ORD NO 02-1965 ORDINANCE N0. 2 -1965
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF VAN BUREN
ARKANSAS TO SUBMIT TO THE ELECTORS OF SAID CITY THE QUESTION OF
PROVIDING FOR THE REGULATION OF REFUSE STORAGE, COLLECTION,
TRANSPORTATION, AND DISPOSAL.
BE IT ORDAINED by the City Council of the city of Van Buren,
Arkansas:
SECTION I. Definitions.
Item 1. This ordinance shall be known as the "garbage ordin-
ance" of the City of Van Buren, Arkansas.
Item 2. The term "premises" as used in this ordinance shall
be taken to mean business Houses, boarding houses, offices, theaters,
hotels, restaurants, cafes, eating houses, tourist camps, apart-
ments', sanitarians, rooming houses, schools, private residences,
vacant lots and other places within the city limits of the city of
Van Buren, Arkansas, where refuse, either garbage or rubbish,'
accumulates.
Item 3. The term ''refuse" shall be interpreted to mean all
solid including garbage and rubbish.
Item 4. The term "garabage" as used in this ordinance shall
mean all putrescible wastes, except sewage and body wastes,
including all meat, vegetable and fruit refuse, and carcasses of
small dead animals and dead fowls from any premises within the
city'limits..
Item 5. The terra "rubbish" as used in this ordinance shall
mean tin cans, bottles, papers, tree limbs (which shall be cut
into lengths not exceeding 3 feet), papers, etc. from any premises
within the city limits.
Item 6. "City Health Officer" as used herein shall mean the
City Health Officer of the City of Van Buren, Arkansas or his
authorized aoents.
.Item 7. The term "contractor" as used in this ordinance shall
mean the individual, partnership, or corporation with whom the
city contracts as an independent contractor to gather, haul, and
dispose of refuse, garbage, and rubbish as provided in this ordinance.
SECTION II. Accumulation of Garbage and Rubbish.
Item 1. It shall be the duty of every person, firm or torpor
ation owning, managing, operating, leasing or renting any premises,
or any place where garbage or rubbish accumulates, to provide,
and at all times to maintain in good order and repair on any said
premises, a portable container or containers for refuse, which
shall,be made of galvanized metal not easily corrodible, rodent and
fly psoff, with a tight fitting lid which shall not be removed
except when depositing or removing the contents of the receptacle,
S and with handles on the sides and of sufficient capacity and in
sufficient numbers to accomodate and securely keep all the garbage
and •rabbish that may accumulate between collections; provided,
that each such container shall have a capacity of not less than
twenty gallons nor more than thirty -two gallons, and shall not
exceed 75 pounds each when filled. Provided further all containers
shall.'be in good condition and kept clean and free from accumulation
of any substance remaining attached to inside of container which
would:attract or breed flies, mosquitoes or other insects:
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Item 2, It shall be the duly of every person, firm or corporation
owning, managing, pperating leasing or renting any premises to place
4 the daily accumulations of garbage and rubbish in the container or
containers required in Section 2, Item 1, and it shall be the duty
of every person placing garbage tnranybbmch containers to eliminate
as far as possible all water and liquid from such garbage and to
securely wrap garbage in paper before placing same in such container.
',.;Item 3, All ordinary accumulations of rubbish such as tree
limbs, paper boxes, and scrap lumber which cannot be conveniently
placed in the containers required under this ordinance shallybe
gathered together and haled, tied or sacked in compact bundles and
placed in an location easily accessible for the collector. 'A
reasonable amount of material such as scrap lumber and fire wood
may be stored on the premises but it shall be racked and stacked in
such'a manner as not to attract or harber vermin.
SECTION III. Collection of Garbage and Rubbish.
Item 1. The Contractor shall collect from each premises in
the city not less than once each week, all garbage and rubbish;
provided it shall be the duty of any person in possession or control
of any premises to place the containers required in Item 1, Sectmon 2,
in allocation easily accessible for the collector.
Item 2. The places of excessive accumulations of garbage and
rubbish shall receive one service each week. All excessive
accumulations shall then be removed and disposed of at the expense
of the owner or person having some in charge. The owner or person
having such accumulations in charge may dispose of such rubbish
and.garbege by private contract with any person, firm, or cor-
poration of thicr choice, or may dispose of the same themselves,
providing that the parson, firm, or corporation handling and-dis-
posing of such accumulations shall secure from the City of Van
Buren a written permit for removal and disposal of same. Said
permit shall be issued only after the City Health Officer has
satisfied himself that the parson disposing of such excessive
garbage and rubbish is capable of complying with the requirements
of this ordinance. The permit may be revoked by the City Health
Officer when deemed necessary in order to preserve the bublic health
and welfare.
Item 3. Heavy dead animals, such as cows, horses, and mules,
shall be removed and disposed of at,the expense of the owner'or
person having same in charge and by the method directed by the
City"Health Officer.
Item 4. Heavy accumulations such as brush, broken concrete,
ashes, sand or gravel, automobile frames, dead trees, and other
bulky, heavy materials shall be disposed of at the expense of the
owner or person controlling same under the direction of the
City Health Officer.
Item 5. Manure from cowlots, horse stables, poultry yards,
pigeon lofts, and other animal or fowl pens, and waste oils from
garages or filling stations shall be stored, removed, and disposed
of at the expense of the person controlling same in the manner and
by the method directed by the City Health Officer.
Item 6. The placing of gsrbage or rubbish or any refuse
material in any street or alley within the city limits pr the
disposal of such refuse at any place within the city limits,
except at the Sanitary Disposal Ground, or at such other place as
may be directed by the City Health Officer, is prohibited.
.Item 7. The meddling with refuse containers or in any way
pilfering, scattering contents or junking in any alley or street
within the city limits is prohibited.
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Item 8. The collection of garbage or rubbish or any kind
lir of junk within the city limits is prohibited except as provided
for in Section 3, Items 2, 3, 4, and 5 of this ordinance.
SECTION IV. Equipment used in the transportation of all
refuse shall meet the approval of the City
Health Officer.
SECTION V. It shall be the duty of the City Health Officer
of the City of Van Buren, Arkansas, or his authorized agent, and
he is hereby directed, to make all necessary inspections and
investigations of any and all premises to see that the terms of
this ordinance are complied with.
SECTION VII.. The disposal of garbage and rubbish shall be by
an approved method of incineration or by sanitary landfill and
cover. The method of disposal shall be approved by the City Health
Officer.
SECTION VII. There shall be charged, assessed and collected
from each premises within the city limits the monthly amount of
The City Clerk shall collect this garbage and rubbish
fees either through the water department as a separate item on
each water bill or by any other practical means of collection.
The :contractor or any other firm, corporation, or partnership
gathering and disposing of excessive garbage and rubbish shall
eadh make their own arrangements for collection with the owner or
occupant.
SECTION VIII. Any parson violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be fined in any sum of not less than
0P nor more than x50.00 and each day that any such person shall
violate any of the provisions of this ordinance shall constitute
a separate offense and be punishable as such.
;SECTION IX. The City is hereby authorized and empowered to
enter. into a contract with any individual, firm, or partnership
for the collection and disposal of garbage, rubbish, and refuse
under;'the terms of this ordinance, which contract shall extend
for: a: term of five years. In the event the contract with the
contractor is not renewed at the expiration of the five -year
term, the person, firm, or corporation with whom the city contracts
shall be required to purchase the equipment belonging to the
contractor, which is necessary and proper for the operation and
fulfillment of the contract, which equipment shall be purchased
at tts fair market value. In the event the City should itself
assume the duties of the contractor, the city shall purchase such
equipment at its fair market value. This section applies only to
the, 'items of equipment necessary and proper for the fulfillment
of the Contractor's Contract with the City and shall not include
4 such items as real property. The Contract shall require the
contractor to maintain sufficient packer type trucks, or other
trucks and equipment necessary to serve the city, all of which
shall: be new at the time it is placed in service. The contractor
shell also be required to acquire and maintain a sanitary landfill
disposal ground it the contractor's expense, which shall meet with
the Standards of the Arkansas State Health Department and approved
by the City of Van Buren.
SECTION X. This ordinance shall be cumulative of all other
sanitary ordinances, or regulations of the City of Van Buren,
Arkansas, unless in conflict with the terms of said ordinances and
regulations, in which case the terms of this ordinance shall
prevaill
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SECTION XI. That if any section, paragraph, sentence, clause
or phrase of this ordinance be declared unconstitutional or invalid
for any reason, the remainder of this ordinance shall not be
affected thereby.
'SECTION XII. That this is a matter of great public interest
to the citizens of Van Buren and should be referred to the electors
of the City for their approval and therefore a special election
is hereby called to be held in said city on Saturday, February
27, 1965, the questions of Regulation of Refuse, storage, collection„
transportation and disposal.
SECTION XIII. That only qualified electors of the City shall
be entitled to vote, and the election shall be held and conducted
and the result shall be ascertained and declared according to
Arkansas statutes governing special elections, so far as they are
applicable, a certified copy of this ordinance shall be delivered
to the Crawford County Board of Election Commissioners so that it
may provide the officials and supplied for holding the election.
SECTION XIV. The Mayor of this City is hereby instructed to
publish notice of the elction once a week for three weeks. Said
publication shall be a newspaper published and having a bona fide
circulation in said city.
SECTION XV. The ballot shall be in substantially the follow.
ing form;
BALLOT
SPECIAL ELECTION
CITY OF VAN BUREN, ARKANSAS
FEBRUARY 27, 1965
Vote on measure by placing an "X" in the square opposit the
measure either for or against.
For the Regulation of refuse storage, collection, transportation
and disposal
Against the Regulation of refuse storage, collection, transportation
and disposal
='The ordinance provides for the regulation of Refuse storage,
collection, transportation and disposal.
List of voters Number
SECTION XVI. That the City Council hereby finds that there is
an urgent need for the regulation of Refuse storage, collection,
transportation and disposal, in order to preserve the public peace,
health, and safety; therefore, an emergency exists and this
ordinance shall take effect and be in force from and after its
passage.
Passed February 9, 1965.
Allen R. Toothaker (s)
Mayor
6 Geo, -.[L. Crofton (s)
City Clerk
f r
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CERTIFICATE
I, the undersigned, City Clerk of Van Buren, Arkansas, certify
the foregoing to be a true copy of an ordinance passed by the City
Council at a duly called and constituted meeting at which 6.
aldermen of a total of 6 members elect of said council were
present and 6 voted for passage of the ordinance.
Certified under my hand and seal of said City this 9th day of
February, 1965.
Geo L Crofton
City Clerk