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Ordinance #111

AN ORDINANCE AMENDING ORDINANCE NO. 103
GOVERNING SOLID WASTE; TO DECLARE AN EMERGENCY
AND FOR OTHER PURPOSES.
'WHEREAS, it has come to the attention of the Town Council
that Ordinance No. 103, land clearance, solid waste and abandoned
or inoperative motor vehicle, of the Code of Ordinances of the
Town of Johnson, Arkansas is in need of certain amendments to
update said Ordinance to current practices; and
WHEREAS, it is further necessary to amend said Ordinance to
add certain provisions governing the collection of residential
and commercial solid waste within the Town of Johnson, to assure
efficient, healthful and aesthetic operation of collection and
disposal of solid waste for the residents and business
establishments of the Town of Johnson.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF JOHNSON, ARKANSAS, that Ordinance No. 103 be amended by
adding more definitions in Section 1 - H, the substitution of the
new definition for solid waste in Section 1 - H (E) and adding a
new section entitled Solid Waste.
Section l(a): Amend Sections 1 - H of Ordinance No. 103 to
include the following definitions:
H. Approved Container - any container for solid waste, such
as plastic or metal garbage cans with tops, or plastic garbage
bags properly tied shut, which will hold solid waste, protect it

from the elements, and keep it contained for hand dumping into
collector trucks. containers when full should not exceed fifty
(50) pounds in weight.
I. Commercial/Industrial - places of commerce or industry
generating solid waste streams generally and typically 2 cubic
yards or more per week; and also multiple residential units or
business units occupying premises under common ownership, such as
shopping centers, apartments, and trailer parks, when a common
owner has elected to consolidate the solid waste stream thereby
generating solid waste typically and generally 2 cubic yards or
more per week.
J. Contractor or Private Solid Waste Contractor - that
sanitation company to which the Town's bid was let for the
Residential Solid Waste Contract, for units which generate less
than 2 cubic yards of solid waste per week.
K. Private Collector - any person or business entity which
meets Town qualifications and has a contract with the Town to
convey or transport solid waste within the Town of Johnson for
units which generate 2 cubic yards or more of solid waste per
week.
L. Units - places of residences or businesses within the
Town of Johnson which generally and typically generate less than
2 cubic yards of solid waste per week. With respect to
residences, a single unit is a dwelling place which a single
family or group of individuals regularly live and share common
bath and kitchen facilities. With respect to businesses, a
single unit is a single place of business owned and operated for

the benefit of tlie owner of the business. Combined units of
residences or businesses, such as apartments, trailer parks, or
shopping centers, if the waste stream is separated for each, such
unit, are considered as "Units" hereunder, unless the common
owner of all such units elects to combine said waste stream into
consolidated containers, thereby generating 2 cubic yards or more
per week, in which case, these units shall not be serviced
hereunder, but shall be serviced through the common owner by a
commercial/industrial contractor.
Section 1 (b) : Amend Section 1-H paragraph E of Ordinance
103 by deleting the existing definition of solid waste and
replacing it with the following addition:
E. Solid Waste - shall mean all putresible and nonputresible
waste in solid or semi-solid form including, but not
limited to, garbage, rubbish, ashes or incinerator res idue, or
street refuse, but excluding "extraordinary materials" and
"hazardous materials" as defined herein, except large branches,
trees, or bulky or non-combustible^materials not susceptible to
normal loading and collection in "loadpacker" type sanitation
equipment used for regular collections from domestic households
(tree trimmings shall be tied in bundles not exceeding four (4)
feet in length or weighing over fifty (50) pounds and placed at
the curb for pickup).
Section 2 Solid Waste: To amend Ordinance No, 103 to
include a new Section 2:
Section 2 fa) Authorized Collectors - All residents and
business establishments of the Town of Johnson who generate less

than 2 cubic yards of solid waste per week shall use the
residential contract service that has been awarded by the Town.
Those who generate 2 cubic yards or more of solid waste per week
shall contract with a licensed private collector for industrial
and commercial collection who meets all Town requirements.
Residents shall not negotiate solid waste services other than
those arranged by the Town and shall not opt to assume the
responsibility of disposal for themselves.
1i) Residential and Business Establishments Which Generate
Less Than 2 Cubic Yards of Solid Waste Per Week: The Town of
Johnson grants to the Private Solid Waste Contractor the
exclusive right and obligation to provide solid waste collection
services of residential and business establishments within the
Town boundaries, present and future, which generally and
typically generate less than 2 cubic yards of solid waste per
week (such establishments being referred to as "units"). The
terms of such exclusive franchise shall be in accordance with the
provisions of such sanitation contract between the Private Solid
Waste Contractor and the Town, No other person or entity except
said Contractor shall be permitted to convey or transport solid
waste for Units generating less than 2 cubic yards of solid waste
per week, within the Town of Johnson. Said Contractor shall pay
the Town a franchise fee for the privilege of doing business in
the Town pursuant to said contract.
(2) Commercial/Industrial Contracts. Private collectors
may execute agreements for the collection of solid waste from any
unit in the Town where the generator typically and generally

generates 2 cubic yards or more of solid waste per week. Any
such Private Collector must meet Town qualifications, execute a
contract with the Town, and pay the required license fee pursuant
to said contract prior to entering into any such agreements with
Commercial/Industrial units for the collection of such solid
waste.
'Sec. 2-b. Frequency of collection.
The Contractor shall furnish solid waste collection services
in the City to all residential and business establishments
generating less than two cubic yards of solid waste per week on
a weekly basis. The Contractor shall provide the Town with
schedules of residential collection routes and keep such
information current at all times. In the event of changes in
routes or schedules that will alter the day of pickup, the
Contractor shall notify each customer affected by mail or news
media not less than one week prior to the change.
Sec. 2~c. Conditions for collection.
Weekly collections are to be made under the following
.conditions:
(1) Containers Required. Each residential or business
establishment shall provide approved containers as defined by
this Ordinance.
(2) Yard and Other Trash. When the resident finds it
necessary to dispose of yard or other trash, excluding garbage
and empty containers, all such trash shall be placed in
disposable containers or tied in bundles not longer than four (4)
feet in length and weighing not more than fifty (50) pounds each

and snail be placed at the street curb by the residents on the
pickup date.
(3) Location. All solid waste shall be placed in approved
containers at a location, prior to scheduled collection, that is
readily accessible to the Contractor's personnel.
Residential - Solid waste shall be placed at a single
collection point within six (6) feet of the curb.
Business - Solid waste shall be kept on the premises in
approved containers at a location, prior to scheduled collection,
that is readily accessible to the Contractor's personnel.
Section 2-d. Accumulation or placement of containers so as
to create public nuisance.
(1) It shall be unlawful for the owner-, occupant, tenant or
lessee of any dwelling or place of business to allow solid waste
to accumulate on his premises, or to place or cause to be placed
the containers therefor in such a manner as to cause unsanitary
or unreasonably unsightly conditions in the Town.
If the owner of any dwelling or place of business, after
having been given three (3) days' notice in writing by the chief
of police, shall refuse or neglect to perform the duties in
connection with his or their property as specified in this
chapter, the chief of police is hereby authorized to enter upon
the property and have said solid waste removed and the costs
shall be charged against said premises. Any person cited shall
be guilty of a violation of this ordinance and punished as
provided by Section l-6.
(2) It shall be a violation of this section for such owner,

occupant, tenant or lessee to place more than twenty-four (24)
hours before, or to allow to remain more than twenty-four (24)
hours after, the scheduled collection date said trash or garbage
containers at the curbside pickup point except for a showing of
j ust cause. The collection date and curbside collection point
shall be established by the authorized agent, or his authorized
representative, who shall give adeguate notice thereof to each
owner, occupant, tenant or lessee.
(3) The curbside collection point is established only for
efficient and economical collection service, and it shall be the
duty of each premises' occupant to keep the containers at all
times other than as allowed by this section at a location on his
premises which is suitable and consistent with the standard set
forth in subsection (a) above.
Sec. 2-e. Removal of construction refuse and debris, old
appliances, etc.
The authorized Private Solid Waste Contractor shall not in
any way be reguired or obligated to collect or remove from
private property refuse or debris resulting from the repair,
razing or construction of buildings, nor to collect or remove old
stoves, refrigerators, etc., or wood or limbs resulting from the
removal of trees, nor to render any other service unless
specifically provided for in this chapter. The removal of such
items is the responsibility of the owner, occupant, tenant or
lessee of the property.
Section 2-f. Rates.
The rates to be charges for sanitation services shall be as

follows:
(1) For each Residential and Business Establishment Unit,
the rate for collection by Private Solid Waste Contractor shall
be consistent with the Private Solid Waste Collection Contract.
(2) For Commercial/Industrial Contracts, the rates assessed
by any approved Private Collector shall be negotiated and agreed
upon 'by and between the customer and the Private Collector.
Sec. 2-g. Payment of bill; delinquency.
(1) Responsibility for payment. The fact that legal title
to property in in any person, business or other entity,
constitutes prima facie proof that the person, business or other
entity is responsible for the payment of charges provided to a
tenant, agent or other person using the title holder's property
shall not be grounds for avoidance of Sections 1-g.
Sec. 2-h. Penalty.
Any person, business or other entity refusing or failing to
pay any charge assessed pursuant to the provisions of this
chapter, including both the failure to pay for private solid
waste collection and the failure to pay commercial or industrial
contracts, shall be guilty of a violation of this ordinance and
punished as provided by Section 1-g. Each act of violation and
each day upon which a violation occurs constitutes a separate
punishable offense.
EMERGENCY CLAUSE: It is hereby declared that an emergency
exists and that this ordinance being necessary for the
preservation of the health, safety, and welfare of the citizens
of Johnson, Arkansas, become effective immediately upon its

passage, approval and publication.