HomeMy WebLinkAbout1990-10-01 ORDINANCE NO. 90 O — J
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AN ORDINANCE AMENDING ORDINANCES NUMBER 922, 614, AND 797 OF THE CITY
OF BATESVILLE, CODIFIED AS CHAPTER 5. 12 OF THE BATESVILLE MUNICIPAL
CODE REGARDING SOLID WASTE COLLECTION AND FOR OTHER PURPOSES
BE IT ORDAINED by the City Council of the City of Batesville that the Bates-
ville Municipal Code Chapter 5. 12 regarding solid waste collection should be
and is hereby amended by subsection as follows:
5. 12.01 PROVIDE FOR THE COLLECTION OF GARBAGE, WASTE, TRASH, TIN CANS AND
REFUSE. All garbage, waste, trash, tin cans and refuse in the city shall be
collected regularly by the employees of said city and no other person, firm or
corporation shall be allowed to collect said garbage, waste, trash, tin cans
and refuse except employees of the city. Provided that this ordinance does not
preclude a person, firm or corporation from properly disposing of its own gar-
bage, waste, trash, tin cans and refuse at some location outside the city lim-
its; provided further that it shall not be a defense in a lawsuit brought by
the city to collect the garbage disposal tax provided for in 5. 12.02 of this
code that the defendant has disposed of his own garbage, waste, trash, tin cans
and refuse. Provided further, that this ordinance does not preclude a person,
firm or other business entity from recycling waste products or from selling or
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giving waste products to an approved recycler. Any recycling done by an indi-
vidual firm or business entity must be done in conformity with the laws of the
City of Batesville, the laws of the State of Arkansas and the rules of the En-
vironmental Protection Agency and the Arkansas Department of Pollution Control
and Ecology. An approved recycler is a business , individual , or other entity
that recycles waste and is approved or permitted to carry on such business act-
ivity by the Arkansas Department of Pollution Control and Ecology. (This sub-
section amends and replaces subsection 5. 12.01 of the Batesville Municipal Code
and amends Section 1 of Ordinance 922 of the City of Batesville. )
5. 12.03 NUMBER OF COLLECTIONS A WEEK OF GARBAGE, WASTE, ETC. . Said gar-
bage, waste, trash, tin cans and refuse shall be collected from residences at
least weekly. Same shall be collected from businesses and/or commercial houses
as needed; provided, however, it is provided that this ordinance does not in
any way obligate the city to clean or pick up refuse or debris resulting from
construction or repair of building nor wood or limbs resulting from removal or
trimming of trees on private property. (This subsection amends and replaces
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subsection 5. 12.03 of the Batesville Municipal Code and amends Ordinance 922
Section 3 of the Ordinances of the City of Batesville. )
5. 12.04 REQUIREMENTS FOR RESIDENTIAL WASTE STORAGE. The occupants of
• every dwelling unit, and every business building (if said business building
has or accumulates garbage) , shall provide metallic, plywood or plastic con-
tainers with tight fitting covers for the holding of garbage and waste if the
waste is stored out of doors. All garbage must be drained of liquid substance
before it is placed in garbage container. Receptacles for the keeping of
waste, trash, tin cans and refuse may be constructed of wood with sufficient
coverage on same to prevent blowing or scattering of waste materials. Contain-
ers may not be placed in the front vard except at the times provided herein
below. A front yard is that area of a lot as defined in this code in the
Batesville Zoning Code. All occupants shall place garbage and waste adjacent
to the street (at curb side) on the day of the week designated by the City
Sanitation Department for collection of waste for that particular structure.
. Provided however, that for the convenience of the occupants the garbage or
waste may be placed at curb side after 12:00 (noon) on the day prior to col-
lection for that structure. For all garbage and waste to be collected, it
shall be in disposable containers when placed at curb side for collection.
Said containers should be secure enough that the garbage and waste contained
therein remains contained during the collection process. (This subsection
amends and replaces subsection 5. 12.04 of the Batesville Municipal Code and
amends and replaces Section 5 of Ordinance 614 of the Ordinances of the City
of Batesville. )
5. 12. 10 PURCHASE OF EQUIPMENT WITH SURPLUS FUNDS. Section 5. 12. 10 is
hereby deleted and that Section number reserved for future code sections with-
in this heading of the Batesville Municipal Code.
REPEALER. This Ordinance repeals all ordinances and parts of ordinances
Qin conflict therewith.
CONSTRUCTION. If any portion of this ordinance shall be held or deemed
invalid then such invalidity shall not affect the remaining portions of this
ordinance and said remaining portions shall remain in full force and effect
the offending or invalid portions not withstanding.
This Ordinance adopted this f 7-1-1 day of 0 e:Tz- ma c. /L , 1990.
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(legil
Shirrell , Mayor
ATTEST:
Larry Williatns, City Clerk