[Adopted 12-29-1986 by L.L. No. 7-1986[1]]
[1]
Editor's Note: This local law also provided for the repeal of former Article III, Collection of Refuse in Sanitary District No. 1, adopted 5-24-1976 by L.L. No. 3-1976, as amended.
[Amended 9-10-1990 by L.L. No. 9-1990]
By the adoption of this article, the Town of Kent Town Board intends to establish regulations for the purpose of facilitating the collection of garbage within Sanitary District No. 1 and for the purpose of protecting the health, welfare and safety of the residents of the Town of Kent and particularly of the residents within said Sanitary District No. 1 and to establish a mandatory recycling program and provide for the collection of used newspapers, magazines, metal cans, plastic and glass bottles and other recyclable materials from residential and nonresidential premises within the Town of Kent Sanitary District No. 1 and to empower the adoption of regulations therefor and provide for penalties for the violation of this article and the regulations promulgated thereunder.
[Amended 10-26-1987 by L.L. No. 5-1987; 9-10-1990 by L.L. No. 9-1990]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
PERSONS
Includes all individuals, partnerships, corporations, owners, tenants, lessees, occupants, associations and organizations residing or owning, operating, managing, leasing or occupying any premises or business, commercial or industrial, within the Town of Kent Sanitary District No. 1.
RECYCLABLES
Solid waste consisting of used newspapers, magazines, metal cans, plastic and glass bottles and such other materials designated and approved as recyclable by the Town Board of the Town of Kent.
SOLID WASTE
Includes all garbage, rubbish and waste matter usually disposed of and normally placed at curbside by residents and commercial occupants in the Town of Kent Sanitary District No. 1 for usual collection at regular intervals by the municipal garbage collection trucks or private scavengers.
B. 
Collection.
(1) 
On or after the date fixed and promulgated by the Town Board of the Town of Kent, it shall be mandatory for all persons to separate recyclables from all other solid waste produced in or disposed of by such residential or nonresidential premises in the following manner:
(a) 
Metal, plastic and glass recyclables shall be placed in a separate container or other receptacle supplied by Sanitation District No. 1.
(b) 
Used newspapers and magazines shall be placed collectively in a separate container or other receptacle supplied by Sanitation District No. 1, and shall be compactly bundled and securely tied, separately, in bundles not exceeding 25 pounds in weight.
(c) 
Prior to placement for collection and removal, metal, glass and plastic recyclables shall be cleaned and all contents shall be removed therefrom. Caps shall be removed from glass and plastic recyclables.
(2) 
On the dates set forth in the regulations hereunder, recyclables for collection shall be placed in the containers or receptacles provided by Sanitation District No. 1 and shall be placed at curbside for collection by the Town's municipal trucks or by such agent or certain designated firms specifically authorized by the Town of Kent Sanitary District No. 1 to make such collections. Dates for pickup shall be designated by the Town Board.
(3) 
This article shall not prohibit or restrict any owner, agent, lessee or occupant of a premises from making his or its own arrangements or agreements for private collection of recyclables or garbage, provided that notice of said private arrangement or agreement is registered with the Town of Kent Sanitary District No. 1, and provided further that the recyclables are not placed at curbside on or immediately preceding regular municipal collections.
(4) 
Where used newspapers are used to wrap solid waste, they may be discarded or disposed of for collection with the usual waste.
(5) 
The Town Board of the Town of Kent may, in accordance with its statutory authority, negotiate and enter into franchises or agreements with qualified persons to make the collections of said used newspapers and magazines for the resultant benefit of the Town of Kent Sanitary District No. 1.
C. 
Enforcement.
(1) 
Except as otherwise permitted by this article, it shall be unlawful for any person unauthorized by the Town of Kent to collect, pick up or cause to be collected or picked up the recyclables referred to in this article. Each collection or pickup shall constitute a separate and distinct offense punishable as herein provided.
(2) 
Any person, firm or corporation who violates or neglects to comply with Subsection B(1) and (2) of this article or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punishable by a fine not to exceed the following amount for the following offenses:
(a) 
First offense: up to $50 at the discretion of the court.
(b) 
Second offense: up to $100 at the discretion of the court.
(c) 
Third offense: up to $200 at the discretion of the court.
(d) 
Fourth and each subsequent conviction: up to $250 at the discretion of the court.
(3) 
The Foreman or Acting Foreman of the Town of Kent Sanitary District No. 1 shall heretofore have the authority to issue appearance tickets for violations of this article. This article shall be enforced by the Sanitary Department and/or the Police Department of the Town of Kent.
D. 
Regulations.
(1) 
The Town Board of the Town of Kent is authorized to establish and promulgate reasonable regulations for the administration and publication of the procedures and manners of collections provided for by this article.
(2) 
Said regulations shall be published and circulated within the Town at least 30 days prior to the effective date of the regulations.
(3) 
The regulations shall be subject to amendment, modification or supplementation by the Town Board.
A. 
Solid waste shall be removed from properties located on the west and north sides of Lake Carmel on Tuesdays and Fridays.
B. 
Solid waste shall be removed from properties located on the south and east sides of Lake Carmel on Mondays and Thursdays.
[Amended 10-26-1987 by L.L. No. 5-1987]
A. 
Cleanup days shall be designated by the Town Board. All household materials less than 4 1/2 feet in length will be picked up on those days. Removal of objects larger than 4 1/2 feet must be arranged for by the owner, tenant or other person in charge of the premises. No household furniture or appliances which exceed 75 pounds in weight shall be removed by the Sanitary Department in any event.
B. 
Recycling days shall be designated by the Town Board. All recyclables will be picked up on designated days.
[Amended 9-10-1990 by L.L. No. 9-1990]
Garbage, refuse or rubbish shall be placed by the householders of the district at a place readily accessible to the collector at the front property line on the respective premises before 6:00 a.m. of the day when removal shall be made. The collector shall replace the garbage and rubbish receptacles inside the property line.
A. 
It shall be the duty of every tenant, owner or person in charge of any and every building to keep and maintain standard garbage can receptacles in good condition, with covers, for the removal of garbage and refuse. Garbage will not be collected unless it is placed at the roadside in a covered container or tied plastic bag. In wintertime, garbage cans shall be kept clean of snow.
B. 
No garbage or rubbish receptacle shall, together with its contents, exceed 100 pounds in weight. A standard garbage pail, in good condition, of a size not exceeding 30 gallons, complies with such regulations.
C. 
Each household shall be permitted to put out no more than two rubbish receptacles on each designated pickup day.
D. 
Accumulations of garbage, refuse or rubbish resulting from the failure of the owner or tenant to take advantage of regular collection service shall be removed at the expense of the person or persons concerned.
Accumulations of building materials or other trash shall be removed at the expense of the homeowner or tenant and not by the garbage collector.
The following materials shall be removed by the owner, tenant or person in charge of the property:
A. 
Brush.
B. 
Leaves.
C. 
Excessive household refuse.
Any person committing any offense against any provision of this article, not having its own penalty provision, shall be guilty of a violation punishable by a fine not exceeding $250.
If any section, sentence or part of this article is adjudged unconstitutional or invalid, such judgment shall not effect, impair or invalidate the remainder of this article.
This article shall take effect immediately.