[1]
For statutory authority for cities and towns to provide for the collection and disposal of garbage, see RCW 35.21.120; for the statutory provisions enabling towns to require all inhabitants to use the town garbage disposal system and to set a fee for its use, see RCW 35.21.130.
For the purposes of this chapter, the following terms shall have the following meanings:
A. 
"Additional garbage bag"
means a 30-gallon capacity plastic (or like material) bag sold by the city for the collection and disposal of waste materials, which shall have printed thereon the name of the city and/or the name of any commercial entity performing garbage collection and disposal services within the city by authority of and pursuant to a contract with the city.
B. 
"Bundle"
means a package containing waste materials not exceeding four feet in its longest dimension nor 70 pounds in total weight, securely tied with cord, rope or plastic binding, having sufficient strength and composition to permit the lifting and carrying thereof without spillage or leakage.
C. 
"Curb"
means the boundary line between privately owned property and a public right-of-way within the corporate limits of the city.
D. 
"Drum"
means any waste material container other than an additional garbage bag, bundle or standard container, having a capacity of up to 50 gallons.
E. 
"Holiday"
means only Thanksgiving, Christmas and New Year's Day.
F. 
"Person"
means every natural person and every firm, copartnership, association, corporation or similar business entity.
G. 
"Regular collection service"
means the weekly pick up service subscribed to by a person within the city.
H. 
"Special collection service"
means any pick up service in addition to the regular collection service.
I. 
"Standard container"
means any plastic or galvanized metal, watertight waste materials container with a tight-fitting cover and side bails, which does not exceed 30 gallons capacity or 70 pounds in total weight.
J. 
"Town" or "city"
means the city of Yelm, Washington, or as indicated by the context, the duly constituted city council or any official of or agent representing the city in the discharge of his duties.
K. 
"Waste materials"
means all garbage, rubbish and refuse, specifically including, without limitation, animal, fish, fruit or vegetable matter in a putrescible state; ashes; tin cans; crockery; bottles; metal vessels; rags; paper and pasteboard waste; trimmings from lawns, trees and gardens; straw; sawdust; packing materials; shavings; and similar items of household or commercial and/or industrial waste.
(Ord. 173 § 2, 1974; Ord. 295 § 1, 1984; Ord. 402 § 1, 1991)
The maintenance of the public health and sanitation requires, and it is the intention hereof to make, the collection, disposal and removal of waste materials within the city universal and compulsory under the supervision of the city, and to provide that such collection, removal and disposal of waste materials be performed by the city or such entity as the city may from time to time authorize and designate.
(Ord. 173 § 3, 1974)
The city shall establish and operate a system for the collection, removal and disposal of waste material accumulated within the city, and shall collect and dispose of such waste material as provided in this chapter and in other ordinances of the city not in conflict herewith. The city may, if it deems it advisable, contract with private agencies for the performance of any of the foregoing functions; provided, however, that any such contract shall be let only after calling for bids therefor in the manner required by the laws of Washington, and the term of any such contract shall not exceed five years.
(Ord. 173 § 4, 1974)
The Thurston County system for solid waste handling and disposal is hereby designated for the disposal of all solid waste generated and/or collected within the city. The city authorizes the county to designate disposal sites for the disposal of solid waste. No solid waste generated or collected within the city shall be diverted from the county's designated disposal site(s) without the county's prior approval. The designation of the county for solid waste disposal shall not otherwise affect the city's programs for and control over solid waste collection, waste reduction and recycling.
(Ord. 1075 § 2, 2021)
It shall be the duty of every person in possession, charge or control of any premises within the city where waste materials are created or accumulated, to at all times keep or cause to be authorized by the city a container, for the deposit therein of waste material, and to deposit or cause to be deposited such waste material therein.
(Ord. 173 § 5, 1974)
All waste material containers shall be of watertight construction and shall be maintained in a reasonably clean and sanitary condition. All waste material containers authorized by this chapter shall be placed at the same location at curb or other authorized area for each collection provided by the city. A separate charge shall be made for each different location from which collection service is required.
(Ord. 173 § 6, 1974; Ord. 295 § 2, 1984)
It is unlawful for any person to throw, cast, deposit or cause or permit to be thrown, cast or deposited upon any street, highway, alley or public place, or upon any vacant or unused lot or parcel of ground in the city, any waste material or anything offensive or injurious to the public health; or to throw, deposit or permit to be thrown or deposited, or permit to remain upon any premises owned, occupied or controlled by such person, any uncontained waste material or anything offensive, or anything injurious to the public health or dangerous to persons or property.
(Ord. 173 § 7, 1974)
It is unlawful for any person to burn any garbage or refuse within the city; provided, however, that wastepaper, boxes, rubbish and debris, brush, grass, weeds and cuttings from trees, lawns or gardens may be burned within the premises or, upon obtaining a permit from the city, and after giving notice to the city fire department and obtaining permission from the Puget Sound Air Pollution Control Board when necessary, the same may be burned upon the lot upon which the premises is located.
(Ord. 173 § 8, 1974)
It is unlawful for any person other than a duly authorized employee of the city or garbage collection company duly authorized by the city to engage in the business of collecting, removing and disposing of waste materials and dead animals in the city, or for any person other than the city, its agents or employees, or duly authorized garbage collection company, to do or perform any of the things herein required to be done or performed by the city or duly authorized garbage collection company.
(Ord. 173 § 9, 1974)
The city shall collect, remove and dispose of all waste materials from residential premises in the city at least once each week, and from all commercial, industrial or institutional premises at least once each week and at such more frequent intervals as deemed necessary to protect the health, safety and welfare of the citizens of the city. For each residential collection service involving more than two standard containers or bundles or more than one drum, and for each commercial collection service involving more than two standard containers or bundles, or more than one drum, or more than one one-cubic-yard container, one-and-one-half-cubic-yard container or two-cubic-yard container, the additional waste material shall be accumulated and deposited for collection only in an additional garbage bag sold by the city for that purpose.
(Ord. 173 § 10, 1974; Ord. 295 § 3, 1984)
The following rates shall be charged for the collection and disposal of waste materials for commercial and/or industrial customers:
A. 
Commercial/industrial collection shall be picked up no less than once per week:
1. 
One standard container or bundle, $8.20 per month,
2. 
Two standard containers or bundles, $11.35 per month,
3. 
Three standard containers or bundles, $15.60 per month,
4. 
Four standard containers or bundles, $19.60 per month;
B. 
Residential and commercial dumpsters, collection once each week:
1. 
One container of one cubic yard, $47.75 per month; and a like amount for each additional such container,
2. 
One container of one and one-half cubic yards, $64.70 per month; and a like amount for each additional such container,
3. 
One container of two cubic yards, $77.70 per month; and a like amount for each additional such container;
C. 
For each collection from the containers identified in subsections (B)(1), (B)(2) and (B)(3) of this section, in excess of once each week, there shall be an additional charge equal to 90 percent of the rate specified for weekly service;
D. 
Additional services, per container per collection:
1.
Container carried from curb:
Over 5' but under 50'
$2.20
50', but under 75'
$2.70
For each 25' or fraction thereof over 75'
$0.80
2.
For each stair or step over which container is carried
$0.25
3.
For each overhead obstruction less than 8' off ground
$0.60
4.
For container, bundle, or unit stored below ground level or over 5' above ground level, but not involving stairs or steps
$0.60
5.
Drive-ins or back-ins on driveways or private roads (applies only on first unit)
$5.00
E. 
Appliances that can be handled by one man:
1.
Collection at end of regular service day, charge per unit
$7.50
2.
Special service collection, one hour minimum, charge per hour or fraction thereof
$50.00
F. 
Cash Deposits. Garbage customers shall be required to make a cash deposit with the city clerk/treasurer based upon their monthly bill. All such deposits shall be maintained in a separate fund of the city until the termination of the service, and shall be returned to the customer after all claims the city may have against the premises occupied by such customer have been fully paid. Amounts of deposits shall be:
1 can service
$10.00
2 can service
$15.00
3 can service
$20.00
4 can service
$25.00
1 yard container service
$50.00
1-1/2 yard container service
$65.00
2 yard container service
$80.00
(Ord. 173 § 11, 1974; Ord. 192 § 1, 1975; Ord. 215 § 1, 1978; Ord. 231 § 1, 1979; Ord. 244 § 1, 1980; Ord. 295 § 4, 1984; Ord. 303 § 1, 1984; Ord. 311 § 1, 1986; Ord. 334 § 1, 1987; Ord. 379 § 1, 1990; Ord. 393 § 1, 1991; Ord. 402 § 2, 1991)
The city may promulgate changes in any or all of the foregoing rates and may promulgate rates for any other regular or intermittent or temporary services rendered by the city. Such schedules of rates or other promulgations shall, after adoption, be published in at least one issue of the official newspaper of the city and shall thereafter have the force and effect of law until modified or repealed by the city.
(Ord. 173 § 12, 1974)
All charges for the services to be rendered herein shall be payable at the office of the city clerk/treasurer and, if not paid on or before the tenth day following the date of billing, such charges shall be delinquent. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the premises to which the collection services shall have been rendered. Such a lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges, and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time, and shall be foreclosed within the time, and in the manner prescribed by law for the filing and foreclosing of liens for labor and material. Such lien shall be superior to any and all other liens and encumbrances filed subsequent to the filing of such lien, but shall be inferior to all general taxes and local improvement assessments whether levied prior or subsequent, as authorized by Chapter 270, Laws of 1943, the state of Washington.
(Ord. 173 § 13, 1974)
Service to any premises may be suspended for nonpayment of accounts delinquent for 60 days or more. Such suspension shall not relieve the person owing such account of the duty of complying with the provisions of this chapter. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons.
(Ord. 173 § 14, 1974)
In the event any person shall move from premises served by the city pursuant to this chapter and prior thereto shall have placed a deposit with the city for utility purposes, the city clerk/treasurer may satisfy any delinquent account for such services, or so much thereof as is possible, from such utility deposit.
(Ord. 173 § 15, 1974)
The city, by and through its authorized agents and employees, shall have the exclusive right to gather and collect waste material within the city and it is unlawful for any person to collect or gather waste material, except the contents of any septic tank, cesspool or other sewage collection device, within the city or to deposit or dump the same, or cause the same to be dumped or deposited, upon any lot of land or any water or waterways within the corporate limits of the city, except as herein provided. This provision shall not apply to the maintenance of compost piles or the collection and hauling of grass clippings, hedge or tree clippings or to the hauling to an authorized disposal site of ashes, tin cans or other noncombustible refuse, or rubbish, from any premises where the hauling is to be done by the owner or occupant of said premises.
(Ord. 173 § 16, 1974)
The mayor, with the consent of the city council, shall make such rules and regulations concerning the matters covered by this chapter as may be required or necessary to carry into effect the provisions of this chapter, which rules and regulations shall be published in at least one issue of the official newspaper of the city, and when so published, shall have the force and effect of law until repealed by the city council.
(Ord. 173 § 17, 1974)