City of Revelstoke
CONSOLIDATED FOR CONVENIENCE
GARBAGE COLLECTION BYLAW NO. 1759
(CONSOLIDATED COPY – Includes Amendments
Enacted by Bylaw No. 1871)
CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Revelstoke Bylaw No. 1759 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law.
Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation.
CITY OF REVELSTOKE
BYLAW No. 1759
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A Bylaw to provide for and to regulate the collection and disposal of garbage and to establish a scale of charges therefore.
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The Municipal Council of the City of Revelstoke in open meeting assembled enacts as follows:
1. TITLE
This bylaw may be cited for all purposes as “Garbage Collection Bylaw No. 1759”.
2. INTERPRETATION
In this bylaw, unless the context otherwise requires:
“City” means the City of Revelstoke.
“Residential Dwelling Premise” means an individual dwelling unit that is self-contained which would include, but not exclusively, single-family dwellings, suites contained therein (approved or otherwise), duplexes or triplexes.
“Multi-residential Dwelling Premise” means a premise that contains four or more individual self-contained dwelling units, a townhouse, condominium, mobile home park or strata-titled residential development and excludes apartments, hotels and motels.
“Director of Finance” means the person appointed as such by the Council of the City and any person delegated to assist him in carrying out his duties under this bylaw.
“Operations Manager” means the person appointed as such by the Council of the City and any person delegated to assist him in carrying out his duties under this bylaw.
“Garbage” means and includes any and all rubbish, trade waste, ashes, household waste, discarded matter, rejected, abandoned or discarded waste or vegetable or animal food, floor sweepings, crockery, glass, or metal ware having contained food.
“Garbage disposal” means the collection of garbage under the provisions of this bylaw.
“Commercial premise” means a building or self-contained part thereof, occupied and used for other than a dwelling, including but not restricted to warehouses, stores, eating places, wholesale or retail business places and office blocks, packing houses, canneries, processing plants, manufacturing plants, hotel, motel and non-strata apartments.
“Owner” means the registered owner of any lands and premises situated within the City boundaries and shall, where applicable, include the agent, executor or administrator of such owner or the lessee or occupier of the premises.
“Disposal grounds” or “landfill” means the site or sites owned and operated by the Columbia Shuswap Regional District in “Area B” of the said Regional District for the purpose of disposing or dumping of all garbage under the provisions of this bylaw.
“Householder” means any person occupying a residential dwelling, as defined by this bylaw, habitation or place of residence in the City; but shall exclude any person who is merely a boarder, roomer or lodger therein.
“Flammable material” means gasoline, lubricating oils, fuel oils, cleansing fluid, celluloid or other readily combustible materials.
“Occupier” means any person to whom a refuse collection service is rendered.
“Person” shall, in addition to its ordinary meaning, include a firm or partnership, company or corporation. In addition, throughout this bylaw where the context requires, the singular shall be held to mean and to include the plural and the masculine, the feminine or body corporate.
“Standard garbage container” (hereinafter referred to as “standard container”) means a:
Non-corrosive, durable receptacle, fitted with secure handles and a watertight cover filled to the rim only and no more than 77 litres (17 gallons) each in size, or approved plastic bag of dimensions not greater than 60 cm by 90 cm (24” by 36”) and of sufficient strength not to rip or tear when handled, or bundle of brush or similar material with dimensions not exceeding 0.914 metres (3 feet) in any direction and tied in a manner which permits easy handling and resists breakage.
A standard container must not weigh more than the limit set out in Schedule C when full.
“Bundle” means a collection of brush or similar material which meets the conditions set out above under the definition of “standard garbage container”.
“Bin” means a garbage container of 3, 4 or 5 cubic yards capacity and being of sound construction and having the correct dimensions for pick up by the City or its contractor's garbage collection vehicle, and must not weigh more than the limits set out in Schedule C when full.
“Tag-a-bag sticker” means a self-adhesive tag which must be affixed to all garbage bags or bundles which exceed the quantity limits for garbage removal outlined in this bylaw, such tags being made available by the City of Revelstoke for a fee as set out in Schedule A.
“Minimum charge” means the monthly fee as contained in Schedule A for residential and multi-residential dwellings.
"OCC" means Old Corrugated Cardboard packaging having a market value for recycling.
"Commercially-Generated OCC" means OCC discarded as a waste product from all but the day to day activities of a residential household.
3. GARBAGE DISPOSAL
No person within the City of Revelstoke shall dispose of any garbage except in accordance with the provisions of this bylaw.
4. GARBAGE COLLECTION SYSTEM
4.1 The City is authorized to establish, maintain and operate a system of residential and commercial garbage collection and removal within the City, either by contract, or by use of its own equipment and labour, and such services shall be under the control of the Operations Manager.
4.2 The City is authorized to establish a billing and collection system under the control and inspection of the Director of Finance.
4.3 Every owner or occupier of a residential dwelling, a multi-residential dwelling, and a commercial premise using a tag-a-bag service, within the City shall use the garbage disposal system established herein and shall pay the rates, fees and penalties set out in Schedules A and B, except those who have applied for and have been granted a discontinuance of service for which special provisions apply later in this bylaw.
4.4 No person shall litter garbage or dispose of garbage in any way contrary to the provisions of this bylaw nor be in breach of any other provisions of this bylaw. This includes disposal of waste into a standard garbage container or bin belonging to another person unless given the authority to do so by the owner or occupier of the premises.
4.5 Every person who violates any of the provisions of this bylaw or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or who does any act which violates any of the provisions of this bylaw, shall be deemed to be guilty of an infraction thereof, and liable to the penalties hereby imposed.
4.6 Every person guilty of an infraction of this bylaw shall be upon summary conviction in a Court of competent jurisdiction be liable to a fine as set out in Schedule B.
4.7 Where a discontinuance of service has been granted to any person, owner or occupier he shall make arrangements forthwith to transport and dispose of his garbage at the disposal grounds at his own expense and in accordance with any conditions that the City may impose.
4.8 No garbage collector shall enter any building for the purpose of carrying out of or returning thereto any container, nor shall he demand or receive any gratuity, gift, payment or any other consideration for services rendered in connection with garbage collection beyond his regular remuneration.
5. CONDITIONS OF SERVICE
Provision of Standard Containers and Bins
5.1 Every owner or occupier of a residential dwelling, multi-residential dwelling or commercial premise within the City shall provide and maintain in sanitary condition and good order and repair, standard containers sufficient in number to contain all garbage to be collected.
5.2 Every owner of a multi-residential dwelling premise may apply to the City to use a bin instead of using the containers referred to in 5.1 above. The owner or occupier must provide their own bin, which meets the specifications set out in this bylaw and any other requirements that may be set by the garbage collection contractor or the Operations Manager. The City will not be liable in any way for costs incurred by an owner or occupier in providing their own bin and does not provide any guarantee either written or implied that such bin will be suitable regardless of whether or not it meets the criteria set out in this bylaw. The owner or occupier will be responsible for the care and maintenance of the bins.
5.3 Bins shall be stored on a level concrete pad no smaller than 3 metres x 3 metres (10' x 10') for a 3 cubic yard bin or 3.7 metres x 3.7 metres (12' x 12') for a 4 or 5 cubic yard bin to a standard which is acceptable to the City and on a mutually approved site.
Collection Schedule
5.4 The City or the Contractor acting on behalf of the City shall pick up all garbage left out at residential, multi-residential and commercial premises on the appropriate collection days provided all the terms of this bylaw have been met.
5.5 A schedule of the garbage collection days will be available from the Operations Manager who may change it as he sees fit and provide reasonable notice to owners and occupiers of such change. Reasonable notice shall mean notification by at least one advertisement in a local newspaper no less than ten days before such change comes into effect.
5.6 Owners of multi-residential dwelling premises with bin service, as described in 5.2 and 5.3, must apply at the City for the number of bin dumps required per week and the day(s) of the week the bin is to be dumped. Requests must be made in writing to the Operations Manager 30 days prior to the service so the City can produce a schedule for bin dumping.
5.7 Owners of commercial premises may in lieu of tag and bag stickers pay a quarterly fee as set out in Schedule A.
Location of Containers and Bins During Storage and Collection
5.8 Standard containers and bins shall at all times be kept free of ice and snow on and around the container/bin and on the residential/multi-residential dwellings or commercial premises and at no time be kept or put or encroach upon or project over any street, lane or public place or thoroughfare, except when placed as such for the purposes of collection under this bylaw.
5.9 All standard containers shall be kept at ground level or on a platform not more than 0.75 metres (2.46 feet) in height above the ground and shall be readily accessible from the street or lane abutting the premises
5.10 Except as otherwise directed by the Operations Manager, bins shall be made available for collection and standard containers shall be placed on the streets or lanes only between the hours of 6:00 a.m. and 7:00 p.m. on the day of collection.
5.11 For collection purposes, all standard containers must be placed next to the street, lane or boulevard or at any other such place as may be directed by the Operations Manager.
Enclosures and Receptacles
5.12 If standard containers are enclosed in a structure it shall be built with doors opening upon the collection side so that the said containers can be readily removed.
5.13 Receptacles used to contain household garbage, and any separate shed or housing used as a cover, shall at all times be kept in good condition and repair and accessible for inspection at all reasonable hours, and when a receptacle has been condemned by the Operations Manager as unfit for the purpose, such receptacle shall be removed forthwith, along with the household garbage, rubbish or trade waste contained therein. The householder or occupier shall provide forthwith a suitable and sanitary receptacle as heretofore required in its place.
On-Site Collection
5.14 Where arrangements have been made for on-site collection, a passageway and ready means of access to standard containers, approved plastic bags or bins on premises to which no lane has access shall, at all reasonable times, be provided from the street, and such passageway must be unobstructed and of sufficient size a construction to enable any employee or contractor of the City to have access thereto.
Number, Volume and Weight of Containers and Bins Allowed
5.15 Each residential dwelling shall be permitted to place out for collection two standard containers per week. Garbage in excess of this quantity shall be placed in approved plastic bags or bundles only and must clearly display a valid tag-a-bag sticker on each additional bag. Any additional bag or bundle not displaying a valid tag-a-bag sticker for whatever reason will not be collected.
5.16 Where multi-residential dwelling premises have opted to use bins these, when full, must not exceed the cubic capacity and weights set out in Schedule C. The Operations Manager may restrict the number of bins at any multi-residential dwelling premises as he sees fit.
Materials Not Permitted and Special Conditions
5.17 Hot ashes, all liquid wastes including paint, petroleum and oil products, bulk chemical composition waste or hazardous waste, animal cuttings, wastes, excrement or animal bodies, auto parts, tires, batteries, scrap iron or metal, concrete, soil, rocks, or sod, furniture or appliances, trade waste (commercial and industrial), building construction or demolition waste including gyproc and commercially generated OCC will not be collected.
5.18 No liquids shall be placed in or be allowed to accumulate in any standard container or bin.
5.19 All table and kitchen garbage, all wet garbage, floor sweepings, sawdust or other granular materials must be placed in an approved plastic garbage bag before being placed in a standard container or bin.
5.20 All solids, gases or liquids, which might adhere to any standard container or bin, shall be placed in an approved plastic garbage bag before being put in such container or bin.
5.21 Ashes shall be placed in a non-combustible container or bin once cold and separated from other garbage or flammable material.
5.22 No person shall place or mix with any material for removal as garbage any explosive, volatile, corrosive materials, dangerous chemicals or any other material dangerous to the health and/or safety of the garbage collection personnel. This includes any special waste as defined by the British Columbia Waste Management Act.
Refusal or Suspension of Service Due to Non-Compliance
5.23 The City or its Contractor reserves the right to refuse to remove all or any garbage left for collection that does not comply with any of the provisions of this bylaw.
5.24 It is the responsibility of the owner, occupier or householder to ensure that he complies with all the provisions of this bylaw and the City will not engage in or arbitrate any dispute which may arise between the contractor and the owner, occupier or householder as a result of non-collection of garbage or for any other reason.
5.25 The City may suspend garbage collection services from any property where it believes that any or all of the provisions of this bylaw have not been met by the owner or occupier of that property, but such suspension shall not waive any requirement, or abate any charges or rates under the provisions of this bylaw.
5.26 During such suspension of service the owner or occupier of the property will be responsible for removing his garbage from his property to the disposal grounds at his own expense and the City will not be rendered liable for any such costs or damages arising from the suspension of service either to the property owner or any third party.
6. FEES AND CHARGES
Timing of Fee Collection
6.1 The fees applicable under this bylaw for residential/multi-residential dwelling premises shall be added to the tax notices for the applicable calendar year.
6.2 The Director of Finance is hereby authorized, following the appropriate resolution from Council, to change the frequency of fee collection for residential dwellings and establish an invoicing system to accommodate such change.
6.3 The fees applicable under this bylaw for commercial premises shall be invoiced quarterly in advance. The invoices will be sent to the last known address of the owner or occupier of the property on December 1, March 1, May 1 and August 1, or as soon thereafter as possible, and will be due for payment not more than thirty days thereafter, except that when a property becomes vacant all garbage charges outstanding become due and payable immediately.
Notification of Charges
6.4 The owner or occupier of property shall be deemed to have received notification of garbage charges if said notification was mailed or otherwise delivered to the address contained in the City's utility invoicing system, and no person shall be discharged or relieved from liability in respect of such fees and charges or from penalties attached to non-payment hereby imposed by reason of non-receipt of any statement of account thereof. The date of notification of charges shall be the invoice date in accordance with clause 6.3.
Non-Payment Provisions
6.5 Residential/multi-residential dwelling garbage fees added to property tax notices that remain unpaid at the due date of payment for such notices will suffer the same penalty as property taxes.
6.6 Quarterly garbage charges remaining outstanding after the due date will have a penalty added thereto in accordance with Schedule B.
6.7 The fees and charges imposed and payable under the provisions of this bylaw and which remain unpaid after December 31 shall be deemed to be taxes in arrears in respect of the property and shall be forthwith entered on the real property tax roll by the Director of Finance as taxes in arrears.
6.8 All accounts shall be rendered to the owner of lands and premises to which garbage collection service is being provided on the basis that every tenant or occupier of said lands or premises shall be jointly liable with the owner for the same.
Discontinuance, Alteration and Reinstatement of Service
6.9 Where any person shall refuse, omit or neglect to pay the rate or rates mentioned in Schedule A after the expiration of any billing period, the City, by its proper officer or employee in that behalf, may discontinue the service to that person and such service shall not be reinstated until such time as all outstanding amounts have been paid in full to the City.
6.10 Application for new or reinstatement of garbage service must be made in writing in the prescribed form and submitted to City Hall and the applicable fees shall be prorated to the end of the year or the current billing period, whichever is appropriate.
6.11 Application for discontinuance of or alteration in commercial garbage collection service must be made in writing in the prescribed form and submitted to City Hall. An application for temporary discontinuance of service is not permitted.
Miscellaneous
6.12 No monies received by the City in payment of fees and charges under this bylaw shall be applied to the payment of charges for the then current quarter, unless all charges which have become due in previous quarters have been fully paid.
6.13 Where any lands or premises or other classification is not specifically mentioned in Schedule A, the Director of Finance may establish and set garbage collection rates for the same and such rate or rates shall be valid and binding as if included in said schedule.
6.14 Where it is questionable which category lands or premises fall into for the purposes of establishing an applicable fee under Schedule A, the highest fee rate will apply.
6.15 In the event that the City has made an error in its calculation of fees to a property owner or occupier, it may, upon written application providing full details and the amount claimed, refund the overcharge to that owner or occupier for a period up to but not exceeding six years.
6.16 Where garbage collection service hereunder has been or is to be maintained for a period less than one month, the charge therefore shall be calculated on the basis of one month. 7. REPEAL OF PREVIOUS BYLAWS
Bylaws #1552, #1569 and #1746 are hereby repealed in their entirety.
READ A FIRST TIME THIS 13th DAY OF SEPTEMBER, 2004
READ A SECOND TIME THIS 13th DAY OF SEPTEMBER, 2004
READ A THIRD TIME THIS 13th DAY OF SEPTEMBER, 2004
ADOPTED BY CITY COUNCIL THIS 27th DAY OF SEPTEMBER, 2004
______________________________ _________________________
Director of Corporate Administration Mayor
Certified a true copy this_________ day of _________________, ___________.
| Amended Schedule “A” Bylaw 1871 |
BYLAW #1759
SCHEDULE “A” RESIDENTIAL/MULTI-RESIDENTIAL: Month Quarter Annual
$8.00 $24.00 $96.00
The above rates include two standard containers per residential dwelling premise per week. RESIDENTIAL BIN RENTAL: Month Quarter Annual
$0.84 $2.50 $10.00
Tag-a-bag sticker (for each additional bag) = $2.00 each (non refundable)
COMMERCIAL:
1. Tag-a-bag sticker (for each and every bag) = $2.00 each (non refundable)
2. In lieu of tag-a-bag stickers for commercial premises an annual fee of $96.00 per unit or $24.00 per unit per quarter will be allowed. This rate will allow for two standard containers per unit per week. Tag-a-bag sticker (for each additional bag) = $2.00 each (non refundable)
BYLAW #1759 SCHEDULE B FINES AND PENALTIES
An infraction of any provision of this bylaw will render the person liable to a fine as established within the Offense Act.
The penalty for late payment of any fees or charges levied under this bylaw is 5% except as otherwise provided under Section 6.5.
BYLAW #1759 SCHEDULE C The maximum weights that can be placed in approved containers are as follows:
Standard container 25 kg
Approved garbage bag 25 kg
3 cubic yard bin 580 kg
4 cubic yard bin 770 kg
5 cubic yard bin 960 kg
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