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HomeMy WebLinkAboutORD1329ORDINANCE NO. 1329 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,CHAPTER 9,HEALTH AND SANITATION, ARTICLE 9-5,COLLECTION OF RESIDENTIAL SOLID WASTE, SECTION 9-5-4(A),PERMITTED DAYS AND HOURS OF COLLECTION, AND ARTICLE 9-6,COLLECTION OF COMMERCIAL SOLID WASTE, SECTION 9-6-2,PERMITTED DAYS AND HOURS OF COLLECTION; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, on September 1, 1998, the Mayor and City Council of the City of Apache Junction deemed it in the best interest of the public health and safety of the residents of the City that the private collection of residential solid waste be regulated, with particular regard for the days and hours of collection; and WHEREAS, On June 15, 1999, the Mayor and City Council of the City of Apache Junction deemed it in the best interest of the public health and safety of the residents of the City that the hours of collection for commercial Solid waste be regulated, with particular regard for the days and hours of collection; and WHEREAS, A.R.S. §§ 49-704 and 49-765 permit municipalities to establish and enforce any adopted ordinance;resolution or policy relating to solid waste regulation or services, including private collection of solid waste within its jurisdiction,and more specifically the hours of operation; and WHEREAS, pursuant to Arizona Administrative Code § R18-13-308, collection agencies must pick up garbage twice weekly; and WHEREAS, a variance from the Above noted frequency rate may be granted to allow for the collection of garbage once a week by the Arizona Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that public health hazards or nuisance will be controlled; and WHEREAS, because of community interest in implementing private recycling, the City Code needs to be amended to reflect the ability of trash collection entities to have once a week pick-up of garbage ORDINANCE NO. 1329 PAGE 1 OF 4 instead of twice a week pick-up as long as recyclable materials are collected during the same pick-up time. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. The Apache Junction City Code,Chapter 9,Health and Sanitation, Article 9-5,Collection of Residential Solid Waste,Section 9-5- 4(A),Permitted Days and Hours of Collection,is hereby amended to read as follows: Section 9-5-4 Permitted Days and Hours of Collection A. Residential solid waste shall be collected twice a week, on Mondays and Thursdays.Where such collection day falls on a Monday that is also a federal or state holiday, and due to the holiday residential solid waste is not collected by the residential solid waste collection agency, such waste must be collected on the immediate Tuesday thereafter.In the case such holiday falls on a Thursday, the waste must be collected on the immediate Friday thereafter.The collection agency may collect residential solid waste once a week if it also collects recyclable materials from the same customer at the same time as the residential solid waste and obtains a variance from the Arizona Department of Environmental Quality based on an acceptable plan approvedby • the Pinal County Department of Environmental Services demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. 2. The Apache Junction City Code,Chapter 9,Health and Sanitation, Article 9-6,Collection of Commercial Solid Waste,Section 9-6- 2,Permitted Days and Hours of Collection,is hereby amended to read as follows: Section 9-6-2 Permitted Days and Hours of Collection Commercial solid waste shall be collected between the hours of 6:00 a.m.and 5:00 p.m., Mountain Standard Time,Mondays through Fridays. In the case' of an emergency, commercial solid waste collection agencies may request extended hours.Such ORDINANCE NO. 1329 PAGE 2 OF 4 request. must be submitted to the Public Works Director telephonically, and if subsequently approved, commercial solid waste collection agencies must, Within twenty-four (24) hours thereafter,submit a written request to the Director substantiating the need for the extended hours. The collection agency may collect commercial solid waste once a week if it also collects recyclable materials from the Same customer at the same time as the commercial solid waste, and obtains a variance from the Arizona Department of Environmental Quality based on an acceptable plan approved by the Pinal County Department of Environmental Services demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein are hereby repealed. SECTION III PROVIDING FOR. SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein is for any, reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES After the City exhausts all referenced in the adopted provisions adopted herein, Misdemeanor consistent with Chapter 1,GENERAL,Article ORDINANCE NO. 1329 PAGE 3 OF 4 of its civil violation procedures as regulations,any violation of any shall be punishable as a Class 1 Apache JunCtion City Code, Volume I, 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF APRIL 2009. SIGNED AND ATTESTED TO THIS 7TH DAY OF ,APRIL ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1329 PAGE 4 OF 4 , 2009.