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HomeMy WebLinkAboutORD1082ORDINANCE NO.1082 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 9-5,HOURS OF COLLECTION FOR COMMERCIAL SOLID WASTE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY WHEREAS,the Mayor and City Council of the City of Apache Junction deem it 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 hours of collection for commercial 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. 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 9 Health and Sanitation,is hereby amended by adding a new Article 9-5 Hours of Collection for Commercial Solid Waste,to read as follows: ARTICLE 9-5 HOURS OF COLLECTION FOR COMMERCIAL SOLID WASTE Section 9-5-1 Commercial Solid Waste Collection Agency- Compliance with City Business and Sales Tax Licensing Provisions Section 9-5-2 Permitted Days and Hours of Collection Section 9-5-1 Commercial Solid Waste Collection Agency -Compliance with City Business and Sales Tax Licensing Provisions The City of Apache Junction or any other person,individual,partnership, association,company or corporation,may collect commercial solid waste within the city limits provided they comply with the provisions of this Chapter,and ORDINANCE NO.1082 PAGE 1 OF 3 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 9-5-2 Permitted Days and Hours of Collection A.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 request must be submitted to the Public Works Director telephonically,and i f 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. SECTION II.REPEALING ANY CONFLICTING PROVISIONS 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 hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause 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. 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 15TH,DAy OF JUNE ,1999. ORDINANCE NO.1082 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS 15TH DAY OF JUNE ,1999. DOUGLAS OOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1082 PAGE 3 OF 3