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Home My WebLink About2689CITY OF KENT, WASHINGTON ORDINANCE NO. C26489 � SAN ORDINANCE of the City of Kent, Washington, eelating to public health and sanitation; amending A �qol Chapter 7.08 Kent City Code relating to garbage. +- THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 7,08 Kent City Code, is amended as follows: CHAPTER 7.08 5cl ()� GARBAGE $. 7.08.010. DEFINITIONS. As used in this Chapter, the 1'0 ,p�� following definitions apply: �, ( ( �a}--"seat�ae€-'-x�eaas-the-ag�eet�eat-wl�iek-is-ia-a€€eet �� at-the-tune-between-tine-Citg-a€-I�eAt-4Eity}-anal-a-pr�vate eeatraete�-€e�-tl�e-ee�leetiee-aad-dispesa�-a€-garbage,-�e€use: �n 1 aad-etl�e�-waste) ) 30� c A. 81.77 RCW to engage in the business of operating as both a garbage and refuse collection company in areas including all or part of the City of Kent. 67 �� B. "Detachable container" means any garbage container X compatible with the ((eentEaeter's)) collection company's 1pequipment that is not a garbage can, garbage unit, or mobile �U toter. 0 n' C. "Garbage" means all accumulations of refuse, swill, and other waste matter discarded as of no further value to the owner. Ly 1. "Refuse" means waste matter discarded as of no further value, including ashes, cinders, clinkers, lawn cuttings, grass and leaves, broken -up household furnishings and equipment, discarded hot water tanks, bottles, barrels, cartons, shrubs, small trees, small tree limbs, paper and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, broken concrete, plaster, brick and other building materials, automobile bodies, large auto parts, building waste, fire refuse and waste. 2. "Swill" means all accumulations of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "garbage" excludes manure, sewage and sewage sludge, dead animals over fifteen pounds, and cleanings from public and private catch basins, wash racks or sumps. Disposal of matter excluded from the term "garbage" shall be as otherwise provided by law. D. "Garbage can" means a watertight, galvanized, sheet metal, raised -bottom container or suitable plastic container not exceeding four cubic feet or thirty-two gallons in capacity, weighing not over twenty-two pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. E. "Garbage units" means secure and tight bundles, none of which shall exceed three feet in the longest dimension and shall not exceed seventy-five pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or in securely tight cartons or other receptacles able to be reasonably handled and loaded by one person onto a collection vehicle. F. "Mobile toter" means a movable container which holds at least eighty-five gallons or one hundred eighty pounds of refuse, with a hinged -lid with tight ((lateh)) fit, thick-skinned one-piece balanced weight body which sets on ((twelve-iae�i-sel€-lxb�ieatiag-w�ieels-with-seu�lpae�x�atle)) tires, which will be picked up at curbside with hydraulic dumpster. G. "Person" means every person, firm, partnership, association, institution, or corporation in the City of Kent accumulating garbage requiring disposal. The term shall also mean the occupant and/or the owner of any premises for which service herein mentioned is rendered. H. ((-L'Dump-Fee-'-means-these-aetaal-eharges-paid-by-the eeat�aete�-€e�-d�mplag-garbage-at-aa-agp�eved-site-plus-a-eity eve�i�ead-el�a�ge-eexslsteatllr-aglalied-te-tke-B�mp-Fee-pe�tien-e€ all-gaEbage-seNviees,-)) "W.U.T.C." means the Washington Utilities and Transportation Commission. 7.08.020. GARBAGE COLLECTION BY ((GABITRAGT)) COLLECTION COMPANY. A. Garbage collections shall be made by ((the-Glty-e€ Dent-e�-by-a-g�ivate-eext�aete�:-p��saae.t-te-tke-awa�diag-e€-a eentraet-bg-the-Glty-Ceunell)) garbage and refuse collection companies as authorized by the Washington Utilities and Transortation Commission, pursuant to chapter 81.77 RCW. B. It shall be unlawful for any person, other than those duly authorized by the ((Glty-Geunell)) W.U.T.C., to haul garbage through the streets of the City or to dump garbage, provided, that those commercial and industrial business establishments having permits to haul their own garbage and refuse may continue to haul such garbage by annual permit. Renewal permits shall be issued by the City Clerk upon application and payment of the annual permit fee. The annual permit fee shall be: Permit holders hauling less than one hundred fifty tons of garbage per month, one hundred dollars. Permit holders hauling greater than one hundred fifty tons of garbage per month, seven thousand five hundred dollars. Any permit holder, as provided for in this subsection, shall haul his garbage at least once each week for public health reasons. C. This section does not apply to the occasional hauling by residential customers of refuse only to an approved site, - 2 - V� provided, the minimum level of garbage service is paid for by the residential customer. D. Garbage and Refuse Collection -Business License Required. To provide for the public health, safety and general welfare, collection companies operating within the City shall, at no additional cost to the City or its residents: 1. Comply with all provisions of this Kent City Code and amendments thereof, and applicable federal, state and county laws and regulations pertaining to the collection, handling, transportation and disposal of garbage. The City shall be entitled, during regular business hours, to inspect the books and records of collection companies operatina within the Citv of Kent. 2. Pick up Christmas trees each January. 3. Provide for a semiannual residential cleanup in the Spring and Fall of each year to allow for disposal of accumulated garbage. The Director of Public Works shall promulgate administrative rules, following consultation with collection companies, for the implementation of this subsection. 4. Provide service to public buildings and facilities, as set forth in Attachment A to Ordinances aY . Upon consultation with collection companies, the Director of Public Works may add or delete public facilities from said Attachment A in the interests of public health and safety. E. Collection companies operating pursuant to and in compliance with this Chapter shall be issued upon application a business license pursuant to Chapter 5.02 KCC, without the payment of license fees, permit fees as provided in subsection 7.08.020B, above, or other fees related to solid waste handling established by the City; PROVIDED, however, that this subsection 7.08.020E shall not be construed as a waiver of the utility tax imposed by Chapter 3.04 KCC. D4 7.08.040. GARBAGE ACCUMULATION. A. All persons V, accumulating garbage in the City of Kent shall place and �\ accumulate same in garbage cans, or garbage Q toters, or detachable containers as required units, mobile by this Chapter. B. It shall be unlawful to deposit, throw, or place any garbage in any land, alley, street or other public place, or to deposit, throw or place any garbage on any private property regardless of ownership, unless the garbage is placed in garbage cans, containers, or toters, the covers of which shall not be removed except when necessary for the depositing or removing of garbage; provided, that boxes, small barrels, cartons, shrubs, small trees, small tree limbs, scraps of wooden crates and boxes, broken up household furniture and equipment, paper, hollowware and rubbish in general may be broken up or cut up and placed in garbage units, as defined in KCC 7.08.010(E). C. Any garbage can when filled shall not weigh more than seventy-five pounds and shall be so packed that the contents thereof will dump out readily when the can is inverted. All garbage cans and garbage units shall be placed in convenient, accessible locations upon the ground level or ground floor and as near as practicable to the approximate rear of the building or near the alley, street or road at which collection trucks are - 3 - to be loaded; all walks, paths, and driveways to the place of loading shall have an overhead clearance of not less than eight feet. D. Any mobile toter when filled shall not weigh more than one hundred eighty pounds and shall be so packed that the contents thereof will dump out readily. All mobile toters shall be placed at curbside or alley before 7:00 a.m. and removed from curb or alley as soon as possible after collection, but no later than 7:00 p.m. E. Any person accumulating garbage in the downtown or suburban business areas whose location requires the placing of cans. containers, or units on a sidewalk or alley for collection shall not place same on sidewalk or alley until the close of each business day, and shall remove cans from sidewalk or alley immediately after the opening for business each morning. F. 1. No hot ashes or other hot material, dirt, sand, rocks, gasoline, solvents, oil, paint or ((ether)) dangerous or hazardous ((material)) wastes shall be placed in any garbage can, garbage unit, detachable container, or mobile toter for collection or removal. All kitchen, table and cooking waste before being deposited in garbage cans, garbage units, detachable containers, or mobile toters shall be drained and wrapped in paper or other material in such a manner as to prevent as nearly as possible moisture from such garbage from coming in contact with sides or bottoms of the containers. 2. As used in this section, "dangerous or hazardous wastes" means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology, and such wastes shall be disposed of consistent with Department of Ecology rules and regulations. G. When use of garbage cans is allowed or required, sufficient garbage cans must be provided for the collection of all garbage as defined in this Chapter. Worn out and improper cans ((will)) shall be discarded ((and-tt�e-deeisiee-a€-tl�e Bi�eete�-e€-�iaaaee-e�-1�lg-delega�eY-skall-be-€�aal-�a-any dispute-�ega�diag-tl�e-�ype�-x�amhe�T-aad-eeaditien-a€-ga�hage-eaa e�-eansT)) H. Residential units shall use fully-automated mobile toters unless otherwise authorized by the ((agEeed upon by ) collection company. Mobile toters shall be provided by the collection company. All mobile toters shall remain the property of ((eentraet )) collection company and are provided and assigned to residences for the health, safety, convenience, and general welfare of the occupants. ( (GentainF-s w}e are damaged, destroyed, or stelert- threugh abuse, eE * _ apew use of the oeoupant users shall ;e—r-eplaeed, at the—diee_r-e-ion -et the ti-r of the eentEaeteE, by the eentEaeteE at the expease of u-pant-s --o-i- the-ewaeE-ef the -fiesidanEger-v^-entainer-s whish are damaged in— the e au r-s e—e -n eEmo-1 and E ease na b l e usage or &Wh i ear- e damaged, destfeyed eE stoles thEough no aI sc3; peg1eet-,--Q }gypreper use-- e€ -t-he aeeupant users—er re$id-eaea owner shall he repaired—or Eep!a Fesidenee aeEs.)) The containers shall not be damaged, destroyed, or removed from the premises by any person; markings and identification devices on the containers, except as placed or specifically permitted by the ((eeateae-tem—and the City,)) - 4 - collection company are expressly prohibited and shall be regarded as damage to the containers. I. It shall be unlawful, except as authorized by the owner, collection company or the City to deposit any garbage or other material in any garbage can, garbage unit, detachable container, or mobile toter, or to remove the covers therefrom; said covers shall be securely placed on each can, toter, or unit at all times, except when it is necessary to remove same for deposit or at times of collection. 7.08.060. HOURS OF COLLECTION. All garbage will be collected within the boundaries of the City of Kent as follows: A. Residential pick-ups shall be made one day per week, Monday through Friday from 7:00 a.m. to 4:00 p.m. unless otherwise approved by the City in writing. Residential collection shall be at curbside unless otherwise agreed upon. B. Commercial pick-ups may begin at 4:00 a.m. ((five -days peE-week)) Monday through Friday, and may be made as often as required, provided, however, that in commercial areas abutting residential neighborhoods pick-ups shall be limited to days and times set forth in KCC 7.08.060A. ((7�AsrASAT--VACANT-PREMISES--wheaeve�-aRy-pe�sea-shall dete�M}Re-te-leaue-prem}ses-vaeaRt-€e�-a-pe�ied-a€-Mese-than-sae Meath-sad-thas-shall-Re€-seed-garbage-eelleetieR-se�viee-du�iRg Bald-pe�ied=-the-pe�seR-mag-eaReel-garbage-sellae€iea-sad se�viee-€ses-these€e�-€e�-said-vacated-p�eMises-bg-giving w�itteR-aetiee-e€-said-vaeaaey-te-the-Kent-�iRaRee-Bepa�tMeRt sad-iR-the-w�}€tea-aetiee-the-pe�seR-shall-state-the-pe�ied-e€ said-vaeaney-and-the-street-addEess-of-the-premises+-pEevided- that-apes-�eeeipt-e€-said-w�itteR-aetiee-said-se�uiee-will-be diseeat}Rued-eR-the-€i�st-ealeRdas-day-e€-the-Remit-sReeeediR� Meath-€eE-Ret-less-than-th!Ety-days,)) ((7:AB:lAA:--RASE-FRACESS�--4a}-the-gates-€e�-the eelleetieR-and-�eMeval-e€-garbage-€�eM-�esideaees:-basiaess €i�Ms-and-eeMMeseial-eRte�p�isesT-to-be-paid-te-and-eelleeted-bg the-EitgT-shall-be-established-iR-the-eeRt�aet-and-adapted-bg e�diaaReeT {b}--The-gates-€e�-the-rental-e€-detaehable-eeataiaess-€�eM the-eeRt�aete�T-to-be-paid-te-and-eelleeted-by-the-city:-shall be-established-iR-the-eeRtsaet� {e�--A-pe�seR-May-€R�Rish-his-ewR-detaehable-eeRtaiRe�-e� Meb}le-tete-}€-the-eeRtaiae�-e�-tete-is-eeMpatible-with-the eeat�aete��s-eq�ipMeRt-€e�-eelleetieR=-p�evidedT-that-a-pe�sea €R�a}shiag-his-ewR-Mebile-tete-will-be-eha�ged -the-�esideRtial Fate,)) 7.08.120. SPECIAL ((RATES)) REGULATIONS. The City of Kent reserves the right to ((fix-speeial-Fates-and)) prescribe special regulations for the collection of garbage and waste from the construction or repair of buildings, waste products from manufacturing plants, refuse of peculiar quality, or garbage which may be thoroughly offensive or dangerous to haul through the streets or alleys of the City of Kent. 7.08.140. LOCATION OF CONTAINERS --INSPECTION. A. the location of detachable containers, garbage cans or units, or - 5 - mobile toters in conjunction multifamily dwellings shall Fire Department and located any fire hazard. with commercial, industrial or be subject to inspection by the Kent in such areas as to reduce or remove B. The location of the mobile toters in conjunction with the residential pickups shall be at curbside. Persons with physical constraints, unable to bring their refuse or garbage to the curbside for collection, may be granted an exemption from doing so by the ((E4ty and --the eeatEae-t-e E shall be-s notified--.)) collection company. ((7,08,168,--RATES-FOR-GObbEGTIGN-AND-DISPOSAL-OF-GARBAGE, A,---Gellee�lee.-e€-garbage-aad-�e€�tse-€gem-�esldea�lal-dwellings shall be made once a week. lz---Fey-►aeblle-t®�e�s-plaeed-a�-e��bT-�l�e-�a€es-shall b e T Eaeh B4- Garbage-aal�s �bagY-bundle-e�-Lex} Eaeh Total-FeE-Meath Total-ReE-Flekug $-14161 ". 1. The --Eate---€eE sefli ran- _lt-3 zeRa who qualify under eriteria established by the City GeuReil shall be fifty peEeeRt 'ef the EesldeRt"! Ea -e s -r feE eelleetieR, shall be gEanted an exemption from deing by the City a"ndthe —eeatEaeteE'shall--be noiit -e P. the eelleet-i-A-0 Clog Ebage and refuse fE..ffi the business as -f o-1 l -owe--: T.eta }psi=-P""up- -Pems= PeE Piekup $1.40 The fainimu-e meethly ahagge for the —shave al as -a of -s-ha-I-1--be--;-- E. 1. The Eate CeE hauiiag detanhable—£ea£ 1 n2 -.a eentainere fer use by •industrrial dwelling establishments shall be as ..s - 6 - -senAre e- aumID---F ee- -fee s -3-0 UQ mabiG YaE-o $7'9-TPaA--E tr _krrpr Plus a 8t -t l' 21 � e� ZZes-,- with—eha-r-ge of €efty dellaEs €eE eaepi ten -9E pe ft==n * _,e- ref !a meesva—g the s -lm ton l i mi t The-eustemeE may fuEaish his ewa aetneahable e-entainer Providing said .),atible with1 t f -e el l e C crvYi . Be-14-uer-y-eh&r-ge-: 7.08.180. PENALTIES. The violation of or failure to comply with any of the provisions of this Chapter shall be punishable by a fine of not more than ( (€tee-hundEed) ) one thousand dollars or by imprisonment in the City Jail for a period not to exceed ((may)) three hundred sixty-five days, or by both such fine and imprisonment. ( (79--4 4. PENALIra--The ;r -i e 1 e t i e e e f, e -e failufe-tee F i t hs—ea nr x 0-i the n r na. �-e�-� Us of this Chapter shC-2 1 1- be Punishable by --a € il-A-e- Of- aet ta n € i ve hundred dollars or- b i gnis�eme-at ie the City jail €ter a pe-leco--RrA-t == -m-eed thirty L �r,.,T_ar !i -beth o n h 4--i-Re -ii-nd )) Section 2. Pursuant to RCW 35.21.120 and RCW 35.670.20, the City of Kent may and reserves the right to, establish a City of Kent system and plant for garbage and refuse collection and disposal. Section 3. No vested rights shall be created by this ordinance. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided law. DA KELLEHER, MAYOR -AT-TEST:- MARIE JEN �,CI�TYE`LERK�� APPROVED AS TO FORM: ILL WILLIAMSON. ACTING CITY ATTORNEY PASSED THE J/ day of �`� , 1986. APPROVED THE 16 day of Abot— . 1986. PUBLISHED THE � day of 1986. - 8 - I hereby certify that this is a true and correct copy of Ordinance No.,®,� passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. MARIE JEN CITY CLERK 2684k - CITY FACILITIES WITH GARBAGE SERVICE Name/Address Number/Container Size Corrections Facility 1 - 2 yard 1230 Central Ave. S. Senior Citizen Center 1 - 15 yard 315 E. Meeker Street Recreation Building 1 - 1 yard 850 Central Avenue N. Fire Station 3 3514 S. 252nd Street Shop Building (Nondept) 5821 S. 240th Street Street Department 5821 S. 240th Street Fire Station 6 21431 68th Ave. S. Kent Commons Phase I 525 4th Ave. N. Kent Commons Phase II 525 4th Avenue N. Fire Station I 504 Crow Dept. of Public Works 302 W. Gowe St. City of Kent Library 232 4th Ave. S. City Hall Building 220 4th Ave. S. ATTACHMENT A PAGE ONE 1 - Res. Toter 1 - 2 yard 1 - 20 yard 1 - 1 yard 1 - 6 yard 1 - 4 yard 1 - 2 yard 1 - 15 yards 4 - Comm. Cans 2 - 2 yard Golf Course Club House 2020 W. Meeker Street Driving Range 5813 Kent Des Moines Road Kent Memorial Park 850 North Central Avenue Street Cans Located in Central Business District See attached map New Senior Citizen Center 600 East Smith ATTACHMENT A PAGE TWO 1 - 1 yard 1 - l yard 1 - 1 yard 16 cans 2 - 4 yards ATTACHMENT A PAGE THREE