Kotzebue Municipal Code

Chapter 8.04

GARBAGE AND SANITATION*

Sections:
8.04.010 Definitions.
8.04.020 Littering prohibited.
8.04.030 Prevention of scattering.
8.04.040 [Cans or containers-Elevation-Accessibility-Alternatives.]
8.04.050 Bulky [rubbish] refuse.
8.04.060 Upsetting or tampering with receptacles.
8.04.070 Abandoned garbage containers.
8.04.080 [Periodic emptying of receptacles.]
8.04.090 Burning of litter.
8.04.100 Sidewalks and alleys to be kept free from litter.
8.04.110 Owner and/or tenant to maintain private premises.
8.04.120 Littering from vehicles.
8.04.130 Litter from aircraft.
8.04.140 Litter in public places.
8.04.150 Parking [lots] areas.
8.04.160 Construction sites-Clean condition.
8.04.170 [Sanitary area-Dumping permits.] Landfill.
8.04.180 Litter Control Board.
8.04.190 Enforcement.
8.04.195 Notice of Violation
8.04.200 Violation-Penalty.
[8.04.210 Abatement by city.]
8.04.220 Recovery by city of expenses of litter removal.

8.04.010 Definitions.
The following terms shall have the meaning given in this section unless their use clearly demonstrates a different meaning:
A. “Ashes” means and includes the solid waste by-products of the coal, wood, and other fuels used for heating and cooking, from all public and private establishments and from all residences.
B. “Authorized receptacle” means: [a can or]
1. a covered container of watertight construction with a tight fitting lid; or
2. a suitable raised covered platform for all bagged or boxed refuse accessible to the collector of refuse; or
3. a dumpster purchased from the City. [not easily corrodible, rodent proof, insect proof, of not less than twenty gallons and not more than fifty gallons capacity, preferably having handles at the sides and shall not exceed one hundred pounds in weight when full. Each can shall be kept clean inside and out, so that no odor nuisance shall exist. Covers shall not be removed except when necessary to place refuse in storage containers or to take the contents therefrom. Such containers shall not be overloaded to the extent whereby covers cannot be securely replaced.]
C. “Collector of refuse” or “collector” means the city, acting through its Department of Public Works.
D. “Natural Forces”[“Elements”] means and includes any natural force [element] whether created by nature or created by man, which with reasonable forseeability could carry litter from one place to another. [Elements] Natural forces shall include, but not be limited to, air current, rain, water current, and animals.
E. “Garbage” means all organic waste except sewage and bodily wastes. [and includes all putrescence wastes except sewage and bodily wastes, including vegetable wastes, but not including recognized industrial byproducts, and includes all such substances from all public and private establishments and residences.]
F. “Hazardous Waste” The term “hazardous waste” is defined in Subsection 1004(5) of the Solid Waste Disposal Act as follows:
a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may – 1. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
2. pose a substantial potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

[F.]G. “Litter” means any garbage, refuse or trash not contained in an authorized receptacle within the city limits. [and includes any uncontainerized man-made or man-used waste which, if deposited within the city otherwise than in a litter receptacle, tends to create a danger to the public health, safety and welfare or to impair the environment of any garbage, refuse, rubbish, trash, confetti, debris or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, carcass of dead animal or nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.]
[G.] H. “Park” means and includes a public or private [park reservation, playground, beach, recreation center or any] land parcel within the city limits [devoted to] used for active or passive recreation.
[H.] I. “Parking areas” means and includes any private or public property with provisions for parking vehicles. [to which the public is visible from any public place or private premises.]
[I.] J. “Person” means every person, firm, partnership, association, institution and corporation. The term also means that occupant, tenant and/or the owner of the premises for which service herein is rendered.
[J.] K. “Private premises” means and includes any dwelling house, building or other structure designated to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox or other structure belonging or appurtenant to such dwelling, house, building or other structure.
[K.] L. “Public place” means and includes any and all streets, alleys, [boulevards, avenues, lanes,] or other public ways, and [squares, plazas,] parks, grounds and buildings frequented by the general public.
[L.] M. “Refuse” means and includes garbage, [rubbish] trash and ashes [and all other putrescence and non-putrescible waste except sewage,] from all public and private establishments and residences.
[M.] N. “Trash” means all inorganic wastes not including hazardous waste. [“Rubbish” means all nonputrescible wastes, including, but not limited to, wastepaper, boxes, debris, grass and leaves from all public and private establishments and residences, but does not include recognized industrial byproducts.] (Ord. 89-9 1(part), 1989).

8.04.020 Littering prohibited.
No persons shall deposit any litter within the city except in public receptacles and authorized private receptacles for collection. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to accumulate litter thereon. (Ord. 89-9 1 (part), 1989).

8.04.030 Prevention of scattering.
Persons placing litter in public receptacles or authorized private receptacles [(or at the city dump)] will do so in such a manner as to prevent litter from being carried or deposited by the [elements] natural forces upon any public or private premises. (Ord. 89-9 1 (part), 1989).

[8.04.040 Cans or containers-Elevation-Accessibility-Alternatives.
A suitable raised platform, hanger or device shall be provided so that containers will not freeze into the ground, or rest in water or in ice, to be tipped over by animals. Cans shall be kept at all times in a place accessible to the collector of refuse. Large, suitable and sufficient numbers of containers for collection and storage of refuse may be used with the approval of the collector. (Ord. 89-9 1 (part), 1989).]

8.04.050 Bulky [rubbish] refuse.
A. Bulky [rubbish] refuse such as cardboard or wooden boxes, magazines, newspapers and similar refuse shall be flattened and tied in bundles or bails with a stout cord. Such bundles or bales shall not exceed thirty-six inches in length or breadth and twenty inches in height, and shall not exceed fifty pounds in weight. Such bulky [rubbish] refuse shall be stacked in such manner as to facilitate its collection by the collector.
B. For disposal of all large items such as appliances, furniture or other unwanted bulky items, residents should contact the Public Works Department. (Ord. 89-9 1 (part), 1989).

8.04.060 Upsetting or tampering with receptacles.
No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public or private premises. (Ord. 89-9 1 (part), 1989).

8.04.070 Abandoned garbage containers.
It is unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste or garbage to remain uncollected [or unexcited] for longer than fourteen days or after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place. (Ord. 89-9 1 (part), 1989).

8.04.080 [Periodic emptying of receptacles.
All litter shall be removed periodically from litter receptacles as necessary to maintain their usefulness. (Ord. 89-9 1 (part), 1989).]

8.04.090 Burning of litter.
It is unlawful for any person to burn litter outside of any building except by special permit of the fire chief. (Ord. 89-9 1 (part), 1989).

8.04.100 Sidewalks and alleys to be kept free from litter.
Persons owning, occupying or in control of any public place or private premises shall keep the sidewalk and alleys adjacent thereto free of litter. (Ord. 89-9 1 (part), 1989).

8.04.110 Owner and/or tenant to maintain private premises.
A. The owner, tenant or person in control of any private premises shall at all times maintain the premises free of litter.
[B. The owner or person in control of private premises shall, if public receptacles are unavailable, maintain authorized private receptacles for collecting litter in such a manner that it will be prevented from being carried or deposited by the elements upon any public place or private premises.]
[C.] B. It shall be the duty of any person owning or controlling a private premises including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner. [, and to a standard conforming to other orderly premises in that vicinity.] It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter thereon.(Ord. 89-9 1 (part), 1989).

8.04.120 Littering from vehicles.
No person, while the operator or passenger of a vehicle, shall deposit litter upon any public place or private premises. (Ord. 89-9 1 (part), 1989).

8.04.130 Litter from aircraft.
No person in an aircraft shall throw out, drop or deposit within the city any litter. (Ord. 89-9 1 (part), 1989).

8.04.140 Litter in public places.
[A. No person shall deposit litter in any public place within the city except in receptacles and in such a manner that the litter will be prevented from being carried of deposited by the elements upon any part of any other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the public place by the person responsible for its presence and properly disposed or elsewhere in a lawful manner.]
[B.] The owner, tenant or person in control of any public place, including but not limited to parks, restaurants, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations, and hospitals and clinics shall take measures including regular cleanup of the premises to prevent litter from being carried by the [elements] natural forces to adjoining premises. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter thereon. (Ord. 89-9 1 (part), 1989).

8.04.150 Parking [lots] areas.
[A. Litter Receptacles required.] Any public place or private premises containing any provision for parking vehicles shall be equipped with a minimum of one authorized [litter] receptacle[s] in an easily accessible location in compliance with this section. Such premises shall include but not be limited to such places as shopping centers, restaurants, gasoline service stations, apartment developments, parking [lots] areas, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose.
[B. Number of Receptacles. All premises having parking lots shall provide a minimum of one authorized litter receptacle in an easily accessible location.]
[C. Obligation to Use Receptacles.]
It shall be the duty and obligation of all persons using parking areas to use such [litter] receptacles [as hereinabove] provided for the purposes intended and it shall be unlawful for any person or persons to [deposit upon any such parking lot any] litter. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter thereon. (Ord. 89-9 1 (part), 1989).

8.04.160 Construction sites--Clean condition.
A. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the [elements] natural forces to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each work day and placed in containers which will prevent litter from being carried by [the elements] natural forces to adjoining premises. (Ord. 89-9 1 (part), 1989).
B. Vehicles that are transporting litter for disposal shall be covered in such a way that litter will not be carried by natural forces to adjoining premises.

8.04.170 [Sanitary area--Dumping permits.] Landfill
A. The city shall establish a location or locations for the disposal of refuse [and sewage] at some suitable site or sites near the city. The site or sites shall be maintained in a manner approved by the Department of Environmental Conservation under the provisions of Chapter 60, Title 18 Alaska Administrative Code.
[B. It shall be unlawful for any person to use the sanitary area or areas without a dumping permit issued by the city.]
[C.] B. Guidance and inspections service shall be given to the operation by the Department of Environmental Conservation. All disposal of refuse [or sewage] shall be by a method specifically approved by the Department of Environmental Conservation; provided, however, that the said method or methods shall include the maximum practicable rodent, insect and nuisance control at the place of disposal. (Ord. 89-9 1 (part), 1989).

8.04.180 Litter Control Board
A litter control board is established for the purpose of monitoring and assessing the city’s litter control needs. The [commission] board shall propose ordinances, regulations or policies to regulate and control litter in the city to the city council for consideration. The [commission] board shall be made up of five members who shall be chosen by the city council and shall represent the public, the city’s business community, and the city administration. [The commission shall meet once a month. The commission shall concentrate its efforts on controlling litter in the city between May 15th and October 15th each year.] (Ord. 89-9 1 (part), 1989).

8.04.190 Enforcement.
Regulations promulgated pursuant to this chapter shall be enforced by the [department of] public works director and the police department. (Ord. 89-9 1 (part), 1989).

8.04.195 Notice of Violation
Where premises are in violation of any section of this chapter, the director of public works or his designee shall provide ten days written notice to the owner, tenant and/or occupant of the premises of such violations. Upon issuance of written notice, the owner, tenant or occupant shall have ten (10) days to remedy the complaint. After that ten day period, the director of public works or his designee may enter the premises and correct the violations with the owner, tenant and/or occupant to bear the city’s costs for that operation. (Ord. 89-9 1 (part), 1989).

8.04.200 Violation--Penalty.
Any person who fails to comply with any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a minimum fine of [not to exceed] one hundred dollars, up to 40 hours of community service with the refuse department and/or be imprisoned for a period of time not to exceed ten days. [, or both such fine and imprisonment.] Each day that such offender continues any violation shall be deemed a separate offense. In addition, or in the alternative, the city may pursue civil remedies for violations of this chapter, including, but not limited to abatement proceedings, civil fines up to five hundred dollars per day and/or any other civil remedies available in law and equity. (Ord. 89-9 1 (part), 1989).

[8.02.210 Abatement by city.
The director of public works, or his designee, where premises are in violation of any section of this chapter, after having provided ten days notice to the owner and occupant of such is empowered to enter upon the premises and may thereupon correct the unclean conditions. (Ord. 89-9 1 (part), 1989).]

8.04.220 Recovery by city of expenses of litter removal.
[The city is damaged by the depositing of litter within the city, and the cost of litter removal has become a significant expense of the city. It is intended that persons responsible for such expenses shall bear the costs of same.] [In order to recover the cost of litter removal,] Persons responsible for the illegal depositing of litter in the city shall bear the cost of any cleanup of said litter by the city. The city may bring a civil action against said [any] persons. [believed to be responsible for depositing litter.] [If the settlement offer is accepted, no action will be instituted by the city.] (Ord. 89-9 1 (part), 1989).

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Posted December, 2002