[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.
[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.
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:
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.