Loading...
Ordinance 2006COUNCIL BILL N0. 1114 ORDINANCE N0. 2006 AN ORDINANCE PROHIBITING THE DEPOSITING OF LEAVES OR OTHER MATERIALS ON PUBLIC STREETS, OUTLINING A LEAF DISPOSAL PROGRAM, AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn has ongoing programs to improve the comrrunity; and WHEREAS, one of these programs calls for special City clean up days; and WHEREAS, sidewalks and streets need to be free of leaves and grass clippings; and WHEREAS, this material has a negative visual impact; and WHEREAS, certain materials placed on sidewalks and road pavement create storm drain problems; and WHEREAS, these materials create hazardous conditions for pedes- trian and vehicular traffic flows, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions For the purposes of this ordinance these terms are defined as follows: A. "Leaf bag" is a plastic bag that is comrr~only know as a "trash bag" that does not exceed approximately 33 gallons in capacity. B. "6Jaste receptacle" is a bag or other container of watertight construction capable of preventing the escape of contents within. C. "Person" is a natural person, firm, partnership, association or corporation. D. "Street" is a highway, road, or street as defined in ORS 801.110, $01.305, 801.450 and 801.535, including the entire width of right-of-way. Page 1 - COUPJCIL BILL N0. 1114 ORDINANCE N0. 2006 E. "Pavement" is the portion of the street, generally between curbs, that has been improved by asphalt, concrete or gravel to carry the vehicular traffic. Section 2. No person shall rake and or discharge leaves, grass clippings and other material from private property to the pavement or store it on any portion of the street adjacent to the pavement. Section 3. No person shall deposit or store any leaves, grass clippings, rubbish or other type of debris on a street. Section 4. Section 3 of this ordinance shall not apply to the deposit of a leaf bag or waste recepticle placed temporarily on the non-traveled portion of the street, but not on the pavement, for scheduled solid ~vaste collection. Section 5. To help Woodburn residents, the City Council hereby adopts the following leaf disposal policy: A. Private property leaf bag shall be picked up by the City or a contractor/franchisee at a reduced rate. The first year reduced rate for the residents is hereby established to be as follows: (1) Residents on regular solid waste service; approximately 4 of regular extra bag charge, i.e. $0.50/bag. (2) Residents not on solid waste service $1.00/bag plus $2.00 billing charge per season. (3) City must utilize its resources for additional cost of leaf pick up or disposal. B. To qualify fora reduced charge of $0.50/bag or $1.00/bag the residents must do the following: (1) Keep the leaf bag free of garbage or any other rubbish. (2) Place leaf bag at curb side for pick up on Tuesday of each week during the designated special leaf pick up period. The day of pick up may be changed by the City Administrator, if needed, to make the program more effective. Page 2 - COUNCIL BILL N0. 1114 ORDINANCE N0. 2006 C. Operation duration: Council authorizes the City Administrator to enter into an agreement with the franchisee/contractor or to designate City forces to operate the special leaf program from October 15th to December 15th, under the terms of this ordinance. D. The City may, in cooperation with the contractor/franchisee, provide one or more dumpster locations to give residents an opportunity to dump the leaves free of charge on certain days during the fall season. Section 5. A violation of this ordinance constitutes a class 5 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Section 6. Each portion of this ordinance shall be deemed sever- able from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of the ordinance. Section 7. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the P9ayor. Approved as to form:_ __ ~~ f~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the P1ayor f~ANCY A. R SEY, h1AYaJ2 October 10, 1988 October 12, 1988 October 12, 1988 Filed in the Office of the Recorder ATTEST: ,/'~ =.r-, r . ~'~ ~`,~,{,M ~ RNEY 0. UR I CITY RECORDER City of Lloodburn, Oregon October 12, 1988 Page 3 - COUNCIL BILL N0. 1114 ORDINANCE PJO. 2006