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HomeMy WebLinkAboutORD1029ORDINANCE NO.1029 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 ADDING NEW ARTICLE 9-4,COLLECTION OF RESIDENTIAL SOLID WASTE; REPEALING SECTION 8-5-25 OF CHAPTER 8 OF THE APACHE JUNCTION CITY CODE RELATING TO HOURS OF OPERATION FOR TRASH DISPOSAL COMPANIES;REPEALING OTHER CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY WHEREAS,the Mayor and City Council of the City of Apache Junction deem i t to be in the best interest of the public health and safety of the residents and occupants in the City of Apache Junction that the private collection of residential solid waste be regulated;and WHEREAS,Arizona Revised Statutes Annotated ("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.Municipalities may regulate the hours of operation, standards for equipment,and solid waste container sizes and capacities. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I.IN GENERAL Apache Junction City Code Chapter 8 Business,Section 8-5-25 Hours of Operation for Trash Disposal Companies,is hereby repealed. Apache Junction City Code Chapter 9 Health and Sanitation,is hereby amended by adding a new Article 9-4 Collection of Residential Solid Waste,to read as follows: ARTICLE 9-4 Section Section Section Section ORDINANCE NO.1029 PAGE 1 OF 7 COLLECTION OF RESIDENTIAL SOLID WASTE 9-4-1 Legislative Purpose 9-4-2 Definitions 9-4-3 Solid Waste Collection Agency 9-4-4 Permitted Days and Hours of Collection Section 9-4-5 Container Standards;Placement for and Removal After Collection;Application to Mobile/Manufactured Home/Recreational Vehicle and Trailer Parks and Subdivisions Section 9-4-6 Vehicle Maintenance Section 9-4-7 Appeals Section 9-4-8 Penalties Section 9-4-1 Legislative Purpose It is the purpose of this Article to regulate the collection of residential solid waste to promote the public health,safety,and general welfare of the citizens of the City of Apache Junction,and to avoid and mitigate the detrimental effects of random trash collection, insufficient solid waste containers and substandard collection vehicles and equipment through reasonable regulation.It is not the purpose of this Article to prohibit or unreasonably restrain private enterprise from delivering solid waste collection services within or to the residents of the City of Apache Junction.In addition,this Article is not intended to favor local enterprise by prohibiting out-of-town or out-of-state competition. Section 9-4-2 Definitions In this Chapter,unless specified otherwise: "Public Works Director"means the head of the Public Works Department,or designee thereof. "Residential Solid Waste"means any garbage,trash,rubbish or refuse,including solid,liquid,semi -solid liquid,or semi -solid or contained gaseous material,and any recyclable material,collected from any structure or premises used as a domicile,dwelling,or habitation, including single and multi -family dwellings,duplexes,patio homes, trailers,mobile/manufactured homes,mobile/manufactured home/recreational vehicle and trailer parks and subdivisions,rooming houses,group homes,boarding houses,apartments,condominiums,or townhouses. ORDINANCE NO.1029 PAGE 2 OF 7 "Residential Solid Waste Collection Agency Vehicle"means any motor vehicle suitable for collection of residential solid waste that is in compliance with Section 9-1-2 of this Code. "Residential Solid Waste Container"means any container used for storage of residential solid waste and meets the container standards of this Article. Section 9-4-3 Residential Solid Waste Collection Agency The City of Apache Junction or any other person,individual, partnership,association,company or corporation,may collect residential solid waste within the city limits provided they comply with the provisions of this Chapter,and other applicable City regulations including but not limited to possessing a current valid City business license and current valid sales tax license and paying all applicable transaction privilege taxes pursuant to Chapter 8 of this Code. Section 9-4-4 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,and in the case such holiday falls on a Thursday,the waste must be collected on the immediate Friday thereafter. B.Residential solid waste shall be collected between the hours of 6:00 a.m.and 5:00 p.m.,Mountain Standard Time,on authorized collection days referenced in Section 9-4-4(A). In the case of an emergency,residential solid waste collection agencies may request extended hours.Such request must be submitted to the Public Works Director telephonically,and if subsequently approved,residential 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. ORDINANCE NO.1029 PAGE 3 OF 7 C.Nothing in this Article restricts the City from allowing special collection days in connection with community clean- up programs. Section 9-4-5 Container Standards;Placement for and Removal After Collection;Application to Mobile/ Manufactured Home/Recreational Vehicle and Trailer Parks and Subdivisions A.Container Standards.All containers used by a single-family dwelling unit to store residential solid waste and for collection thereof shall be constructed out of plastic or galvanized metal,and shall have a minimum capacity of sixty-five (65)gallons,and a maximum capacity of ninety (90)gallons.In the case of containers,which serve multi- family dwelling units,such containers must be made of suitable material with a minimum capacity to contain one yard of residential solid waste per unit per week.On all containers there shall be identifying marks with the name and telephone number of the residential solid waste collection agency in letters with a height of no less than three inches (3")but not greater than six inches (6").It is unlawful to place residential solid waste outside of the appropriate containers awaiting collection,even if contained in plastic bags,paper boxes,or other receptacles. B.Placement for and Removal After Collection.Residential solid waste containers shall be placed for collection as follows: 1.All residential solid waste containers shall be located,positioned,and placed for collection in a manner as to facilitate the safe handling of containers by residential solid waste collection agency vehicles. 2.Residential solid waste containers may be located in alleyways that are sufficiently passable in a safe manner by residential solid waste collection vehicles. ORDINANCE NO.1029 PAGE 4 OF 7 3.Residential solid waste containers for single-family dwelling units may be placed at the curb in front of the premises,except that at any corner lot,such containers may be placed at the curb of the side street.Containers placed may be positioned curbside beginning at 4:00 p.m.the day before collection,but must be removed no later than 6:00 a.m.after the day of collection.Single-family dwelling unit containers may not be placed on sidewalks or curbs in any manner so as to interfere with or be hazardous to pedestrians or vehicles. 4.Multi -family dwelling unit residential solid waste containers may not be placed on sidewalks,curbs,or anywhere within the public right-of-way,in manner so as to interfere with or be hazardous to pedestrians, vehicles,or other residences or other structures. C.Application to Mobile/Manufactured Home/Recreational Vehicle and Trailer Parks and Subdivisions.With the exception of subsection (6)(1)under Section 9-4-5,the provisions of this section do not apply to mobile/manufactured home/recreational vehicle and trailer parks and subdivisions in which a common container is placed,maintained,or is otherwise controlled or provided by the operator,manager or homeowners'association of the park or subdivision,provided such container is located within the boundaries of the park or subdivision and is not located within the City's right- of-way. Section 9-4-6 Vehicle Maintenance A.All vehicles used for solid waste collection from single and multi -family dwelling units within the City limits,shall be maintained in good condition and repair,readily cleanable construction and be watertight,and shall comply with all applicable state regulations.In addition,all drivers of Residential Solid Waste Collection Vehicles shall be licensed in accordance with all applicable laws. ORDINANCE NO.1029 PAGE 5 OF 7 B.The outside of each vehicle must be clearly identified with the name and phone number of the residential solid waste collection agency. Section 9-4-7 Appeals Any person aggrieved by any action or decision made by the Public Works Director may appeal such action or decision by filing a written notice of appeal and request for a hearing in the Office of the City Manager. Upon receipt of such notice,the City Manager or designee thereof,shall notify the appellant within five (5)working days of the scheduled hearing time,date,and place,which shall take in no case take place more than ten (10)working days from the date of receipt of the notice of appeal.The hearing shall be conducted informally.The appellant and Public Works Director may present any relevant evidence.Hearsay evidence may be considered and witnesses need not be sworn nor cross- examined.The City Manager or designee thereof shall sustain,overrule, or otherwise modify the Public Works Director's action or determination and shall send such notification to appellant within three (3)working days after completion of the hearing.Such decision shall be final and conclusive,except that appellant may pursue any proper judicial proceeding. Section 9-4-8 Penalties Any violation under of this Article is punishable pursuant Apache Junction City Code Chapter 1 General,Article 1-8(A). SECTION II.REPEALING ANY CONFLICTING PROVISIONS Apache Junction City Code Chapter 8 Business,Section 8-5-25 Hours of Operation for Trash Disposal Companies,is hereby repealed. All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are also hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any ORDINANCE NO.1029 PAGE 6 OF 7 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.DECLARING AN EMERGENCY It being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF SEPTEMBER ,1998. SIGNED AND ATTESTED TO THIS 1sT DAY OF ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1029 PAGE 7 OF 7 SEPTEMBER ,1998. DOUGLAS CILEMAN Mayor