HomeMy WebLinkAboutOrdinance No. O04-08ORDINANCE NO. 004-08
ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 8 FOR THE
PURPOSE OF REVISING THE PROCEDURE THE CITY UTILIZES TO ESTABLISH
THE NONRESIDENTIAL GARBAGE FEES AND RATES IN THE LAUREL
MUNICIPAL CODE.
WHEREAS, Section 8.04.020 of the Laurel Municipal Code authorizes the City Council
to regulate and control the disposal of garbage, rubbish and other wastes through orders of the
City Council adopted through Ordinances or Resolutions;
WHEREAS, Chapter 8 establishes two classes of users, specifically, residential and
nonresidential;
WHEREAS, Section 8.04.040 provides that the residential rotes shall be established by
resolution of the City Council and the nonresidential rates are provided directly in Chapter 8,
making it difficult for the City Council to adjust nonresidential rates when necessary without
formally amending the entire Ordinance, creating a hardship on the City Council;
WHEREAS, the City Council has determined it is fair and equitable to have similar
processes for establishing rates and rate structures for both residential and nonresidential classes
of users.
IT IS HEREBY ORDAINED by the City Council of the City of Lanrel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
8.04.060 Nonresidential garbage fees.
A. All business, commercial, educational and other nonresidential buildings and other
institutions shall be placed into fair and reasonable classes for the purpose of establishing rates
for garbage and rubbish accumulation and removal through Resolution of the City Council. ~r~,~. _~
Un'.'t
1 1.0
2 1.5
3 2.0
4 2.5
5
7
I II III !V V V!
AECD BCD CD D-r~ D
004-08 Commercial Garbage Ordinance
9 cFI
!0
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12 6.5
!3 7.9
14 7.5
!6
!7
!8
................... ; .... a ........... ; ....................... ; ............... dira:tor.
E. All ~solufions approwd by the city co.oil ~der ~is section shall be placed on file in ~e
office of~e city clerk-eeas~er for public inspection w~le in force. (Ord. 97-2 ~ 4 ~), 1997;
prior code ~ 8.12.034)
8.04.070 Commercial rates.
The calendar year refuse collection fee for businesses and commercial, educational and other
nonresidential buildings and other institutions shall be equal to the rates and fees established
from time to time by resolution of the ci ' ~
ty council, .........
,,.~. a.^ ,~.~ ~, c^.~. :~ ~,:~... o n~ n<^ No collections shall be made from inside
structure or other enclosure. (Prior code § 8.12.042)
8.04.080 Minimum commercial fee.
The minimum fee for each business, COMMERCIAL, educational, and other nonresidential
building and other institution shall not be less than the minimum annual residential fee. (Prior
code § 8.12.044)
O04-08 Commercial Garbage Ordinance
8.04.090 Commercial
classification-Sanitation
director authority.
A. Each business, commemial, educational, and other nonresidential building and other
institutions shall be placed in a commercial classification ~r ~u~ ,~ ~, r~...u :~ ~,:~.,
~°.0~.·060, upon the recommendation of the sanitation director after determination of the type of
garbage, the volume of garbage, the degree of usage and the required service of the user.
VI). Such classification shall be adopted through City Council Resolution.
B. User classification, anduser's volume of garbage and degree ofase may be reviewed by the
sanitation director upon request of a commercial, educational or other nonresidential user, but no
more than one such request per calendar year shall be allowed. (Prior Code § $.12.046)
This Ordinance becomes effective thirty (30) days after final passage by the City Council and
approval by the Mayor·
Introduced and passed on first reading at a regular meeting of the City Council on
November 16 ,2004, by Alderman Dart
of
PASSED and ADOPTED by the Laurel City Council on second reading this 3rd day
Flay ,2005, upon motion of Alderman Oakes
APPROVED BY THE MAYOR this 3rd day of Flay ,2005.
ffI~nneth E. -Olson, Jr. /
ATTEST:
Mary K. Embleton, Clerk-Treasurer
~am'IS. ~r,X,~a~'~'ounsel
Elk River Law Office, P.L.L.P.
004-08 Commercial Garbage Ordinance