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Home My WebLink About1995-09-11 95-397 ORDINANCECOUNCIL ACTION Item No. 95-397 Date September 27. 1995 Item/Subject: Amending Chapter v, Article I of the Laws and Ordinances of the City of Bangor -- General Health Regulations Responsible Department: Legal Following discussion by the Municipal Operations Committee on September 18, 1995, the Committee voted to recommend that portions of Council Ordinance 95-397 pertaining to recycling requirements for curbside pickup be tabled for further consideration by the Recycling Committee and City staff. The Committee recommended, however, that several amendments be adopted to better define municipal property rights in recyclable materials placed for pickup at curbside; to prohibit unauthorized taking of such recyclable materials; and to provide increased penalties for such unauthorized takings. The Committee's proposed amendments are incorporated in an amended version of Council Ordinance 95-397, attached. Department Head Maa(n�ager's> Comments: g p am 4W01/X l�C ��a iA�'N'M'/df ,'/. FK flM^( OO�//!(/�v� LAV {/�/&Y� � �MM1/s A✓ n/ / / / / Sblf of City Manager Associated Information: 'M of lj- CWiIrn k yW 17AW & is QIbTE> � �o y */c Rxwh'nd rm/d 1/ke Avlx Em ?m l'®<uw w, At k #E uawrd bbnj Budget Approval: d /try L M'"I 'MV1j Finance Director Legal Approval: �F rrt COe �rCq W;sb PS fs dR�anu w%1h /K ry✓!'r✓.rwi i� fwo �.c..dr'"�s r�% IIhis ordlna�cr, A a/3 V [(o ✓,R}/cY� 6,I�✓�/r�. r^°� �'S�Y City Sol'c'tor w ,76 dot l;l aFIIM fe(. ✓O�CS intim duced Por X Passage First Heading Referral Page 1 of 3 95-397 AY@N@ff1Ti BY SGBSfIT iw [Committee Aua:dmat] As'ga d to cwacdor w _ CITY OF BANGOR (TITLE.) vnrbiWIMH .1 ending Chapter v, Article 1 of the Laws and Ordinances of the City of Bangor -- General Health Regulations &s ordabWMt City Coaaettofdm C4tyafBasson wfMoum (1) THAT Chapter V, Article 1, Section 20 of the Laws and Ordinances of the City of Bangor be amended by adding the following: 20.5 ProcartV Rights. Any and all acceptable recyclable materials placed at the curb become the sole property of the City or its designated agent (2) THAT Chapter V, Article 1, Section 21 of the. Laws and Ordinances of the City of Bangor be amended in part as follows: 21.4 Unauthorized taking of solid waste or recyclable items. No v not licensed to do so by the City of h ll k lid waste or recyclable item placed byany residencer business for Dick -up Td removal by the City of Bangor r its licensees 214 21.5 Penalties. Initial violations of this Ordinance, other than Section 21.4, shall be subject to a fine of $50.00. Additional violations within a one-year period shall be subject to larger fines as follows: No. of Violations -Pine 2 $100.00 3 $250.00 4 $500.00 5 or more $1,000.00 COUNCIL ACTION 95-397 Item No. Date Sept ext ex 11, 1995 Item/Subject: Amending Chapter V, Article I of the Law and Ordi- nances of the City of Bangor -- General Health Regulations Responsible Department: Legal This item has been prepared at the request of the City's Public Works Division to facilitate the. City's -recycling efforts. Department Head Associated Information:a_p_,_„ VV >�'( City Solicitor Introduced For Passage x First Reading - Referral q.(�Of4 Page 1 of 5 Finance Director Legal Approval: VV >�'( City Solicitor Introduced For Passage x First Reading - Referral q.(�Of4 Page 1 of 5 95-397 Assigned to Councilor Beldaccl September 11, 1995 CITY OF BANGOR (TITLE.) VIirbi i=e, .._Retailing -Chapter s,... Article I of ...the. Laws _... and Ordinances of the City of Bangor -- General Health Regulations Be it ordained by t City Count! of Der CityofBonw,, as 044o". WHEREAS, the City of Bangor has a interest in updating the City's rubbish ordinance to meet the changing needs of the City; and WHEREAS, the City of Bangor has an interest in promoting and expanding recycling efforts; WOW, THEREFORE, be it ordained by the City Council of the City of Bangor, as follows: (1) THAT Chapter V, Article 1, Section 15, Subsection 15.3.1 be amended to read, as follows: 15.3.1 Acceptable Solid Waste. Acceptable solid waste shall mean all wastes Which PERC will accept at its facilities, including all ordinary household, municipal, institutional, commercial and industrial wastes which consist primarily of combustible materials, except for the following: 1. Demolition or construction debris from building and roadway projects or locations. 2. Liquid wastes or sludges. 3. Abandoned or junk vehicles. 4. Hazardous Waste. 5. Dead animals or portions thereofor other pathological wastes. S. Water treatment residues. IN CITY COUNCIL September ll, 1995 - First Reading, Referred. to Municipal Operations Charles Curren spoke requesting more information be given tothe General PAllc when an. item is referred to a committee such as time and location of Committee 95-19] ORDINANCE ( TT ,) Amendi= Chapter v, Article 1 of the Loss and Ordinances of the City of Bangor - General Health Regulations. eztea 6f Infra5NeANN d /tiennt by Coumsibman IN CITY CONNCIL - & 1 September P, 1995 Charles Curran, Pine Street, Questioned this Ordinance. Concerned about disposal of lawn clippings. Would like to be informed of Committee meetings. Passed As Amended by Substitution vote: 9 yes Councilors voting yes: BaldaCcl, - Blanchette, Cohen, Frankel, Popper, - Soucy, Sullivan, 'Tyler 6 Woodcock. (Passed as emergency legislation: vote. 9 yes. Councilors voting yes: Baldacci,.1 Blanchette, Cohen. Frankel. Popper. Snow, Sullivan, Tyl 6 Woodcock. d P. cxTY c BRR � S!� _2_ 95-397 7. Tree stumps. S. Tannery sludge. 9. Waste oil. 10. Discarded "white goods" such as freezers, refrigerators, washing machines, etc. 11. Waste which in the reasonable judgment of PERC's weigh station operator based solely uponvsual inspection has aBTU content of less than 4,000 BTU's per pound unless the waste fails to meet the aforesaid RTU minimum requirements solely because of the moisture content of such waste and such moisture content is due to abnormally wet weather conditions. 12. Quantities of tires Which may be determined by PSRC tO be excessive. 13. Yard and garden waste, including brush, leaves and areas cliooinas, sand and gravel._ 14. Ashes (2) THAT Chapter V, Article 1, Section 19, Subsection 19.4 be amended to read, as follows: 19.4 Handling. Waste must be placed in containers, bags, r bundled in lengths not to exceed 4 feet. Trash cans and bags shall not exceed 32 gallon capacity. Cans, bags, and bundles shall not exceed '30 pounds in eight. Containers most be in good condition with handles and covers. Cardboard boxes will not be accepted as containers and will not be Picked uP if Placed curbside for rubDish collection. Containers of a shape at dimension which prevents the free and unhindered emptying of their contents are prohibited. Continued use of a container in bad condition will result in its disposal. Plastic bags shall have a minim= 1 1/2 mil thickness to insure appropriate strength. Refuse which is Jammed in containers will not be collected since collection personnel are not required to reach into containers. Waste which exceeds the weight limit or which is inappropriately bundled may not be collected. (3) THAT Chapter V, Article 1, Section 19, Subsection 19.6 he amended to read, as follows: 19.6 Brush, Yard and Garden waste. MaEex#a}_mna€-ke eeea BA-#s_EYaedea-ease-er-Eaase, inclening-Egan-4 faet. a. Brush, d d rd waste, including 1 acceptableERC t i l tl 'll not be collected. 95-39] -3- (4) THAT Chapter V, Article 1, Section 19, Subsection 19.9 be amended to read, as follows: 19.9 Lumber and Combustible Construction Material. Lumber and combustible construction material will be accepted if such material is placed in cans, bags, or bundled in 4 foot lengths. Such materials may not exceed a maximum of 30 pounds per household per week and must result from work done, on the site, directly by the homeowner. Such material must be free from all metal, nails, screws. Pipe wires and conduits, insulation and plaster. Materials which, in the opinion of the Director of Operations and Maintenance, result from work performed by a contractor, or off the site of the home, will not be accepted. (5) THAT Chapter V, Article 1, Section 20, Subsection 20.4 be amended to read, as follows: 20.4 Handling. Recyclables must be separated and placed in containers. Newspaper must be Placed in brown paper bads and must not be tied and placed beside the reaycling container 5#eA-#e-qaA�}86-9E-eS88ge-Pa£-£B eaeea9-#a_#aegee-#B-Ae£gAt and may be placed on top of the recycling container. Newspaper should not be placed outside when precipitation is falling o predicted or anticipated. Cardboard boxes must be broken down or flattened to a sive no larger than 3 feet by 3 feet and placed begide or underh recycling container. The total weight of any recycling container, excluding newspaper and cardboard shall not exceed 30 pounds. (6) THAT Chapter V, Article 1, Section 21 be amended to read, as follows: 21.4 Unauthorized taking of solid waste or recyclable items. No Person, not licensed to do so by the CitV of Bangor, shall take any solid waste o e cvclable 't placed b idbusiness for pick-up and removal by the City of Bangor or its licensees. 2#.4 21.5 Penalties. Initial violations of this Ordinance shall be subject to a fine of $50.00. Additional violations within a one-year period shall be subject to larger fines as follows: 95-39] -4 - No. of violations Fine 2 $100.00 3 $250.00 4 $500.00 5 or more $1,000.00 Repeated violators will be subject to termination of City provided garbage collection. in the case of multi -family units, collection services may be terminated for an entire structure or complex and owner required to provide private collection as necessary to insure the public health and safety. The Director of operations and maintenance shall have the authority to terminate collection services. Those terminated may appeal this decision to the City manager and/or his designee. If dissatisfied with the Manager's decision, appeal may be made to the appropriate Council Committee. Service shall remain terminated during the appeal process. Note: Additions are underlined and deletions are sEFuek-enE. 95-397 -2- Repeated violators will be subject to termination of City provided garbage collection. In the case of multi -family units, collection services may be terminated for an entire structure or complex and owner required to provide private collection as necessary to insure the public health and safety. The Director of Operations and Maintenance shall have the authority to terminate collection services. Those terminated may appeal this decision to the City Manager and/or his designee. If dissatisfied with the Manager's decision, appeal may be made to the appropriate Council Committee. Service shall remain terminated during the appeal process. Violations of Section 21.4 shall be subject to a fine f $500.00. additional violations of Section 21.4 within lod shall be subiect1 fines as follows No. of Violations eine 2 S ]50.00 j 11000.00 4 1,250.00 5 or more 1.500.00 Note: Additions are underlined and deletions are s5eaek-enE.