[1]
Code reviser's note: Ord. 3214 deleted the recyclable collection rates in MMC § 7.08.112 and § 7.08.113. These sections were intended to be repealed in their entirety and have been removed at the direction of the city. Recyclable collection rates are now included in MMC § 7.08.110.
The city finds that it is in the interest of the public health, safety and welfare to require and regulate the removal, collection and disposal of garbage, refuse, waste, rubbish, debris, discarded food, animal and vegetable matter, brush, grass, weeds, cans, glass, ashes, offal, boxes and cuttings from trees, lawns and gardens, swill and dead animals.
(Ord. 436 § 1, 1957; Ord. 1186 § 1, 1981; Ord. 2540 § 1, 2004)
As used in this chapter, unless the context indicates otherwise:
(1) 
"Garbage"
means all putrescible solid and semisolid wastes, including but not limited to animal and vegetable wastes. "Garbage" does not include the following:
(a) 
Recyclable refuse and yard waste as defined below;
(b) 
Primary products of public, private, industrial, commercial, mining and agricultural operations;
(c) 
Sludge and septage;
(d) 
Wood waste as defined by WAC 173-304-100(91);
(e) 
Dangerous or hazardous wastes as defined in RCW 70.105.010 and/or Chapter 173-303 WAC;
(f) 
Abandoned vehicles or parts thereof;
(g) 
Demolition wastes as defined by WAC 173-304-100(19);
(h) 
Problem wastes as defined by WAC 173-304-100(61);
(i) 
Medical wastes as defined by WAC 173-304-100(47);
(j) 
Agricultural wastes as defined by WAC 173-304-100(2);
(k) 
Industrial solid wastes as defined by WAC 173-304-100(39);
(l) 
White goods, meaning any large household appliance, including refrigerators, stoves, water heaters, etc.;
(m) 
Radioactive wastes as defined by Chapters 402-12 and 402-19 WAC;
(n) 
Rubber tires; or
(o) 
Oil.
(2) 
"Garbage and refuse"
is a generic term used in this chapter to mean garbage, recyclable refuse and organic waste as defined in this section.
(3) 
"Recyclable refuse"
means:
(a) 
Newspapers;
(b) 
Uncoated mixed paper, including magazines, junk mail, phone books, bond or ledger grade, cardboard and paperboard packaging. (This does not include tissue paper, paper towels, frozen food containers, milk cartons or paper packaging combined with plastic, wax or foil);
(c) 
P.E.T. (recyclable plastic), glass, aluminum and other metal food and beverage containers.
(4) 
"Temporary container"
means a detachable steel container provided as a temporary service which does not comply with compulsory garbage collection service specified in MMC § 7.08.030.
(5) 
"Yard waste"
means leaves, grass, prunings and clippings of woody as well as fleshy plants. Materials larger than four inches in diameter and four feet in length shall not be considered yard waste. Yard waste does not include dirt, rocks, and sod. Christmas trees will be considered yard waste if they have been cut and bundled to a maximum length of four feet.
(6) 
"Food waste"
means all compostable pre- and post-consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or eggshells, and food-soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, and pizza boxes.
(7) 
"Organic waste"
means yard waste and/or food waste.
(8) 
"Excess refuse"
is disposable garbage secured in one or more heavy duty plastic bags as required by MMC § 7.08.060(4), or in a garbage container as described in MMC § 7.08.060(4), and is in addition to the number of containers for which a customer has requested regular service. Excess refuse shall not include "recyclable refuse" or "organic waste" as defined above.
(Ord. 1822 § 1, 1991; Ord. 1849 § 1, 1991; Ord. 2540 § 1, 2004; Ord. 3283 § 1 (Exh. A), 2023)
Administrative responsibility for garbage and refuse collection, and enforcement of all provisions of this chapter, shall be vested in the utility department of the city of Marysville.
(Ord. 436 § 2, 1957; Ord. 928 § 1, 1977; Ord. 1140 § 1, 1980; Ord. 2540 § 1, 2004)
The owner and occupant of all occupied premises within the city of Marysville shall be required to use the garbage collection and disposal service provided by the city utility department, and to comply with all regulations and rate schedules relating to the same, as specified in this chapter; provided, that the compulsory service shall not apply to properties which are located in areas of the city temporarily covered by a franchise granted by the city to a private garbage collection and disposal company, and use of the company's services shall be optional; provided, further, compulsory garbage service shall not be required for single-family residences which meet all of the following conditions:
(1) 
The property is two acres or greater in size;
(2) 
The residence is at least 300 feet from the public right-of-way;
(3) 
The resident or property does not utilize any other city utility service for any purpose;
(4) 
The residence is not being served by a private garbage hauler.
An exemption to mandatory garbage service must be initiated by the property owner or occupant of the property by written request which addresses each of the four criteria referenced above. The director of public works or his designee shall review and approve or deny all requests for exemptions based upon the criteria listed above. The decision of the public works director shall be final.
Provided further, the public works director in consultation with the director of community development may administratively exempt from compulsory garbage service specific properties or areas which are rural in nature until such time as the property or area becomes urbanized by virtue of being developed or subdivided into urban densities.
In the event any exemption is granted, the exemption will be reviewed on an annual basis and in the event any of the four criteria referenced above are found to no longer apply, or in the case of an administratively granted exemption where the property or area has become urbanized, the property shall then become subject to the mandatory garbage provisions of this section.
(Ord. 436 § 3, 1957; Ord. 1186 § 2, 1981; Ord. 2116, 1997; Ord. 2540 § 1, 2004; Ord. 2940 § 1, 2013)
(1) 
The owner and occupant of all residential premises within the city shall be required to use the curbside collection service for recyclable refuse provided by the city's contractor, and shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter; provided, that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company.
(2) 
Customers have the option to utilize a second recyclable refuse container for curbside collection, and will be charged at the rates specified in this chapter for the additional container.
(Ord. 1822 § 3, 1991; Ord. 1836 § 1, 1991; Ord. 2540 § 1, 2004; Ord. 3141 § 1 (Exh. A), 2019; Ord. 3283 § 1 (Exh. A), 2023)
The owner and occupant of any commercial, industrial or multi-family residential premises within the city shall have the option of voluntarily registering for collection service for recyclable refuse provided by the city's contractor. Such customers shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter; provided, that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company.
(Ord. 1822 § 4, 1991; Ord. 1836 § 2, 1991; Ord. 1925 § 3, 1992; Ord. 2540 § 1, 2004)
The owner and occupant of any premises within the city shall have the option of voluntarily registering for curbside collection service for yard waste provided by the city's contractor. Such customers shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter; provided, that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company.
(Ord. 1822 § 5, 1991; Ord. 1854 § 1, 1991; Ord. 2078 § 1, 1996; Ord. 2540 § 1, 2004)
The owner or occupant of any residential or commercial premises within the city shall have the option of requesting temporary container services pursuant to the rates specified in MMC § 7.08.110. Temporary container services are permissible for a period not to exceed four weeks and for locations that meet the accessibility requirements as specified in MMC § 7.08.065.
(Ord. 3283 § 1 (Exh. A), 2023)
Any premises within the city which use garbage containers or drop boxes larger than eight cubic yards in size, or which cannot be emptied by a rearend-load garbage truck shall contract for private garbage collection service with pickups on at least a weekly basis, and shall be exempt from the requirement of using city garbage collection services and paying for the same.
(Ord. 1639, 1988; Ord. 2540 § 1, 2004)
It is unlawful for any person, firm or corporation, other than the city of Marysville, to engage in the business of collection, hauling or disposal of garbage refuse or waste as defined in this chapter, within the city limits without having obtained a franchise for said business issued by the city council.
(Ord. 436 § 4, 1957; Ord. 1140 § 3, 1980; Ord. 2540 § 1, 2004)
(1) 
It is unlawful for any person, firm or corporation to use the city's garbage collection service for any waste or refuse which is not defined as "garbage" in MMC § 7.08.012(1), or to commingle any such waste or refuse with garbage; provided, that commingling of recyclable refuse with garbage is permitted by commercial or industrial customers who legitimately elect not to register for curbside collection service for recyclable refuse, pursuant to MMC § 7.08.032.
(2) 
It is unlawful for any person, firm or corporation to use the city's recyclable collection service for any garbage, waste or refuse which is not defined as "recyclable refuse" in MMC § 7.08.012(3), or to commingle any such garbage, waste or refuse with recyclable refuse.
(3) 
It is unlawful for any person, firm or corporation to use the city's yard waste collection service for any garbage, refuse or waste which is not defined as "yard waste" in MMC § 7.08.012(4), or to commingle any such garbage, waste or refuse with yard waste.
(Ord. 436 § 5, 1957; Ord. 1822 §§ 2, 6, 1991; Ord. 1836 § 3, 1991; Ord. 2540 § 1, 2004)
It is unlawful for any person, firm or corporation, other than the city, the city's recycling contractor, or a private disposal company franchised by the city, to scavenge, remove or collect any garbage or refuse after it has been set out by a customer for collection at the curbside or other approved location.
(Ord. 1822 § 7, 1991; Ord. 2540 § 1, 2004)
(1) 
It shall be the duty of every person who owns, occupies or controls any dwelling unit, business premises, manufacturing establishment, school, church or other place where garbage and refuse is created or accumulated, to at all times keep or cause to be kept portable containers for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. In the case of rental units it shall be the responsibility of the owner of the premises to supply the tenants with garbage containers meeting the specifications of this section.
(2) 
All garbage containers issued by the city shall remain the property of the city.
(3) 
All garbage containers shall be watertight and shall be kept in a sanitary condition with the outsides thereof clean and free from accumulated grease and decomposing material.
(4) 
"Excess refuse" must be either in a container that is watertight, of not more than 30-gallon capacity, having two handles at the sides thereof and tight-fitting lids not exceeding 60 pounds in weight when loaded; or in a heavy-duty 30-gallon garbage bag with the opening adequately secured shut. The bag must be able to be picked up by the top without loss of contents. Refuse in boxes, paper bags or small grocery bags will not be accepted. Excess refuse will be charged pursuant to the rates specified in MMC § 7.08.110.
(5) 
Upon request, bulk containers for garbage and refuse will be supplied by the city. Such containers shall be located on concrete pads constructed at grade level to the following specifications:
(a) 
For bulk containers one to two yards in size the pads shall be five feet by eight feet.
(b) 
For bulk containers three to six yards in size the pads shall be eight feet by eight feet.
(c) 
For bulk containers eight yards in size the pads shall be 11 feet by 11 feet.
(6) 
Bulk containers shall be located so that they are accessible to garbage trucks or may be rolled out on a hard surface.
(7) 
Exemptions to required use of city-owned carts shall be considered on a case-by-case basis. The customer shall be required to provide the city with justification of substantial hardship if the city were to impose the required use of city-owned carts. Final determination shall be at the discretion of the city.
(8) 
The user of any city-owned container shall exercise reasonable care of the same. Repairs or cleaning which are necessitated by reason of neglect or abuse shall be charged to the user. The user shall be responsible to notify the utility department if container repairs are needed. Failure to do so may be considered as abuse.
(Ord. 436 § 6, 1957; Ord. 928 § 5, 1977; Ord. 1140 § 4, 1980; Ord. 1145, 1980; Ord. 1505, 1987; Ord. 1788 §§ 1, 2, 1990; Ord. 1849 § 2, 1991; Ord. 2540 § 1, 2004; Ord. 3141 § 2 (Exh. B), 2019; Ord. 3283 § 1 (Exh. A), 2023)
(1) 
Within but no sooner than 24 hours of the time of collection, it shall be the duty of each garbage customer to place all garbage containers, excess garbage containers, recycling carts and yard waste collection carts in an accessible place abutting the street or alley used by the city garbage trucks to service the subject property.
(a) 
The garbage containers, excess garbage containers, and carts shall be situated at the edge of the public right-of-way, or at the curbline if such exists.
(b) 
Place all carts with lids opening toward roadway.
(c) 
Maintain at least two feet of clearance between each cart, can, or container.
(2) 
Arrangements may be made for special collection sites for handicapped persons, multiple-family complexes, and commercial and industrial customers. Special collection procedures that involve "additional" or "extra" service may be charged for such service per MMC § 7.08.120, Special services performed by city – Owner's cost.
(3) 
On the day of collection, garbage containers or other receptacles shall be removed by the customer from inaccessible places or underground storage. In the event that any garbage container or other receptacle is inaccessible to the collector, the city shall refuse collection service. Such refusal shall not relieve the customer of the obligation to pay the regular service fee. If the customer wishes to schedule the garbage container or other receptacle to be emptied which was refused service because of inaccessibility, the customer shall be billed an amount equal to an extra pickup commensurate with their current level of service, as noted in MMC § 7.08.110, Rate schedule. This does not relieve the customer of the obligation to pay the regular service fee.
(4) 
On the day of collection, after the garbage is collected it shall be the duty of each garbage customer to remove all garbage containers from the accessible place abutting the street or alley as referenced in subsection (1) of this section. Any container not so removed within two business days may be removed by the utility, and a fee will be charged to redeliver the container.
(5) 
If the public works director or his or her designee determines that service to a commercial dumpster meets all of the conditions below, service can be provided via two 96-gallon toters for each cubic yard of dumpster space at the cubic yard dumpster rate.
(a) 
It is unsafe for the sanitation truck driver to access to the dumpster or accessing the dumpster could result in property damage.
(b) 
The dumpster cannot be relocated on the customer's property in a manner that allows safe and easy access.
(Ord. 616 § 2, 1968; Ord. 1253 § 1, 1982; Ord. 1822 § 10, 1991; Ord. 1849 § 3, 1991; Ord. 2540 § 1, 2004; Ord. 2765 § 1, 2009; Ord. 3141 § 3 (Exh. C), 2019)
It is the duty of each customer to keep the area around its garbage and refuse receptacles free from litter. If it is necessary for the city or the city's recycling contractor to clean up the litter around receptacles, the customer's garbage and refuse bill for that month shall be doubled.
(Ord. 616 § 3, 1968; Ord. 928 § 6, 1977; Ord. 1822 § 12, 1991; Ord. 2540 § 1, 2004)
Special arrangements may be made with the utilities department by business establishments having large quantities of dry garbage or refuse in the shape of packing cases, crates, barrels, etc., for the convenient hauling of the same by the garbage collector.
(Ord. 436 § 7, 1957; Ord. 928 § 7, 1977; Ord. 2540 § 1, 2004)
It is unlawful to dump or deposit any garbage or refuse upon any street or alley or on any public or private property except in a receptacle intended for that purpose and with the implied or express consent of the owner of said receptacle.
(Ord. 436 § 8, 1957; Ord. 1822 § 12, 1991; Ord. 2540 § 1, 2004)
The garbage and refuse department shall collect, remove and dispose of all garbage and refuse in the residential section of the city at least once each week (except for those residences with monthly garbage collection service), and at least once a day, if required, in the business section of the city and from all business houses in the city and from schools.
(Ord. 436 § 9, 1957; Ord. 2540 § 1, 2004; Ord. 3141 § 4 (Exh. D), 2019)
A customer may request voluntary discontinuance of garbage collection service during periods that the premises are vacant. The conditions of such discontinuance shall be as follows:
(1) 
Three days' advance notice of a request for discontinuance shall be given, in writing, to the city and to the recycling contractor, if applicable.
(2) 
The customer must simultaneously request discontinuance of water service to the premises pursuant to MMC § 14.05.060.
(3) 
The customer shall pay the city any delinquent fees or charges owed on its garbage and refuse account.
Following such discontinuance, no charges for garbage collection service shall accrue, and no liens shall accumulate, until the service is commenced again at the request of the owner. If a customer requests reconnection of water service to the premises, garbage service shall be simultaneously commenced.
(Ord. 1439, 1985; Ord. 1822 § 13, 1991; Ord. 2540 § 1, 2004)
Bills for garbage and refuse collection services, as specified in the rate schedule in MMC § 7.08.110, shall be sent to all customers on a monthly or bimonthly basis, using the addresses contained in the records of the city utility department. For customers also receiving bills for city water and sewer utilities, the billing statements shall be combined and processed pursuant to MMC § 14.05.030. The owner of premises receiving the benefit of garbage and refuse collection services shall be responsible for the payment of all charges. In the event that such charges are not paid to the city within 30 days after mailing of the bills, they shall be considered delinquent. Delinquent bills may be collected by the city by use of one or more of the following cumulative remedies:
(1) 
All garbage and refuse service to the premises may be suspended. Such suspension shall not relieve the owner of the premises from paying the delinquent account or from accruing additional monthly charges during the period of suspension. Further, such suspension shall not relieve the owner of the premises from an obligation to comply with all provisions of this chapter, and an accumulation of garbage or refuse on the premises may result in an action by the city for abatement of a health hazard.
(2) 
A civil collection action may be instituted against the owner of the premises and/or the person or persons occupying the same during the period that the delinquent account arose. If the city obtains judgment against such parties, it shall also be entitled to judgment for court costs and reasonable attorney's fees expended in said litigation.
(3) 
The amount of a delinquent account shall constitute a lien against the property for which the garbage collection service was rendered. In order to enforce said lien, the city must file a notice of the same with the Snohomish County auditor within 90 days from the date on which the services were performed. Such notice must comply with RCW 35.21.140. The city may file a judicial action to foreclose said lien within a period of eight calendar months after the lien was filed. If the city obtains judgment on said lien, it shall also be entitled to judgment for court costs and reasonable attorney's fees incurred in said litigation.
(Ord. 436 § 10, 1957; Ord. 1140 § 6, 1980; Ord. 1849 § 4, 1991; Ord. 2540 § 1, 2004)
Effective January 1, 2026, the bimonthly rates (per billing cycle) for the collection of garbage, refuse, and recyclables to be charged by the city shall be according to the rates set forth in the master fee schedule adopted by resolution of the city council.
(Ord. 438 § 1, 1957; Ord. 563 §§ 2, 3, 1966; Ord. 616 § 1, 1968; Ord. 728 § 3, 1971; Ord. 876 § 1, 1975; Ord. 928 § 8, 1977; Ord. 1057, 1979; Ord. 1140 § 7, 1980; Ord. 1177, 1981; Ord. 1322 § 1, 1983; Ord. 1474 § 1, 1986; Ord. 1552 § 1, 1987; Ord. 1788 § 3, 1990; Ord. 1876 § 1, 1992; Ord. 1925 § 1, 1992; Ord. 2285 § 1, 1999; Ord. 2352 § 1, 2000; Ord. 2390 § 3, 2001; Ord. 2540 § 1, 2004; Ord. 2779 §§ 1 – 4, 2009; Ord. 3200 § 1 (Exh. A), 2021; Ord. 3214 § 1, 2022; Ord. 3283 § 1 (Exh. A), 2023; Ord. 3372 § 1 (Exh. A), 2025)
Low-income senior citizens and low-income disabled persons may be eligible for rate relief pursuant to Chapter 3.63 MMC.
(Ord. 1140 § 3, 1980; Ord. 1417 §§ 1, 2, 1985; Ord. 1633 §§ 1, 2, 1988; Ord. 1655, 1988; Ord. 1787 § 2, 1990; Ord. 2540 § 1, 2004; Ord. 3141 § 5 (Exh. E), 2019)
In the event that city employees are authorized by the superintendent of the utility department to perform special extraordinary garbage or refuse collection services for a private party, using city time or equipment, said private party shall be charged, on the next billing cycle, in an amount equal to the prevailing hourly wage rate for the employees and/or equipment involved. Such charges shall be collected pursuant to the procedures specified in MMC § 7.08.100. Authorization for such special or extraordinary services shall only be given for the purpose of abating a violation of this title or for other purposes which benefit the public interest.
(Ord. 1140 § 9, 1980; Ord. 2540 § 1, 2004)
During construction of a new building a contractor may request connection to city utilities. Unless requested, however, city garbage collection for said premises shall not commence, and garbage fees shall not be charged, until the date of first occupancy of the building.
(Ord. 1674 § 1, 1989; Ord. 2540 § 1, 2004)
There is hereby established and created a garbage disposal fund. All money received by the city for the collection and disposal of garbage and refuse shall be placed in such fund and the expense of such garbage collection and disposal shall be paid therefrom. The city council may, from time to time, provide for additional revenues to be paid into such fund and may, subject to the provisions of RCW 35.27.510, from time to time transfer a portion of the net earnings into the current expense fund of the city.
(Ord. 436 § 12, 1957; Ord. 2540 § 1, 2004)