Ordinance No. 78-64 CITY OF TIGARD, OREGON
ORDINANCE NO.78-(
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AN ORDINANCE RELATING TO Tiiir, ENVIRONMENTAL; HEALTH AND SANITATION ASPECTS
OF SOLID WASTE MANAGEMENT IN THE CITY OF TIGARD, OREGON, INCLUDING BUT
NOT LIMITED TO, GRANTING EXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE
SERVICE WITHIN TUE CITY; CREATING NEW PROVISIONS; REPEALING ALL OTHER
ORDINANCES AND RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE, DECLARING AN
EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Short Title. This ordinance shall be known as the "City
of Tigard Solid Waste Management Ordinance" and may be so cited and
pleaded and shall be cited herein as the "ordinance" .
SECTION 2. Purpose, Policy and Scope.
(1) It is declared to be in the public interest for the City of
Tigard to establish this policy relative to the matters of solid waste
management to:
(a) Provide sufficient waste volume to sustain solid waste
management facilities necessary to achieve resource re-
covery goals established by the city, county, State
Department of Environmental Quality and Metropolitan
Service District;
(b) Provide the basis for agreements with other governmental
units and persons for regional flow control to such fa-
cilities;
(c) Insure safe accumulation, storage, collection, transporta-
tion, disposal or resource recovery of solid waste;
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(d) Insure maintenance of a financially stable, reliable solid
waste collection and disposal service;
(e) Insure rates that are just, fair, reasonable and adequate
to provide necessary service to the public;
(f) Prohibit rate preference and other discriminatory practices
which benefit one user at expense of other users of the
service or the general public;
(g) Conserve energy and material resources;
(h) Eliminate overlapping service to reduce truck traffic,
street wear, aia• pollution and noise;
(i) Provide standards for solid waste service and public re-
sponsibilities; and
(j) Provide technologically and economically feasible re-
cycling by and through solid waste collectors.
(2) No Person shall;
(a) Provide service, offer to provide service or advertise
for the performance of service without having obtained a €€€
franchise from the City of Tigard.
(b) Accumulate, store, collect, transport, dispose of or
resource recover solid waste except in compliance with
this Ordinance, other City Ordinances, and Chapter 459,
Oregon Revised Statues, dealing with solid waste manage-
ment and regulations and amendments promulgated under any
of the foregoing.
SECTION 3. Definitions.
(1) Compensation. Includes:
(a) Any type of consideration paid for se:._- ,�e including,
without limitation, rent, lease payments, and any other
direct or indirect provision for payment of money, goods,
services or benefits by owners, tenants, lessees, oc-
cupants or similar persons;
(b) The exchange of services between persons; and
(c) The flow of consideration from the person owning or
possessing the solid waste to the person providing the
service or from the person providing the service to the
person owning or possessing the solid waste.
(2) Council. The City Council of the City of Tigard.
(3) Franchise. The right to provide service granted to a person
pursuant to this ordinance.
(4) Person. Any individual, partnership, association, corpora-
tion, trust, firm, estate, joint venture or other public or
private legal entity.
(5) Putrescible Material. Organic materials that can decompose
and may give rise to foul-smelling, offensive odors or
products.
(6) Resource Recovery. The process of obtaining useful material
or energy resources from solid waste and including energy re-
covery, materials recovery, recycling and reuse of or from
solid waste.
(7) Recycling. Any process by which solid waste materials are
transformed into new products in such a manner that the
original products lose their identity.
(E) Reuse. The return of a commodity into the economic stream
for use in the same kind' of application as before without a :
change in its identity.
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Ordinance No.
(9) Service. The collection and transportation of solid waste
by persons for compensation.
(10) Solid Waste. All putrescible and non-putrescible wastes,
including by not limited to garbage, rubbish, refuse, ashes,
wastepaper and cardboard: residential, commercial, industrial,
demolition and construction wastes; discarded home and
industrial appliances; vegetable or animal solid and semi-solid
wastes; dead animals, and other wastes.
(a) For the purposes of this subsection, "waste" means any
material that is no longer wanted by or is no longer use-
able by the generator, producer or source of the material ,
which material is to be disposed of or be resource re-
covered by another person. The fact that materials, which
would otherwise come within the definition of "waste" ,
may from time to time have value and thus be resource re-
covered does not remove them from this definition.
Source separated wastes are "wastes" within this sub-
section.
(b) The term "solid waste" does not include any "hazardous
waste" as defined by or pursuant to ORS Chapter 459.
SECTION 4. Franchises.
(1) Subject to the provisions of this section, this ordinance , the
City Charter and any amendments to these documents, there is hereby
granted to the following persons an exclusive franchise to provide
service within the exclusive area shown within a map of existing
franchised areas on the effective date of this ordinance, which map
is hereby attached hereto, marked "Exhibit All, and by this .reference
is hereby incorporated_herein.
(2) The franchisees are:
Area I
(a) Frank's Disposal Service, Inc. , Herb Frank, President ,
15890 SW Colony Drive, Tigard, Oregon 97223
Area II
(b) Miller Sanitary Service, Inc. , Carl Miller, President,
7764 SW Capitol Highway, Portland, Ore. 97219
Area IIi
(c) Schmidt 's Sanitary Service, Inc. , John Schmidt, President,
8325 SW Ross, Tigard, Ore. 97223
(3) Where any area is annexed to the City of Tigard and the area had
been, franchised by Washington County for solid waste collection
service prior to annexation, the county franchise shall be
recognized as to the area, but service, term and other requirements
shall be those of this ordinance. If the area was franchised
to any of those listed in (2) of this section, the area shall be
added by the City Manager by amendment to "Exhibit A For
persons other than those listed in (2) of this section, an ac-
ceptance of franchise must be signed and recorded as provided
in Section 7 of this ordinance.
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Ordinance No. 78-
(4) Nothing in this franchise or this section shall:
(a) Prohibit any person from transporting, disposing re-
source recovering waste produced by himself so long
as he complies with this Ordinance, other City Ordinances,
and Chapter 459 Oregon Revised Statutes, dealing with
solid waste management and regulations promulgated under
any of the foregoing. For purposes of this subsection, ;
solid waste produced by a tenant, licensee, occupant or
similar person is produced by such person and not by the
landlord, property owner or agent of either the landlord
or property owner.
(b) Prohibit any person from transporting, disposing of or
resource recovering, sewage sludge, septic tank pumpings
and cesspool pumpings.
(c) Prohibit any person licensed as a motor vehicle wrecker
under ORS 481.345 et seq from collecting, transporting,
disposing of or utilizing motor vehicles or motor ve-
hicle parts.
(d) Prohibit the City Council from withdrawing certain solid
waste services by amendment to this Ordinance on the
basis of a finding that such regulation is not neces-
sary for the implementation of the purposes of this
Ordinance or a city, County or Metropolitan Service
District Solid Waste Management Plan.
(e) Prohibit any person transporting solid waste through the
City that is not collected within the City.
(f) Prohibit a contractor employed to demolish, construct,
or remodel a building or structure, including but not
limited to land clearing operations and construction
wastes, from hauling waste created in connection with
.,such employment in equipment owned by the contractor and
operated by contractors employees.
(g) Prohibit the collection, transportation and reuse of re-
pairable or cleanable discards by private charitable
organizations regularly engaged in such business or
activity including, without limitation, Salvation Army,
Goodwill, St. Vincent De Paul and similar organizations.
(h) Prohibit the operation of 'a fixed location where the
generator, producer, source or franchised collector of solid
waste brings that waste to a fixed location for transfer,
disposal or resource recovery; provided, however, that the
establishment or maintenance of any such location brought
into being after April 1, 1978, shall be only by permit
issued by the City Administrator.
(i) Prohibit the collection, transportation or redemption of
beverage containers under ORS Chapter 459.
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Ordinance No. 78-
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(j) Prohibit a person from transporting or disposing of
waste that he produces as an incidental part of the
regular carrying on of the business of janitorial service;
gardening or landscaping service; or rendering. (e
llect . dispose
(k) Require franchisee Lo atom, :,:;��,,.,,., transport,�.. �
of or resource recover any hazardous waste as defined by
or pursuant to ORS Chapter 459; provided, however, that
franchisee may engage in a separate business of handling
such wastes separate and apart from this franchise and
ordinance.
(1) Prohibit a nonprofit charitable, benevolent or civic
organization from recycling wastes provided that such col-
lection is not a regular or periodic business of such or-
ganization and that, for all such collection after April 1,
1978, a sub-contract shall be obtained from the franchisee
in the area or areas to be served or that a permit is ob-
tained from the City Administrator.
(5) Where a permit is required from the City Administrator it shall
be issued only upon a finding that the service is needed, has
not been provided by the Franchisee or, in the case of fixed
base facilities, by other persons. The City Administrator shall
give due consideration to the purposes of this ordinance. He
may attach such conditions as he determines are necessary to
obtain compliance with this ordinance and may restrict the term
of such per=mit. The permittee will comply with all applicable
provisions of this ordinance.
(6) Solid waste placed out for collection, whether or not source
separated, belongs to the franchisee when so placed or,
where placed out for collection by a permittee, belongs to
the permittee.
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(7) Not withstanding other provisions of this section, of the
Council finds that on-route recycling is technologically and
economically feasible and directs that it be instituted:
(a) Franchisees shall be given advance notice of a hearing
on the subject and an opportunity to be heard.
(b) If, after the hearing and on the basis of written find-
ings, the Council directs the service be provided, the
franchisees shall be given a reasonable opportunity to
provide.' the service or subcontract with other persons to
Provide it.
('c) If franchisees do not provide the service within the
specified reasonable time, Council may issue a franchise
or franchises .for that service and limited to on-route
recycling. A franchisee under subsection shall comply
with all applicable requirements of this ordinance.
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Ordinance No. 78-
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(d) Nothing in this subsection shall prevent the franchisees
from instituting (,n-route recycling prior to a Council
determination nor f-om including income and expense in
the rate justification section.
SECTION 5, Franchise Term
(1 ) The rights, privileges and initial franchise granted herein
shall continue and be in full force to and including the 31st
day of December, 1988 subject to terms, conditions and payment
of franchise fees to the City as set forth in this Ordinance.
(2) Unless the Council acts to terminate further renewals of the
franchises herein granted, each January 1st, the franchises
are automatically renewed for a term of ten years from
January lst rental.
SECTION 6. Franchise Fees
(1) Effective July 1, 1978 as compensation for the franchise grant-
ed to each Franchisee and for the use of City streets, the
Franchisee shall pay to the City a fee equal to 3 percent of
gross cash receipts resulting from the solid waste services
conducted under the franchise. Such fees shall be computed on
a quarterly basis and paid within 30 days following the end
of each quarter calendar year period. Each Franchisee shall
maintain an adequate bookkeeping system showing the gross cash
receipts resulting from the solid waste services conducted under
the franchise. Records shall be open at all times for audit by
audit by authorized personnel designated by the City Administrator.
(2) Willful misrepresentation of gross cash receipts by a Franchisee
shall constitute cause for immediate revocation of this
franchise, pursuant to Section 9 of this Ordinance.
(3) The franchise fee shall be in lieu of any business license or
regulatory fee or tax, but shall not be in lieu of any ad
valorum tax, imposed by the City of Tigard.
SECTION 7. Franchise Responsibility
(1) The Franchisees shall:
(a) Resource recover or dispose of wastes collected at sites
Approved by the City that are in compliance with Chapter
459, Oregon Revised Statutes and regulations promulgated
thereunder.
(b) Provide and keep in force public liability insurance
with a 30 day cancellation clause in the amount of not
less than $100,000 for injury to a single person, $300,000
to a group of persons and $50,000 property damage, all
relating to a single occurrence, whi^•h shall be evidenced
by a certificate of insurance filed with the City Recorder.
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Ordinance No. 78-
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The insurance shall indemnify and save the City harmless
against liability or damage which may arise or occur from
an injury to persons or property resulting from the
Franchisee's operation under this Ordinance.
(c) Within 30 days after the effective date of this Ordinance,
file with the f ity _Recorder a written accepacceptance of the
franchise,
(d) Furnish sufficient collection vehicles, containers, fa-
cilities, personnel , finances, and scheduled days for
collections in each area. of the City necessary to provide
all types of service required under this Ordinance or
subcontract with others to provide such service pursuant
to this Ordinance.
(e) Provide a cash security deposit or a performance bond
in the amount of $5000 to guarantee payment to the
City or other affected person of a judgment secured
against the Franchise holder because of work performed
that does not conform with the requirements of this
Ordinance or other Ordinances of the City. The de-
posit or bond shall continue until one year after ex-
piration of the franchise or until all claims or demands
made against the Franchisee have been settled or secured.
(f) Collect no single family residential solid waste before
5:00 A.M. or after 7:00 P.M. unless this condition is
waived by the City Administrator or his designee.
(g) Provide collection and disposal of solid waste from
all City facilities, City parks, City sidewalk con-
tainers, and City activity area at no cost to the City
on a regular schedule.
(h) Make collections no less often than once each week, except
for will-call collections and drop box operations, and ex-
cept as provided in Section 11.
(i) Permit inspection by the City of the Franchisee's fa-
cilities, equipment and personnel at reasonable times.
(j) Respond to all calls for special hauling requiring
equipment regularly supplied by Franchiser within 96
hours of receivingsaid call unless a. later E
pickup is
agreeable to the customer. Special hauling of containers
or drop boxes supplied by Franchisee is dependent upon f
availability of those containers or boxes.
(2) A franchisee may require a contract from a customer who requires
an unusual service involving added or specialized equipment
solely to provide that service. The purpose of this subsection
is to 'prevent the added cost from being assessed against other
ratepayers if the customer later withdraws from service.
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Ordinance No. 78
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SECTION 8. Rates 4
(1) The rates to be charged to all persons by the Franchisee shall
be reasonable, uniform and based upon the level of service
rendered haul distance, concentration of dwelling units, and
other factors which the City Council considers to justify var-
iations in i•atas that out weigh the benefits of having a single
rate structure unless otherwise noted in this Ordinance.
(2) Nothing in this Section is intended to prevent:
(a) The reasonable establishment of uniform classes of
rates based upon length of haul; type of waste stored,
collected, transported, disposed of , salvaged, or
utilized; or the number, type and location of customers
service; or upon other factors as long as such rates
are reasonably based upon cost of the particular service
and are approved by the City Council in the same manner
as other rates.
(b) The franchisee from volunteering service at reduced cost
for the civic, community, benevolent or charitable
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program.
(3) Rates to be charged by the Franchisees under this Ordinance shall
be set by the City Council by resolution as deemed necessary
by the Council. The Franchisee shall provide sixty (60) days
written notice with accompanying justification for proposed
rate changes. The Council shall give due consideration to the
purposes of this ordinance and the direct and indirect cost to
franchisee of doing business including, without limitation,
investment in and cost of disposal or resource recovery, soundness
of management, resource recovery revenues, services of management,
cost of technological changes, costs of meeting government reg-
ulations, projected revenues and expense of providing service,
cost of meeting growth in service or capital budget. rate for
similar services in similar areas, a reasonable return to
franchisee on the business, length of haul to disposal facilities,
cost of use of transfer or transfer facilities,future service
demands, extra charges for off-day pickups, janitorial services
picking up wastes L.round cans or other containers or boxes,
Saturday or holiday surcharge where such service is provided,
minimum use of drop box service as a condition for providing the
service, and a surcharge for blocked access or container, can
or drop box not ready to dump based on time and expense.
(4) The franchisee shall be provided with 30 day prior written
notice with accompanying justification for a City initiated
reduction in rate schedule.
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Ordinance No. 78-
(5) Unless a governmental unit or legislative body has raised or
lowered the cost of providing service or there is a substantial
increase in the cost of doing business that was not provided for
in the previous rate adjustment, rate adjustments shall be made
annually on the following schedule.
(a) On or before Sept. 1st , the franchisee shall supply a
report of current income and expense together with pro-
jected income and expense for the ,year beginning January
1 and ending the following December 31 together with
existing and proposed rates. Income and expense reported
may include any or all of those listed in (3) of this
Section and other applicable to the franchised business.
Fiscal year franchisee shall estimate revenue and expense
from date of actual expense and income records to
June 30.
(b) The City Administrator shall report to the Council by
October 1 on the franchisee reports and propose rate
adjustments, if any. He may make such recommendations as
appropriate to the rate determination. A copy shall be
delivered to each franchisee.
(c) The Council may set a hearing on any proposed rate
adjustment.
(d) Unless there is good cause shown and recorded in the
minutes of the Council, the Council shall act upon any
rate adjustment by November 30 and the adjustment shall
take effect January 1. Hate adjustments shall be by
resolution and order of the Council.
(e) The reports are required from each franchisee regardless
of whether or not a rate adjustment is requrested.
(6) Emergency rates or an interim rate for a new or altered service
may be set by the City Administrator provided, however, that
an emergency or interim rate is not valid for more than six
months from tiie effective date. The City Administrator shall
report any emergency or interim rate adopted together with
justification to the Council for action by resolution and
order, if the rate is to continue for more than six months.
(7) Rates established by the Council are fixed rates and the
franchisee .~,.hail not charge more or Less than the fixed rate
unless pursuant to (2) (b) of this section.
(8) Nonscheduled services shall be charged at the reasonable cost
of providing the service taking into consideration the fac-
tors in (3) of this Section and as determined by franchisee.
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Ordinance No. 78-LV
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(9) In establishing rates, the Council may set uniform rates,
uniform rates by zone and different rates for collectors
where there is a service and cost justification,
(10) Until changed by the Council, rates to be charged are those in
effect on the effective date of this ordinance. A schedule of
those rates is attached hereto, marked "Exhibit B", and by
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this reference is hereby incorporated 1ier-ein.
(11) If approved in a rate schedule, a "Start Charge" for new
service and a "Restart Charge" for reinstituted service may
be added.
(12) Franchisees may request and the Council shall schedule a public
hearing on the application for adjustment or action of the
Council where no public hearing has been held prior to rate
determination.
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(13) Franchisee may require payment for residential and multi-
family residential service up to three months in advance
and may bill up to three months in advance, arrears or any
combination. Where billed in advance, franchisee will refund
a prorate portion of the payment for any complete months in
which service is not to be provided. Where billed in advance,
no rate adjustment shall be effective until the end of the
advance payment.
(14) Any person who receives solid waste service from the Franchisees
shall be responsible for payment for such service. The owner
of a rental or lease facility shall be liable for payment for t
services provided to a tenant of such dwelling if the tenant
fails to make timely payment for such services. The owner
of any multiple unit rental or lease facility having two or
more units shall be primarily responsible for services pro
vided to the occupants of such facility and shall be billed for
the services.
(15) Franchisee may charge at time of service for drop box service
or for any customer who has not established credit with
franchisee.
SECTION 9. Transfer Suspension, Modification or Revocatior, of Franchise.
(1) The Franchisees shall not transfer this franchise or any portion
thereof to other persons without 60 days prior written notice
of intent and the subseauont written approval of City Council
,
which consent shall not be unreasonably withheld. The City `
Council shall approve the transfer if the transferee meets all
applicable requirements met by the original Franchisees. A
pledge of this franchise as financial security shall be con-
sidered as a transfer for the purposes of this subsection. The
City Council may attach whatever conditions it deems appropriate �.
to guarantee maintenance of service and compliance with this
Ordinance.
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Ordinance No. 78-
(2) Failure to comply with a written notice to provide the services
required by this Ordinance or to otherwise comply with the
provisions of this Ordinance after written notice and a
j reasonable opportunity to comply shall be grounds for modifica-
tion, revocation or suspension of franchise. I
(a) After written notice from the City Council that such
! grounds exist, Franchisee shall have 30 days from the date
i of mailing of the notice in Which to comply or to request
a public hearing before the City Council.
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(b) If Franchisee fails to comply within the specific time
or fails to comply with the order of the City Council c
entered upon the basis of written findings at the public
hearing, the City Council may suspend, modify or revoke
franchise or make such action contingent upon continued
noncompliance.
(c) At a public hearing, Franchisee and other interested
persons shall have an opportunity to present oral, written
or documentary evidence to the City Council. The finding }
of the City Council thereon shall be conclusive; provided,
however that such action may be reviewed by a court on a
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writ of review.
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(d) In the event that the City Council finds an immediate and
serious danger to the public through creation of a health
or safety hazard, it may take action to alleviate such
condition withina time specified in the notice to the
Franchisee and without a public hearing prior to taking
such action.
SECTION 10. Preventing Interruption of Service. The Franchisee agrees
as a condition of a franchise that whenever the City Council finds
that the failure of service or threatened failures of service would result
in creation of an immediate and serious health hazard or serious public
nuisance, the City Council may, after a minimum of 24 hours actual notice
to the Franchisee and a public hearing if the Franchisee requests it,
provide or authorize another person to temporarily provide the service
or to use and operate the land, Facilities and equipment of a Franchisee
to provide emergency service. The City Council shall return any seized
property and business upon abatement of the actual or threatened in-
terruption of service, and after payment to the City for any net cost
incurred in the operation of the solid waste service.
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SECTION 11. Termination of Service. The Franchisee shall not terminate
service to all or a portion of his customers unless: t'
(1) The street or road access is blocked and there is no alternate
route and provided that the Franchisee shall restore service
not later than 24 hours after street or road access is opened;
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Ordinance No. 78- Y
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(2) As determined by the Franchisee, excessive weather conditions
render providing service unduly Lazardous to persons providing
service or to the public or such termination is caused by ac-
cidents or casualties caused by an act of God, a public enemy,
or a vandal; or, road access is blocked.
(3) A Customer has not paid for provided service after a regular
billing and after a, seven day written notice from the date
of mailing, which notice shall not be sent less than fifteen
days after the first regular billing; or
(4) Ninety days written notice is given to the City Council and
to affected customers and written approval is obtained from
the City Council.
(5) The customer does not comply with the service standards of
Section (15) of the ordinance.
SECTION 12. Subcontracts. The Franchisees may subcontract with others
to provide a portion of the service where the Franchisees do not have
the necessary equipment or service capability. Such a subcontract shall
not relieve the Franchisees of total responsibility for providing and
maintaining service and from compliance with this Ordinance.
SECTION 13. Enforcement Officers. The City Administrator shall enforce
the provisions of this Ordinance, and his agents, including police
officers and other employees so designated, may enter affected premises
at reasonable times for the purpose of determining compliance with the
provisions and terms of this Ordinance.
SECTION 14. Rules and Regulations. The City Administrator or his designee
may propose and prepare rules and regulations pertaining to this Ordinance.
The rules and regulations shall be printed or typewritten and be main-
tained for inspection in the office of the City Recorder. All proposed
rules and regulations promulgated under the authority of this section and
all amendments thereto shall be immediately forwarded to the Franchisee
operating under this Ordinance for his response. The Franchisee shall
have 30 days to respond in writing to such proposed .rules and regulations.
The rules and regulations and any amendments thereto shall be approved
by the City Council following said 30 day period.
SECTION 15. Containers/Collection Limitations In addition to compliance
with ORS Chapter 459 and regulations promulgated pursuant thereto and
Section 15 of this Ordinance:
(1) To achieve theur oses of this ordinance to P p provent recurring
back and other injuries to collectors and other persons, to
comply with safety instructions to collectors from the State
Accident Insurance Fund; and to comply with safety, health and
environmental safeguard;
(a) Solid waste cans shall have a round bottom, sides taper- S..
ing outward to the opening at the top that provides for
unobstructed dumping of the contents, a bail or two
handles on opposite sides, a closefitting lid with handle,
not exceed 32 gallons capacity and be watertight in con-
struction. Cans shall be made of metal or some rigid
Page 12 Ordinance No. 78fU
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material that will not crack or break in freezing weather
and be waterproof, rodent resistent, and easily clean-
able. No solid waste can or shall exceed 60 pounds
gross loaded weight and putrescible material (garbage)
jllW1,� ..J
hal b.- placed in pia.stic bags or securely wrapped in
paper after being drained of liquids.
(b) Sunken refuse cans or containers shall not be used,
unless they are placed above ground by the owner for
service.
(c) On the scheduled collection day, the user shall provide
safe access to the pickup point which does not jeopardize
the safety of the driver of a collection vehicle or the
motoring public or create a hazard or risk to the person
providing service. Cans must be in a visible (from the
street or alley) location which may be serviced and
driven to by satellite vehicles where practical. Access
must not require the collector to pass behind an auto-
mobile or other vehicle or to pass under low hanging
obstructions such as eaves, tree branches, clotheslines or
electrical wires which obstruct safe passage to and from
cans. Cans must be at ground level, outside of garages,
fences, and other enclosures, and within 100 feet of the
street right-of-way or curb. Where the City Manager finds
that a private bridge, culvert or other structure or road
is incapable of safely carrying the weight of the col-
lection vehicle, the collector shall not enter onto such
structure or road. The user shall provide a safe alternative
access point or system.
(d) All solid waste cans located at single family residences
shall be placed togehter in one authorized location on the
regularly_ scheduled collection day.
(e) All solid waste receptacles, including but not limited t"
to cans, containers, drop boxes, shall be maintained in
a safe and sanitary condition by the customer or user.
(f) Solid waste service customers shall place items not in-
tended for pickup at least three (3) feet from solid
waste can(s) or container(s) .
(g) No person shall block the access to a solid waste con-
tainer or drop box.
(h) No person shall deposit material in or remove material
from any drop box or container supplied by a franchisee
without permission of franchisee.
(i) No persons shall take or remove any solid waste placed
out for collection by a franchisee or permittee under
this ordinance.
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Ordinance No. 78-
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(j) No person shall place any hazardous waste as defined by
or pursuant to ORS Chapter 459 out for collection by
another person, franchisee or permittee or place it in
any container supplied by such a person, franchisee or
permittee without prior written notification and ac-
ceptance by the person, franchisee or permittee and also
upon compliance with any requir eI EJ-1-I ;s of ORS Chapter 459
and any rules or regulations thereunder.
(k) All putrescible solid wastes shall be removed from any
premises at least once every seven days, regardless of
whether or not confined in any container, compactor or
drop box or can.
(1) No person shall use any solid waste collection container
of one cubic yard or more in capacity unless it is sup-
plied by the franchisee or is approved by him on the basis
of safety, equipment compatibility, availability or
equipment and the purposes of this ordinance.
(m) Containers (and drop boxes) shall be cleaned by the
customer or user; provided, however, that the franchisee
shall paint the exterior and provide normal maintenance.
The customer or user shall be liable for damage beyond
reasonable wear and tear.
(n) Container customers shall supply a location and properly
maintain containers so as to meet standards of the Consumer
Products Safety Commission.
(o) All loads of solid wastes that may scatter, blow, leak
or otherwide escape, and whether on collection vehicles
or others, shall be covered during transit to disposal or
resource recovery.
(p) No person shall install a stationary compactor for col-
lection unless the franchisee has been notified and has
the necessary equipment to handle the solid wastes.
(q) A container for hazardous or other special wastes shall
be appropriately labeled and placed in a location inae-
cessible to the public. If the container is reusable, it
shall be suitable for cleaning and be cleaned. (See also
requirements of ORS Chapter 459 and rules and regulations
thereunder).
(2) No stationary compactor or other container for commercial or
industrial use shall exceed the safe loading design limit or
operation of the collection vehicles provided by the Franchisee
serving the service area. Upon petition of a group of customers
reasonably requiring special service, the City Council may re-
quire the Franchisee to provide provision for vehicles capable
of handling specialized loads including, but not limited to, front
loading collection trucks and drop-box trucks and systems.
Page 14 :
Ordinance No. 78
(3) To prevent injuries to users and collectors, stationary
compacting devices for handling solid wastes shall comply
with applicable federal and state safety regulations.
(4) Any vehicle used by any person to transport wastes shall be
loaded and operated as to prevent the wastes from drip-
ping, dropping, sifting, blowing, or otherwise escaping
from the vehicle onto any public right-of-way or lands
adjacent thereto.
SECTION 16. Offensive Waste Prohibited. No person shall have waste
on property that is offensive or hazardous to the health or safety
of others or which creates offensive odors or a condition of un-
sightliness.
SECTION 17. Unauthorized Deposit Prohibited. No person shall, without
authorization and compliance with the disposal site requirements of this
Ordinance deposit waste on public property or the private property of
another. Streets and other public places are not authorized as places
to deposit waste except as specific provisions for containers have
been made.
SECTION 18. Construction. Any finding by a court of competent jurisdiction
that any portion of this Ordinance is unconstitutional or invalid shall
not invalidate any other provison of this Ordinance.
SECTION 19. Penalties. Violation by any person of the provisions of
Section 2 (2) or Section 15 (1) (g) through (k) and (m) through (0)
this Ordinance shall be deemed to be a misdeameanor and shall be
punishable upon conviction by a fine of not more than Five Hundred
Dollars ($500)
SECTION 20. Emergency Clause. To provide for safe and sanitary solid
waste management in the City and thereby preserve the health, safety
and welfare of the residents thereof, an emergency is declared to exist
and the terms and provisions of this Ordinance, except as expressly
provided otherwise in Section 6 and in Section 16, shall become effective
upon enactment of this Ordinance.
PASSED: By Uhr,, ,Mau c vote of all Council members present, after
being read two times by number and title only, thisTh
day of 1978.
h-� -A
4eckorZ'difetr�--pro-�tem City of Tigard
APPROVED: By the Mayor this P?h day of (n c- 1978.
Mayor - City of Tigard/ '-
Page 15
Ordinance No. 78-
■
SCHEDULE OF Rkl:ES aly 1, 1977
RESIDENTIAL RATES
EACH ADDITIONAL
1 CAN 2 CANS CRS"I
One Stop Per [geek $4.00 $7.50 $3,00
rISD Charles .15 .30 .15
4.15 $7.80 $3.15
H
C01%aiERCTA1,
(Individual Rate Per Can)
EACH ADDITIONAL
1 CAN 2 CANS CAN
One Stop Per Week $4.30 $7.95 $3.05
MSD Charges .15 .30 .15
4.45 $8.25 $3,20
Two Stops Per Week $8.60 $15.90 $6.10
.30 .60 .30
$8.90 $16.50 $6.40
Three Stops Per Week $12.90 $23,85 $9.15
.45 .90 .45
$13.35 $24.75 $9.60
Four Stops Per 'Week $17.20 $31.80 $12.20
.60 1.20 .60
$17.80 $33.00 $12.80
Five.Stops Per Week $21.50 $39.75 $15.25
_ .75 1.50 .75
$22.25 41.25 $16.00
Six Stops Per Week $25.80 $47.70 $18.30
1.20 1.80 .90
27.00 $49.50 $19.20
The following extra charges per month are applicable 'to residential and
commercial rates:
One extra Can - occasional 1.25 each + .15 = $1.40
Bundles 1.25 each + i5 $1.40
Boxed refuse or an equivalent amount `
of loose refuse 1.50 Bach + .15 - $1.65 {
One flight of stairs 25% additional
i
Two flights of stairs 50! additional
Return for ptcku p of inaccessible can 2.50 each can
i
Will Call 2.25 each
2nd Can 1.50
COaIdERCI'AL CONTAINER '; %TES - TIGARD July 1, 1977
Number of Stops Per Week & Charges Per Month
CONTAINER SERVICE - L003E MSD Charges add $1.05 per yard _
-One Two Three Four Five Six
ONE & 1/4 YARD 26.85 49.45 70.80 91.50 109.05 124.35
MSD Charges 1.25 2.50_ _3.75 5.00 6.25 7.50
28.10 51.95 74.55 96.50 115.30 131.85
Each Additional 23.55 43.40 62.25 80.40 95.80 109.15
1.25 2.50 3.75 5.00 6.25 7.50
24.80 45.90 66.00 85.40 102.05 116.65
ONE & 1/2 YARD 30.30 •58.95 84.20 106.55 128.55 148.45
1.60 3.20 4.80 6.40 8.00 9.60
31.90 62.15 89.00 112.95 136.55 158.05
Each Additional 27.45 51.00 74.70 93.85 112.55 129.45
1.60 3.20 4.80 6.40 8.00 9.60
29.05 54.20 79.50 100.25 120.55 139.05
TWO YARD 39.90 76.15 108.50 137.05 164.90 199.15
2.10 4.20 6.30 8.40 10.50 12.60
42.00 80.35 114.50 145.45 175.40 211.75
Each Additional 35.65 65.55 91.05 113.75 135.85 156.90
2.10 4.20 6.30 8.40 10.50 12.60
"2.1 , ' 6.35 5 .50
37.75 09.%5 97.35 a a .� a�: 1 9
THREE YARD 50.45 95.20 134.15 167.55 . 204.70 228.1.5
3.15 6.30 9.45 12.60 15.75 18.90
53.60 101.50 143:60 180.15 220.45 247.05
Each Additional 45.70 87.25 124.65 161.20 196.75 218.65
3.15 6.30_ 9.45 12.60 15.75 18.90
48.85 93.55 134.10 173.80 212.50 237.55
TOUR YARD 60.95 116.85 167.65 213.20 254.70 296.85
4.20 6.40 !2,60 16.80 21.00 25.20
65.15 125.25 180.25 230.00 275.70 322.05
EECti Additional ono ne 2400.nn ni. e
i 56.70 iiv.5v 151.30 wv.» 0 20w.u
4.20 8.40 12.60 16.80 21.00 25.20
60.90 118.90 173.90 225.75 269.90 309.35
FIVE YAPUD 69.95 136.40 199.50 258.65 309.00 362.35
5.25 10.50 15.75 21.00 26.25 32.00
75.20 146.90 215.25 279.65 335.25 394.35
Each Additional 67.20 128.45 187.60 243.90 295.75 346.50
5.25 10.50 15.75 21.00 26.25 32.00
72.45 138.95 203.35 264.90 322.00 378.50
T'
SIX YARD 76.15 145,40 217.45 281.10 342.85 400.20
1
liSO Charges 6.30 12.60_ 18.90 25.20 31.50 37.80
82.45 161.00 236.35 306.30 374.35 438,00
Each Additional 73.00 142,05 207.90 268.40 325.75 381.15
6.30 12.60 18.90 25.20 31.5Q 37.80
79.30 154.65 226.,0 293.60 357.25 418,95
t
EIMIT YARD 91.40 177.60 258.30 334.90 405.45 472.65
7.35 14.70 22,05 29.40 36.75 44.10
98.75 192.30 280.35 354.30 442.20 316.75
{
Exch Additional 87.10 169.10 245.75 318.00 384.30 447..30
7.35 14.70 22.05 29.40 36.75 44.10
94,45 183.80 267.80 347.40 421.05 491.40 r
CONTAINER SERVICE - COMPACTED
t
ONE YARD 39.05 71,90 103.10 133.25 158.60 180.85
4.20 8.40 12.60 16.80 21.00 25.20
43,25 80,30 115.70 150.05 179.60 206.05
TWO YARD 66.65 126.90 180.85 228.40 274.90 331,85 t
8.40 16.80 25.20 33.60 42.00 50.40
75.05 143,70 206.05 262,00 316.90 382.25 f
TRUEE YARD 84.10 158.60 223.65 279.15 341.00 380.65
12.60 2520 37.80 50.40 63.00 75.60
96.70 183.80 261.45 329.55 404.00 456.25
i
E'
CHARGES FOR DROP DOX SERVICE f`
Size Residential Commercial Price for Compacted it
TWENTY YARD 51.25 45.15 73.20-3.65/yd Demurragep
MSD C.axgas 5.00 5.00 7.00 1
56.25 50.15 80.20 -48 hours-$3.001dayl
THIRTY YARD 67.10 61.00 100.65-3.35/yd
7.50 7.50 10.50
74,60 68,50 111.15 -48 hours-$4,00/day
Demurra.
Special; 1 1/2 yd container service one time 12.00 - 48 hours - 1.50/&
second time 10.00 - 48 hours - $.50/dt
Mileage Rates {
$,50 per mile over 24 miles round trip to landfill (authorized) .
4
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