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Home My WebLink About2019-08-12 19-311 ORDINANCETitle, Ordinance 19-311 08/12/2019 Amending Chapter 265, Solid Waste, of the Code of the City of Bangor by Deleting and Replacing Sections 265-3 through 265-5, Summary This Ordinance will replace, in its entirety, Chapter 265, SS265-3, SS265-4, and SS265-5 relating to Residential Solid Waste. Effective September 2, 2019, changes to the way curbside residential solid waste and recycling are being collected as well as a change in the types of materials accepted at the Coastal Resources of Maine Facility require modifications to the existing ordinance. Notable changes to the ordinance include: the collection of comingled solid waste and recyclable materials, the elimination of yard debris collected curbside, and a limit of five bags of waste collected on a weekly basis. Committee Action Committee: Government Operations Action: Staff Comments & Approvals C'DA M Lm -4„J City Manager Introduced for: First Reading Meeting Date: July 22, 2019 For: 4 Against: 1 licitor Finance Director CITY COUNCIL ORDINANCE Date: August 12, 2019 Assigned to Councilor: Davitt 19-311 08/12/2019 ORDINANCE, Amending Chapter 265, Solid Waste, of the Code of the City of Bangor by Deleting and Replacing Sections 265-3 through 265-5, WHEREAS, Effective September 2, 2019 the method of collecting curbside solid waste and recyclables will change to commingled collection; and WHEREAS, The types of materials accepted at the Coastal Resources of Maine facility required modifications to the items that will be collected curbside; and WHEREAS, There is a need to meter the amount of residential waste collected on a weekly basis and limit of five trash bags has been placed, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 265, Solid Waste, of the Code of the City of Bangor is deleted in its entirety and replaced with the following: §265-3 Residential collection. The City of Bangor shall provide for the collection of acceptable commingled residential solid waste and aeeeptable recyclable items in accordance with the following rules and regulations. A. Designated residences. The City shall provide residential collection to all single-family residences and multifamily residential units where four or fewer units are located on a single parcel, provided that said parcel has frontage on a City street. Service may be provided to multifamily residential units in excess of four upon finding of the DiF,--eter--ef-GpeFatmens-aftd-Maintefiaftee Director of Public Works that such units cannot be serviced by commercial providers due to their inability to place a collection container of sufficient size to service the units in a location which is acceptable to the City's Code Enforcement Division. B. Collection day and routes. The Director ef•Gperatiens end-Maintenanee of Public Works, shall establish appropriate collection routes and the day on which each route shall be collected. C. Time. Commingled f -residential solid waste and recyclables shall be placed at the curb in front of or adjacent to the residence from which such waste was generated no earlier than 5:00 p.m. on the day before the scheduled day of collection and no later than 6:30 a.m. on the scheduled day of collection to ensure collection. The City is not responsible for collecting waste placed at the curb after this time. 19-311 08/12/2019 D. Handling. Waste must be placed in containers or bags er-bu -4n-le bs-fiet-te-e -feta . Trash cans and bags shall not exceed 32 gallons' capacity. Cans; and bags uedles shall not exceed 30 pounds in weight. Containers must 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 rubbish collection. Containers of a shape or 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 minimum thickness of 1 1/2 mils to ensure 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 ein-whieh-49- inappreMat*-btiMled may not be collected. E. Amount. No more than 10 5 total cans and/or bags; and-btlM es, each not to exceed 32 gallons' in capacity and/or 30 pounds in weight, may be placed for collection per single family'd i&- r -eel residence and each unit of a multifamily residence unit (four units or fewer) per collection day. F. Spilled refuse -waste. Spills resulting from overfilling, broken containers or animal disruption are the responsibility of the resident and property owner. IMMMMMMMT U, K. Refused ref+ se solid waste or recyclable items. Refuse -Solid waste or recyclable items that has been refused or is unacceptable for pickup shall be immediately removed from the curbside. Residences shall be responsible for ensuring that refused -is items are removed from the curbside or abutting right-of-way. If, in the opinion of the Public Works Director or his or her designee, leaving refused or unacceptable refuse would endanger the health, safety, or welfare of the public, he or she may cause these refuse items to be collected in such a manner as he or she deems fit. §265-4 Reeyehr�q Yard Debris and Landscaping Waste. Commercial Hauler Yard Debris / Landscaping Waste, The Public Works Department shall accept yard debris/landscaping waste including the following: trees, brush__ 19-311 08/12/2019 wood chips, tree limbs, grass clippings, leaves, and other related vegetative matter. The Public Works Department will not accept the following hypes of yard debris: tree stumps, invasive plant_ species, rocks and boulders Residential — Yard Debris Residents are required to dispose of yard debris at the designated location at the Public Works Department. Acceptable yard debris includes: trees, brush, wood chips, tree limbs, grass clippings, leaves, and other related vegetative matter. The Public Works Department may also schedule residential yard debris clean up days__ providing curbside collection of the yard debris as described above. The Public Works Department will not accept the following types of yard debris: tree stumps, invasive plant species, rocks and boulders Permit Any individual seeking to deliver yard debris or landscaping waste to the Public Works Departments must obtain an annual permit from the City of Bangor which shall expire on June 30 of each year. The permit may be obtained from the Public Works Department. Permits must be displayed on the windshield of the permit holder's vehicle. All permits are nontransferable. The City Council shall establish the annual fee for resident and nonresident permit holders. 'Ulu iu IIIUY I'd 1. g. - - .. _ • g - 19-311 08/12/2019 I� ■ � Rl. IIRI. ■■ 3! ■!tl +.1 l �l'l�l IRI. AJIIR�l. !1■ �l!J ■l!1!L�14!1 ■ !11 � l l� JRPl1! ll R !I�II�I. !1� 1: L1LR!. ■IL► §265-5 Violations and penalties; costs to City; appeals. A. The following shall constitute violations of this chapter and shall be punishable by fine or waiver fees as set forth: (1) Failure to remove uncollected waste. Failure to remove uncollected waste or spilled Fefese waste. prior to 10:00 p.m. on the scheduled day of collection and placing waste at the curb earlier than 5:00 p.m. on the day before pickup is prohibited. The Public Works Director or his designee may, at his discretion, cause waste which is not removed pursuant to this subsection to be collected in such a manner as he or she deems fit. (2) Disposal of rubbish and garbage on public or private property. No person shall throw or place or cause to be thrown or placed upon the premises of himself, herself or another located within the limits of the City of Bangor any rubbish, garbage or debris of any kind, nor shall any owner or occupant of any such premises suffer any such rubbish, garbage or debris to remain on said premises after receiving notice from the Chief of Police, Code Enforcement Officer or Director of 9y tiens-and-Meintetiaf�ee Public Works or their designees. Any person or persons so failing to remove any such rubbish, garbage or debris for a period of seven days after receipt of said notice shall be fined as designated below. (3) Unauthorized use of commercial or private containers. Placing refuse -waste in any commercial or private solid waste container without the consent of the owner or lessor of such container is prohibited. (4) Unauthorized taking of solid waste or recycling items. No person not licensed to do so by the City of Bangor shall take any solid waste or recyclable item placed by any residence or business for pickup and removal by the City of Bangor or its licensees. (5) Unauthorized taking of ergaigie- roaste-yard debris. No persons not permitted to do so by the City of Bangor shall take any ergatgic—-yard debris to the Public Works Department without a permit. (6) Unauthorized taking of unacceptable erg -wa -yard debris. No person shall deposit any unacceptable ergaiiie-wa -yard debris as defined herein to the Public Works Department. 19-311 08/12/2019 (1) Initial violations of this chapter, other than Subsection A (4), shall be subject to a fine of $50. Additional violations within a one-year period shall be subject to larger fines as follows: Number of Violations Fine 2 $100 3 $250 4 $500 5 or more $1,000 (2) Repeated violators will be subject to termination of City -provided garbage collection. In the case of multifamily units, collection services may be terminated for an entire structure or complex and the owner required to provide private collection as necessary to ensure the public health and safety. The Director of Gper-atieigs-and-f4ainteftai:ic-e-Public Works shall have the authority to terminate collection services. (3) Violations of Subsection A (4) shall be subject to a fine of $500. Additional violations of Subsection A (4) within a one-year period shall be subject to larger fines as follows: Number of Violations Fine 2 $750 3 $1,000 4 $1,250 5 or more $1,500 C. Reimbursement. All costs to the City for collection of refuse pursuant to §265-3 K or §265-5 A (1) may be billed to the owner or resident of the residence from which the refuse originated. Failure to pay said bill may result in the placement of a lien upon said residence. D. Decisions and penalties made pursuant to this chapter may be appealed to the City Manager or his or her designee. If dissatisfied with the Manager's decision, appeal may be made to the appropriate Council committee. In cases of termination of service, service shall remain terminated during the appeal process. IN CITY COUNCIL AUGUST 12, 2019 COrd 19-311 FIRST READING VP � �17 C CLE AUGUST 26,2019 COrd 19-311 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO AMEND TO REMOVE THE 5 BAG LIMIT MOTION TO AMEND WITHDRAWN MOTION MADE AND SECONDED TO AMEND TO MAINTAIN CURRENT LIMITS VOTE: 4-4 COUNCILORS VOTING YES: DAVITT, GRAHAM,TREMBLE,WESTON COUNCILORS VOTING NO: SCHAEFER, SPRAGUE, SUPICA,NICHOLS FAILED VOTE ON MAIN MOTION: 5-3 COUNCILORS VOTING YES: DAVITT, SCHAEFER, SPRAGUE, SUPICA,NICHOLS COUNCILORS VOTING NO: GRAHAM, TREMBLE,WESTON PASSED CltY' CLEjiK