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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Safety and Health Item: Removing extraterritorial jurisdiction of the garbage ordinance Date: September 2, 2009 Prepared by: Pam Walzer Initiated by: Pam Walzer Action Required: Adopt an ordinance amending Missoula Municipal Code Title 8, entitled "Health and Safety," Chapter 8.28, entitled "Garbage and Rubbish" by amending Section 8.28.020, entitled "Jurisdiction" to remove the extraterritorial jurisdiction and to limit the jurisdiction to within city limits.. Recommended Motion: I move the City Council set a public hearing on DATE TBD to remove the extraterritorial provisions of Missoula Municipal Code Title 8, entitled "Health and Safety," Chapter 8.28, entitled "Garbage and Rubbish" Timeline: Referral to committee: September 2, 2009 Committee discussion: TBD Council acts to set hearing: TBD Public Hearing: TBD Deadline: None Background and Alternatives Explored: The City of Missoula enacted Ordinance 2096 §8,1979 to manage garbage and rubbish. Section 8.28.020 has the jurisdiction for this ordinance apply to all areas within the city and to all areas within four and one-half miles radius of the city limits. Per MCA 7-4-4306, municipalities have the authority to enact rules to protect health, safety and welfare to include areas up to 5 miles outside of the city limits. Such extraterritorial regulations must be approved by the local Board of Health and the Board of County Commissioners. Any amendments to an ordinance that affects persons outside of the corporate limits of the city must also be approved by the B of H and the BCC. In 1994, the BCC enacted County-wide Health Code Regulation 3, Solid Waste, dictating the management of solid wastes. The City regulations closely mirror the County regulations. As such, it is no longer necessary for the City to have extraterritorial jurisdiction to ensure the health and safety of City residents. The extra steps to amend the City's garbage ordinance make amending cumbersome. Should the Council approve the removal of these extraterritorial powers, the matter will be placed before the BCC and B of H. Financial Implications: Cost savings of staff time not required to prepare and record for hearings with the Board of Health and the Board of County Commissioners. Attachments: Draft ordinance: Draft garbage ord - extraterritorial powers