HomeMy WebLinkAboutORDINANCE NO. 765 NUISANCE GARBAGE RULESORDINANCE NO. 765
AN ORDINANCE PROHIBITING LITTERING; PROHIBITING THE
UNAUTHORIZED DEPOSIT OF REFUSE IN GARBAGE
CONTAINER(s) BELONGING TO SOMEONE ELSE; DEFINING
NON -RECYCLABLE GARBAGE; OBSTRUCTING DUMPING OF CITY
GARBAGE CONTAINERS; SETTING FORTH FREQUENCY OF
COLLECTION AND CHARGES FOR COLLECTION SERVICE;
ESTABLISHING CIVIL PENALTIES FOR ANY VIOLATION
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF REXBURG, IDAHO:
SECTION I. Unauthorized depositing of refuse. No
person shall deposit any litter, refuse or garbage or cause or
permit such to be deposited in or around the garbage containers
of another without the containers owner's consent. The
identification of mail or other material bearing the name(s) of
a person or identifying such person or entity shall constitute
prima facie evidence of ownership.
SECTION II. Any person convicted of a violation of
Section I., shall be punished by a civil penalty of not less
than $300.00 nor more than $1,000.00 plus court costs. Any
civil penalty assessed and collected by the court shall be
distributed as follows: (1/3) one-third to the person
apprehending or reporting the offender other than city
employees in course of their employment; (1/3) one-third to the
owner of the receptacle; and (1/3) one-third to the City of
Rexburg.
SECTION III. Nonrecyclable garbage and refuse --All
garbage and refuse shall be placed in city refuse containers,
except the following items, which are not allowed in any city
container: asphalt, automotive batteries, building materials,
carpet, cement block, concrete, dead animals, lumber scraps,
mattresses, metal, motor oil, pallets, tires, tree limbs over
one inch diameter, tree stumps and white goods (stoves,
fridges, washers, dryers, dishwashers, etc.).
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SECTION IV. No vehicles or other obstruction,
including snow, shall block access to a container that
is to be dumped. If access is blocked, the container will not
be dumped and an additional minimum fee of twenty dollars will
be charged for a return call to empty a container.
SECTION V. Disposing of solid waste on public or
private property prohibited. It is unlawful for any person to
dump or in any manner dispose of solid waste upon any street,
alley, public place or private property owned by another person
within the City.
SECTION VI. Collection and storage. All solid waste
shall be removed at least bi-weekly from all occupied premises
in City residential areas and from all other premises as
requested by the owner. Temporary storage of solid waste prior
to removal shall comply with this section.
SECTION VII. Placing burning material in container
prohibited. It is unlawful for any person to deposit in any
solid waste container any burning materials, or materials
sufficiently hot to create combustion when the same come in
contact with other solid waste.
SECTION VIII. Charges for collection service. The
rates for city refuse collection shall be set by resolution of
the City Council and shall be reviewed at least annually.
SECTION IX. Severability. The provisions of this
ordinance are severable. If any provision of this ordinance or
its application to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect
without the invalid provision or application.
SECTION X. Penalty. Any person, firm, or
corporation violating Sections III, IV, V, or VII of this
ordinance shall be assessed a civil penalty of not less then
fifty dollars nor more than $1,000.00 for each offense, and a
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separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
SECTION XI. Effective Date. This ordinance shall
take effect and be in force from and after its passage and
publication as required by lawn.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this
day of &ff, 1994.
Nil Boyle, or
ATTEST:
� 2"
Rose Bagle , CiX Clerk
(SEAL)
STATE OF IDAHO )
County of Madison )
I, ROSE BAGLEY, City Clerk of the City of Rexburg,
Idaho, do hereby certify: That the above and foregoing is a
full, true and correct copy of the ordinance entitled:
AN ORDIANCE PROHIBITING LITTERING; PROHIBITING THE
UNAUTHORIZED DEPOSIT OF REFUSE IN GARBAGE CONTAINERS
BELONGING TO SOMEONE ELSE; DEFINING NON -RECYCLABLE
GARBAGE; OBSTRUCTING DUMPING OF CITY GARBAGE
CONTAINERS; SETTING FORTH FREQUENCY OF
COLLECTION AND CHARGES FOR COLLECTION SERVICE;
ESTABLISHING CIVIL PENALTIES FOR ANY VIOLATIONS
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
passed by the City Council and approved by the Mayor this
day of &�, 1994.
IN WI NESS WHEREOF, I have hereunto set my hand and
ORDINANCE NO. 765 -3-
affixed the seal of said City of Rexburg, Idaho, this -ZZday
of ��, 1994.
(SEAL)
ORDINANCE NO. 765
City Clerk
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