* Prior ordinance history: Ords. 2051 and 2094.

The city council finds that the maintenance of health and sanitation requires compulsory and universal collection, removal and disposal of refuse and garbage, except in the South March Point annexation area for a period of seven years of the date of annexation. (Ord. 2433, 1997: Ord. 1845 § 1, 1981)

A. “Commercial building or customer” means a building or buildings used for purposes other than residential as defined herein, and all sites producing wastes, including but not limited to retail businesses, manufacturing establishments, marinas, schools, hospitals, apartment buildings.
B. “Dwelling unit” means one room or rooms connected together, constituting a separate, independent housekeeping establishment for owner/occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
C. “Garbage” includes all putrescible wastes, except sewage and body wastes, vegetable wastes, animal offal and carcasses of dead animals, and all substances from all public and private establishments and residences, but excluding recognized industrial byproducts.
D. “Hazardous waste” includes any waste, including explosives, petroleum derivatives, or highly contaminated materials, which in the opinion of the director of public works would constitute a danger to collection personnel or to anyone who may come in contact with such waste.
E. “Industrial refuse” includes solid waste materials from factories, processing plants or other manufacturing enterprises. The words include putrescible garbage from food processing plants and slaughter houses, condemned foods, building rubbish and miscellaneous manufacturing refuse.
F. “Persons” includes individuals, partnerships, corporations and associations.
G. “Refuse” includes ashes, garbage, rubbish, swill and all other putrescible and nonputrescible wastes, except sewage, from all public and private establishments and residences.
H. “Residential building” means a structure utilized for not more than three dwelling units.
I. “Rubbish” includes all nonputrescible waste materials, except ashes, which are rejected, abandoned or discarded by the owners or producers thereof as offensive, useless or no longer desired by producers thereof, and which, by their presence or accumulation may affect injuriously the health, comfort or safety of the community by increasing disease or hazard by fire. The term includes paper, cartons, boxes, bottles, cans, wood, tree branches, yard trimmings, furniture, bedding, metals, dirt, glass, crockery and similar substances or materials of the nature described from all public and private establishments and residences. (Ord. 1845 § 2, 1981)

The responsibility for administration of this chapter shall be the city sanitation department under the direction of the director of public works. (Ord. 1845 § 3, 1981)

It shall be the duty of every person in possession, charge, or control of any premises within the city, at all times to keep or cause to be kept portable containers meeting the standards and specifications of this chapter for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein, and to place said containers in a location as specified in this chapter for collection by the city sanitation department. (Ord. 1845 § 4(a), 1981)

Lessors of any occupied premises shall furnish or cause to be furnished to the lessees of occupied premises containers meeting the specifications of this chapter in sufficient numbers to dispose of garbage and refuse produced by said lessees. (Ord. 1845 § 4(b), 1981)

Where a person’s residential property abuts a developed public alley, containers shall be placed in plain view adjacent to the alley and no further than five feet from developed portion of said alley. If said property does not abut a developed public alley, container shall be placed in plain view at the curbline or on the shoulder of a developed public street. In cases where residential property does not abut on either a developed public alley or a developed public street, container shall be placed at such locations as are designated by the director of the public works for the city. (Ord. 1845 § 4(c) (part), 1981)

Containers shall be left within public street right-of-way only so long as it is necessary to provide collection by the sanitation department. (Ord. 1845 § 4(c) (part), 1981)

Commercial customers shall place containers at such locations as designated by the director of public works who shall make determinations based on efficient solid waste collection by the sanitation department. Commercial containers shall be placed on a hard surface pad in such a way as to facilitate collection. (Ord. 1845 § 4(d), 1981)

The covers on garbage containers shall be kept secure and fastened at all times so that flies, insects, dogs and other scavengers cannot gain access. (Ord. 1845 § 4(e), 1981)

Every person in possession, charge, control of any premises within the city, shall maintain the area adjacent to their garbage and refuse containers clean and free from garbage, refuse and rubbish. (Ord. 1845 § 4(f), 1981)

Persons using well-type or sunken containers must remove said containers from the well prior to collection and place said cans at locations indicated in this chapter. (Ord. 1845 § 4(g), 1981)

Persons who, due to physical incapacity, are unable to place garbage containers in the locations specified by this chapter may apply for a waiver from the department of public works to allow collection at locations more distant from public right-of-way. As part of said waiver application, the director of public works may require medical reports or other evidence of the physical incapacity. (Ord. 1845 § 4(h), 1981)

Containers for private residences shall be water-tight, leak-proof, constructed of materials approved by the county health department as being impervious to rodent gnawing, of not more than fifty-five pounds in weight including contents thereof nor more than ten pounds empty, and not more than thirty-two gallon capacity, shall have two secure handles at the sides thereof, shall have no sharp metal edges or any other condition of the container which would make handling thereof dangerous. It shall be equipped with a lid which shall be designed so as to remain in place, but not permanently attached, so that containers are covered except when necessary to place garbage and refuse in such containers or to remove the same therefrom. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulated grease and decomposing materials. (Ord. 2393 § 1 (part), 1996: Ord. 1845 § 5 (part), 1981)

Containers of large capacities for the bulk collection of garbage and refuse may be used with the approval of the public works department. Such approval shall be obtained prior to those containers being placed in service and those containers shall meet all requirements of the sanitation department and be supplied by the city sanitation department. (Ord. 2393 § 1 (part), 1996: Ord. 1845 § 5 (part), 1981)

It is unlawful for any person, firm or corporation, to scatter, throw, deposit, etc., any garbage, refuse, or rubbish, or other substance which may be unsightly, offensive to smell or injurious to health, on any private yard, lot, building, sidewalk, street, alley, or any other public place other than in the type of container provided for by this chapter. (Ord. 1845 § 6(a), 1981)

It is unlawful for any person to wilfully damage or destroy any garbage container belonging to any other person. (Ord. 1845 § 6(b), 1981)

No person shall place garbage, refuse, rubbish, or other substances in any garbage container not owned by him or her or provided for his or her use and without the permission of the owner thereof. (Ord. 2153 § 1, 1990)

A violation of Section 8.04.161 shall constitute a crime. (Ord. 2153 § 2, 1990)

It is unlawful for any person to collect, convey or dispose of garbage, refuse, or rubbish except the actual producers who desire to personally dispose of it and outside collectors who convey across city streets and who are licensed by the city. All other collection shall be done by the city department of sanitation. (Ord. 1845 § 6(c), 1981)

It is unlawful for any person other than an authorized contractor or the city sanitation department to remove or collect any recyclable materials which have been placed out for collection at approved collection points by the occupiers of residential property; provided, however, that it shall not be unlawful to collect recyclable materials by any persons at a location where it is legal to accept such materials. (Ord. 2228 § 1, 1992)

It is unlawful to place hazardous wastes in containers for collection by the sanitation department or its licensees without a special permit issued by the director of public works. (Ord. 1845 § 6(d), 1981)

A special permit shall be required from the city sanitation department for the collection, removal, and disposal of garbage, refuse and rubbish by other than city personnel. Such special permit shall have a maximum term of one year and renewal of such permit shall be at the discretion of the city department of sanitation. Any special permit may be canceled upon thirty days written notice or without prior notice upon the violation of any terms of the permit. The city department of sanitation may issue special permits for the collection, removal and disposal of garbage and refuse for the following reasons only, and such special permits shall be subject to the terms and conditions contained in the permit and the rules and regulations of the department of public works for the city:
A. For collection, removal, and disposal of garbage and refuse from isolated premises or premises where there is not reasonable access by city vehicles;
B. To provide temporary special bulk container service to specific refuse utility customers in the event that the city department of sanitation cannot provide said service. (Ord. 1845 § 7, 1981)

The city sanitation department shall collect, remove and dispose of all garbage and refuse from all occupied residential premises within the city at least once each week, and from all other occupied premises as often as required by said department, and there be and there is levied and imposed upon said premises mandatory service charges which shall be applied against all occupied property within the city whether or not garbage is actually produced for collection and whether or not the owner occupier of said premises provides an alternative means of disposing of said garbage except as provided in Section 8.04.190. (Ord. 1845 § 8, 1981)

The city shall operate a waste disposal collection center to which citizens may haul any types of refuse which could also be collected by sanitation division crews on normal garbage routes (yard waste and hazardous waste excluded). Any material that cannot be collected along with normal garbage is also prohibited form disposal at this new collection center. In order to be eligible to use this new service, citizens must show some form of valid photo identification and a current city of Anacortes residential utility bill or other acceptable current proof of residence. Only residential waste may be disposed of under this program; commercial or industrial waste will not be accepted at this disposal center. No fees shall be accepted or collected at the waste disposal collection center; all charges will be billed to a city utility billing account which the customer is authorized to charge against. Specific operational procedures shall be defined in regulations promulgated by the sanitation division of the city public works department. (Ord. 2501 § 1, 1999)

The rates that shall be charged for pickup and disposal of garbage and refuse, excluding recycleable materials as defined in Section 8.04.270 and yard waste as defined in Section 8.04.280:
For each residential unit (one pickup per week):

(Ord. 2439 § 1, 1997)

The rates that shall be charged for pickup and removal of garbage and refuse from commercial buildings, excluding yard waste as defined in Section 8.04.270:

One pickup per week:

(Ord. 2439 § 2, 1997)

Normal pickups will be established on a standard basis per customer (e.g., one can per week, two cans per week). When this standard is exceeded, extra garbage will only be picked up in city prepaid bags or by special haul.
A. Prepaid Bags. Costs to citizens of Anacortes shall be two dollars and fifty cents per refuse collection bag, which will be prepaid. Bags shall be available at City Hall for two dollars and fifty cents, and shall also be distributed to certain retail outlets who are willing to provide this service at the cost of two dollars and twenty-five cents per bag, which bag shall be resold for no more than two dollars and fifty cents.
Such bags shall not be used for disposal of any items not allowed to be disposed of under current city ordinances relating to solid waste disposal.
All bags used by a consumer and set out for collection shall be set out at the normal location for can collection and shall be tied closed and secured so as to prevent escape of litter and refuse.
B. Special Haul. Large quantities of refuse of one cubic yard or more will be charged on the basis of thirty dollars per loose cubic yard.
C. Customer Haul to Disposal Center. Disposal fee will be charged on the basis of fifteen dollars per loose cubic yard. (Ord. 2501 §2, 1999; Ord. 2439 § 3, 1997)

A. Rates that Shall be Charged for Pickup of Garbage and Refuse from Commercial Containers. If more than one pickup per week is required on a continuing basis and the customer is utilizing a container smaller than a six cubic yard capacity, a larger container shall be required. The city may, at the discretion of the director of public works, authorize more than one pickup per week under the following circumstances:
1. Where the largest container provided by the city is not adequate for the amount of waste generated;
2. Where more than one pickup per week is required to maintain proper health and sanitation;
3. Where a larger container cannot reasonably be placed on the customer’s property due to space limitation.
B. In cases where additional pickups are requested to accommodate temporary increases in the amount of waste generated, additional pickups shall be made at a rate equal to the commercial container rates contained in this article.

One pickup per week:

(Ord. 2439 § 4A, 1997)

Charges for use of containers on a temporary or nonpermanent basis shall be as follows:

(Ord. 2469 § 1, 1998: Ord. 2439 § 4B, 1997)

A. Rates that Shall be Charged for Pickup and Disposal of Recycleable Materials. Residential recycling collection and disposal shall be a mandatory service. Recycleable materials consist of newsprint, mixed paper and cardboard, glass containers (not window or light bulb glass), plastic containers (with recycling symbol #1 or #2 only), dry cell batteries, and any other materials which shall be designated from time to time.
B. Collection rates for residential recycling shall be as follows:
Single-family residence: $3.00
Multifamily (per unit): 2.50
(Ord. 2505 § 1, 1999; Ord. 2439 § 5, 1997)

Yard waste consists of grass clippings, leaves, branches of three inches or less in diameter, and other yard debris associated with lawns, shrubs, vegetable and flower gardens. Yard waste does not include dirt, rocks, sod, pre or post-consumer food stuffs, manure, wood waste or land clearing debris.
Charge for pickup of yard waste shall be as provided in this section, provided the residential customer has notified the city that residential yard service is desired in accordance with rules and regulations established by Anacortes sanitation division, as follows:
A. Service shall be year-around. March through November shall be one pickup per week. December through February shall be one pickup per month.
B. Yard waste as defined above shall not be mixed with or placed in cans containing garbage or refuse, or placed in the city’s pre-paid bags.
C. Charges for yard waste service (ninety-six gallon carts) are:
1. Single-Family Houses, Duplexes, Triplexes, and Fourplexes:

a. March--November $8.50 per cart per month (weekly pickup)

b. December--February $3.35 per cart per month (monthly pickup)
2. Commercial Businesses and Multifamily Complexes Greater Than Four Units:
a. $3.00 per cart dump

b. March--November $15.00 monthly minimum (4--5 dumps)

c. December--February $3.00 monthly minimum (1 dump)
3. Extra Yard Waste Cart Rental.
a. $1.50 per cart per month.
(Ord. 2439 § 6, 1997)

Rates for Pickup and Disposal of Certain Large Items. For especially large or heavy items, special arrangements should be made with the sanitation department for the pickup.

(Ord. 2501 §3, 1999; Ord. 2439 §7, 1997)

A. Where city sanitation personnel are unable to empty a sanitation container due to said container being inaccessible or overloaded, the customer responsible for such container shall be charged a twenty-five-dollar fee if the sanitation department is required to make a return trip to empty said container or containers.
B. Any customer assessed the twenty-five-dollar return fee charge may appeal the assessment of said charge to the director of public works who shall have authority to waive said charge if he finds that the blockage of said container was not the fault of the customer, the customer has not had any prior instances where the container has been blocked, and/or the customer has taken appropriate steps to correct the situation in the future. (Ord. 2374 §§ 1, 2, 1995)

Reduced utility rates will apply to property owners who do not occupy their residences in accordance with the provisions of this section.
A. Eligibility. Property owners who do not occupy or otherwise use their property in a manner that results in the use of the products or services of city utilities.
1. Property owners must be absent for more than three months but not to exceed one year. During this period, eligible property owners will not be required to pay for collection of solid waste (garbage) or recycling.
B. Procedure. Eligible property owners must apply for reduced utility rates by making application to the finance department. The application form includes the effective date and estimated date for resumption of service. The approved application start date for reduced service will be used to calculate the three month minimum and one year maximum benefit periods.
C. Property Owners Duty to Notify. The property owner is required to notify the city of their intent to reoccupy their property prior to the occupancy or no later then the first working day after they have re-occupied the property.
D. Absence Less Than Required Minimum. Property owners who re-occupy their property prior to fulfiling the minimum absence requirement must notify the city finance department of the re-occupancy of the property in accordance with the above. Absences of less than three months will make the property ineligible for the reduced utility rates.
E. Use of Utility Services During Absences. Use of utility services during the approved reduced utility rate period will make the property ineligible for the reduced rate. (Ord. 2618 § 1, 2003)