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5959�ry i ORDINANCE NO. 5959 AN ORDINANCE AMENDING ORDINANCE NO. 5745 PROVIDING FOR THE COLIECTION t';(ARBAGE, WASTE, TRASH AND REFUSE IN THE CITY OF LITTLE ROCK, PRO- 'f�I3�TNG FOR INSPECTION OF PREMISES, FIXING A SCHEDULE OF FEES FOR tAID' 42AVICES, PROVIDING A PENALTY FOR THE VIOLATION HEREOF, PROVIDING FOR ?- ISPOSITION OF ANY SURPLUS OF FEES COLLECTED UNDER THIS AMENDMENT „'. RlD EALING ALL ORDINANCES IN CONFLICT HEREWITH, AND FOR OTHER PURP0838. -bE. IT ORDAINED BY THE CITY COUNCIL OF LITTLE ROCK, ARKANSASs SECTION 1. Ordinance No. 5745 is hereby amended to read Section 1. From and after the passage and Approval of this ordinance, all garbage, waste, trash and refuse in the City of Little Rock shall be collected regularly by the employees of the City of Little Rock and for said service the Sanitation Department of the City of Little Rock, or its duly authorized employees, shall collect fees as set out in the following schedule; (1) For the purposes of this ordinance, the calendar -year is divided into four quarters, the first quarter covering the I months of January, February and March; the second quarter covering { ' 1%6 months of ,April, May and June; the third quarter c overing ' the months of July, August and September; the fourth quarter covering 1 the months of October, November and December. (2) A fee of One Dollar ($1.00) per quarter, or fractional part of a quarter, payable in advance, is hereby levied for each single family dwelling house actually occupied as a residence. (3) A fee of Seventy -five Cents ($0.75) per quarter, payable in advance, is hereby levied for each unit of a multiple, family dwelling house actually occupied as a residence. r t, }, . The fees mentioned in this ordinance and gat#elr in`i8tib- Sections 2 and 3 of this Section are hereby levied on and coVlectible from that person who in contemplation of law is the head of the family residing in the dwelling house unit. "The head of the family” is defined as one who controls, supervises and /or manages the affairs about the house. (5) In the event that in contemplation of law there is no head of the family, the fees set out above are hereby levied on and F` � t f t shall be collectible from each adult residing on the premises, pro- f OF vided, however, that not more than one fee per quarter shall be paid for each dwelling house unit in which there is no head of a family. (6) All business and /or commercial houses shall be charged for the collection of garbage and /or rubbish and /or trash at the rate of 1OX per 20 gallon can, collected twice a week. Said fees due the City of Little Rook under this Sub- Seotion are hereby levied on and shall be collectible from owners, managers or officers of said business or commercial house. Section 2. The Mayor, City Health Officer, and the Sanitation Committee of the City Council shall have the authority to establish fees in keeping with the above schedule for the col- lection of garbage and trash from any businesses or residences which are not listed in the above schedule. Section 3. Garbage within the meaning of this ordinance shall be construed to include all rejected food waste, and to include every refuse accumulation of animal, fruit, or vegetable matter used or intended for food, or intended for the preparation, use in cook- ing, dealing in, or storing of meat, fish, fowl, fruits, and /or vegetables. Section 4. Rubbish and trash within the meaning of this ordinance shall include refuse other than food stuffs, such as paper, clothing, grass, leaves, wood, ashes, and tin cans, and all such rubbish must be placed in a separate container, separate and '( distinct from container containing garbage. Section 5. The occupants of every private and busi- ness building shall provide a metallic can or cans with tight fit- ting covers for the holding of garbage, and same shall be placed . i at a point on premises where the garbage collector can conveniently I have access to same. Garbage cans must not be larger than Twenty (20) gallon capacity, and shall have handles suitable as aids in loading the cans. r -3- Section 69 All garbage must be drained of liquid substances before same is placed in garbage can. Section 7. From and after the passage and approval of this ordinance (a) it shall be unlawful for any person, firm, or corporation to burn any garbage except in incinerators that have been approved by the Health and Fire Departments; (b) it shall be unlawful for any person, firm, or corporation to dump or throw gar- b age, trash, refuse, leaves or any accumulation of same on any va- cant lot, street, or alley in the City of Little Rock; (o) it shall be unlawful for any person, firm, or corporation to collect or move garbage in the City of Little Rock until they first secure a written permit from the Health Department and pay the license and inspection fee provided for herein; (d) there is hereby levied a license and inspection fee of One Hundred Dollars ($100.00) per year or frac- tional part thereof for each conveyance or vehicle used in the collection of garbage under the terms of Sub - Section (c) of Section 7 herein, which said fee shall be paid at the office of the City Col- lector in advanoe. Section 8. Garbage shall be collected from private residences by the City at least once each week during the months from October 1 to April 1 and at least twice each week from the months April 1 to Aotober 1, and it is hereby made the duty of the occupants of every dwelling in the city to have garbage on their respective premises properly placed in approved cans and available for regular collections. Section 9. The fees herein provided for shall be payable in advance, shall be collected at such places and manner as the Mayor and Sanitation Department from time.to time prescribe. In the event thatfee provided for herein is not paid promptly when due, a penalty of 50X for e ach delinquent fee is hereby levied upon the person delinquent in payment and said penalty shall become a part of and be collected with regular A -4- fees heretofore levied. In the event that any fee levied herein remains unpaid for a period in excess of thirty days from the time the fee first becomes due, the City of Little Rock is hereby au- thorized to institute civil suit for the recovery of said fee with any penalties that may have attached thereto, plus court costs. Section 10. Inspectors employed by the Health Department and /or the Garbage Department of the City of Little Rock shall make regular inspections of all premises, alleys, and vacant lots and /or properties in the City of Little Rock and shall have the power to notify the owner or owners thereof of any unsan- itary conditions existing thereon. Wit#in Ten (10) days after such notice, it shall be the duty of the owner or owners of such prem- ises to immediately cause the removal of such unsanitary conditions and if such owner or owners do not so comply within Ten (10) days, the Inspectors of the Health and /or Garbage and Sanitation Depart- went shall be authorized to immediately correct such unsanitary condition. In addition, any person, firm, or corporation failing to obey such notice and continuing to maintain an unsanitary oondi- tion shall be deemed guilty of a misdemeanor and upon conviction shall be fined as hereinafter set out. Section 11. Any person, firm, or corporation vio- lating any provision of this ordinance, or failing to pay any of the fees herein provided, shall be deemed guilty of a misdemeanor, and upon conviction in the Little Rock Municipal Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Twenty- . Five Dollars ($25.00)• Section 12. It is distinctly provided that this ordinance does not in any way obligate City employees or City trucks to clean or pick up refuse or debris resulting from construction on property where buildings are being repaired or are under oonstructioms nor wood nor limbs resulting from removal of trees on private prop- erty. w s � y • i �. -5- Section 13• In the event that the fees collected under this ordinance exceed the cost of maintaining the functions contemplated under this ordinance, any such surplus shall be paid into the general funds of the City of Little Rock to be used for the maintenance of the Little Rook Health Department, Section 14. In those instances where fees have. been paid in advance upon the effective date of this ordinanoe under theterms of Ordinance No. 5745, the Sanitation Department shall make appropriate adjustments and /or refunds. Section 15. If any part or parts, sections or sub - sections of this ordinance be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordim nce. The City Council hereby declares that it would have passed the re- maining parts of this ordinance if it had known that such part t" or parts, sections or sub - seotions thereof would be declared unconstitutional or invalid. Section 16. All ordinances and parts of ordi- nances in conflict herewith are hereby repealed. Section 17. WHEREAS; it is necessary to make proper precaution and regulation and for the collection of garbage, the proper collection of same is necessary for the protection of the Citizens of the City of Little Rock, an emergency is hereby de- clared to exist and this ordinance is found to be necessary for the immediate preservation of the public peace, health, and safety, and the same shall be in full force and effect from and after its passage and approval. Passed; July 29, 1940 Approved Attes City C er i