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It is prohibited to place the following materials in a city owned container:
A. Large limbs or trimmings that do not allow the container lid to close.
B. Flammable liquids.
C. Large construction, demolition, or remodeling debris.
D. Concrete, dirt or plaster.
E. Appliances or other furniture that will not allow the container to close.
F. Hot ashes.
G. Dead animals, or parts thereof. (Ord. 2339, 4-2-1984)
H. Tires. (Ord. 2749, 9-25-1995)
Waste matter shall be placed in sturdy, well built containers which will not break, fall apart, rip or tear while being handled by the collector, or shall be secured in neat bundles, easily handled by the collector, not exceeding four feet (4') in length. Prohibited waste matter specified in section 6-1-4 of this chapter shall not be placed in city owned containers. (Ord. 2339, 4-2-1984)
Bulk handling or storage of refuse of any character shall be subject to review by the public works director, and the owner or occupant of any industrial, commercial or business establishment shall make such provisions as the director of public works may require for the sanitary storage and collection of such refuse as may be produced in bulk. (Ord. 2339, 4-2-1984)
The following standards and requirements are established as a minimum for the sanitary collection of refuse and garbage:
A. Every owner or occupant whose container, or the place where the containers are kept pending collection, not meeting the requirements aforesaid, shall be duly notified by mail or by personal contact by the public works director.
B. Upon notifying the owner or occupant of the aforesaid violation, the investigating representative shall establish an improvement deadline and shall give the owner or occupant at least seven (7) days' written notice of the improvement deadline.
The director of public works, at the time established for correction, shall investigate, and if the condition has been found to continue, said director shall declare it to be a misdemeanor.
C. If the director of public works receives notice in writing from the owner that a structure has been permanently abandoned; or if the director of public works receives notice in writing from the city director of building and safety or a Lewis and Clark County health officer that a structure has been condemned as not habitable, or unsanitary and dangerous to human life, refuse and garbage service may be discontinued and monthly charges stopped. (Ord. 2339, 4-2-1984)
Every person shall have the duty of maintaining premises or equipment under his supervision, or of maintaining containers or disposal areas, in compliance with the requirements of this chapter, Lewis and Clark County health regulations, and all applicable provisions of state law.
Every owner remains liable for violations imposed upon him by this code even though an obligation is also imposed on the occupants of his buildings, and even though the owner has, by agreement, imposed on the occupants the duty of complying with all the requirements of this chapter.
A. All commercial refuse generators shall maintain their alleys and keep the area surrounding the refuse and garbage containers free from refuse, garbage and other potential hazards to the public health, safety or welfare.
B. Those commercial establishments using city owned containers shall bear the complete responsibility of keeping the containers in a sanitary condition at all times. No building permit for a commercial establishment shall be issued without provision having been made for refuse and garbage container storage and sanitation.
C. Containers for the receipt of accumulation of refuse and garbage may be placed in parks, recreation areas, places of public assembly and along public ways, subject to the approval of the director of public works. Refuse and garbage containers in such places shall be placed only in designated locations acceptable to the director of public works.
D. Public markets, all food service establishments producing putrescible waste and all business areas shall provide adequate and sufficient storage containers to hold all waste accumulated between collections, without creating a public hazard.
E. Refuse and garbage shall be placed for collection and collected at a frequency which precludes the possibility of unsightly, unclean and unhealthy premises or the occurrence of a nuisance, and in no event shall placement and collection be less than once every two (2) weeks.
F. Every tenant and/or owner of the places or occupancies referred to above shall be responsible for the regular collection of refuse and garbage from said places of occupancy by authorized collectors of refuse and garbage, and they shall also be responsible for the payment of all services by said authorized collectors for said collection from said places of occupancy.
G. No person shall remove or permit the removal of any refuse and garbage placed in containers or placed in an approved manner for collection except by an authorized collector.
The collector shall transfer the contents of all containers into the vehicles provided therefor, without spilling the contents of said containers on stairs, walks, yards or streets.
The collector shall clean up any spillage occurring during collection and shall completely empty containers. (Ord. 2339, 4-2-1984)
H. No person shall throw or deposit any refuse, garbage, rubbish, waste matter, dead animal, or tires or cause the same to be thrown or deposited upon any street, alley, gutter, park or other public way or throw or deposit the same in or upon any premises or vacant lot or in any water or waterway thereto, or store or keep the same except in containers required by this chapter. (Ord. 2339, 4-2-1984; amd. Ord. 2749, 9-25-1995)
No person shall store, deposit or keep refuse in any place or in any manner where rodents can have access to or feed thereon, or can use such refuse as a harborage, nest or breeding place.
I. No person shall deposit or cause to be deposited any refuse in any place not authorized as a disposal area by the director of public works.
When acceptable to the director of public works, the owner of a premises or any public agency having jurisdiction, may place rubbish and waste matter in low areas and low lots when properly filled, leveled and covered, and when such practice is not likely to create an unsanitary condition or nuisance.
The owner of the property receiving such deposit will be held responsible for any unsanitary condition or nuisances resulting from such deposit.
J. Every vehicle used for the collection of refuse and garbage shall be of a design and type suitably constructed for the intended use, and acceptable to the director of public works.
K. Each person engaged in the construction, repair or demolition of any building or structure or part thereof, shall remove and dispose of in an authorized manner, from any street, alley, gutter, park, sidewalk, curbing, curb space, any public way or any premises not owned by him, all waste matter or rubbish deposited thereon in connection with that portion of the repair, construction or demolition work under his special or general supervision.
Such refuse, waste matter and rubbish shall be cleaned up, removed and disposed of in a sanitary manner within seven (7) days of the final cessation of work on such building or structure or part thereof, and the area shall be restored to its original condition by the person conducting said work, unless otherwise specifically authorized by the director of public works.
L. No person may pick over, sort, segregate or salvage any garbage or refuse deposited in an authorized disposal area.
M. No person, who is the owner, agent or occupant of a lot or premises whereon a building of any kind may exist or of a vacant lot, shall allow any collection of refuse, garbage, rubbish, waste matter or filth of any description to remain on such lot or premises longer than three (3) days, or any shorter period of time specified by the director of public works, after the date of a written notice issued by the director of public works to remove the offending material.
N. No refuse, garbage, rubbish, waste matter or manure shall be transported along any public street, alley or public way unless such vehicle is so constructed and loaded that no such material can fall through or out of such vehicle.
O. Every person who is the owner or custodian of any animals, fowl, livestock, or game which has died (other than by slaughter for food), any animal offal from slaughterhouses, slaughter pens, or any offal or putrescible waste from any place where meat, fish, poultry, game, or fowl are sold, handled or discarded as unfit for food, or spoiled or condemned, shall dispose of the remains, carcasses, parts, or entrails thereof within the next available period of daylight, after such death or accumulation, in a sanitary manner and in conformance with all requirements and orders of the director of public works.
P. All dead animals, or parts thereof, which are found on or in any public street, alley, parkway, public way, or on public property, shall be reported to the Helena police department who shall be responsible for the collection, within the day reported, of the carcass of such animal.
Q. All persons owning, occupying or being in control of property fronting on an alley of this city shall keep the portion of said alley between the center line thereof and the property line of such property, and fronting on such property, free from refuse, garbage, rubbish, and waste matter.
R. No refuse or garbage shall be collected which is not contained in the manner set forth in this chapter. Special collections shall be arranged with the city by the refuse generator. (Ord. 2339, 4-2-1984)
Failure to carry out such duties herein or elsewhere required for the sanitary accumulation, collection, transportation and disposal of refuse in any place or in any condition not meeting the requirements of this code is declared a misdemeanor. Any person violating the provisions of this code shall be punished as provided herein, except that the minimum fine shall be the sum of ten dollars ($10.00). (Ord. 2339, 4-2-1984)
A. Rates And Charges Set Forth: It shall be the duty of the city commission to set a charge for the cost of collecting and disposing of garbage and refuse in the city by reestablishing both residential rates and commercial rates in separate classifications and that said fees for such collection shall be paid in the amounts set forth in the annual resolution hereinafter referred to:
B. Residential Rates:
Class I Residential structures having up to 4 units in 1 structure.
Class II Residential structures having more than 4 units in 1 structure.
Class III Mobile home parks.
Class IV Properties which qualify for the state of Montana class 15 taxation classification.
The public works director shall be required, annually, to calculate the cost of residential collection and disposal and submit this figure to the city commission for its consideration. The public works director shall also annually provide the number of residential units to be assessed, as adjusted by a determination of the number of equivalent units as follows:
1. For the purposes of determining the number of units to be assessed in a class I residential structure, the public works director may, upon a proper showing by an owner of class I property, determine on a year by year basis that the property be assessed on an equivalent number of residential units rather than on the number of actual units, but in no case less than one unit. A proper showing for determining equivalent number of units must satisfy all the following conditions:
a. The residential use must prove to be atypical and extraordinary such that the amount of solid waste generated from all the units is equal to or less than the amount of solid waste generated from a single residential unit. Atypical includes units that do not have separate cooking and eating areas; are used primarily for sleeping purposes by less than two (2) persons; are fully furnished by the owner; and the owner is responsible for providing all utility services to the units.
b. The property may not require more than weekly pickup from one 90-gallon container.
2. The determination of equivalent number of units in this subsection B is only valid for a one year period. To be eligible for an annual renewal of the determination, the property owner must provide information establishing the continuation of a proper showing. If the property generates such solid waste at least three (3) times per year that one 90-gallon container is insufficient to handle the waste, the property must be assessed for the next fiscal year on the total number of units and does not qualify for a determination of equivalent units under this section.
C. Commercial Rates: The public works director shall be required, annually, to calculate the cost of commercial collection and disposal and submit this figure to the city commission for its consideration.
D. Transfer Station/Landfill Rates: The public works director shall be required annually to apply the cost of disposal to the total tons disposed and submit this figure to the city commission for its consideration. Cost of disposal shall include transfer station and landfill charges. (Ord. 2931, 1-14-2002, eff. retroactive to 7-1-2001)
A. The fees hereinabove established shall be assessed against the real estate from which such garbage or refuse is collected unless otherwise specifically provided herein or by the director of public works.
B. All commercial garbage and refuse generators shall pay all charges levied or assessed under this chapter to the city upon a monthly basis. (Ord. 2339, 4-2-1984)
C. If, for any cause, any sums owing for commercial service hereunder become delinquent, garbage and refuse collection service shall be discontinued until all such delinquencies have been paid in full. Notice of any such proposed discontinuance shall be sent to the commercial user through the U.S. mail, addressed to said commercial user at the commercial user's normal mailing address. Said notice shall inform the commercial user that unless all past due rates charged hereunder are paid within fifteen (15) days of the date of said notice, service shall be discontinued. In addition, the notice shall inform the commercial user that if any questions exist concerning the rates or charges owed by the commercial user, the commercial user can contact the director of public works or the director's designee at 316 North Park Avenue, Helena, Montana, to discuss the matter. If the delinquent amounts have not been paid in full within fifteen (15) days of the date of the notice, then no further service shall be rendered by the city to the delinquent commercial user. In addition, all city owned containers that service commercial user's premises shall be removed. A twenty five dollar ($25.00) fee shall be paid by commercial user for return of the container to commercial user's premises after all delinquencies have been paid in full. This fee may be changed from time to time, by resolution, when the commercial collection and disposal rates are changed. (Ord. 2805, 8-4-1997)
D. In the event any sums owing for disposal at the transfer station by commercial garbage and refuse generators become delinquent, said commercial generator, and/or his representatives, shall be prohibited from further disposal at the transfer station until all such delinquencies have been paid in full. (Ord. 2599, 6-24-1991)
A. It shall be the duty of the city sanitation supervisor, annually, before the passage of the resolution fixing the garbage service charge, to bring current the lists of residential and commercial users in their proper categories. (Ord. 2339, 4-2-1984)
B. It shall be the duty of the city sanitation supervisor to promulgate and adopt rules and regulations for the operation of the city transfer station, and to make said rules and regulations easily and readily available to the public. (Ord. 2599, 6-24-1991)
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