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HomeMy WebLinkAbout06-04-1954 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope met on Friday, June 4, 1954 with the following members present: Mayor E. B. Overton, Councilmen:,M* 0. Berglin, R. C. Macon and J. D. Mason, Councilman Blatchford being absent. Motion by Councilman Mason seconded by Councilman Berglin that the Council proceed with the election of a Councilman to serve for the unexpired term, Mr. Ralph Brown hav ing been nominated was unanimously elected. motion carried. Motion by Councilman Macon seconded by Councilman Mason that Ordinance #226 be amended to read as follows: Motion carried. -_t Councilman Macon offered the following resolution: ORDINANCE NUMBER 226 BE IT ORDAINED by the City Council of the City of Fairhope that ordinance number 226 adopted by the City Council on the 22nd day of March, 1954, be and the same is hereby amended to read as follows: An ordinance.to provide garbage disposal service for the City of Fairhope and to provide a fee or charge for collecting and disposal of garbage, trash and other refuse, in the City of Fairhope; and to provide for the collection of the same; and to provide for the maintenance of garbage cans and to regulate the disposal of garbage in the City of Fairhope; and to make it unlawful for any person to sweep, rake or throw garbage, trash or other waste matter commonly known as garbage or trash into or on the streets, avenues, alleys, parks or other public places, or on premises other than his own or under his control, in the City of Fairhope; and to make it unlawful for any person, firm or corporation to cause or to allow garbage or trash to remain on his own premises; and to provide a penalty for the violation of this ordinance: BE IT ORDAINED by the City Council of the City of Fairhope, Alabama, as follows: SECTION 1. Definitions: The following words and terms when used in this ordinance have the meanings respectively ascribed to them by this section unless the context clearly indicates other- wise. A. "Person" shall be taken to mean and include a natural person, firm, association, partnership, corporation, trustee, executor, administrator, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. B. "Garbage and Trash" shall be taken to mean and include all waste and discarded materials including rubbish and debris, waste and discarded food, animal and vegetable matter, (but not including liquid waste), waste paper, cans, glass, crockery, rags, ashes, cinders, brush, grass, weeds, cuttings from lawns and gardens. C. "Garbage Container" shall be taken to mean and include watertight receptacle or can having a capacity of not more than thirty gallons, of substantial metal construction, with a tight fitting lid or cover, and two handles on the sides of the recept- able or can, or with a bail by which same can be conveniently lifted or moved. D. "Sanitary Department" means the City Sanitary Department of the City of Fairhope, Alabama, and shall include all officers and employees engaged in sanitary and health work for said city. E. "Garbage and Trash Dump" means the place for dumping and disposing of garbage and trash, operated by said city or by others as may be contracted for by said city. SECTION 2: For the convenience and for the service and to maintain sanitary health conditions within the City of Fairhope, Alabama, and to facilitate the disposal of garbage, trash, and refuse there is hereby established in the City of Fairhope, Alabama, a garbage, trash and refuse, collection, hauling and d sposal service to be operated by the City of Fairhope, Alabama. The Collection, hauling, and disposal of garbage shall be made by the officers, agents and employees of the City of Fairhope, Alabama, under the direction -of the Mayor of said city not less than one time per week and the charges herein prescribed are based on such periodic collection and disposal except in the business district where there will be one pick-up per day, Monday through Saturday. In cases requiring collection and disposal at more frequent intervals, the charges herein prescribed for service one time each week shall be used as a basis for calculating the charges for such additional service and shall be the base rate multiplied by the number of times service is rendered each week. A. Beginning with the services rendered for the month of April, 1954, and continuing thereafter the charges for the collect- ing, hauling and disposing of garbage, trash, and refuse shalll be made as follows One ($1.00) dollar per month for each residence maintaining a garbage container of not more than thirty gallon capacity. B. In apartment houses or other buildings or residences where more than one family occupy or maintain separate apartments a garbage container shall be provided by each family living in such building or residence and each family shall pay the garbage fee required by this ordinance. C. One ($1.00) dollar per month for each store, hotel, boarding house or rooming house, school or other places of business in said City of Fairhope for each container of not more than thirty gallon capacity. SECTION 3: Each person desiring the garbage service pro- vided in this ordinance shall at his own expense provide a garbage container, as herein defined, and cause all garbage and trash, as herein defined, to be placed in such container and the container to be placed at an appropriate place for collection to be designat- ed by the City Sanitary Department. Boxes, crates, grass, leaves, tree trimmings and shrubbery cuttings not more than five feet in length or weighing over fifty pounds and originating on.the prem- ises from which the Sanitary Department removes garbage and trash for a service charge as provided in this ordinance shall be placed in front of such premises on the area between the side walk and street on the regular collection days and will be removed by the Sanitary Department without additional charges therefor; provided, however, not more than one truck load shall be removed without charges on any one collection day. SECTION 4: Any person desiring to use the garbage and trash dump for the purpose of dumping and disposing of garbage and trash shall pay a fee to be determined by the Sanitary Department and the person in charge of the dumping grounds. SECTION 5: Any person, firms or corporation desiring use of the garbage.service provided in the ordinance shall enter into agreement with the city in words and figures substantially as follows: "The undersigned desires the use of the Garbage Service provided by the City of Fairhope, and agrees to pay therefor the sum of $1.00 for a month -- payable each month when and as the bill for utility service is paid, the same to be billed with such utility bill; and in the event the sauce is not paid when and as such utility bill is paid, then the City of Fairhope may discontinue the garbage seritice. The same may be reinstated upon the same conditions such utility service is reinstated. Witness my hand this _ day of , 19_. A. If no utility service is being furnished then the person desiring such service shall enter into agreement with the city for such service and pay therefor in advance. SECTION 6: No garbage collection service shall be rendered by the Sanitary Department for any person, firm or corporation whose account for said service is delinquent by more than fifteen (15) days. SECTION 7: On and after the passage of this ordinance it shall be. unlawful for any person, firm or corporation to sweep, rake, or throw trash, waste matter or any other substance common- ly known as garbage or trash into the streets, alleys, parks, beaches, sidewalks, or other public places of the City of Fairhope, or on premises not his own or under his control..'It shall be unlawful for any person, firm or corporation to allow garbage or trash to remain exposed on their own premises so as to be un- sanitary, unsightly or offensive. SECTION 8: Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of misdemeanor and upon conviction, shall be fined not less than One ($1.00) dollar, nor more than One Hundred ($100.00) dollars. SECTION 9: If for any reason any clause, sentence, section, subsection or provision of this ordinance, or the application thereof to any person or circumstance, is held invalid or in- operative, the remainder of the ordinance and the application thereof to any person or circumstance, shall not be affected thereby. SECTION 10: All ordinances or parts of ordinances, or sections of any code of the City of Fairhope in conflict with the provisions of this ordinance are hereby repealed. SECTION 11; This ordinance shall become effective upon its adoption.and may be referred to and designated as the Municipal Garbage Disposal Ordinance. Regularly adopted by the City Council of the City of Fairhope, Alabama, this the _ day of , 19—. Approved Mayor - Attest: City -Clerk The said ordinance having been read in full Councilman Mason moved the suspension of the rules that the ordinance might be put upon its immediate passage, which motion having been seconded by Councilman Berglin , was put upon its passage with the follow- ing results, voting for the same: Mayor E. B. Overton, Council- men M. L. Berglin, Richard Macon and Dupree Mason; against, none; whereupon the Mayor announced the motion carried and the rules suspended. Councilman Macon moved that the said ordinance bepat upon its immediate passage, which motion having been seconded by Councilman Mason was put upon its passage with the following results, voting for the same: Mayor E. B. Overton, Councilmen M. L. Berglin, Richard Macon and Dupree Mason; against, none; whereupon the Mayor declared the motion carried. Councilman M. jD. Bergliri moved that the ordinance be adopted, which motion having been seconded by Councilman Mason was put upon its passage by the Mayor with the following results; voting for the same: Mayor E. B. Overton, Councilmen M. L. Berglin, Richard Macon and Dupree Mason, against, none; whereupon the Mayor declared the ordinance adopted and signed the same.