Title 8

 

HEALTH AND SAFETY

 

Chapters:

8.04         Refuse Collection and Disposal System

8.08         Service Charges

8.12         City Dump

8.16         Nuisances

8.28         Fireworks

8.32         Jumping on Moving Trains

8.36         Smoking in Public Places and Places of Employment

 

 


 

 


Chapter 8.04

 

REFUSE COLLECTION AND DISPOSAL SYSTEM

 

Sections:

8.04.010       Purpose—Established.

8.04.020       Definitions.

8.04.030       Universal and compulsory collection, removal, and disposal of garbage.

8.04.040       System established.

8.04.050       Supervision of system.

8.04.051       Anti-scavenging.

8.04.060       Posting of rates.

8.04.070       Charges—Established—Collection.

8.04.072       Charges—Owner responsible—Limitations.

8.04.075       Collection charges.

8.04.080       Regulations for disposal grounds.

8.04.085       Rental of containers.

8.04.090       Rules concerning collection and removal.

8.04.100       Private disposal of refuse and garbage.

8.04.101       Yard waste disposal.

8.04.103       Yard waste punchcard.

8.04.104       Recycling fees.

8.04.105       Discontinuance of refuse collection.

8.04.110       Penalties.

8.04.120       Fuel surcharge.

 

8.04.010       Purpose—Established.

    The maintenance of health and sanitation requires the collection, removal and disposal of garbage and refuse within the city be compulsory and universal, and it is the intention of this chapter to make such collection removal and disposal of garbage and refuse compulsory and universal, except for parts of the city annexed thereto subsequent to January 1, 1968. The portions annexed subsequent to that date are already being served by Rural Sanitation Company, under a franchise afforded it pursuant to state law.

    Regulations promulgated by the Northwest Air Pollution Authority require the collection, removal and disposal of garbage to a location where the same may be disposed of without burning, therefore, requiring the city to provide a central location for disposal where no such burning will be permitted, and in a manner assuring that all garbage will be disposed of at such central location. (Ord. 689 § 1, 1969)

 

8.04.020       Definitions.

    A.    “Garbage and refuse,” as used in this chapter, mean all waste and discarded materials from dwellings, flats, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops and places of business, including rubbish and debris, waste and discarded food, animal and vegetable matter, brush, grass, weeds, wastepaper, cans, glass, ashes and similar material.

    B.     “Person” means every natural person, firm, copartnership, association or corporation.

    C.     “Yard trimmings” includes but is not limited to weeds, grass, sod, trees, shrubs, foliage parts, rocks, cement or other material not generally considered regular household refuse.

    D.    “Recycling” includes but is not limited to tires, appliances, wood waste, electronics, junk vehicles.

    E.     Words herein used in the present tense include the future tense and in the singular include the plural and in the plural include the singular and in the masculine include feminine gender. (Ord. 1479-04 § 1, 2004: Ord. 689 § 2, 1969)

 

8.04.030       Universal and compulsory collection, removal, and disposal of garbage.

    Sections 8.04.030 through 8.04.090 shall apply to all territory embraced within the corporate limits of the city, and from January 1, 1970, all collection, removal, and disposal of garbage and refuse and the charges to be made therefor shall be universal and compulsory throughout the city. (Ord. 818 § 1, 1975: Ord. 689 § 3 (part), 1969)

 

8.04.040       System established.

    There is established the city refuse collection and disposal system, whose duty it shall be to collect, remove and dispose of all garbage and refuse in such places and in such manner as the city council shall direct. (Ord. 689 § 3 (part), 1969)

 

8.04.050       Supervision of system.

    The administration of the refuse collection and disposal system as set forth in this chapter shall be the responsibility of the supervisor of public works of the city or his agent, who shall have full power and authority to administer the same, subject to the approval and direction of the city council. (Ord. 689 § 3 (part), 1969)

 

8.04.051       Anti-scavenging.

    Once residential recyclable materials and residential yard waste materials have been set out on the curbside, or at such other location as authorized by the city, ownership of those recyclables and yard waste materials passes to the contractor. It is unlawful for any person other than the contractor to remove or collect any such recyclable materials or yard wastes materials once they are set out on the curbside or other approved location. However, any person may collect recyclables and yard waste materials delivered to such person at a location where it is legal to accept such material. (Ord. 1128 § 2, 1991)

 

8.04.060       Posting of rates.

    The rates for the collection and removal of garbage and refuse shall be set by the refuse collection and disposal system, subject to the approval of the city council. The rates shall be posted plainly in or near the office of the city clerk. (Ord. 689 § 3 (part), 1969)

 

8.04.070       Charges—Established—Collection.

    It shall be the duty of the refuse collection and disposal system, with the advice and consent of the city council, to establish and collect charges for collection and removal of garbage and refuse within the city. (Ord. 689 § 3 (part), 1969)

 

8.04.072       Charges—Owner responsible—Limitations.

    A.    Except as provided in this section, all charges for garbage and refuse collection shall be mailed to and be the primary responsibility of the owner of the premises to which such service has been furnished. For purposes of this section, the owner shall be the holder of record title as reflected under the records of the county auditor.

    B.     The owner of commercial (nonresidential) property rented or leased to others may notify the city clerk in writing that the owner shall not be responsible for the garbage and solid waste charges incurred by the tenant or renter in excess of a mandatory minimum weekly commercial service for one can for each unit, and the city shall limit garbage and solid waste service to weekly commercial service for one can; provided, the tenant or renter of a commercial property may request and be provided additional commercial garbage and refuse collection at the rates set forth in this chapter. The cost of this additional service shall not be the responsibility of an owner who provides written notice to the city requesting only the mandatory minimum service. The notice from the owner must specify the address, unit number and tenant or renter occupying the unit, and must be renewed annually or whenever there is a change of occupant.

    C.     As a condition of commercial garbage service, the city may require that the financially responsible party provide a credit report, personal guaranty, security deposit, bond, written agreement, and other commercially reasonable assurances of payment. The city may terminate service for a past due commercial account upon twenty-four hours’ notice to the customer mailed to the billing address. (Ord. 1406-01 § 1, 2001: Ord. 1074 § 1, 1989)

 

8.04.075       Collection charges.

    Charges for refuse and garbage collection and disposal shall be compulsory. Charges not paid within one month of billing date shall be delinquent and the charge may become a lien against the property which is serviced by the garbage collection and disposal system.

    A.    The charges for regular weekly garbage service shall be as follows:

    1.     Table 1: Residential.

 

Type of Service

Monthly charge with one pickup per week

Residential, 20-gal. can

$  7.50

Recycling

2.50

Total

10.00

Residential, 32-gal. can

14.93

Recycling

2.50

Total

17.43

Residential, 68-gal. can

22.03

Recycling

2.50

Total

24.53

Residential, 96-gal. can

29.70

Recycling

2.50

Total

32.20

Residential, each additional can

10.00

Residential, eligible head of household

80% of applicable residential rate

 

    2.     Residential includes single-family, duplex, triplex and condominium residences. Each living unit of such residences shall be subject to the rates established in this chapter.

    3.     Table 2: Commercial and Multifamily.

 

Commercial, 32-gal. can

$ 17.00

Commercial, 68-gal. can

27.50

Commercial, 95-gal. can

37.75

Commercial, 1-yard container

68.20

Commercial, 2-yard container

92.40

Commercial, 3-yard container

140.00

Commercial, 4-yard container

184.80

Commercial, 6-yard container

277.20

Commercial, 8-yard container

375.00

Commercial, 30-yard container

$150.00 haul fee, $82.00 per ton dumping, and $50.00 delivery fee

Commercial, each additional can

$  10.00

Multifamily, apartments, cabin courts and trailer park units, etc.

Applicable commercial rate plus $2.50 per unit for recycling

8.04.075

    B.     If more than one pickup per week is required on a continuing basis and the customer is utilizing a container smaller than eight-yard capacity, a larger container shall be required. The city may at its discretion authorize more than one pickup per week under the following conditions:

    1.     Where the largest container provided by the city is not adequate for the amount of waste generated;

    2.     Where more than one pickup per week is required to maintain proper health and sanitation;

    3.     Where a larger container cannot reasonably be placed on the customer’s property due to space limitation.

    C.     In cases where additional pickups are requested due to the use of container on construction sites, or other temporary uses or to accommodate temporary increases in the amount of waste generated, additional pickups shall be made at the rate set forth as follows for both residential and commercial customers:

 

1-yard container

$ 25.00 for each pickup

2-yard container

45.00 for each pickup

3-yard container

70.00 for each pickup

4-yard container

80.00 for each pickup

6-yard container

120.00 for each pickup

8-yard container

160.00 for each pickup

 

    D.    1.  A residential or commercial can (up to thirty-two gallons) may not contain in excess of sixty-five pounds per can in weight. The city may, in its discretion, empty a can weighing over sixty-five pounds. In that event, an additional fee of five dollars shall be charged.

    2.     If the cost to the city for emptying any container shall exceed the charges therefore, due to excessive weight or content, the city may proceed as set forth in subsection G of this section.

    E.     Yard Trimmings. Yard trimmings, including, but not limited to, weeds, grass, sod, trees, shrubs, foliage parts, rocks, cement or other material not generally considered regular household refuse, shall be excluded from sanitation collection services unless special arrangements are made with the sanitation department. Extra charges for such collection shall be determined by the mayor or his designee.

    F.     Interest Charges. All charges for sanitation services shall be due and payable when rendered. Sanitation service charges shall be delinquent if not paid in full within twenty-five days after the date of billing. Delinquent charges shall bear interest at the rate of eight percent per annum beginning on the first day of the month following delinquency until paid in full. In addition, a late penalty of ten dollars shall be charged for any solid waste account that is delinquent for more than sixty days.

    G.     The mayor or his designee may charge any residents or customer such additional service charges when he or she determines that special circumstances make it necessary to do so in order to compensate the city for the actual cost of solid waste collection, disposal and administration, when the foregoing fee schedule is not adequate for this purpose. Any resident or customer may appeal the assessment of this additional charge to the city council. Notice of appeal shall be written request to the city clerk with ten days of mailing of the bill or receipt of payment for such services by the city, whichever is less. The decision of the city council shall be final. (Ord. 1552-06 § 1, 2006; Ord. 1548-06 § 1, 2006: Ord. 1530-05 § 1, 2005: Ord. 1479 § 2, 2004: Ord. 1409-01 § 1, 2001; Ord. 1399-00 § 1, 2000: Ord. 1350-99 § 1, 1999: Ord. 1324-99 § 2, 1999: Ord. 1284-97 § 1, 1997: Ord. 1254-96 § 1, 1996: Ord. 1151 § 1, 1992: Ord. 1146 § 1, 1992)

 

8.04.080       Regulations for disposal grounds.

    It shall be the duty of the refuse collection and disposal system to establish and enforce regulations concerning the utilization of the city disposal grounds by licensees, permittees, and other persons, subject to the approval of the city council. (Ord. 689 § 3 (part), 1969)

 

8.04.085       Rental of containers.

    A.    The city of Sedro-Woolley shall rent solid waste containers to residents within the city limits on a month-to-month basis, on such terms and conditions as determined by the mayor or his designee. The city shall charge the following rates for each month or fractional part thereof for customers on a regular weekly service schedule:

 

1-yard container

$ 8.00 per month

2-yard container

9.00 per month

4-yard container

16.00 per month

6-yard container

20.00 per month

8-yard container

23.00 per month

30-yard container

50.00 per month

 

    B.     The city shall rent solid waste containers to those customers not on a regular weekly service schedule, for three dollars per day for one, two and three-yard containers, and for six dollars per day for four, six and eight-yard containers.

    C.     The city shall charge a fee of twenty dollars to deliver or to pick up an empty solid waste container to a site within the city limits; provided, that only a single fee shall be charged if the container is picked up within twenty days of delivery.

    D.    All residential customers on a regular weekly service schedule who use a container with a capacity of up to ninety-six gallons shall use an approved container compatible with the automated pickup equipment used by the city. The container shall be rented from the city for a monthly rate of thirty-four cents per month, which shall be added to each customer’s bill. The customer shall be responsible for any damage to the container other than normal wear and tear and damage caused by the city. The cost of replacement of a damaged container shall be added to the customer’s bill. (Ord. 1479 § 3, 2004; Ord. 1407-01 § 1, 2001: Ord. 1324-99 § 1, 1999)

 

8.04.090       Rules concerning collection and removal.

    It shall be the duty of the refuse collection and disposal system to promulgate and enforce rules concerning the time and manner in which collection and removal of garbage and refuse shall take place, and the manner in which all persons shall make garbage and refuse available for collection and removal by the refuse collection and disposal system or its authorized representative, all subject to the approval of the city council. (Ord. 689 § 3 (part), 1969)

 

8.04.100       Private disposal of refuse and garbage.

    It is unlawful for any person to bury, burn, dump, collect or remove or in any other manner dispose of garbage or refuse upon any street, alley, public place or private property within the city, except as is permitted herein or by such rules and regulations as from time to time may be promulgated by the refuse collection and disposal system. (Ord. 689 § 4, 1969)

 

8.04.101       Yard waste disposal.

    The city shall establish and maintain one or more collection stations for yard wastes. Such station or stations shall be available to the citizens of the city and the residents of the city’s urban growth area as established by the Sedro-Woolley comprehensive plan, for the disposal of yard wastes of such kind and quality as determined by the city. Days and hours of operation shall be established by the mayor. The mayor shall cause notice to be made to the public by such means as the mayor shall deem most appropriate, describing the availability of such station, its purpose, location or locations and days and hours of operation. Purchase of a punchcard to use for payment of disposal is required. Punchcards shall be available for purchase at City Hall, 720 Murdock Street, Sedro-Woolley, during normal business hours. (Ord. 1411-01 § 1, 2001: Ord. 1327-99 § 1, 1999)

 

8.04.103       Yard waste punchcard.

    The fee for yard waste disposal service at a city site established for such purposes, during established hours, shall be as follows:

    A.    For compost yard waste materials (for purposes of this section, yard waste material is limited to yard waste material which does not need to be chipped prior to disposal, such as grass, leaves, fruits, vegetables, etc.):

    1.     Fee for city residents:

 

a.     A minimum charge (up to one 32 gallon garbage can):

$ 1.00

b.     Brush-per yard

12.00

 

    2.     The fee for nonresidents of the city who reside within the urban growth boundary of the city shall be double the fee for city residents.

    B.     The fee for yard waste disposal must be prepaid through the purchase of a punchcard. Punchcards shall be available for purchase at City Hall, 720 Murdock Street, Sedro-Woolley, during normal business hours. The punchcards shall entitle the bearer to yard waste disposal service in the amount of five dollars and twenty dollars.

    C.     The mayor or his designee may charge any residents or customer such additional service charges when he or she determines that special circumstances make it necessary to do so in order to compensate the city for the actual cost of yard waste collection, disposal and administration, when the foregoing fee schedule is not adequate for this purpose. Any resident or customer may appeal the assessment of this additional charge to the city council. Notice of appeal shall be made by written request to the city clerk within ten days of mailing of the bill or receipt of payment for such services by the city, whichever is less. The decision of the city council shall be final. (Ord. 1530-05 § 2, 2005: Ord. 1411-01 § 2, 2001: Ord. 1327-99 § 2, 1999)

 

8.04.104       Recycling fees.

    A.    The following fees shall be charged for recycling specific items:

 

Tires

$  2.00 per tire

Refrigerators and freezers

$25.00

Stoves, washers or dryers

$15.00

Wood waste

$10.00 per pickup load

Computer monitors—up to 21"

$15.00

TV’s—up to 25"

$25.00

TV’s—26" to 36"

$35.00

TV’s—37" and larger

$  1.25 per inch

TV’s with consoles add

$10.00

Desktop copiers

$25.00

Floor model copiers

$35.00

Computers, laptops, notebooks, scanners, fax machines, VCR’s, stereos, DVD players, cell phones, etc.

$  1.00 per item

Microwave ovens

$16.00 (with console add $10.00)

Junk vehicles (must coordinate with code enforcement)

$50.00 per vehicle

Commercial recycling (including cardboard and mixed paper)

Mixed paper-68 gallon

$18.00 monthly

 

Mixed paper-1 yard

$24.50 monthly

 

Mixed paper-2 yard

$49.00 monthly

 

Mixed paper-4 yard

$95.00 monthly

 

Mixed paper-6 yard

$126.00 monthly

 

Cardboard-2 yard

$33.00 monthly

 

Cardboard-4 yard

$43.00 monthly

 

Cardboard-6 yard

$53.00 monthly

 

    B.     The mayor or his designee may charge any residents or customer such additional service charges when he or she determines that special circumstances make it necessary to do so in order to compensate the city for the actual cost of recycling disposal and administration, when the forgoing fee schedule is not adequate for this purpose. Any resident or customer may appeal the assessment of this additional charge to the city council. Notice of appeal shall be made by written request to the city clerk within ten days of mailing of the bill or receipt of payment for such services by the city, whichever is less. The decision of the city council shall be final. (Ord. 1530-05 § 3, 2005; Ord. 1479-04 § 4, 2004)

 

8.04.105       Discontinuance of refuse collection.

    A.    A property owner may discontinue service for garbage and refuse collection for a period of not less than two calendar months, in monthly increments beginning on the first day of a billing cycle period, upon prior written request to the city. The city-owned refuse container must be made accessible for pickup at the time of the request for suspension of service. Reinstatement of service must be made seven days prior to reoccupancy of the property. Garbage and refuse collection service may only be discontinued if the parcel or unit is completely unoccupied for the entire billing cycle period for which discontinuance of service is requested; provided, garbage and refuse collection service may not be discontinued during remodeling or construction work.

    B.     The city will discontinue billing for the billing cycle period for which service is discontinued.

    C.     The owner of an apartment building or other multi-unit dwelling, or owner of multiple units or structures, or parcel with multiple occupants which share a common refuse container or receive a single bill for more than one unit or structure or parcel, may not discontinue service if any unit, structure, or portion or the parcel is occupied. (Ord. 1413-01 § 1, 2001: Ord. 1294-98 § 1, 1998)

 

8.04.110       Penalties.

    Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding three hundred dollars or imprisonment in the city jail for a term not exceeding thirty days or both in the discretion of the court. (Ord. 689 § 6, 1969)

 

8.04.120       Fuel surcharge.

    A fuel surcharge of one dollar per month shall be charged for each regular account, and a fuel surcharge of twenty-five cents per trip for each pickup in excess of one pickup per week, shall be added to each billing. (Ord. 1530-05 § 4, 2005)

 

 


Chapter 8.08

 

SERVICE CHARGES

 

Sections:

8.08.010       Maximum charge.

8.08.020       Eligible head of household defined.

8.08.030       Application for reduced rates.

8.08.040       Application forms and affidavits.

8.08.050       False representation.

 

8.08.010       Maximum charge.

    The maximum charge for garbage collection service at the residence of an eligible head of household, as defined in Section 8.08.020, shall be eighty percent of applicable residential rate, provided, however, that no more than one garbage can per week shall be picked up at such residence without additional charge being made at the regular rate. This discount will not apply to recycling or other special services. (Ord. 1409 § 2, 2001: Ord. 1094 § 2 (part), 1989: Ord. 1039 § 1, 1986)

 

8.08.020       Eligible head of household defined.

    For purposes of this chapter, an “eligible head of household” shall be defined as follows:

    Any person who has qualified for exemption from all or a portion of the amount of excess and regular property taxes for the claimed residence pursuant to RCW 84.36.381. Proof of entitlement may consist of documents or copies of documents from the county assessor’s office showing that the applicant meets the necessary qualification as set forth in RCW 84.36.381. (Ord. 1503-05 § 1, 2005: Ord. 1409-01 § 3, 2001: Ord. 1094 § 2 (part), 1989: Ord. 1039 § 2, 1986)

 

8.08.030       Application for reduced rates.

    No person, however qualified, shall be entitled to the reduced garbage collection rates provided in this chapter until such person has made official application for the same with the clerk of the sanitation department of the city. Reductions of rates made pursuant to this chapter shall be effective only for the billing period during which application is made in accordance with this chapter, and for those billing periods occurring thereafter during which time the applicant remains eligible to receive reduced garbage collection rates. (Ord. 699 § 3, 1970)

 

8.08.040       Application forms and affidavits.

    The clerk of the city sanitation department is hereby directed to maintain a supply of affidavits and application forms establishing qualifications of applicants for reduced collection rates, in a form to be approved by the city council. (Ord. 699 § 4, 1970)

 

8.08.050       False representation.

    Any person making false representations in order to secure reduced garbage collection rates pursuant to this chapter shall be guilty of a misdemeanor. (Ord. 699 § 5, 1970)

 

 


Chapter 8.12

 

CITY DUMP

 

Sections:

8.12.010       Permit required.

8.12.020       Reserves right to not issue permit.

8.12.030       Dumping for hire or compensation.

8.12.040       Penalty for violations.

 

8.12.010       Permit required.

    All persons, firms, agencies or corporations who deposit trash, garbage or other debris at the city dump shall first obtain from the city clerk or other properly designated official a dump permit, and upon request shall be required to display the permit to the city dump caretaker or custodian. (Ord. 637 § 1, 1964)

 

8.12.020       Reserves right to not issue permit.

    The city reserves the right to not issue such permit, or to increase the cost or revoke the permit for any person, firm, agency or corporation who dumps or intends to dump such disproportionately large amount of garbage or debris or such type of garbage or debris as would or does create a sanitary or health problem at the city dump, or who fails to abide by the city dump rules or regulations as now exist or may hereafter be adopted by the city. (Ord. 637 § 3, 1964)

 

8.12.030       Dumping for hire or compensation.

    No person, firm, agency or corporation issued a permit under this chapter shall haul or dump garbage or debris for other persons, firms, agencies or corporations for hire or compensation; provided that, the provisions of this chapter shall not apply to any official garbage remover who has a hauling franchise from the city for garbage hauling. (Ord. 637 § 4, 1964)

 

8.12.040       Penalty for violations.

    Any person violating or attempting to violate the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars or by imprisonment in the city jail for not to exceed ten days or by both such fine and imprisonment. (Ord. 637 § 5, 1964)

 

 


Chapter 8.16

 

NUISANCES

 

Sections:

8.16.010       Definitions.

8.16.020       Types of nuisances.

8.16.030       Prohibited conduct.

8.16.040       Enforcement—Notice.

8.16.050       Abatement—By city.

8.16.060       Abatement—By owner or other responsible person.

8.16.070       Right to appeal.

8.16.080       Immediate danger—Summary abatement.

8.16.090       Penalties.

 

8.16.010       Definitions.

    The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

    A.    “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

    B.     “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

    C.     “Enforcement officer” means the clerk-treasurer or any alternate as designated by the clerk-treasurer.

    D.    “Premises” means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

    E.     “Property” means any object of value that a person may lawfully acquire and hold.