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2555 ORDINANCE NO. I 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. i 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 i i 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 i i 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: i jECEIVED CIe ' D e