TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
GARBAGE AND REFUSE
SECTION:
4-1-1: Definitions
4-1-2: Standards For Accumulation Of Garbage
4-1-3: Responsibilities
4-1-4: Unauthorized Deposits
4-1-5: Public Nuisance
4-1-6: Penalty
4-1-1: DEFINITIONS:
The following definitions of terms shall apply unless the content clearly indicates another meaning or unless elsewhere expressly stated for specific application:
GARBAGE: Every accumulation of discarded food matter, newspapers, clothing, rubbish, and other discarded items, which have been abandoned by the owner and left for collection and removal.
GARBAGE COLLECTION: The process whereby the garbage containers containing garbage are taken from any designated location on any premises and loaded into a vehicle of any kind intended to transport the garbage from the premises to a disposal area.
GARBAGE COLLECTOR: Any person, firm, agency, public entity (including the city of Colstrip), or any employee, or agent thereof, who intends or is engaged in collection and transportation of garbage, rubbish, and waste matter in any part of the city.
GARBAGE CONTAINER: Any can or container, basket, hopper or any other article constructed, purchased, installed or used for the purpose of holding an accumulation of garbage pending collection and/or disposal. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
4-1-2: STANDARDS FOR ACCUMULATION OF GARBAGE:
The following standards and requirements are established as a minimum for sanitary accumulation and storage of garbage pending collection:
   A.   Garbage Containers: All garbage containers for other than bulk accumulation shall be approved by and within the specifications of the city or the garbage collector and shall not exceed ninety (90) gallons capacity, be in good repair, and leakproof. The garbage container shall be fitted with tight fitting covers, and such covers shall only be removed at the time of filling or emptying. The size of the garbage containers shall be limited as follows:
      1.   Commercial containers should not exceed a three hundred (300) gallon capacity.
      2.   Multi-unit (residential and trailers) containers should not exceed a three hundred (300) gallon capacity. There shall be at least one three hundred (300) gallon container for each three (3) residential units, except for apartment complexes there shall be one such container for each four (4) units.
      3.   Single and double family residential containers should not exceed a ninety (90) gallon capacity.
   B.   Placement Of Containers: The containers for the garbage collection shall be placed in accordance with the specifications of the city or the garbage collector for garbage collection, and shall be placed in their designated place for collection immediately prior to the time of collection. The place where containers are kept, pending collection, shall be clean, free from spilled garbage, and free from smell, water or residue.
   C.   Home Incinerators Prohibited: No home incinerator or container shall be used as a means of disposing of garbage.
   D.   Premises Being Provided Services: Trailer parks and apartment complexes are considered to be businesses, owned by the landowner. A landowner is required to provide for the removal of garbage for the benefit of his tenants, unless there is a specific written agreement approved in advance by the city, between the landowner and the tenant, specifying that the removal of garbage will be the responsibility of the tenant. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
4-1-3: RESPONSIBILITIES:
Every person, occupant, owner, or permit holder shall have the duty of maintaining the premises or equipment under his supervision and container disposal area in compliance with this chapter. Failure to carry out such duties required for the sanitary accumulation, collection, transportation or disposal of garbage shall be deemed a misdemeanor. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
4-1-4: UNAUTHORIZED DEPOSITS:
No person shall deposit or cause redeposit of any refuse in any place not authorized as a disposal area, nor shall any person deposit garbage in a container of another residence or business, without the specific authorization of the owner of that residence or business. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
4-1-5: PUBLIC NUISANCE:
Violation of section 4-1-4 of this chapter may also be considered a public nuisance. After five (5) days' written notice is given to any person violating the terms of this chapter and failure to correct this said situation, the city is authorized to have the condition corrected and to assess the cost against the record title holder of the property and, if the same is not paid by the record title holder, to have the cost levied against the next annual tax assessment and collect the assessment in the same manner as real property taxes. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
4-1-6: PENALTY:
Any violation of this chapter shall constitute a misdemeanor punished as set forth under section 1-4-2 of this code. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
ARTICLE A. SOLID WASTE OPERATIONS
SECTION:
4-1A-1: Definitions
4-1A-2: Standards For Accumulation Of Refuse And Garbage
4-1A-3: Storage Of Rubbish
4-1A-4: Prohibition
4-1A-5: Storage Of Waste Matter
4-1A-6: Standards For The Collection Of Refuse And Garbage
4-1A-7: Responsibilities
4-1A-8: Penalties
4-1A-9: Fees And Charges Against Property
4-1A-10: Fees To Be Established
4-1A-11: Hearing Of Objections; Charges
4-1A-12: Refunds
4-1A-13: City As Exclusive Provider Of Garbage And Solid Waste Disposal Services
4-1A-14: Miscellaneous Provisions
4-1A-1: DEFINITIONS:
The following definitions of terms shall apply unless the context clearly indicates another meaning or unless elsewhere expressly stated for specific application:
CITY OWNED CONTAINER: Any container supplied to residential or commercial refuse generators by the city.
COMMERCIAL REFUSE GENERATOR: Any person in charge of, owning, leasing, renting or occupying any multi-family dwelling unit in excess of three (3) units, business, industrial or commercial building, including, but not limited to, an apartment complex, store, office, factory, motel or hotel, that generates refuse.
COMPOST: The product resulting from the decomposition of leaves, straw, grasses and other such vegetable matter mixed or unmixed with well rotted manure, or mixed or unmixed with inorganic materials ordinarily forming a part of the soil such as sand or lime, loam and used, usable or intended to be used as a fertilizer and soil conditioner.
DIRECTOR OF PUBLIC WORKS: "Director of public works" or "public works director", where stated in this code, shall mean the director of public works, or his/her duly authorized representative.
GARBAGE: Every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruit or vegetables, including the cans, containers or wrappers wasted along with such materials.
OCCUPANT: The person occupying a dwelling unit or the person operating, managing or keeping any hotel, restaurant, food establishment, commercial establishment, business establishment, school, church, institution or premises wherein or whereon refuse accumulates or is likely to accumulate.
REFUSE: Any waste product solid or having the character of solids rather than liquids in that it will not flow readily without additional liquid and which is composed wholly or partly of such materials as garbage, swill, seepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit or other vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetable offal, animal excreta, or the carcasses of animals; brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk, or other such substance which may become a nuisance.
REFUSE COLLECTION: The process whereby refuse and/or refuse containers containing refuse are taken from designated locations on any premises and are loaded into vehicles of any kind intended to transport refuse from the premises to a disposal area, and whereby empty containers are returned to such designated location.
REFUSE COLLECTOR: The person who is or intends to be engaged in the collection and/or transportation of refuse, including garbage, rubbish or waste matter in any part of the city.
REFUSE DISPOSAL: The complete process required for the disposal of any refuse and shall include all tools, equipment, treatment space, buildings, structures, appurtenances and materials required to take refuse from a refuse collector at the premises line or other designated transfer point of a disposal area, and transport, bury, incinerate, destroy or otherwise dispose of such refuse.
RESIDENTIAL REFUSE GENERATOR: Any person generating refuse other than a "commercial refuse generator" as defined herein.
RUBBISH: Wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, woodenware, printed matter, paper, paperboard, pasteboard, grass, rags, straw, boots, shoes, hats and all other combustible material not included under the term "garbage".
TRANSPORTATION OF REFUSE: That portion of the refuse disposal operation which provides for the hauling of refuse in bulk or in refuse containers to the designated transfer point at a disposal area.
WASTE MATTER: Waste material composed of soil, earth, sand, clay, gravel, loam, stone, bricks, plaster, crockery, glass, glassware, ashes, cinders, shells, metals and all other noncombustible material which has been or is discarded or is to be discarded. (Ord. 07-01, 3-13-2007, eff. 4-14-2007)
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