696_00001ORDINANCE NO.696
AN ORDINANCE AMENDING CHAPTER 5.2 OF THE MOSES LAKE CITY CODS
ENTITLED "GARBAGS COLLECTION"BY AMENDING SECTIONS 5.2.12,i 5.2.16,5.2.20,5.2.24,5.2.28,5.2.32,5.2.40,5.2.44,5.2.52,
5.2.56,5.2.64,5.2.72,ADDING A SECTION 5.2.73 AND DECLARING
AN EMERGENCY.
TIE CITY COUNCIL,OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.Section 5.2.12 entitled,DEFINITIONS is hereby amended to read as follows:
5.2.1 DEFINITIONS
5.2.12.10 AGRICULTURAL WASTE -All solid waste generated by the growing,washing,or
preparation for marketing of agricultural productiewithout cooking,blanching,
or other processing.
5.2.12.12 ASHES -The solid waste products of coal,wood or other fuels used for heating
and cooking,from all public and private establishments and from all residences.
5.2.12.14.COMBUSTIBLE RUBBISH -Burnable material is,in general,the organic component of
refuse paper,rags,cartons,boxes,wood,excelsior,furniture,bedding,rubber,
plastics,leather,tree branches,lawn trimmings,_and the like,some cities use
this term for only designated burnable materials.
5.2.12.16 COMMERCIAL REFOSE -All solid Wastes which originate in businesses,office
buildings,stores,markets,theaters,and other buildings.The point at which any
of the above becomes solid waste and is the responsibility of the City of Moses
I.ake garbage contractor shall be determined by the sanitation Technician of the
i
City of Moses Lake.
5.2.12.18 COMPACTOR COLLECTION TRUCK -Enclosed Vehicle provided With special mechanical
devices for loading the refuse into the main compartment of the body,for com-
pressing the loaded materials,and for distributing the refuse within the body.
5.2.12.20 CONSTRUCTION AND DEMOLITION WASTES -Waste building materials and rubble
resulting from construction,remodeling,repair and demolition operations on
houses,commercial buildings,pavements,and other structures.
5.2.12.22 CONTAINERS -Small receptacles (1 to 10 cubic yard capacity)that can be emptied
by compactor collection trucks on site.
5.2.12.24 DISPOSAL SITE -The location where any treatment,utilization processing ordepositionofsolidwasteoccurs.
5.2.12.26 DROP BOX SITE -A loading site where small loads of solid waste are dumped into
a large container for transport to a processing and/or disposal site.
5.2.12.28 FUNCTIONAL STANDARDS-The criteria for solid waste handling expressed in terms
of expected performance.
5.2.12.30 GARBAGE -All putrescible material including all putrescible animal and vegetable
wastes resulting from the handling,preparation,cooking and consumption of food•
swill and carcasses of dead animals,except sewage,sewage sludge and human body
wastes.
5.2.12.32 GROUND WATER -Water in the ground that is in the zone of saturation.
5.2.12.34 HA2ARDOUS WASTES -Dangerous wastes requiring special-handling including,but is
i not limited to,explosives,pathological wastes,-radioactive materials and
chemicals.
5.2.12.36 INDUSTRIAL SOLID WASTE -All èolid wastes which result from industrial processesandmanufacturingoperationssuchasfactories,processing plants,repair and
cleaning pstablishments,refineries and rendering plants.
Ordinance N .M6 :2
5.2.12.38 INSTITUTIONAL SOLID WASTE -Solid waste genera£ed by hospitals,nursing homes,
schools,prisons,reformatories,or other buildings housing an organization
having social,educational,or religious purpose.
5.2.12.39 JURISDICTIONAL HEALTH DEPARTMENT -Means city,county,city-county,or
district health department.
5.2.12.40 LANDFILL -The solid waste disposal process using land for the final disposal
site.
5.2.12.42 NONCOMBUSTIBLE RUBBISH -Material that is unburnable at orðinary incinerator
temperatures (1,300°to 2,000 F.).For the most part,it is the inorganic
component of refuse,such as tin cans,heavy metal,mineral matter,glass,
crockery,dust,metal furniture,ashes and the like.
5.2,.12.44 OFFAL -Intestine and discarded parts from the slaughter of animals.
5.2.12.46 ON-SITE DISPOSAL -Includes all means of disposal or,more usually,volume
reductiion,of refuse on premises before collection.Examples are garbage
grinding,burning or incineration,burial,compaction or slurrying at homes
and commercial establishments.
5.2.12.48 OPEN BURNING -The burning of solid wastes in an open area or burning of solid
wastes in a type of chamber or vessel which is not approved in regulations.
5.2.12.50 OPEN DUMPING -The depositing of solid wastes into a body or stream oE water,
or onto the surface of the ground without compacting the wastes and covering .
With suitable material to a suitable depth that would prevent vector nuisance
and pollution problems.
5,2.12.52 PATHOGEN -Any infective agent capable of producing disease,may be a virus,
rickettsia,bacterium,protozoan,etc.
5.2.12.54 PERSON -An individual,form,association,co-partnership,political subdivisi
government agency,municipality,industry,public or private corporation,.or a
other entity whatsoever.
5.2.12.56 POLLUTION -The presence in the environment or portion of the environment of
contaminating substances,materials,forms of animals or plant life in sufficient
quantities and of such characteristics and duration,as is or is likely to be,
injurious to humans,to other plant or animal life,or property,or which unrea-
sonably interfere with enjoyment of life and property.
5.2.12.58 PROCESSING OF WASTE -The operation of solid waste which converts a waste into
something useful,leaving the term "handling"to describe what is done to prepare
it for disposal.
5.2.12.60 PULL-ON-CONTAINER -Detachable container system in which large container (around
20-50 Cubic yards)is pulled onto service vehicle mechanically and carried to
disposal site for emptying.
5.2.12,62 PUTREscIBLE -Capable of being decomposed by micro-organisms with sufficient
rapidity as to cause nuisances from odors,gases,etc.Kitchen vastes,offal,
and dead animals are examples of'putrescible components of solid waste.
5.2.12.64 REFUSS -See SOLID WASTE.
5.2.12.66 REFUSE FILL -See IANDFILL.
5.2.12.68 RENDERING -A process of salvaging fats and oils,animal feed and other products
from animal waste by cooking.Dead animals,fish and wastes from slaughter
houses and butcher shops are commonly used.
Ordinance No.isu .3
5.2.12.70 RUBBISH -All discarded non-putrescible solid waste except ashes,including
paper,cardboard,tin cans,wood,glass,bedding,yard clipping,etc.
5.2.12.72 SALVAGE -Reclaimable solid waste such as paper,metal,bottles,or otheriobjectssavedforthepurposeofsaleorotherusenotprohibitedbylaw,
rule,or regulation,
5.2.12.74 SANITARY LANDFILL -A method of disposing of refuse on land without creating
nuisances or hazards to public health or safety,by utilizing the principles
of engineering to confine the refuse to the smallest practical area,to reduce
it to the smallest practical volume,and to cover it with a layer of earth at
the conclusion of each days operation or at auch more frequent intervals as .
,may be necessary.
5.2.12.76 SANITATION TECHNICIAN -The term "Sanitation Technician"shall mean the City
official or employee of the City of Moses Lake,delegated and authorized to
administer this ordinance.
5.2.12.78 SCAVENGING -The uncontrolled picking of materials.
5.2.12.80 SOLID WASTE -All putrescible and non-putrescible solid and semi-solid wastes,
including garbage,rubbish,ashes,industrial wastes,demolition and construction
vastes,abandoned vehicles or parts thereof,discarded home and industrial
appliances,manure,vegetable or animal solid and semi-solid wastes and other
discarded material.The point at which any of the above becomes solid waste and
is the responsibility of the city of moses Lake garbage contraccor shall be
determined by the Sanitation Technician of the City of Moses Lake.
5.2.12.82 SOLID WASTE DISPOSAL -Final disposition of solid waste by acceptable means.
5.2.12.84 SOLID WASTE HANDLING -The storage,collection,transportation,treatment,
i utilization,processing and final disposal of solid wastes.
5.2.12.86 SPECIAL WASTES -Wastes difficult or unusual in the characteristics of
quantities or composition to handle.
5.2.12.88 STREET REFUSE -Material picked up by manual and mechanical sweeping of streets
and sidewalks,litter from public litter receptacles,and dirt removed from
catch basins.
5.2.12.90 SURFACE WATER -A body of water whose top surface is exposed to the atmosphere
including a flowing body as well as a pond or lake.
5.2.12.92 SWILL -The semi-liquid anima3 or vegetable waste of kitchens,market or stores.
5.2.12.94 TRANSFER STATION -A loading site where solid waste is transferred from onevehicletoanotherfortransfertoa.final disposal site.
5.2.12.96 TRASH -See RUBBISH.
5.2.12.98 VECTOR (OF DISEASE)-A living insect or other arthropod,or animal (not human),
which transmits infectious diseases from one person or animal to another.
5.2.12.100 WASTE -Useless,unused,unwanted,or discarded materials.Waste includes solids,
liquids,and gases.The gases are principally industrial fumes and smoke;the
liquids consist mainly of sewage and the fluid part of industrial wastes,the
solids are classed as refuse or solid wastes.
Section 2.Section 5.2.16 entitled,"Sanitary Service Department -Inspector"is hereby
amended to read as follows:
5.2.16 CITY SANITARY DIVISION -For the purpose of carrying into effect the provisions
and aims of this ordinance,there is hereby created and established a division
to be known as the City sanitary Division.
Ordinance No.Aqs :4
The City Manager of the City of Moses Lake is hereby empowered and auth-
orized to appoint a suitable and qualified person as Sanitation Technician
and this person shall have full charge and control of all the work provided
for and contemplated under this ordinance and as may be provided for by rules
and regulations subsequently adopted.He shall also have charge.of all
collections and the enforcement of all charges for services rendered.
Section 3.Section 5.2.20 entitled "Sanitary Service Fund",is hereby amended to read
as follows:
5.2.20 SANITATION FUND -There is hereby created and.established a special fund
.known and designated as the Sanitation Fund,into which all sums collected
under this ordinance shall be.deposited and kept by the Treasurer of the City
of Moses Lake and from which all expenses of the administration and operation
of this ordinance shall be paid.
SeÒtion 4.Section 5.2.24,entitled "Garbage Container Regulations--Removal of Dead
Animals",is hereby amended to read as follows:
5.2.24 CONTAINER REGULATIONS -It shall be the duty of every person in possession,
charge or in control of any dwelling,flat,rooming house,apartment house,or
eating place,or in possession,charge,or control of any dwelling,flat,
rooming house,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,portable containers of approved size,type,
and construction,and to deposit or cause to be deposited said refuse therein.
Such containers shall be constructed in such a manner as to be strong,water-
tight,not easily corrodible,rodent-proof,insect-proof,and of not less than
15 and not more than 30 gallons capacity,shall have two handlea at the sides ,
thereof and tight-fitting lids.Such lids shall not be removed except when
necessary to place garbage and refuse in such containers or take the same there
from.When garbage and refuse is placed therein or taken therefrom,such lids
shall be replaced by the person placing the same therein or taking the same
therefrom.Refuse or garbage containers shall not be filled with dishwater or
other liquid or semi-liquid kitchen wastes,which are properly disposable down
sanitary drains.Such containers shall be kept in a sanitary condition with
the outside thereof elean and free from accumulative grease and decomposing
material.
Every container,on the day designated for collection,shall be kept in a place
accessible to the collector of garbage and refuse.where alley access is
available,all containers shaJ I 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.
Each garbage container shall be kept clean,inside and out so that no odor
nuisance shall exist.The area around said containers shall be kept in a neat
and sanitary condition..The Sanitation Technician shall place tage on garbage
containers found to be in violation of this section and notify the property
owner when the area around said container are not being kept in a neat and
sanitary condition.All tags and notifications shall be dated and signed by the
Sanitation Technician.Two or more violations of this provision of this section
shall subject the person responsible to prosecution described in this ordinance.
.On those containers found to be defective or illegal (defective bottoms crushed
so that lids wil.1 not fit,55 gallon barrels,waste baskets,paner drums)or any
.other container that are found to be illegal shall be subject to impounding and
disposal.If a container received tWo violations within a 30 day period,the
Sanitation Technician of the City of Moses Lake will impound it.
This container shall be stored by the City of Moses Lake not to exceed 10 days.
If after 10 days the owner has not claimed and agreed to repair illegal container,
it will be disposed of by the City of MOSes Lalte.The impoundment of an illegal
container shall not relieve the owner from compliance with regulations in this
ordinance.
Ordinance No..646 :5 ,as
No garbage or refuse container shall contain earth,rocks,or heavy refuse.
Any container requiring a man to lift,shall not exceed seventy-five (75)
.pounds in total weight of container and refuse.Customers must restrain
i vicious dogs beyond reach of the garbage containers and prevent any inter-
ference with pick-up man on this account.
Large,suitable containers for collection of refuse may with the approval of
the Sanitation Technician,be used in the business and commercial zones.
It shall 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 by said Collector of Refuse.
Section 5.Section 5.2.28 entitled,"Unlawful Disposal -surning -Permits -Compost",
is hereby amended to read as follows:
5.2.28 UNLAWFULDISPOSAL -PERMITS -COMPOST -It shall be unlawful for any person
to burn,dump,collect,remove,or in any other manner,dispose of garbage,
refuse,or swill upon any streets,alleys,public place or private property
-within the City of Moses Lake,otherwise than as herein orovided.
No person shall maintain on his premises in angr residential zone in the City
of Moses Lake any receptacle for outdoor burning of waste paper,boxes,rubbish,
brush,leaves,grass,woods,limbs,weeds,paper or cardboard.In commercial
and industrial zones incinerators may be constructed in accordance with standards
set by the Building Official as administered under controls of the Uniform Builde
ing Code.
No compost pile shall be kept or maintained unless sufficient appropriate
material or substance,approved by the Sanitation Technician,iä used to
prevent the presence of flies,insects,bugs,rodents or other pests or
menace to public health and welfare.
Section 6.Section 5.2.32,entitled "Collection Frequency",is hereby amended to read
as follows•
5.2.32 COLLECTION FREQUENCY -The Collector of Refuse shall collect,remove,and
dispose of all garbage and refuse in the residential sections of the City at
least once each week,and in the business and commercial zones of the City
of Moses Lake as required.
Section 7.Section 5.2.40,entitled,"Hotels and Restaurants --Containers for Garbage"
is hereby amended to read as follows:
5.2.40 HOTELS AND RESTAURANTS -It shall be unlawful far any person,firm or
corporation conducting any hotel,restaurant,or any public eating place to
deposit,throw,or place swill or other refuse satter in a lane,alley,street,
or other public place,or to deposit,throw or p3ace any swill upon any
property,regardless of ownership,unless said seill shall be enclosed in
vessels or tanks of type approved by the Sanitatàon Technician,and which
shall be perfectly watertight and shall have tightly fitting covers,which
covers shall not be removed,except when absolutely necessary for the depositing
and removal of swill.Such vessels or tanks shall be kept in the rear of the
premises or in the basement,or other place authorized.by the Sanitation Technician,
so as to be readily accessible for collection ami shall not be kept upon the street,
alley,or sidewalk or public place.All such taas or vessels shall he promptly
delivered to the Collector when called for and añall be returned by him without
unnecessary delay,and no person,except for timpurpose of collection under
license,shall in any manner interfere with saiB vessels or tanks or with con-
I tents thereof.
Section 8.Section 5.2.44,entitled "Disposal Methods--Sanhary Fills',is hereby amended
to read as follows:
5.2.44 DISPOSAL OF GARBAGE AND OTHER REFUSE -All dispmal of refuse shall he by
sanitary fill method or methods specifically appmoved by the State Department
of Health,provided,that said method or methodeshall include the maximum
Ordinance No.For :6
practicable rodent,insect,and nuisance control at the place of disposal,
and provided further that animal offal and carcasses of dead animals shall
he buried or cremated as directed by the Sanitation Technician or shall be
rendered at .40 pounds per square inch steam pressure or higher,or.heated
by equivalent cooking.
Section 9.Section 5.2.52,entitled,"Compliance with Section -Use of Sanitary Fill",
is hereby amended to read as follows:
5.2.52 .COMPLIANCE -Every person shall be responsible for disposal of all garbage
promptly according to the terms of this ordinance and rules and regulations.
Section 10.Section 5.2.56,entitled,"Duties -Service Charges",is hereby amended to
read as follows:
5.2.56 DUTIES -SERVICE CMRGES -It shall be the duty of every person:or com-
pany to cause their garbage and refuse to be removed and·disposed of
only by the Collector of Refuse.
Charges for refuse collection and disposal may be billed separately or
in conjunction and simultaniously with statements issued by the city .for
water and sewer.However,the form of billing shall be at the City's dis-
cretion.The billing for garbage service shall he made in the name of the
owner of the real estate served.Said charges or accounts shall be paid
at the City Hall on or before the 10th day of each month following date of
billing,and if not paid,shall become delinquent after the first day of
the following month.Service may be suspended for non-payment of sucN ac-
counts.Such suspension shall not relieve the person owing such account
from the .duty of complying with the provisions of this ordinance.Such
suspenelon shall seudar the premises wlære such ..ervio is suspended,sul.-
ject to condemnation for sanitary reasons.
Suspension of service and charges may be authorized by the Sanitation Tech-
nician upon written request of the owner ,if the premises are to be vacant
for one month or more.
Upon failure to Pay the charges for garbage collection and disposal,the
amount thereof shall become a lien against the real estate as provided
in R.C.W.35.21.180.
Section 11.Section 5.2.64,entitled "Administration -Rules and Regulations",is here-
by amended to read as follows:
5.2.64 ADMINISTRATION -The City of Moses Lake shall have the power,from time to
time,by resolution or after Council consideration by motion duly made and
passed,to set forth and determine rules and regulations and other matters
as may be necessary in the discretion of its City Council for the proper
execution of this ordinance.
Section 12.Section 5.2.72,entitled,"Penalty for Violations",is hereby .amended to read
as follows:
5.2.72 PENALTY FOR VIOLATIQbtS -Any person violating any of the provisions hereof
shall be deemed guilty of misdemeanor and upon conviction thereof,shall he
fined in a sum not exceeding Five Hundred ($500)dollars or by imprisonment
for not more than 90 days,or by both such fine or imprisionment.
Section 13.section 5.2473,entitled,"Serverability",is hereby added:
SERVERABILITY -The invalidity of any part of this ordinance shall not affect
the validity of any other part of this ordinance which can be given effect
without such invalid part of parts.
Ordinance No.6%:7
i This ordinance is declared to be one necessary for the immediate preservation
of the publie peace,property,health and safety of the people of the city of
Moses Lake,Washington.An emergency is hereby declared to exist and this
ordinance is hereby declared to be in full force and effect from and after its
passage,approval and publication as provided by law.
PASSED by the City Council of the City of Moses Lake,Washington and APPROVED
.by its Mayor this 14th day of May ,1974.
Mayor,Gordon Ebbert
00 ATTEST:
City Clerk,R.R.Gagnier
y Attorney,John E.Calbom
i