AGENDA #4g
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Revisions to Sanitation Ordinance Related to Rules for Curbside Roll-Carts
DATE: June 25, 2001
The attached ordinance would amend Chapter 8 of the Town’s Code of Ordinances to include provisions for penalties and enforcement for location of residential trash receptacles, including Town issued wheeled carts.
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’s Code of Ordinances was revised February 26, 2001, to address once weekly curbside collection. Section 8-5 references the primary place of collection for once weekly curbside and discusses when receptacles may be placed at the curb and when their removal is effective. Relevant parts of this section state the following:
“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.”
There currently are no penalties or provisions for enforcement for Section 8-5 of the Town’s Code of Ordinances with respect to placement and removal of roll-carts.
The attached amendments to Chapter 8 of the Town’s Code of Ordinances would: 1) clarify the times for setting out and removing roll carts from the street; and 2) establish penalties for those who do not comply with provisions of the sanitation ordinance governing placement and removal of roll carts. The proposed amendment to Section 8-5 would specify that roll carts be taken to the street no earlier than 6:00 p.m. on the day before the collection date and that such carts be removed from the street before 6:00 a.m. on the day following the collection date. The proposed amendment to Section 8-44 would add Section 8-5 to those sections for which civil penalties are established for residents who do not place or remove such receptacles at or from the curb.
Once these amendments take effect, solid waste crews would have enforcement authority to notify violators that the roll carts need to be removed from the street as required by the ordinance. If such notification does not result in voluntary compliance, then sanctions as provided by Section 8-44 could be used. We would use a graduated system of enforcement, starting with a first and second written notice, followed with a citation if necessary. The fine for a citation is $25 per day.
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES ON GARBAGE, TRASH AND REFUSE (2001-06-25/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:
“Section 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 an 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 no earlier than 6:00 p.m. on
the day before collection before 6:00 a.m. on collection days, with
containers removed before 6:00 a.m. on the day following collection 7:00
p.m. on the same day.”
Section 2. Sec. 8-44 is hereby revised to read as follows:
“Section 8-44. Penalties and enforcement.
(a) Any violation of sections 8-5, 8-23, 8-24, 8-24.1, 8-25, 8-26, 8-33, 8-35 or 8-38 shall constitute a civil violation and be subject to a civil penalty in the amount of twenty-five dollars ($25). Each day that a violation continues uncorrected shall constitute a separate violation. In addition, the town may refuse to empty any receptacle containing loose household refuse or garbage in violation of section 8-23.”
Section 3. This ordinance shall become effective upon adoption.
This the 25th day of June, 2001.