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ORDINANCE NO.2702
AN ORDINANCE AMENDING CHAPTER 8.08 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "GARBAGE COLLECTION"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection" is amended as
follows:
8.08.025 Private Hauling Prohibited:Except where preempted by state law or pursuant to a written City
contractorfranchise as providedhereafter, no person may providegarbage, rubbish,refuse, solid
waste,or other waste material collection or disposal services or residential recycling collection
services.
8.08.057 Solid Waste Franchises:
A.Persons holding a state Certificate of Public Convenience and Necessity within any areas
annexed by the City and entitled to an exclusive municipal franchise following annexation
under RCW 35A.14are hereby granted an exclusive franchise as provided by lawfora period
of ten (10)years commencing at the effective date of annexation.
1.The City may present a separate franchise document or contract for approval by any
affected party,but failure of said partyto sign or accept the same shall not delay the
operation of this section, or the City may deem said failure to be a surrender or
abandonment of all rights.
2.The terms of this section shall form the basis for any franchise or contract for the
collection, removal, and disposal of garbage, rubbish, refuse, solid waste,or waste
material.
B. Any party collecting garbage,rubbish,refuse,solid waste, orwaste material inthe City of
Moses Lake pursuant to this section shall be subject to the following furtherconditions:
1.The franchise shall not exceed the scope of permission as to kind of service,territory,or
any other permission relating tothe collection,removal,and disposalof garbage rubbish,
refuse, solid waste,or waste material granted by any state Certificate of Public
Convenience and Necessity thathas been cancelled byoperationofthe lawsineffect prior
to the time of annexation.
2.Rates shallbe fair and reasonable. Compliance withthe State ofWashington Utilities and
Transportation Commission (WUTC) approved rates for similar services shall be
presumed fair and reasonable, but rates in excess of such rates shallbe presumed to be
not fair and reasonable. Allrates are subject to review and approval bythe City's Finance
Director,guided by standards applicable to WUTC certified haulers.
3. Service levels shall be adequate and sufficient to satisfy all customer needs.Service
levels mustbe at least to the level currentlyprovidedwithinthe Cityof Moses Lake. Such
levels of service shall be presumed adequate and sufficient.Service not at such levels
shallbe presumed insufficient. Allservices aresubject toreviewandapprovalbythe City's
Finance Director who shall consider WUTC policies and practices.
4. The hauler shall be solely and separately responsible for all activities and shall never
represent that itis an employer or agent of the Cityof Moses Lake.
a.The hauler must indemnify and hold the City harmless,its officers, agents, and
employees from allloss or liability forthe service provider'saction inconnection with
the enjoyment ofservice privileges.
Ordinance No.2702
Page 2 February 11,2014
b.The party shall be required to furnish evidence of insurance including naming the City f~\
of Moses Lake as an additional insured on insurance levels the City may reasonably
require. An endorsement to the insurance policyshall also be required showing that
the City has been named as an additional insured.
8.08.060 Container Regulations:
A. Itshall be the duty of every person in possession,charge or in control of any dwelling,flat,
roominghouse,apartment house,or eating place or in possession,charge,or control of any
shop, place of business,or manufacturing establishment at all times,to keep or cause to be
kept, portablecontainers, carts, orgarbage cansofapproved size, type, and construction, and
to deposit or cause to be deposited the refuse therein.
B.Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes.Such
containers,carts,and cans shall be kept in a sanitary condition with the outside thereof clean
and free from accumulative grease and decomposing material.Putrescible waste shall be
placed in sealed bags priorto being placed in a cart, container, or can.
C. For residential service every cart on the day designated forcollection, shall be placed within
five feet (51)of the traveled right-of-wayand at least five feet (5') from any obstruction with the
front facing the street or alley.Where alley access is available,meaning that the alley has
sufficient height and width clearances forthe collector of refuse's equipmentto negotiate the
alley without interference,all containers shall be placed at the alley line.Where no alley
access is available, all containers shall be placed at the curb line on the day designated for
collection and on all other days shall be removed from street view. For commercial service,
accounts shall have their containers placed on a solid surface in a location accessible to the
collector ofgarbage and refuse without its having tomove thecontainer up grades.Safety and ^_^maneuverability of the collector of refuse's vehicles shall be prime considerations,but not the /^]
only considerations,in determining accessibility.The Utility Account Technician,after
consulting with the property owner if required, shall be the determiner of accessibility after
conferring with the collector of garbage and refuse.If there is a dispute between the Utility
Account Technician and the collector of garbage and refuse as to accessibility,the City
Manager shall make the determination as to whether a location is accessible.The decision
of the City Manager shall be final.Provided there is access to the container,the collector of
garbage and refuse shall pick up all commercial accounts where the container is located
whether the location is on private or publicly owned property.
D.Each container,cart, or can shall be kept clean inside and out so that no odor nuisance shall
exist.Itshall be the responsibility of the person using anycontainer,cart, or can to keep them
clean unless this responsibility is altered by contract between the city and the collector of
garbage and refuse.In such a situation,the contract shall control.The area around the
containers shall be kept in a neat and sanitary condition.The Utility Account Technician may
place tags on garbage containers found to be in violation of this subsection and notify the
property ownerwhen the areas around the containerare not being kept in a neat and sanitary
condition.All tags and notifications shall be dated and signed by the Utility Account
Technician.Two (2) or more violations of this provision of this section shall subjectthe person
responsible to the penalties described in Chapter 1.08 ofthis code.
E.Those containers or cans found to be defective or illegal (defective bottoms,crushed so that
lids will not fit,fifty-five (55) gallon barrels,waste baskets,paper drums,etc.)or any other
containers that are found to be illegal shall be subject to impounding and/or disposal.If a
container received two (2)violations within a thirty (30) day period,the Utility Account
Technician ofthe city may authorize its destruction or impoundment.
The container or can shall be stored by the city not to exceed ten (10)days.Ifafter ten (10)
days the owner has not claimed and agreed to repair the illegal container or can,it will be
disposed of by the city.The impoundment of an illegal container shall not relieve the owner
from compliance with regulations in this chapter.
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Ordinance No.2702
Page 3 February 11, 2014
F. No garbage or refuse cart,can,or container shall contain earth,rocks,or heavy refuse.Any
cart,can or container requiring a person to lift it shall not exceed fifty (50)pounds in total
weight of container and refuse.
G.Customers must restrain vicious dogs beyond reach of the garbage containers,carts,or cans
and prevent any interference with the pickup person on this account.
H. Large,suitable containers for collection of garbage and refuse may, with the approval of the
Utility Account Technician,be used inthe business and commercial zones.Such containers
shall be supplied by the collector of garbage and refuse ifthe collector of garbage and refuse
is so required by his contract with the city, however,that does not preclude any person from
owning their own container(s)ifthey so desire.
I.Compactors for industrial and commercial users shall be designed to be compatible with local
sanitation transportation equipment.The Utility Account Technician shall approve all
compactors used for commercial or industrial uses.
J.All carts,cans,containers,or compactors,shall comply with the Consumer Products Safety
Commission laws and regulations.Itshall be the responsibility of the account holder assigned
any container,or compactor to load it so that it can be legally hauled on public highways by the
contractor of garbage and refuse.Containers shall not be loaded heavier than five hundred
(500)pounds gross per cubic yard of capacity and inno event more than two thousand (2,000)
pounds.
K.Itshall be the duty of every person in possession,charge,or control of any dead animal or
upon whose premises the same may be located,to forthwith cause the same to be removed
and disposed of.
L.No person shall place their garbage,rubbish,refuse,solid waste,or other waste material in
the container or garbage can of another.
M.Containers designated for residential use may not be used forany commercial purpose except
as may be allowed by this chapter.
N.It shall be the responsibility of each account holder or customer to manage the carts under
their custody and control.The repair or replacement of all carts damaged,destroyed,stolen,
or lost as a result of the negligence of the account holder or customer shall be billed to the
account holder or customer.
Section 2.This ordinance shall take effect and be inforce five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on February 11,2014.
Dick Deane,Mayor
APPROVED AS TO FORM:
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Kathofine L.Kenison,CityAttorney