AGENDA #4g
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Revisions to Sanitation Ordinance Related to Curbside Collection
DATE: February 26, 2001
The attached ordinance would amend Chapter 8 of the Town Code of Ordinances to make certain sections of the Ordinance consistent with curbside collection practices approved by the Town Council.
The Council approved changing the collection of residential garbage collection from twice weekly, rear yard collection to weekly curbside collection as part of the Fiscal 2000-2001 budget. The Town Code, while providing for collection at the street as directed by the Manager under authority of the Council (Sec. 8-5), contains a number of references to rear yard collection as the primary place of collection. There are also references to residential collection without specific reference to collection at the street.
In addition, there are a number of sections that define residential refuse containers that do not include descriptions of the mobile carts that are being provided by the Town as part of the curbside program.
Proposed changes to the ordinance are as follows:
Section 8- 22 introduces “pre-collection practices” and is eliminated.
Section 8-28 adds language referring to mobile carts and their location.
Section 8-32 (a) inserts a new section that permits placement of refuse receptacles in the public right-of-way for collection. It provides placement guidelines.
Section 8-36 introduces collection procedures and is eliminated.
Section 8-37 removes language that authorized the weekly curbside pilot program in 1991.
Section 8-42 amends language about the County landfill, removing reference to the “town-operated” landfill and adds language prohibiting travel on Town streets with uncovered loads of waste.
These changes reflect the current curbside practices as approved by the Council.
We recommend that the Council adopt the attached ordinance, amending Chapter 8 of the Town Code of Ordinances as discussed in the previous section.
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES ON GARBAGE, TRASH AND REFUSE (2001-02-26/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Sec. 8.5 is hereby revised to read as follows:
“Sec. 8-5. Garbage and household waste cans; construction; location.
Any person or association referred to in section 8-3, and receiving twice weekly service, shall provide suitable standard metal or plastic receptacles, generally known as garbage cans, for deposit of garbage, household refuse, and other refuse. Said receptacles shall be of thirty-two gallon capacity or less and shall be watertight, of fly-proof construction and with a tight-fitting lid when used for wet garbage or other decomposable material. Such receptacles shall weigh sixteen (16) pounds or less when empty and may not be loaded with more than forty-five (45) pounds of refuse at a time. Such receptacles shall be located conveniently for the collector, but shall in no case be placed on the street or sidewalk unless done under the regulations prescribed by the town manager under authority of the council.” Any person or association referred to in section 8-3, and receiving once weekly curbside service, shall provide suitable standard metal or plastic receptacles, generally known as garbage cans, for deposit of garbage, household refuse, and other refuse. Said receptacles shall be of thirty-two gallon capacity or less and shall be watertight, of fly-proof construction and with a tight-fitting lid when used for wet garbage or other decomposable material. Such receptacles shall weigh sixteen (16) pounds or less when empty and may not be loaded with more than forty-five (45) pounds of refuse at a time. Residents may choose to utilize a mobile refuse cart provided by the town. Unless granted and exemption by the town due to age or health, once weekly service collections will be curbside. Receptacles shall be conveniently located at the curb, but shall in no case be placed on the street or sidewalk as to create a hazard or interfere with traffic. Trash is to be placed at the curb before 6:00 a.m. on collection days, with containers removed before 7:00 p.m. on the same day.”
Section 2. Sec. 8.21 of the Town Code is hereby revised by amending definitions (i) and (m) as follows:
“
(i) Household refuse. The
term “household refuse” shall mean all refuse (other than ashes, or dead animals, yard waste,
hazardous refuse and animal litter) incident to the ordinary conduct of the
household which can be placed in thirty-two (30) (32)
gallon containers, or town-provided
mobile refuse carts. This shall include garbage, rubber, paper,
rags, cans, boxes, cartons, glass, crockery, dust, etc.
(m) Refuse receptacles. The term
“refuse receptacles” shall mean a mobile refuse cart or a can or
container of metal or plastic and of substantial construction, watertight with
tight fitting lid, provided with handles sufficient for safe and convenient
handling, which shall be kept in serviceable condition and covered at all
times. Such receptacles shall have a capacity of not less than ten (10) gallons
nor more than thirty-two (30) (32) gallons. Receptacles
must be approved by the sanitation department solid waste services
division. Mobile refuse carts will be available from the Town.”
Section 3. Sec. 8-22 of the Town Code is hereby revised to read as follows:
Sec. 8-22. Scope,
applicability of pre-collection practices. Reserved,
The following pre-collection practices shall apply to
all persons within the Town of Chapel Hill.
Section 4. Sec. 8-28 of the Town Code is hereby revised to read as follows:
“Sec. 8-28. Location, accessibility of refuse receptacles and bulk containers.
Bulk containers and containers utilized for once
weekly residential curbside collections shall at all times be kept
in a place easily accessible to the town equipment and no service shall be
given to those establishments or residences permitting objects,
obstructions, or vehicles to hinder in any way whatsoever the servicing of said
bulk containers or containers utilized for once weekly residential curbside
collections. No refuse receptacles will be picked up from enclosed areas
which are used to store anything besides refuse, or from locations or storage
areas which create an unreasonable risk of injury to town personnel. When town
personnel must pass through gates or other barriers to pick up refuse the town
will not be responsible for damage caused to the barrier or by leaving it
open.”
Section 5. Sec. 8-32 of the Town Code is hereby revised by adding (a) to read as follows:
“Sec. 8-32. Deposits in public right-of-way.
It shall be unlawful for any person to place, deposit or leave or cause to be placed, deposited or left temporarily or permanently, to throw or cause to be thrown any trash, refuse, litter, garbage or waste material of any kind upon the right-of-way of any public street, sidewalk, highway or alley within the Town of Chapel Hill, except as hereafter authorized and approved:
(a). Reserved Once weekly residential curbside collection. Refuse
receptacles as identified in Section 8-21 (m) may be placed on the said
right-of-way subject to the pre-collection practices set forth herein. Such
refuse receptacles will be set at the existing curb line or street or, where no
such curb line exists, the materials shall be placed off of the street pavement
and between the roadside ditch and the front property line, off the traveled
portion of the street. No container shall be placed so as to block the
sidewalk.
(b). Yard waste placed for collection. Yard waste may be placed on said right-of-way subject to the pre-collection practices set forth herein. Such rubbish shall be placed behind the existing curbline or the street, or where no such curblines exist, the bundled yard waste material shall be placed off the street pavement and between the roadside ditch and the front property line, off the traveled portion of the street. No yard waste shall be placed so as to block the sidewalk.”
Section 6. Sec. 8-36 of the Town Code is hereby revised to read as follows:
Sec. 8-36. Collection procedures-Established. Reserved.
The following collection procedures shall be in effect
within the Town of Chapel Hill.
Section 7. Sec. 8-37 of the Town Code is hereby revised to read as follows:
“Sec. 8-37. Same-Household refuse and garbage.
Household refuse and garbage in refuse receptacles will
be picked up in the rear yard twice each week, provided that by council
resolution one or more areas of the town may be designated for pilot collection
programs where household refuse and garbage are collected in a different method
and on a different frequency. Any such pilot program shall not extend for more
than twelve (12) months without being reapproved by council resolution. or at the curb once each week in
those areas of town designated for weekly curbside residential collections.”
Section 8. Sec. 8-42 of the Town Code is hereby revised to read as follows:
“Sec. 8-42. Vehicles hauling garbage, rubbish or yard waste.
No vehicle hauling garbage, rubbish, yard waste or refuse
shall be allowed to travel upon town streets or to deposit same at the town-operated Orange County regional landfill unless
said garbage, rubbish, yard waste or refuse is enclosed in said vehicle or
otherwise covered by same effective means to prevent spillage while traveling
to the landfill.”
Section 9. This ordinance shall become effective upon adoption.
This the 26th day of February, 2001.