HomeMy WebLinkAboutORD839ORDINANCE NO.839
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER
9 HEALTH AND SANITATION,BY REPEALING SECTION 9-2-4 UNATTENDED
CONTAINERS AND ADOPTING A NEW ARTICLE 9-3 PRIVATE RECYCLING
CONTAINERS;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR
SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City code Chapter 9 Health and Sanitation be amended
by repealing Section 9-2-4 Unattended Containers,and by adopting a new
Article 9-3 Private Recycling Containers,to read as follows:
ARTICLE 9-3 Private Recycling Containers
Section 9-3-1 Definitions
Section 9-3-2 Permit Required
Section 9-3-3 Application
Section 9-3-4 Containers
Section 9-3-5 Litter and Trash Prohibited
Section 9-3-6 Enforcement
Section 9-3-7 Impoundment
Section 9-3-1 Definitions
"Code Enforcement Office"shall mean the Building Inspection and Zoning
Compliance Division of the Development Services Department.
"Recycling container"shall mean any private container whether attended
or unattended,and whether operating for profit or not,where the public
is asked to bring materials to be donated or left to be recycled,
reclaimed,processed or reused,including but not limited to newspapers,
bottles or cans.
Section 9-3-2 Registration Required
A.I t shall be unlawful for any person,firm or corporation to place
or keep a recycling container within the city limits without
complying with all of the provisions of this article and without
first having registered the recycling containers as required by
this article.
B.All recycling containers not registered as required by this
article shall be subject to immediate removal by the City.
Section 9-3-3 Application
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A.Applications for recycling container registration shall be made to
the code enforcement office on a form provided by that office.
The application shall contain the following information:
1.The name and address of the owner or operator and a
telephone number where the owner or operator or the agent of
the owner or operator can be reached.
2.The location,size and type of proposed recycling container.
3.The type of materials to be collected.
B.The application shall be accompanied by a written and signed
statement:(1)from the owner of the property where the container
is to be placed,granting his permission for the placement of the
container;and (2)where applicable,a statement from the
religious or non-profit corporation as required by Section 9-3-
4(C).
C.The term of registration for each recycling container shall be for
a period not to exceed one year and shall expire on January I of
each calendar year.
D.A separate registration shall be obtained for each recycling
container location.
Section 9-3-4 Containers
A.Each recycling container shall have a firmly closing lid and have
a capacity of not less than three cubic yards and not greater than
six cubic yards.The container shall be constructed of painted
metal,rubber,wood or plastic and shall be properly maintained in
a safe and good condition.The use of shipping or cargo
containers for this purpose is prohibited.
B.Containers shall be clearly marked to identify the materials
requested to be left for recycling,the name of the operator or
owner of the recycling container,and a telephone number where the
owner,operator or agent of the owner or operator may be reached
at any time.The size for the sign or markings on any side of the
container shall not exceed twenty-five percent (25%)of the total
area of the same side of the container.All markings required by
this section shall be neatly lettered or stenciled in a
professional manner.
C.No container shall identify a religious or non-profit corporation
without the written permission of such religious or non-profit
corporation;said permission must be submitted at the time that
the application is made for a recycling container permit.The
city reserves the right to make further inquiries and require
proof of the religious or non-profit status that is being claimed.
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D.Containers may be located only within the parking lot of private
property lawfully zoned,developed and used for commercial or
industrial purposes or at schools,churches or charitable
organizations which have similar parking facilities.
Section 9-3-5 Litter and Trash Prohibited
A.No person shall place any litter,garbage or trash at any
recycling container,and no person shall place any material in any
recycling container except the materials named on the outside of
the container.No person shall leave any materials outside of a
container.
B.Each recycling container owner or operator shall provide adequate
enough pickups and clean up of the general area to prevent any
materials from accumulating outside the containers.
C.The owner or operator of the recycling container and the property
owner shall jointly or severally maintain all exterior areas
within twenty-five feet of the container free from litter.
Section 9-3-6 Enforcement
A.The code enforcement office is assigned the responsibility of
enforcing this article and is granted the authority expressly
granted and/or implied as needed and necessary for enforcement.
B.For a violation of this article or issued registration,the code
enforcement office or a designee may revoke a registration which
has been issued under this article upon ten days written notice to
the permit holder who may request a hearing with the code
enforcement office prior to the expiration of the ten day notice;
and/or
C.The code enforcement office or a designee may commence an action
in Apache Junction Magistrate Court against the operator or owner,
or agent of the operator or owner,of a recycling container which
is in violation of this article or issued registration.
Section 9-3-7 Impoundment
A.In addition to the penalties provided for in this code,any
recycling container which is in violation of this article or
issued registration may be removed at the operator's or owner's
expense.Said container shall be impounded until the operator or
owner reimburses the City for the cost of removal and storage.In
the event the operator or owner of an impounded recycling
container has not reimbursed the City within sixty days of its
removal,the City may dispose of the container or use i t for some
other city -related purpose.
B.Prior to the removal and impoundment of a recycling container,the
City shall conspicuously attach a notice to said container
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allowing the owner or operator twenty-four hours to bring the
container into compliance.The code enforcement office shall also
attempt to contact the owner or operator at the phone number
listed on the registration application or container and advise as
to the posting of the notice.If the container has not been
brought into compliance by the time established by the notice,the
container will be removed and impounded.
C.In the event any recycling container creates a hazard to the
health,welfare and safety of the public,the container shall be
immediately removed and impounded without the notice as outlined
in Section 9-3-7(B).
SECTION I I REPEALING CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance or any part of the code adopted herein by reference are
hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,subsection,sentence,clause,phrase or portion of this
ordinance or any part of the code adopted herein by reference 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 15TH DAY OF SEPTEMBER ,1992.
SIGNED AND ATTESTED TO THIS 16TH DAY OF SEPTEMBER ,1992.
THOMAS DAMIANO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVtDAS RI:411*M!/'/
/ 1 I T/kiktad4//MU
City Attorney
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