2555 ORDINANCE NO.
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AN ORDINANCE TO ABOLISH ORDINANCE NO. 1288 AND TO
ESTABLISH RESIDENTIAL AND COMMERCIAL CURB-SIDE
GARBAGE PICKUP OF BAGGED GARBAGE, WASTE AND REFUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION 1: DEFINITIONS. The following words and phrases when used in this
Ordinance shall have the meaning respectively ascribed to them herein:
SECTION 1.1. GARBAGE. The term "garbage" for the purpose of tfis
Ordinance shall mean all solid waste and/or rubbish normally generated inside of
residential or small commercial establishments that is bagged and placed in a
container provided by the city. Garbage may not contain any type of construction
debris, hazardous materials, yard waste, compressed gas cylinders, anything that
could explode or cause a fire, medical waste, motor oil, tires, shall be drained of
all liquids or any such item excluded from landfill disposal under local, state and/or
federal laws and regulations.
SECTION 1.2. RESIDENTIAL ESTABLISHMENT. Residential
establishment is defined as any structure intended or used as a family dwelling,
whether having multi-dwellings (apartments without any dumpster service and
previously. received back yard service) or a single dwelling. If a residential
establishment contains a commercial dumpster for the use of disposing of
garbage, the establishment will not be eligible for curbside container pickups.
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SECTION 1.4. COMMERCIAL ESTABLISHMENT. Any structure intended
or used for the purpose of conducting a commercial business enterprise.
SECTION 1.5. CONTAINERS. Each resident and commercial business that
uses garbage containers will be provided (1) one, city provided (96) gallon roll-out
receptacles, having adequate strength for lifting and having a tight-fitting lid
capable of preventing entrance into the container by rodents and insects for the
deposit of bagged.-solid waste or garbage. If additional containers are requested
for a residential or commercial unit, the unit owner(s) shall be responsible for a
$75.00 charge per extra container. All original city provided containers must remain
with the commercial or residential establishment.
SECTION 1.6. OCCUPANT. Every person in a position of ownership or
possession of the premises in question, which shall include the agent, bailee,
actual owner, landlord, lessee, lessor, manager, tenant, and/or one or all the
above.
SECTION 1.6.. HANDICAPP. Certain disabled persons meeting uniform
requirements and are able to provide a physician's statement outlined in the proper
application proving they are physically handicapped to the extent that they are
substantially impaired from being able to transport household garbage from their
residence to the designated place for collection at the curb, street or alleyway.
SECTION 2. CURB-SIDE GARBAGE REGULATIONS.
SECTION 2.1. COLLECTION OF CURBSIDE CONTAINER GARBAGE.
All residential and commercial curbside container pickup shall be collected
exclusively by the Sanitation Department of the City of West Memphis. It shall be
unlawful for any person, firm, association and/or corporation to collect or move
bagged garbage in the City of West Memphis. However, any person, persons, firm
association 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.Public Works Director.
No person(s) shall pilfer or rummage through curbside containers for
personal gain. No person(s) shall remove the original container from the assigned
address; if the original owners of the property move or relocates, they must place
the original cart inside the garage, carport or beside the establishment for the next
owner. If the owner has acquired multiple containers, they will be the owner's
personal responsibility. All garbage must be bagged, tied,- and placed inside the
container with the lid closed for collection. If bags are not tied and the lid is not
placed tightly, the pickup maybe delayed until the following week. Situations as
such will be documented and turned into the Public Works Director.
If the assigned cart shall get damaged or defective the container must be
reported to the Sanitation Department so� it can be repaired or replaced. It is the
property owner's responsibility to make sure the container is washed kept clean. If
there is excess garbage that cannot fit inside the original container, an occasional
occurrence can be picked up by notifying the Sanitation Department in a timely
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manner. If the property owner continuously has excess loose garbage the owner
will need to purchase a 2nd cart.
SECTION 2.2. SCHEDULES. All residential and commercial curbside
container pickup shall occur once weekly per establishment. Handicap,
commercial and residential routes shall be separate according to the needs of the
customer. All containers must be placed in the correct location no later than 6:00
a.m. on the scheduled day of pickup and must be taken from the curb by 7:00 a.m.
the morning following the scheduled pickup. If the container is not placed curbside
by 6:00 a.m. and your unit is missed, the customer will have to wait until the
following week to receive curbside service. Each unit with the Sanitation
Department is equipped to ensure when pickup,occurs and if the container was
placed when service will be provided. If special circumstances arise that the
container cannot be removed from the curb, the occupant must get approval from
the Public Works Director, who will delay any penalty from incurring, so long as the
occupant obliges the approved special circumstantial allowance. It shall be the
duty of every occupant of any residence or commercial unit to provide enough solid
waste containers, as the city will only provide (1) one (96) ninety-six=gallon
container per unit, any more containers may be purchased from the city for$75.00
per container. The original container must remain at the served unit even if
ownership changes. The property owner must place containers in an
inconspicuous place on the property as to;not be visible from the street the house
is located on when it is not the pickup date for the address.
SECTION 2.2.1. FINES AND PENALTIES FOR SCHEDULE
VIOLATIONS. Fines will incur if containers are not removed by 6:00 a.m.
the following day after scheduled pickup:
1. First offense, written warning outlining the ordinance and
subsequent penalties. Warnings will remain on file with the
Public Works Director for no longer than (30) thirty days
and will be removed thereafter.
2. Not less than ($50.00) fifty dollars per day, (24) twenty-four
hour period, for the second offense.that occurs within (30)
thirty days of prior warning and will remain on file with the
Public Works Director for not longer than (30) thirty days
after the second offense is remedied.
3. Not less than ($100.00) one-hundred dollars per day, (24)
twenty-four hour period, for the third offense that occurs
within within (30) thirty days of prior warning and will
remain on file with the Public Works Director for not longer
than (30) thirty days after the second offense is remedied.
4. Not less than ($1000.00) one-thousand dollars per month,
(30) thirty days, if container is never removed from the curb
when the regularly scheduled service is scheduled, up to
(5) five months, when the city will confiscate the occupants
containers and the occupant will have to pay his or her fine
to get them returned. This fine will remain on file with the
Public Works Director for not longer than (30) thirty days
after the offense is remedied.
SECTION 2.3. PLACEMENT OF CONTAINERS. Containers shall be
placed behind the curb line of the street abutting such property but shall not be
placed in the street or on the sidewalk, or in any manner placed where the
containers will interfere with vehicular or pedestrian traffic. If there is any
discrepancy due to the location of curbside pickup, they situation may be
discussed with the Public Works Director. The property owner must place
containers in an inconspicuous place on the property as to not be visible from the
street the house is located on when it is not the pickup date for the address.
SECTION 2.4. HANDICAP PICKUP. The City of West Memphis provides
that certain disabled persons meeting uniform requirements, will be provided
house to curb service at the rate for curbside service. In order to qualify for the
exemption program, a city resident or unit owner must be able to provide state
documentation proving that they are physically handicapped to the extent that they
are substantially impaired from being able to transport household garbage
containers from their residence to the designated place for collection at the curb,
street or alleyway. There must also be no one residing at the address over the age
of (12) twelve years, who would be able to transport such waste from their
residence to the designated place for collection. Any resident or unit owner will be
required to provide proof of their disability by showing current state documentation
that they are eligible for the Disabled Parking passes or are eligible by written
documentation from a physician to remain on the exemption list yearly. January
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30th is the yearly cutoff date for applying and updating information. If your
application or updated information is not received, the property owner will
automatically be placed on regular curbside garbage service. Once the application
is received, a City of West Memphis representative will contact you and inform you
of your exemption status.
Placement of containers must be in a.location denoted by the handicapped
owner of the property and remain in the same location unless another location is
discussed with the Public Works Director to ensure smoothly operated weekly
service. Sanitation workers will go onto the owner's property to retrieve the city
issued container and will be put back into the same location once serviced. Bags
must be tied, .without liquid and the lid must be tightly secured. Any damage to
carts must be reported to the Sanitation Department so they can be repaired or
replaced. If the property owner moves or relocates, they must notify the Sanitation
Department to ensure the container is retrieved and maintained for the next
property owner.
_Passed and Approved on this 20th day of August, 2020.
MARCO M. McCLENDON, Mayor
Attest:
City Clerk
SPONSORED BY:
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jECEIVED
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