1288ORDINANCE NO. 1288
AN ORDINANCE PROVIDING FOR THE CREATION OF THE
SANITATION DEPARTMENT AND FOR THE COLLECTION OF
GARBAGE, WASTE, TRASH AND REFUSE IN THE CITY OF
WEST MEMPHIS, FIXING A SCHEDULE OF FEES FOR SAID
SERVICES, PROVIDING A PENALTY FOR THE VIOLATION
HEREOF, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. CREATION OF SANITATION DEPARTMENT. There is
hereby created and established a Department of the City of
West Memphis, which shall hereafter be known as the
Sanitation Department and which Department shall be under
the management
of the City of
Mayor.
SECTION 2.
i
purpose of thi
except sewage.
and supervision of the Sanitation Supervisor
West Memphis, who shall be appointed by the
GARBAGE DEFINED. The term "garbage" for the
a Ordinance shall mean all waste and rubbish
SECTION 3. COLLECTION OF GARBAGE. From and after the
passage of this Ordinance, all garbage and trash shall be
collected exclusively by the Sanitation Department of the
City of West Memphis, except as herein provided.
From and after the passage of this Ordinance, it shall
be unlawful for any person, firm, association and/or
corporation to collect or move garbage and/or trash in the
City of West Memphis until such person, persons, firm,
association and/or corporation shall have made application
and secured a written permit from the Sanitation Department
and paid the fee provided in Section 4 of this Ordinance,
""~ in addition to any and all other requirements as set by
law. However, any person, persons, firm, asociation and/or
corporation desiring to haul garbage accumulated on the
owner's premises may do so provided the containers and
conveyance for the hauling and disposal of the garbage is
approved by the Sanitation Department.
SECTION 4. LEVY OF FEE. There is hereby levied a
license and inspection fee of $50.00 per year or a
fractional part thereof for each conveyance or vehicle used
in the collection of garbage and/or trash as defined in
this Ordinance.
SECTION 5. CONTAINERS PROVIDED. All proprietors or any
and all business establishments without regard to the type
or kind of business, trade or professioncarried on shall
provide the necessary containers as provided herein for the
collection of garbage and/or trash. The occupant of each
and every dwelling unit in the City of West Memphis shall
likewise provide containers as provided herein for the
collection of garbage and/or trash.
Garbage shall be collected and kept in containers with
tightly fitted covers, such containers shall have a
capacity not to exceed thirty (30) gallons and shall be
provided with two handles.
Ashes, cinders and the like shall not be considered as
garbage and in the event the owner or such occupant of any
premises shall desire the Sanitation Department to haul
such, he shall pay the charges as herein provided for said
services and shall be in addition to the regular monthly
garbage charge as provided herein.
All limbs shall be no more than 42 inches in length and
10 inches in diameter. All loose trash, such as leaves,
grass clippings, paper products and the like, shall be
placed in containers, bags or paste board cartons and left
at curbside and not on the street surface in residential
areas and shall be prohibited in non-residential areas .
SECTION 6. COLLECTION OF STRAW, PAPER AND OTHER ITEMS.
It shall be the duty of all persons, firms, associations or
corporations to provide a suitable container for paper,
excelsior, straw and other such items to prevent same from
being blown or scattered about.
SECTION 7. PREPARATION FOR COLLECTION. All garbage
shall be drained of liquids before being placed in garbage
containers.
SECTION 8. UNLAWFUL TO DUMP GARBAGE. Hereafter it shall
be unlawful for any person, persons, firm, association
and/or corporation to burn any garbage or waste materials
in the City of West Memphis except in incinerators that
have been approved by the Fire Department or the Sanitation
Department. It shall be unlawful for any person, persons,
firm, association and/or corporation to dump, throw or
place garbage and/or trash on any vacant lot, side walk,
street, alley or other public place in the City of West
Memphis.
SECTION 9. INTERFERENCE WITH GARBAGE CONTAINERS. It
shall be unlawful for any person or persons to damage,
remove, destroy or in any manner interfere with garbage
containers or the contents thereof except as herein
provided.
SECTION 10. TIME OF COLLECTION. Garbage shall be
collected from private residences by the Sanitation
Department at least once each week; and it is hereby made
the duty of the occupants of every building in the City of
West Memphis to have garbage on their premises properly
placed in approved containers and available for collection
by the Sanitation Department. Trash pick-ups shall be
collected from each residence and apartment weekly. Garbage
shall be collected from business and commercial dumpsters
as deemed necessary.
SECTION 11. COLLECTION OF OTHER THAN GARBAGE. As a part
of its duty, the Sanitation Department may collect and haul
large or excessive accumulation of weeds, limbs,
vegetation, refuse, debris or other like substance which
results from construction or repair work from any alley or
premises of any person and such person shall be required to
pay for said services the sum of $50.00 per load.
SECTION 12. COLLECTION FEES. The fees to be charged and
paid for the collection and disposal of garbage shall be on
a monthly basis, payable in advance, as follows:
ESTABLISHMENT MONTHLY FEE
Each residence or apartment occupied
by one (1) family, separate metered,
separate pick-up $ 6.50
Apartment buildings, central pick-up,
each apartment $ 5.00
Office building shall pay for each
separate suite of rooms, or room in
said building or classified in schedule
below: $ 2.00
CUSTOM GARBAGE PICK-UP (PER LOAD) $ 25.00
Each building, house or part of buildings
occupied by a commercial business shall
be classified by the Sanitation Department
according to volume and weight of garbage
accumulated by such business and/or the
handling costs, and there shall be levied
and collected the following fees:
Class A $ 5.00
Class B $ 7.50
Class C $ 10.00
Class D $ 12.50
Class E $ 15.00
Class F $ 17.50
Class G $ 20.00
Class H $ 22.50
Class I $ 25.00
Class J $ 27.50
Class K $ 30.00
Class L $ 35.00
Class M $ 40.00
Class N $ 45.00
Class O $ 50.00
Class P $ 75.00
Class Q $100.00
Class R $150.00
DUMPSTER RATES
SIZE PICK-UPS/WEEK PER DUMPSTER
4 Yards 1 $ 30.00
4 Yards 2 $ 53.00
4 Yards 3 $ 83.00
4 Yards 4 $120.00
4 Yards 5 $150.00
6 Yards 1 $ 40.00
6 Yards 2 $ 75.00
6 Yards 3 $110.00
6 Yards 4 $141.00
6 Yards 5 $175.00
All Public Schools in the City of West Memphis,
Arkansas, shall have dumpster rates as follows:
Pick-ups per week
and dumpster
6_~yard dumpsterdumpster
One (1)
Two {2)
Three (3)
Four (4)
Five (5)
$10.00
$17.50
$27.50
$40.00
$50.00
$12.50
$20.00
$30.00
$45.00
$55.00
SECTION 13. USERS FEE. There will be a users fee of
Fifty Dollars ($50.00) per container for the period of
January 1 through December 31 of each year for containers
of up to and including a capacity of six cubic yards, and a
users fee of One hundred Dollars ($100.00) per container
for the period of January 1 through December 31 of each
year for containers in excess of six cubic yards capacity,
for commercial pick-up by a private firm.
Each container must be registered with the City Clerk's
Office which will issue a sticker which must be displayed
on each container in such a manner that it may be checked
by the Utility Meter Readers. A fine of One Hundred Fifty
($150.00) Dollars per container shall be charged if a
container is found not registered with the City Clerk.
Companies shall have thirty (30) days to comply after
the passage of this Ordinance.
SECTION 14. PERSON RESPONSIBLE FOR PAYMENT. The fees
chargable against dwelling houses and other establishments
are levied on and collectible from the person as named on
the monthly statement from the West Memphis Utility
Commission.
SECTION 15. COLLECTION OF MONTHLY FEES. The West
Memphis Utility Commission is hereby designated and
appointed the collector of the fees herein levied. The
amount of the fee herein provided for shall be shown on the
Utility bill and collected along with the said Utility bill
and for the same period. A schedule showing the name of
each person and the amount to be collected for garbage
service shall be prepared by the Sanitation Department and
furnished the West Memphis Utility Commission and said list
shall be revised from time to time to correctly show the '~
amounts to be collected and the persons from whom to be
collected. The fees collected, less expenses incurred by
the West Memphis Utility Commission in effecting
collections, shall be remitted on or before the 25th day of
the month following the month for which collections were
made. Said sum shall be remitted to the City Treasurer.
SECTION 16. FAILURE TO PAY FEE. In the event the fee
provided herein is not paid within ten (10) days after the
due date, a penalty of ten percent (100) shall be assessed
for delayed payment. Any person failing, refusing and/or
neglecting to pay said charges within thirty (30) days
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined as herein provided, and each day any
person, persons, firm, association and/or corporation fails
to pay after thirty (30) days shall be deemed a separate
offense and punished accordingly.
SECTION 17. CIVIL REMEDY. In the event any fee levied
herein remains unpaid for a period in excess of thirty (30)
days, the City Attorney shall be and hereby is authorized
to institute civil suit for the recovery of said sums due
together with any penalties that may be attached thereto
plus costs of the Court.
SECTION 18. REMOVAL OF SUBSTANCES OTHER THAN GARBAGE.
The Sanitation Department and/or the City shall not be
obligated to pick up or remove refuse or debris which
results from construction and/or repair of any building or
buildings and wood or limbs cut or removed from shrubbery.
SECTION 19. INSPECTION. It shall be the duty of the
Sanitation Department to make regular inspections of all
premises, alleys, vacant lots and the containers for the
collection of garbage; and the owner of any premises,
alleys, vacant lots or garbage containers found in
unsanitary condition shall be notified to correct same and
if not corrected within ten (10) days, then such person
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined as herein provided, and each day
refusing to comply with said request shall be deemed a
separate offense and punished accordingly.
SECTION 20. PROVIDING DUMPING GROUND. The City Council
of West Memphis shall provide a suitable place where all
garbage, waste material, refuse, trash or debris shall be
burned, buried or otherwise disposed of.
SECTION 21. SURPLUS FUNDS. Any sums collected under the
provisions of this Ordinance which exceed the cost of
maintaining the service herein provided shall be paid into
the general fund of the City of West Memphis and shall be
used for the future maintenance of the Sanitation
Department.
SECTION 22. UNLAWFUL DUMPING IN DITCHES AND STREAMS. It
shall be unlawful and punishable as provided in Section 24
of this Ordinance for any person, firm or corporation to
throw, discharge, dump, deposit or otherwise leave in any
ditch or stream within the city limits, any substance,
matter or thing, liquid or solid, including, but not
limited to bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage, refuse or other trash.
SECTION 23. PENALTY. Violation of these provisions is
hereby declared to be a misdemeanor punishable as set forth
in Ordinance Number 757 of the City of West Memphis, ~
Arkansas.
SECTION 24. SEVERABILITY CLAUSE. If any part, section
or paragraph of this Ordinance be held to be
unconstitutional or invalid for any reason, such
unconstitutionality or invalidity shall not affect the
remaining portions of this Ordinance.
SECTION 25. REPEALING CLAUSE. Ordinances numbered 180,
488, 553, 675, 733, 792, 920, 1008, 1009, 1148, 1162, 1171,
1260, 1272, 1276 and 1285 and all ordinances or parts or
ordinances in conflict herewith are hereby repealed.
SECTION 26. EMERGENCY CLAUSE. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is considerable confusion regarding
the establishment and operations of the Garbage Department,
also known as the Sanitation Department, and the services
to be provided and the fees to be collected and a
comprehensive ordinance is needed to resolve the situation,
an emergency is hereby declared to exist, and this
w
. .
Ordinance being necessary for the public peace, health,
welfare and safety of the Citizens of West Memphis,
Arkansas, shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this ~1~}- day of 1987.
--
MAYOR
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ATTEST:
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