HomeMy WebLinkAboutORDINANCE 1929-2001
Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1929-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE REQUIREMENTS IN KMC 9.10 REGARDING COLLECTION AND DISPOSAL OF
GARBAGE/REFUSE IN THE CITY OF KENAI.
WHEREAS, currently KMC 9.10 requires that residents of the City of Kenai use
commercial garbage/refuse services; and
WHEREAS, many residents of the City take their own garbage/refuse to the Borough
landfill or the local transfer site; and
WHEREAS, the requirement that Kenai residents use commercial garbage/refuse
collection has not been enforced for many years; and
WHEREAS, changes need to be made in the types of garbage receptacles required; and
WHEREAS, abatement procedures for uncollected garbage need to be added to the
\'~ code that would allow the City to bill the property owner for clean-up costs and assess
the costs as a lien on the property if unpaid.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that Chapter 9.10 is amended as shown in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of
September, 2001.
ohn J i liams, Mayor
ATTEST:
C~~~~~ p~ ~/ii~E~~GaG/
Carol L. Freas, City Clerk
Introduced: August 15, 2001
Adopted: September 5, 2001
Effective: October 5, 2001
Title 9 GARBAGE AND OTHER REFUSE
GENERAL PROVISIONS
9.10.005 Definitions.
Those definitions specified in Kenai Peninsula Borough Code Section 10.04.010 are
hereby adopted by reference herein. Unless otherwise provided or the context
otherwise requires:
[(a) "INCINERATOR" MEANS ANY EQUIPMENT, DEVICE, OR CONTRIVANCE,
EXCLUDING FIREPLACES AND BURN BARRELS, USED FOR THE CONTROLLED
THERMAL REDUCTION OF SOLID WASTE;]
~ [(B)] "Landfill" means a land area used for the disposal of solid waste;
j~, [(C)] "Solid Waste" means all unwanted or discarded solid or semi-solid material
whether putrescible or non-putrescible, originating from any source, including but not
limited to garbage, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter, and
street sweepings, de-watered sewage, sludge, dead animals, offal, junked vehicles, and
equipment, material and debris resulting from construction or demolition projects,
abandoned and decaying structures, and hazardous wastes;
[(d) "PUTRESCIBLE WASTE" MEANS MATERIAL CAPABLE OF BEING DECOMPOSED
SO AS TO CAUSE NUISANCE OR OBNOXIOUS ODORS;]
[(e) "HAZARDOUS WASTE" MEANS WASTE THAT IS CAPABLE OF CAUSING INJURY,
DISEASE, IMPAIRMENT OF HEALTH, OR PROPERTY DAMAGE, INCLUDING BUT NOT
LIMITED TO POISONS, PESTICIDES, ACIDS, CAUSTICS, INFECTIOUS, OR
PATHOLOGICAL WASTES, RADIOACTIVE MATERIALS, EXPLOSIVE MATERIALS, AND
OIL AND PETROLEUM PRODUCTS;]
~ [(F)] "Solid Waste Disposal Facility" means an intermediate disposal facility, transfer
station, landfill, incinerator, composting plant, recycling, or reclamation facility or any
site utilized for the reduction, consolidation, conversion, processing, or disposal of
solid waste.
9.10.010 Garbage to be deposited in containers.
All garbage created, accumulated, or produced shall be deposited in watertight
containers equipped with tight-fitting lids. Such container shall be one manufactured
for the purpose of storin o~ r depositing_garba~e for collection. [EACH CONTAINER
SHALL HAVE A CAPACITY OF NOT LESS THAN FIVE (5) GALLONS AND NOT MORE
THAN 55 GALLONS, SHALL BE KEPT NEAT AND SANITARY AT ALL TIMES, AND
SHALL NOT EXCEED 70 POUNDS GROSS WEIGHT WHEN FULL.] All premises shall
be maintained b, ty he owner or went free of garbage, rubbish, refuse, debris and flth
accumulation. If, after ten (10) days notice from the City, the owner or agent of a
premises fails to correct any of the above conditions, the City may cause it to be done
and have cost thereof assessed as a lien against the property.
Attachment A Page 1 of 3
Ordinance No. 1929-2001
9.10.020 Householder to provide containers.
It shall be the duty of every person in possession, charge, or control of any place in or
from which garbage is created, accumulated, or produced, to provide and at all times
keep in a suitable place [READILY ACCESSIBLE TO THE COLLECTING SERVICE],
garbage containers capable of holding all the garbage which would ordinarily
accumulate on such premises between the times of successive collections. The owner
of any multiple dwelling shall furnish or require his tenants to furnish proper garbage
containers. Garbage containers located at multiple dwellings, if furnished by the
tenants, shall be marked so as to indicate the apartment to which they belong.
9.10.030 Location of containers.
No garbage containers or other containers for refuse[, OTHER THAN THOSE OF THE
CITY OF KENAI,J shall be placed, stored, or located within the traversed right-of way of
a street or alley; provided, however, that such containers may be placed on the edge of
the public right-of way, but off the traveled portion, at specified places and times when
such location is necessary for expeditious collection.
9.10.040 Refuse service by a certified carrier.
Commercial refuse collection in the City of Kenai shall be provided by a refuse
collection service certificated and regulated by the [ALASKA PUBLIC UTILITIES
COMMISSION] Regulatory Commission of Alaska.
9.10.050 Removal to local solid waste disposal site.
It is hereby found and determined that periodic collection of garbage from all places in
the City of Kenai benefits all occupants of places or premises in the City; and such
occupants or persons in possession, charge, or control of any place in or from which
garbage is created, accumulated, or produced shall [EITHER] utilize [AND PAY FOR
THE REFUSE COLLECTION SERVICE ENUMERATED IN KMC] the Kenai Peninsula
Borough solid waste disposal facilities.
9.10.060 Burning or burying of refuse prohibited.
[In no event may] Except as allowed by a permit issued by the Kenai Fire Department,
occupants or persons in possession, charge, or control of any place in or from which
refuse is created, accumulated, or produced, ma not [BURY OR] burn such refuse.
Burying of ~arba~e or refuse is prohibited.
9.10.070 Time of collection.
Commercial and non-commercial collection of garbage shall be made at least once a
week from private residences and as many times per week as the Council may order
from all other places.
Attachment A Page 2 of 3
Ordinance No. 1929-2001
1 [9.10.080 NOTIFICATION FOR COLLECTION.]
[ALL OCCUPANTS, PERSONS IN POSSESSION, CHARGE, OR CONTROL OF
PREMISES AND PLACES IN OR UPON WHICH GARBAGE IS CREATED,
ACCUMULATED, OR PRODUCED SHALL NOTIFY THE AUTHORIZED GARBAGE
COLLECTING SERVICE OF THE CITY OF KENAI THAT COLLECTION OF GARBAGE
FROM SUCH PLACE IS REQUIRED.]
9.10.090 Nuisance.
The keeping of garbage in containers other than containers prescribed by this chapter
or the keeping upon premises of garbage or rubbish which is allowed to become
offensive and noisome, shall constitute a [PUBLIC NUISANCE] violation, and may also
be abated in the manner provided by law for the abatement of nuisances.
9.10.100 Dumping refuse in city streets.
Dumping refuse in city streets, rights-of way, or city-owned property is hereby
declared to be unlawful.
9.10.110 Penalty.
Any person, firm, or corporation who shall create or maintain a nuisance as defined
in this chapter, or who shall violate any provision of this chapter, shall upon
conviction be punished as provided for violations in KMC 13.05.010.
9.10.120 Operation of solid waste disposal site.
(a) The City of Kenai hereby transfers its municipal power or authority for operation of
a solid waste collection and disposal site to the Kenai Peninsula Borough. This
transfer contemplates transfer of any authority it may have in, and to, the operation of
the solid waste disposal site being operated by the City of Kenai on the effective date of
approval by the Kenai Peninsula Borough Assembly. This transfer is accomplished
pursuant to AS 29.33.250 and AS 29.33.260.
(b) That the only solid waste collection and disposal sites which may be operated
within the limits of the City of Kenai shall be those operated by the Kenai Peninsula
Borough.
Attachment A Page 3 of 3
Ordinance No. 1929-2001