Etc., Prima Facie Evidence Garbage Being Produced; Removal Of Garbage; Accumulations Declared Nuisance 4-4-4: Storing Or Littering, Etc., Garbage Or Refuse In Streets, Gutters, Etc., Prohibited 4-4-5: Inflammable Material 4-4-6: Large Item Pick Up And Tree And Brush Removal 4-4-7: Removal Of Waste 4-4-8: Disposition Of Leaves, Grass Clippings And Metal Objects 4-4-9: Unlawful To Burn Rubbish 4-4-1: DEFINITIONS: For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: COMMERCIAL BUSINESS IN OPERATION: All property used for the purpose of conducting business, either for profit or nonprofit, and is serviced with an electric and/or water meter. Businesses in operation who occupy more than one connected or adjoined properties and are conducting the same business in each may be treated as one business on all properties, and may be subject to only one fee. Vacant properties that are connected and/or adjoined and are owned by the same person or entity shall pay an appropriate fee for each property. GARBAGE: All kitchen refuse, rejected or waste food, meats, fish, fowl, offal, carrion or other refuse accumulation of fruit, vegetable or animal matter that attends the preparation, use, cooking of, or dealing in, or storing of meats, fish, fowl, fruits, vegetables or anything whatsoever which may decompose and become foul, offensive, unsanitary or dangerous to health. REFUSE: All hay, straw, shavings, paper, plastic, ashes, rubbish, containers, boxes, glass, cans, cartons, bottles and residue from the burning or other destruction of all combustible material whatsoever, and any and all other material commonly known as rubbish or refuse of any kind or character, or by any name known, except as herein excluded. RESIDENCE: A dwelling or dwellings of multiple units providing living facilities for one or more persons, including provisions for living, sleeping, eating and/or cooking and/or is provided with an electric and/or water meter. ---PAGE BREAK--- 4-4-2: PREMISES TO BE CLEAN AND ORDERLY; UNREASONABLE ACCUMULATION OF MATERIALS: It shall be the duty of every person, whether owner, lessee or occupant, of any lot, building or premises, including place of business, hotel, restaurant, dwelling house, apartment, townhouses, condominiums, tenement or other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which such premises are legally intended. Any such accumulation is hereby declared to constitute a nuisance, and a nonconforming use of the premises. 4-4-3: OCCUPIED DWELLING, ETC., PRIMA FACIE EVIDENCE GARBAGE BEING PRODUCED; REMOVAL OF GARBAGE; ACCUMULATIONS DECLARED NUISANCE: Occupancy of any residence or any place of business in operation shall be prima facie evidence that refuse or garbage is being produced on such premises. All places of residence or business in operation within the city limits shall have refuse service from the city and pay the applicable charges. Services will only be provided to the legal tenant or legal property owner, unless authorized by the administrative services director, or his/her designee. If a residence is not occupied or commercial business is not in operation, and the electric and/or water meter has been removed, the portion of the bill representing the fee for the Park County landfill may be removed, but a minimum fee of one dumpster or roll-out will be charged to the account holder on a basis. Exceptions: Storage Units, Airport hangars, attached or detached garages or shops where solid waste services are billed on the main residence/commercial account may be exempted from charges if requested and approved by the administrative services director with the concurrence of the public works director, or their designees. Regarding the Storage Units exemption, the City Administrator and/or his/her designee may require garbage collection and payment therefor at the commercial rate for 1x per week. The City Administrator or their designee will require said payment if evidence from the sanitation drivers, with confirmation from the Solid Waste Supervisor, indicates garbage collection services are required. 4-4-4: STORING OR LITTERING, ETC., GARBAGE OR REFUSE IN STREETS, GUTTERS, ETC., PROHIBITED: No hay, straw, shavings, paper, plastic or other combustible materials, sod, grass clippings, weeds, ashes, garbage, bottles, broken glass, nails, tacks, wire, cans, rocks, stones, mattresses or other furniture, or any other refuse, waste materials, or objects shall be placed, thrown, scattered, deposited or swept into any street, gutter, sewer intake, alley, vacant lot, lake, reservoir or other property. Any accumulation of refuse or garbage on any premises outside of city receptacles in the city is hereby declared to be a nuisance and is prohibited hereunder, except for during the large item pick up period, as designated by the governing body. Any person who allows garbage or refuse to accumulate on his/her premises so as to constitute a nuisance or menace to the public health or safety of the inhabitants of the city, shall forthwith be subject to the provisions of Chapter 3 of this title relative to nuisances, and the abatement thereof and the penalties therein provided. 4-4-5: INFLAMMABLE MATERIAL: All paper or other inflammable material, as well as all cartons and boxes, whether of paper, plastic, pasteboard, wood or other material, must be knocked down, must be baled or securely tied in bundles, or when so approved by the street and alley department, must be placed in the trash and garbage receptacles. Exceptions to this regulation will only be permitted during the designated large item pick up periods designated by the governing body. 4-4-6: LARGE ITEM PICK UP AND TREE AND BRUSH REMOVAL: At times designated by the mayor and approved by the governing body, a large item pick up and tree and brush removal program may be available for general cleanup. A. Large Item Pick Up: Generally, the large item pick up will be available between November and March each year. One pick up per month will be allowed per residential customer paying for solid waste services within the city. Eligible items must be placed in the street next to the curb in front of the resident's dwelling. Items shall not be placed in such fashion that blocks other residents' driveways or impedes traffic. The administrative services director, or his/her designee, shall maintain a copy of the current program outlining those items that are eligible for pick up at city hall for citizens to view or receive a copy thereof. ---PAGE BREAK--- B. Trees And Brush: Generally, the tree and brush program will be available from November through March for residential customers paying for solid waste services within the city. Tree limbs must be less than ten inches (10") in diameter. Tree limbs and brush must be stacked in an orderly fashion and placed in the street next to the curb in front of the resident's dwelling. The administrative services director, or his/her designee, shall maintain a copy of the current program outlining the details of the program. The services outlined above will be free of charge during the time periods stated, unless the governing body deems it in the best interest of the city to impose a fee. Requests for services made outside of the time periods stated may be considered by the city, but will be subject to a fee equivalent to the current cost of personnel per hour per each request. 4-4-7: REMOVAL OF WASTE: The owners or persons responsible therefor shall not permit any unnecessary accumulation, and shall be held responsible for the immediate removal of all trash and refuse to the county landfill as follows, unless special arrangements are made with the city, which arrangements shall include both removal of such materials, and the payment to administrative services for such removal: A. Discarded automobile parts, furniture, stoves, etc. B. Establishments dealing in wood, hides or furs, slaughter or packing houses, junkyards, tire shops, auto wrecking yards, etc., shall be kept clean and orderly at all times. Premises shall be kept clear by periodic removal, by the proprietors, of all discarded or removable refuse. C. Christmas tree vendors shall remove all refuse. D. Refuse from billboards shall be removed to the county landfill by the licensed billposters. E. Silt and similar deposits from automobile wash racks shall be removed to the county landfill by the establishments creating such deposits. F. Other than a light spread of manure which may be applied on lawns or gardens for fertilizing purposes, manure shall not be kept on any premises for any purpose, or kept in piles for later use, but must be either plowed under or removed by the owner, occupant or agent. G. All plaster, broken concrete, stone, wood, roofing materials, wire or metal binding, sacks, or loose, discarded or unused materials of all kinds, resulting from the wrecking, construction or reconstruction of any room, basement, wall, fence, sidewalk or building, shall be removed or stored in such manner as not to be scattered about by wind or otherwise, and, as soon as possible, removed, by the person responsible for such work. Such person shall be held liable for any scattering of such refuse upon adjacent property. H. Any accumulation of refuse that is highly explosive or inflammable, which might endanger life or property shall be removed to such place as approved by the city; such removal to be handled by the establishments responsible therefor. I. All other refuse which may be classed as regular accumulation of waste resulting from any factory, warehouse, trade or industry, shall be removed to the county landfill by those responsible therefor. J. Authorized street closures and events, such as a circus, sporting event, festival activity, arts and crafts show or carnival, shall arrange to pay for the removal of all refuse and garbage in connection therewith, at the time the authorization is given. Costs for such services will be recommended by the public works director and approved by the city administrator. 4-4-8: DISPOSITION OF LEAVES, GRASS CLIPPINGS AND METAL OBJECTS: The following rule shall be complied with in placing the following items for collection and removal: A. All leaves and grass shall be bagged and placed within the receptacle for collection. In certain residential locations, at the sole discretion of the City Administrator or his/her designee, the City ---PAGE BREAK--- shall provide receptacles marked “yard waste”. In locations where these receptacles are provided, yard waste shall not be bagged, but shall be deposited directly into the container. In these locations, if Solid Waste (domestic garbage) is found to be mixed with “yard waste” the containers will not be collected until the standards solid waste collection day and the resident will be charges an extra collection charge as outlined in 4-13-4-C. Yard waste containers will only be collected from May 1 – October 31. B. All metal objects, excluding and excepting tin cans, aerosol cans and similar type objects which are common household refuse, shall be removed to the county landfill by those responsible therefor. 4-4-9: UNLAWFUL TO BURN RUBBISH: It shall be unlawful for any person to burn rubbish, garbage, refuse or any waste, combustible substances or materials within the city limits. It shall be unlawful for any person to burn papers, leaves, brush, grass or any untreated wood products without a burn permit. Article II. Receptacles 4-4-10: Receptacles Required; Specifications, Etc. 4-4-11: Restaurants, Boarding Houses, Etc., May Be Required To Keep Garbage In Separate Containers 4-4-10: RECEPTACLES REQUIRED; SPECIFICATIONS, ETC.: The city, as part of its refuse and garbage collection, shall furnish a receptacle for the regular deposit of garbage and refuse as herein required. No such receptacle shall be allowed to overflow and be so constructed that refuse may be blown or scattered about in any way. All garbage and refuse shall be deposited in such receptacles, bagged and kept in no other place. 4-4-11: RESTAURANTS, BOARDING HOUSES, ETC., MAY BE REQUIRED TO KEEP GARBAGE IN SEPARATE CONTAINERS: Restaurants, or other establishments where the accumulation of garbage is especially great, shall be required by the public works director to bag such garbage. Article III. Collection And Removal 4-4-12: Removal Of Certain Garbage And Grease Under Special Contract 4-4-13: Fee Schedule 4-4-14: Payment Of Bills 4-4-15: Use Of Receptacles By Nonresidents Prohibited 4-4-12: REMOVAL OF CERTAIN GARBAGE AND GREASE UNDER SPECIAL CONTRACT: Certain garbage or grease shall be removed from specified establishments under special contract with the owners of such establishments and private contractors. Said garbage and grease shall be kept in closed sanitary containers, apart from other refuse, and taken out of the city on a routine basis. Such removal shall be made in closed, watertight containers approved by the city. 4-4-13: FEE SCHEDULE: There is hereby levied and assessed a service charge against persons and/or businesses in the city requiring garbage and debris disposal as outlined in section 4-4-3 of this chapter, for all bills generated after June 1,2014, as follows: A. For a residence, there shall be a basic minimum charge as follows: RESIDENTIAL RATES ---PAGE BREAK--- City Solid Waste County Landfill Fee Fee1 Dumpster $13.07 $8.72 $21.80 1 roll-out container $13.07 $8.72 $21.80 2 roll-out containers $16.15 $9.96 $26.10 3 roll-out containers $21.68 $14.47 $36.15 Note: 1. In addition, there shall be a basic minimum charge of $1.30 for recycling operations regardless of the user's production and usage of recycling services. B. For all commercial businesses, the city shall assess a basic minimum charge as provided below. If a user requires different combinations of services or the city determines the user's production and usage requires a different combination of services, the charges shall be as follows: COMMERCIAL RATES Collections Per Week City Solid Waste County Landfill Fee Fee1 1 Dumpster 1 $30.12 $20.10 $50.21 2 $57.52 $38.39 $95.91 3 $85.23 $56.88 $142.11 4 $112.33 $74.97 $187.30 5 $140.04 $93.46 $233.50 6 $167.74 $111.94 $279.69 2 Dumpsters 1 $57.52 $38.39 $95.91 2 $112.63 $75.17 $187.80 3 $167.74 $111.94 $279.69 4 $222.91 $148.76 $371.67 5 $277.67 $185.30 $462.97 6 $332.78 $222.08 $554.86 3 Dumpsters 1 $85.23 $56.88 $142.11 2 $167.74 $111.94 $279.69 3 $250.26 $167.01 $417.27 4 $332.78 $222.08 $554.86 5 $415.29 $277.15 $692.44 6 $497.81 $332.22 $830.03 4 Dumpsters 1 $112.63 $75.17 $187.80 2 $222.85 $148.72 $371.58 3 $332.78 $222.08 $554.86 4 $443.00 $295.64 $738.64 5 $552.92 $368.99 $921.91 6 $663.14 $442.56 $1,105.70 5 Dumpsters 1 $140.04 $93.46 $233.50 2 $277.67 $185.30 $462.97 3 $415.29 $277.15 $692.44 4 $552.92 $368.99 $921.91 5 $690.55 $460.84 $1,151.39 6 $828.18 $552.69 $1,380.87 6 Dumpsters 1 $167.74 $111.94 $279.69 2 $332.78 $222.08 $554.86 ---PAGE BREAK--- 3 $497.81 $332.22 $830.03 4 $663.14 $442.56 $1,105.70 5 $828.18 $552.69 $1,380.87 6 $993.21 $662.83 $1,656.03 7 Dumpsters 1 $195.15 $130.23 $325.38 2 $387.58 $258.66 $646.24 3 $580.02 $387.08 $967.11 4 $772.76 $515.71 $1,288.47 5 $965.20 $644.14 $1,609.34 6 $1,157.64 $772.56 $1,930.20 8 Dumpsters 1 $222.85 $148.72 $371.58 2 $443.00 $295.64 $738.64 3 $662.84 $442.35 $1,105.20 4 $882.99 $589.27 $1,472.26 5 $1,103.43 $736.39 $1,839.82 6 $1,323.28 $883.10 $2,206.38 Note: 1.In addition, each commercial or business establishment shall be assessed a basic minimum charge of $4.40 for recycling operations, regardless of the number of dumpsters the commercial entity is billed for on a basis, and regardless of the user's production and usage of recycling services. C. Optional Small Commercial and Miscellaneous Service Rate: Any commercial or business establishment that is unable to utilize the dumpsters/roll-outs provided by the City due to the type of waste produced such as, but not limited to carpet, carpet pads, construction debris, or other materials not authorized to be placed within a dumpster, the commercial or business establishment may request from the City Administrator and/or his/her designee to determine if the commercial or business establishment is suitable to be accessed a basic minimum charge as provided under the residential rates. The business establishment must be able to show proof of contract with another solid waste provider to handle their primary waste products. The Optional Small Commercial and Miscellaneous Service Rate will only be offered to those businesses and establishments that can provide proof that the containers provided by the City cannot be utilized. D. Any person or commercial or business establishment requiring garbage and debris pick up where the dumpsters and/or roll-out containers are not readily accessible from the alley or a street shall be charged an additional fee of fifteen dollars ($15.00) for each pick up. If a person or commercial business establishment fails to put out a dumpster or roll-out container in time for a regularly scheduled pick up and they require a special pick up, a charge of fifteen dollars ($15.00) shall be paid. All requests for pick up made after two o'clock (2:00) P.M. will be charged an additional fifteen dollars ($15.00), for a total of thirty dollars ($30.00) per pick up if a crew is available for the pick-up request. If there is no availability of a crew for pick up and the request is made after two o'clock (2:00) P.M., the request will not be fulfilled until the next business day. E. Any person or business using a roll-out container shall place the same at the curb area immediately in front of the user's property not more than twelve (12) hours before a scheduled pick up and shall remove same to the user's property away from the street to a protected area within twelve (12) hours of a scheduled pick up. Violations of this section shall be punished pursuant to section1-4- 1 of this code. 4-4-14: PAYMENT OF BILLS: All bills for the rates and charges of all utility services furnished by the city shall be due fifteen (15) days from the billing date. All bills shall be delinquent on the sixteenth day thereafter. Delinquent procedures shall commence after the thirty fifth day after the bill date. The city reserves the right to disconnect other metered utilities servicing the same property, such as water and/or electric, on the forty fifth day after the bill date, or on the next scheduled disconnect date. There will be no exception for businesses that have third party contractual agreements with other companies to pay bills for solid waste services. In the case of extreme hardship, customers may request an adjustment/agreement to make payments with the director of administrative services, or his/her designee. All provisions ---PAGE BREAK--- regarding the payment of bills and fee structures as outlined in Title 8, Chapter 1, "Electricity", of this code will be applicable to this chapter. 4-4-15: USE OF RECEPTACLES BY NONRESIDENTS PROHIBITED: It shall be unlawful for any individual to bring garbage which is generated or accumulated outside the city limits of the city into the city and dump the same at any place, or to place the same in a receptacle that has been provided for the use of individuals or businesses within the city paying for garbage collection services. This prohibition shall not apply to those who are paying for residential or commercial garbage collection services within the city. Any individual found violating this provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished and/or fined as provided in section 1-4-1 of this code. Article IV. Weeds 4-4-16: Purpose; Violation A Fire Hazard And Nuisance 4-4-17: Weeds To Be Mowed And Removed 4-4-18: Liability For Enforcement; Notice To Comply 4-4-19: City May Have Weeds Cut; Cost Constitutes Lien On Property 4-4-20: Penalty 4-4-16: PURPOSE; VIOLATION A FIRE HAZARD AND NUISANCE: The purpose of this article is primarily to safeguard the health of this community. Violation of this article is also deemed to constitute a fire hazard and a nuisance. 4-4-17: WEEDS TO BE MOWED AND REMOVED: It shall be the duty of the owner, lessee or occupant, having control of any lot or premises, to mow or otherwise destroy and remove the weeds that may grow upon such lot or premises, as well as upon the parking space between such property and the street, and also upon that portion of the alley adjoining such premises. 4-4-18: LIABILITY FOR ENFORCEMENT; NOTICE TO COMPLY: The city requires compliance with this article. The owner, lessee or occupant of any premises shall be held liable for such compliance; and if such person shall refuse or fail to destroy and remove any weeds upon any premises under his/her care and control, he/she shall be served with verbal or written notice requiring removal of such weeds within three days from the date of such notice. 4-4-19: CITY MAY HAVE WEEDS CUT; COST CONSTITUTES LIEN ON PROPERTY: Upon failure to comply with notice as mentioned in section 4-4-18 of this chapter, the city may have such weeds destroyed and removed, charging the cost thereof as a special bill for refuse removal. Should such bill not be paid within thirty (30) days of invoice, the same shall become a lien against such property, and collectible as such. 4-4-20: PENALTY: Any person found guilty of violating any provision of this chapter shall be punished as provided in section 1-4-1 of this code for each offense. Punishment as herein required shall not relieve such violator from paying the expense of the city hereinbefore provided for. Article V. Vehicles Transporting Loose Materials 4-4-21: Covered Cargo Required 4-4-22: Duty Of Owner Of Truck Or Vehicle 4-4-23: Prima Facie Evidence 4-4-24: Penalty ---PAGE BREAK--- 4-4-21: COVERED CARGO REQUIRED: It shall be unlawful for any person to transport any loose cargo by truck or other motor vehicle within the corporate limits unless such cargo is covered or secured in such manner as to prevent depositing of litter on public and private property. 4-4-22: DUTY OF OWNER OF TRUCK OR VEHICLE: The duty and responsibility imposed by section 4-4-21 of this chapter shall be applicable alike to the owner of the trucks or other vehicles, the operator thereof and the person from whose residence or establishment the cargo originated. 4-4-23: PRIMA FACIE EVIDENCE: In the prosecution charging a violation of section 4-4-21 of this chapter, lack of adequate covering or securing shall in itself constitute proof a violation has been committed. 4-4-24: PENALTY: Any person found guilty of violating any provision of this article shall be punished as provided in section 1-4-1 of this code. Any individual found violating this provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished and/or fined as provided in section 1-4-1 of this code. Footnote 1: WS § 35-10-101 et seq. Footnote 2: WS § 15.1-3(19). This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: ___April 1, 2014_____ PASSED ON SECOND READING: ___April 15, 2014____ PASSED ON THIRD READING: ___May 6, 2014_____ Nancy Tia Brown, Mayor Attest: Baker Administrative Services Director