HomeMy WebLinkAboutORDINANCE NO. 08-03-04ORDINANCE NO. 08-03-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 17, ORDINANCE REGULATING
PUBLIC WORKS, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE
CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN
THE FUTURE AS CHAPTER 17 (PUBLIC WORKS) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in session on the 17`h day of March, 2008 at
6:00 pm. as follows:
SECTION 1. That the Ordinance relating to Public Works is hereby adopted and approved; and is
attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 17 of the Code of Ordinances of the
City of Milton, Georgia; and,
SECTION 3. This Ordinance is effective on the date shown below and,
ORDAINED this the 17`h day of March, 2008.
Attest:
Qeahette R. Marchiafava, City Clerk
(Seal)
Approved:
(,--A //""
Joe Lockwood, M r
Chapter 17: Public Works
Article 1: Garbage and Solid Waste.
Section 1: Definitions.
This Article regulates the collection and disposal of waste and garbage, including, but not
limited to all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily disposed from residences, churches,
schools, small business establishments, and other such places. Animals, fowl, and fish
entrails, bones and carcasses whether in whole or in part, from business establishments such
as slaughterhouses and meat and fish markets shall not constitute "garbage", but shall
constitute "other waste." Waste also includes animal, fowl, and fish excrement, entrails,
bones, carcasses in whole or in part and dead animals, and any other refuse material not
otherwise classified herein.
Section 2: Right to Contract.
The City is empowered to contract with one or several third parties to collect and dispose of
all garbage, waste, commercial waste, and yard waste generated by the City. In addition, the
POM City may sell franchise rights in garbage collection to third parties.
irrr Section 3: Collection of Fees.
(a) The City may levy fees against residents specifically for the disposal and collection of
waste generated in the City. Such funds shall go exclusively towards collecting and
disposing of City waste.
(b) The City Accountant shall prepare recommendations to the Council regarding fees to
be charged for waste disposal. The City Accountant shall request proposals for the
recycling of waste and make a subsequent recommendation to the Council regarding
the feasibility and cost of a recycling program.
(c) The City may levy different fees against commercial entities and residential property.
The City may also levy different fees based on size or property, number of residents,
or other factors recommended by the City Accountant.
Section 4: Medical Waste.
Hospitals and health care professionals or other entities disposing of medical waste
including, but not limited to any device used to puncture or lacerate skin, shall be disposed of
in a manner consistent with federal and state regulations.
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Section 5: Littering Prohibited.
(a) Acts Defined.
(i) Public Littering. It shall be unlawful for any person, firm or corporation, in
person or by his agent, employee, or servant, to cast, throw, sweep, sift, or
deposit in any manner in or upon any public way or other public place in the
City or the river, creek, branch, public water, drain, sewer, or receiving basin
within the jurisdiction of the City, any kind of leaves, dirt, rubbish, waste
article, thing, or substance whatsoever, whether liquid or solid. Nor shall any
person, firm, or corporation cast, throw, sweep, sift, or deposit any of the
aforementioned items anywhere within the jurisdiction of the City in such
manner that it may be carried or deposited in whole or in part, by the action of
the sun, wind, rain, or snow, into any of the aforementioned places; provided,
that this section shall not apply to the deposit of material under a permit
authorized by any ordinance of the City; or to goods, wares, or merchandise
deposited upon any public way or other public place temporarily, in the
necessary course of trade, and removed therefrom within 2 hours after being
so deposited; or to articles or things deposited in or conducted into the City
sewer system through lawful drains in accordance with the ordinances of the
City relating thereto.
(ii) Private Littering. The acts described in Section (5)(a)(i) of this Article shall
also apply to acts committed to or against private property without the consent
r.. of the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other
similar forms of containers shall provide adequate metal or plastic containers upon
the premises for collection of refuse. It shall be the express responsibility of all such
business firms to collect all cups, plates, wrappers, sacks, and other similar forms of
containers dispensed by said business that may discarded upon the premises or
neighboring street and sidewalks. It further shall be the responsibility of said business
to collect the aforementioned items from the premises of the neighboring property
when the owners of the property specifically request and authorize the business
personnel to enter upon their property for that purpose.
(c) Any person who shall violate any of the provisions of, or who fails to perform any
duty imposed by this section or who violates any order or determination of the
department promulgated pursuant to this Article shall be punished as directed by law,
and in addition thereto, may be enjoined from continuing the violation. Each day a
violation occurs shall constitute a separate offense. Any willful and wanton violation
of this subsection resulting in the unlawful littering of the streets, sidewalks, and
neighboring property shall be deemed a nuisance and on conviction thereof by the
City Court of Milton, the Mayor and Council may after notice and a hearing revoke
the business license of the violator.
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