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180ORDINANCE N0. C$O_ AN UftDINANCE REPEALING ORDINANCE' N0. 96 PROVIDING FOZ THE COLLECTION OF GARBAGE, 'JJASTL, TRASH AND REFUSE IN TI-T..g CITY OF Z~JEST IiiE'I~4PHIS, PROVIDING FOR INSPECTION OF FREP.2ISES, FIB- ING A SCI-~DULE OF FF,~,S FOR SAID SERVICE, PROVIDING A PENAL TY FOR THE VIOLATION HEREOF, PROVIDING FOR DISPOSITION OF AN Y SURPLUS OF FEES COLLECTED UNDr~R THIS AP~nENDMENT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IPI CONFLICT HERIi~V"JITH AND FOR OTHER PURPOS S. EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1 - CREATION OF GARBAGE DEPARTNIENT. There is here- by created and established a Department of the City of ti"dent Memphis, which shall hereafter be known as the Garbage Department and which Department shall be under tl~e management and super- vision of the City Engineer of the City of V`Jest Memphis. SECTION 2 - GARBAGE DEFINED. The term "garbage" for the purpose of this ordinance shall mean all waste and rubbish except sewage . SECTION 3.- COLLECTION OF GARBAGE. From and after the passage of this Ordinance, all garbage shall be collected exclu- sively by the Garbage Department of the City of ti"Jest r,7emphis, except as herein provided. From and after the passage and approval of this Ordinance, : .H .~ it shall be unlawful for any person, persons, firm, association and~or corporation to collect or move garbage in the City of West 142emphis until such person, persons, firm, association and,~or corporation shall have made application and secured a written ~~ permit from the Garbage Department and paid the fee provided r ~.r r,~ herein. However, any person, persons, firm, association and~or core oration desiring to haul garbage accumulated on the owners premises may do so provided the containers and conveyance for the hauling and disposal of the garbage is approved by the Garbage ''~` Department. ~1~rr'' - 2 - SECTION 1.{. - LEVY OF FEE. There is hereby levied a license. and inspection fee of X50.00 per year or a fractional part thereof for each conveyance or vehicle used in the collection of garbage 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 profession carried on shall provide ,.`,r" the necessary containers as provided herein for the collection of garbage. The occupant of each and every dwelling unit in the City of guest Memphis shall likewise provide containers as pro- vided herein for the collection of garbage. Garbage shall be collected and kept in galvanized iron containers with tightly fitted covers, such containers shall have a capacity not to exceed thirty (30) gallons and shall be pro- vided with two handles. Ashes, cinders and the like shall not be considered as garbage a.nd in the event the owner or such occupant of any pre- mises shall desire the Garbage 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. Paper, rags and such items may be placed in burlap bags or in paste board cartons and left at a convenient place. ~-`~ SECTION 6 - COLLECTION OF STRAW, PAPER AND OTHER ITEM5. It shall be the duty of all persons, firms, associations or corpora- tions to provide a suitable contai ner for paper, excelsior, straw and other such items to prevent same from being blown or scattered about . SECTION 7 - PREPARATION FOR COLIECTIODT. All garbage shall be drained of liquids before being placed in garbage containers. --~ a -3- SECTIOPI 8 - UNLAutiFUL TO DUT?P GARBAGE. (a) Hereafter it shall be unlawful for any person, persons, firm, association and/or corporation to burn any garb age or waste materials in the City of '~°Iest Memphis except in incinerators that have been approved by the Fire Department and/or Garbage Department . a (b) It shall be unlawful for any person, persons, firm, association and/or corporation to .dump, throw or place garbage on any vacant lot, side walk, street, alley or other public place in the City of 1'Vest Memphis. SECTION 9 - 14i0LESTING GARBAGE CANS. It shall be unlawful for any person or persons to damage, remove, destroy or in any manner interfere with garbalge containers or the contents thereof except as herein provided. SECTION 10 - TIr~4E OF COLLECTION. Garbage shall be collect- ed from private residences by the Garbage Department at least once a week during the months of October first to April first, at least twice a week from April first to October first of each ye ar, and it is hereby made the duty of the occupants of every dwelling in the City of b"pest P,2emphis to have garbage on their premises properly placed in approved containers and avai lab le for collection by the Garbage Department. Garbage shall be collected from business and commercial places once each day with the exception of Sunday and Holidays. SECTIOPI 11 - COLLECTION OF OTfiER THAN GARBAGE. As a part of its duty, the Garbage Department may collect and haul large or excessive accumulation of weeds, limbs, vegetation, refuse, debris or other like substance which result from construction or repair work from any alley or premises of any pwrson and such person shall be required to pay for said services the sum of~3.00 per load. - ~. - SECTION 12 - CLASSIFICATION. 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 house or apartment, occupied b y one family unit ? .75 Office buildings shall pay for each separate suite of rooms, or room, in said building or classified in schedule below 1.00 Each buildin€;,, house or part of building occupied by a commercial business shall be classified by the Garbage Department according to volume and weight of garb age accumulated by such business a nd~or the handling costs , and there shall be levied and co11e cted the following; fees: Class A ~25.00 Class B 20.00 class C 15.00 Class D 12.00 .....Class E 10.00 Class F 8.00 Class G 6.00 Class H ~.00 Class _ J 2.00 SECTION 13 - HEAD OF FA1b~ILY DEFINED - PERSON RESPONSIBLE FOR PAYMEIvTT. The fees chargeable against dwelling- houses and other establishments are levied on and collectible from the person in whose name the dwelling house or establishment is rented, or from the person who is tie occupant, or from that person who in contemplation of law is the head of the family residing in the dwelling house unit. "The head of tYie fan ily" is defined as one who controls, supervises and~or manages the affairs about the house. In the event that in~comtemplation of law there is no head of the fam ily, the fees set out are hereby levied on and collectible from each adult residing on the premises, provided, however, that not more than one fee per month shall be paid for each dwelling house unit in which there is no head of a family. --~` SECTION lam- COLLECTION OF FEES. The Li~~~ht ~c 'JVater Department of tr'Jest Memphis is hereby designated and appointed the ~r collector of the fees herein levied. The amount cf" the fee here- in provided for shall be shown on the Light R~ b"Dater bill and collected along with the said Light 8- ~uater bill and for the same period. -5- A schedule showing the name of each person and the au1 ount r ~~ to be collected for garbage service shall be prepared by the Garbage Department and City Council and furnished the Light R~ Water Department, and said list shall be revised from time to time to correctly show the anounts to be collected and the per- sons from whom to be collected. The fees col~_ected, less expenses, incurred by the Light ti''later Depar tment in effecting collections, shall be remitt~d 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 15 - FAILURE TO PAY FLE. In the event the fee pro- vided 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, per~uons, firm, associa- tion and/or corporation fails to pay after thirty (30) days shall be deemed a separate offense and punished accordingly. SECTION l6 - CIVIL R.~,MEDY. In the event any fee levied he rein remains unpaid for a period in excess of thirty (30) days, the City Attorney shall be hereby and 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 17 - RE1~10VAL OF SUBSTANC:~~S OTHER THAN GARBAGE. "r By the passage and approval of this Ordinance, the Garbage Depart- ment 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. . a - ~ - SECTION 18 - INSPECTION. It shall be the duty of the Health Officer in cooperation with the Garbage 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 an unsanitary =r; condition shall be notified to correct sarne and if not corrected within ten (10) days, then such persons 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 re- quest shall be deemed a separate offense and_ punished accordingly. SECTION 19 - PROVIDING DUP.ZPING GROUND. The City Council of West Memphis shall provide a suitable place where all garbage, waste material, refuse or debris shall be burned, buried or othereise disp osed of . SECTION 20 - SURPLUS i{UNDS. Any sums collected under the pr ovisions of this Ordinance which exceed the cost of maintain- ing the service herein provided shall be paid into the general fund of the City of :Vest Memphis and shall be used for the main- tenance of the Health and Sanitation Services. SECTION 21 - PENALTY. Any person, persons, firm, associa- tion and/or corporation violating azy of the provisions of this Ordinance, or who f23. ].s or refuses to pay the fees herein pro- vided for and in the time and manner herein specified, upon conviction thereof, shall be deemed ~~;uilty of a misdemeanor and shall be fined in any sum not le s s than ;5.00 nor more than ~,'~25.00 , and each day each person, persons, firm, association and,~or corp oration continues to violate any of the provisions of this Ordinance shall constitute a separate offense and be punished accordingly. ..r • . '. _:: -7- SECTION 22 - SEVF~'RABILITY 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 the Ordinance. SECTION 23 -REPEALING CLAUSE. Ordinance No. 96 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Mayor ~, ATTEST: C y C er Passed and approved this 18th day of April, 1950. ~..~'