HomeMy WebLinkAboutO-842ORDINANCE NO. �YP2
TO AMEND, DELETE, AND ADD TO
ARTICLE VI, CITY OF FAIRHOPE CODE OF ORDINANCES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION ONE. Article VI, (Garbage & Trash), City of Fairhope Code of
Ordinances, is hereby amended to read as follows:
"ARTICLE VI. GARBAGE AND TRASH, COLLECTION AND DISPOSAL
Sec. 21-70. Definitions.
For purposes of administration and enforcement of this section,
the following words shall be defined as provided herein:
GARBAGE: All household waste including discarded food, animal and
vegetable matter, waste paper, cans and glass.
TRASH: All trash including grass and weeds, lawn cuttings, tree
trimmings, shrubbery cuttings, boxes, crates, and leaves.
CONTAINER: A receptacle sufficiently durable of construction and
sufficiently tight of closure as to retain contents against spillage.
CONTAINED: Material placed within a container or so bound
together as to constitute an homogeneous unit resistent to scattering
into parts or pieces.
CITATION: A written order authorized under this section to be
issued to person or persons alleged to be in violation thereof,
directing such person or persons to be present before the Municipal
Court at the time and place therein prescribed and to answer the
charges of violation.
COLLECTION DAY: The day or days during Monday through Friday of
each week which the City has designated as -the day for curbside
collection of garbage or trash in a particular area of the City.
ENFORCEMENT OFFICER: Any officer of the Fairhope Police
Department; additionally, the person or persons designated by the
Mayor who shall have the power to issue citations for violations of
the provisions of this section and who are authorized to file
complaints with the Municipal Court for violations of the provisions
of this section, but who shall not have powers of arrest.
FRONTAGE: That area lying between the curbline and the public
right-of-way and extending between the projections of property lines
of lots or parcels abutting; the public right-of-way, exclusive of
traffic lanes and walkways, abutting upon a particular lot or parcel
of real property.
OCCUPANT: Any person, firm or corporation who, as owner, tenant
or agent of either, resides upon or makes use of any premises within
the City; the person who has obligated himself for utility charges,
until released by the City.
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PREMISES: Real property.
STORM DRAIN: Any culvert, conduit, curb, ditch, swale, inlet,
grate, catch basin or other device constructed upon the public
rights -of -way or easements for the purpose of controlling, receiving,
collecting or transporting of surface waters.
TRUCKLOAD: A unit of trash which in its unconfined state would
fill a volume of 500 cubic feet.
WALKWAY: Any paved pathway constructed upon and along the public
right-of-way for the primary use of pedestrian traffic.
Sec. 21-71. Collection, hauling and disposal service established;
collection frequency generally.
There is hereby established a garbage collection, hauling and
disposal service to be contracted or operated by the City. The
collection under the direction of the mayor will be not less than two
(2) times per week except in the business district where there will
be no less than one (1) pickup per week.
Sec. 21-72. Same --Trash collection.
The City is zoned into 5 areas and trash will be picked up once
per week, Monday through Friday, in each area.
Sec. 21-73. Time and Manner of Placement; Prohibited Placement;
Vacation of Premises; Excessive Quantities.
TIME OF PLACEMENT: Except for leaves, lawn cuttings, straw, limbs
and plant prunings, no person shall place any garbage, trash,
rubbish, debris, or refuse upon the frontage of any premises within
the City earlier than 8:00 a.m. on the day preceding scheduled
collection day.
MANNER OF PLACEMENT: All garbage shall be placed in a separate
container which does not exceed 30 gallons capacity. Loose trash and
refuse shall be placed in a container or shall otherwise be contained
to prevent scattering. Such contained garbage or -trash shall be
placed upon the occupant's frontage only.
All garbage containers and other containers shall be removed from the
frontage within not more than twenty-four hours after collection.
PROHIBITED PLACEMENT: No person shall place or cause to be placed
any garbage, trash, refuse or debris upon any public walkway or
within any storm drain or within the traffic lanes of any street
within the City. Nor shall any person place any garbage, trash,
refuse or debris or any container upon the frontage of another. Nor
shall any person place any garbage, trash, refuse or debris of such
nature or condition or in such a manner as to endanger any person
using the rights -of -way or such as to obstruct the view of any
motorist or pedestrian entering, exiting or traveling upon the public
way. Dangerous materials and substances are further prohibited by
Section 21-74 of this Code of Ordinances,. Placement in violation of
this section shall constitute the offense of Littering as further
provided in Section 12-14 of this Code of Ordinances. Further no
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contractor or agent thereof shall place any construction or
demolition debris or any lot clearing debris on frontages.
VACATION OF PREMISES: Persons moving out of premises shall comply
with all requirements of this section. Placement of trash or garbage
in violation shall subject violator to all penalties prescribed
herein and, in addition thereto, the City may remove offending
material and assess the occupant any balance due on utility deposits
or, in the case of owner occupied property, may assess the property
and file a lien against the same as permitted by law.
EXCESSIVE QUANTITIES: Where any person desires collection of any
quanity of trash greater than one truckload, such person shall
contact the City's Superintendent of Streets for instructions
regarding manner of placement and time of collection.
Sec.
21-74.
(include
as written).
Sec.
21-75.
(include
as written).
Sec.
21-76.
(include
as written).
Sec.
21-77.
(include
as written).
Sec.
21-78.
(include
as written).
Sec. 21-79.
PENALTY FOR VIOLATION: Any person violating any provisions of
Ar*,icle VI. Garbage and Trash Collection and Disposal, Fairhope Code
of Ordinances, shall, upon conviction, be punished as provided in
Section 1-8 of this Code of Ordinances; provided, however, that the
fine imposed for violation shall not exceed One Hundred Dollars
($100.00) for each offense. Provided further that each day the
violation continues shall constitute a separate offense."
SECTION TWO. Any ordinance in conflict with this ordinance is hereby
repealed.
SECTION THREE. This ordinance shall be effective upon due
adoption and publication as required by law.
ADOPTED THIS �_ DAY OF 1989.
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