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HomeMy WebLinkAbout12/4/2018 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, December 4, 2018 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of minutes of the Regular Council meeting of November 20, 2018 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Introduction of new employees – Chasity Barbour H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. TOWN ATTORNEY J. TOWN MANAGER 1. BRIEFINGS a. Briefing on proposed Ordinance to repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste, in its entirety by adopting and enacting Article 1, In General, Article II, Recycling and Article III, Penalties of Chapter 78, Solid Waste, of the Town Code. Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. ITEMS REQUIRING ACTION 3. COMMENTS/UPDATES K. REPORTS FROM COUNCIL COMMITTEES L. MAYOR M. COUNCIL N. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: December 5, 2018 – 8:00 a.m. – Vinton Area Chamber of Commerce - State of the Town/Membership Meeting – Vinton War Memorial December 10, 2018 – 2:30 p.m. – Finance Committee meeting – TOV Conference Room December 18, 2018 – 6:00 p.m. – Joint Work Session with Planning Commission followed by 7:00 p.m. – Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date December 4, 2018 Department Town Clerk Issue Consider approval of minutes of the Regular Council meeting of November 20, 2018 Summary None Attachments November 20, 2018 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 20, 2018, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Michael W. Stovall MEMBERS ABSENT: Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Treasurer/Finance Director Joey Hiner, Public Works Director Thomas Foster, Police Chief Anita McMillan, Planning & Zoning Director 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Stovall, Vice Mayor Liles and Mayor Grose present. Council Member Scheid was absent. Roll call After a Moment of Silence, Joey Hiner, led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: State of the Town was postponed to December 5 – 8:00 a.m. – Vinton War Memorial and December 6 – Vinton Christmas Parade with the Spaghetti Dinner from 4:00-7:00 p.m. night. Council Member McCarty made a motion to approve the Consent Agenda as presented motion was seconded by Vice Mayor Liles and voting: Vote 4-0; Yeas (4) – McCarty, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - Scheid. Approved minutes of Regular Council meeting of October 16, 2018 and Regular Council meeting of November 6, 2018; adopted Resolution No. 2273 appropriating $22,125.00 received from the Department Vehicles, $22,125.00 in Federal funds and the Town’s required in-kind match Enforcement, training, and equipment; adopted Resolution No. 2274 Vehicl and the Town’s required $17,464.00 in- kind match, for the participation in the 2 Under awards, introductions, presentations, Chief Foster Miranda (Roxie) Brown as the congratulated Officer Brown. The next item on the agenda was a briefing from the activity associated with the Roanoke River Blueway. Amanda McGee, Regional Planner with the Regional Commission made opening comments and then reviewed the PowerPoint presentation part of the agenda package. (The file in the Town Clerk’s Office and will be made a part of the permanent record.) Anita McMillan commented that she and Pete Peters are members of the Blueway Committee. In the past the Fall Waterways Clean- using the Tinker Creek Canoe Launch Town AEP and a grant from DCR, the canoe launch was improved to use that launch to access Tinker Creek. Council Member Sto probably be interested in participating. Special Events Security Planning. Chief Foster first around the world you will see an event that is being utilized by terrorist organizations. Chief Foster then reviewed a (The presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record.) The Town Manager commented that this presentation was given to the Public Safety Committee and then brought to Council. for the number of events we are having in Town now and p 3 The next item on the agenda was to consider adoption a Resolution approving Maintenance & Repairs Equipment to cover one-half the engine replacement for the Vinton Volunteer First Aid Crew 2012 Ford Ambulance (Medic 21). The Town Manager commented that Ford. The First Aid Crew has ordered the engine cost of the engine replacement by paying one-half (1/2) of the estimated cost not to exceed $8,000.00. Council was briefed on the matter at their November 6, 2018, meeting and the Vinton Volunteer First Aid Crew. Vice Mayor Liles commented that reached a fair agreement and m adopt the Resolution as presented. agreement does show due the Town. He then commented on the possible class action lawsuit or rebate mitigation concerning this Town Attorney could follow-up with the County Attorney concerning this matter. make sure that once the engine gets fixed vehicle is turned over to the County that still gets their half of any settlement or rebate. The Town Manager commented that the Resolution Crew. The Town Manager stipulations contained in the letter relating to the title being transferred; the Town being held harmless for all future maintenance costs with future maintenance of said ambulance being the responsibility of the First Aid Crew and received from For class-action lawsuit or other settlemen shared paid. The Town Attorney commented that the Town and 4 expense now before the title is to be conveyed to the County. Town’s claim against Ford Motor Company. Doug Adams commented from the audience that he heard this week fr the three vehicles that are involved at this time. The with the County Attorney. The motion was then seconded by Council Member Stovall with all members voting: Vote 4-0; Yeas (4) – McCarty, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - Scheid. Adopted Resolution cover one- Ambulance (Medic 21) The next item on the agenda was to consider a meeting. first Council meeting in 2019 falls on New Year’s Day and that is a holiday. Council Member McCarty made a motion to Council meeting; the motion was seconded by Vice Mayor Liles all members voting: Vote 4-0; Yeas (4) – McCarty, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - Scheid. Cancelled the January 1, 2019 Council meeting The Town Manager commented that the new refuse truck ha service since Monday. The refuse driver indicated that it drives well; however, it does not hold as much as the older truck which requires more commente project. This project was completed approximately two years ago and we have bee VDOT to complete the paperwork. This is agreement which VDOT will send request our reimbursement of $86,682. Under reports from Council Committees, Anne Committee met on November 5, 2018. Ms. Cantrell next reviewed a presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record.) 5 commented that the proposed rates are very similar to the current rates increased in over ten years. requiring action from Council are approval for the the rate adjustments and approval of the September 2018 Financial Statement. Even though the State Code time we are changing Town fees or rates. Vice Mayor Liles asked wedding responde rate, so the current rates say $3,000- Mayor Liles commented attended cost $4,700 at another venue and perhaps we need to advertise our rates more. responded they are not currently website, but if we do adopt a set rate schedule, she feels that staff would post it on-line which would be very helpful to someone who is planning a wedding. utility payments, Vice Mayor Liles due to the switch to the because they are sending out automatic phone calls which is getting people to pay more timely. Council Member Stovall approve the September presented; the motion was seconded by Vice Mayor Liles members voting: Vote 4-0; Yeas (4) – McCarty, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - Scheid. The Town Clerk commented that due to the holiday period for December 18th. Approved the September 2018 Financial Report 6 The Mayor commented on the success of the recent Council Member walked 60 miles over three days. everyone a Happy Thanksgiving. Comments from Council: Vice Mayor Liles commented that the dumpsters at again contact Thanksgiving. The Town Clerk commented Council needs to Commission on the UDA at the December 18th Council meeting. Anita McMillan has asked if we could have the work session at 6:00 p.m. Council be at the meeting. We would like to have a light meal at 5:30 p.m. and start The Mayor and Council indicated the schedule would work for them. Council Member McCarty made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall vote, with all members voting: Vote 4-0; Yeas (4) – McCarty, Stovall, Liles, Grose; Nays (0) – None; Absent (1) - Scheid. The meeting was adjourned at Meeting adjourned APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 4, 2018 Department War Memorial Issue Introduction of new employees Summary Chasity Barbour, Facilities Manager, will be present to introduce the new Community Programs & Facilities Supervisor and Community Programs & Facilities Coordinator. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 4, 2018 Department Public Works Issue Briefing on proposed Ordinance to repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste, in its entirety by adopting and enacting Article 1, In General, Article II, Recycling and Article III, Penalties of Chapter 78, Solid Waste, of the Town Code. Summary The Public Works Committee has met on several occasions in the past few months with the most recent meeting being on November 28, 2018. At these meetings they have reviewed several drafts of the proposed Solid Waste Ordinance. Also, on November 19, 2018, the Town Attorney met with staff and provided a legal review of the proposed Ordinance and all of the recommended changes have been made to the attached draft. A bullet list of some of the key areas for Council’s discussion and consideration is attached and those sections have been highlighted for your convenience of review. However, any or all sections of the draft Ordinance can be discussed during the briefing. We have also attached three documents that pertain to the Medically Excused Service as referred to in Section 78-9 of the proposed Ordinance. Attachments Draft Ordinance Bullet Points Medically Excused Service Letter Application/Agreement for Medically Excused Service Physicians Certificate for Medically Excused Service Recommendations No action required Town Council Agenda Summary 11/30/2018 {00293741.DOCX } 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, ___________________________, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE TO REPEAL ARTICLE I, IN GENERAL, AND ARTICLE II, RECYCLING, OF CHAPTER 78, SOLID WASTE IN ITS ENTIRETY BY ADOPTING AND ENACTING ARTICLES I, IN GENERAL, II, RECYCLING AND III, PENALTIES, OF THE TOWN CODE. WHEREAS, Section 15.2-928 of the Code of Virginia authorizes the Town of Vinton to provide for and operate facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recycling materials and other refuse of the residents and businesses of the Town of Vinton; and WHEREAS, the Town previously enacted a Solid Waste ordinance codified in Chapter 78 of the Town Code; and WHEREAS, it is the responsibility of Town Council to periodically review and revise the solid waste ordinance of the Town of Vinton in order ensure its compliance with current law in the Commonwealth of Virginia; and WHEREAS, the Town Council has now determined that it is in the best interest of the residents of the Town of Vinton to amend its solid waste ordinances to facilitate collection of refuse in town-issued refuse carts and to otherwise amend the ordinance to promote the health, safety and welfare of the residents of the Town of Vinton all in accordance with applicable state law; and NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council does hereby repeal Article I, In General, and Article II, Recycling, of Chapter 78, Solid Waste and replace in its entirety by adopting and enacting Articles I, IN GENERAL, II, RECYCLING AND III, PENALTIES of the Town Code, as follows: CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. - Violations of chapter generally. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 4 misdemeanor. (Code 1982, § 14-1) 11/30/2018 {00293741.DOCX } 2 Sec. 78-2. - Containers generally. (a) It shall be the duty of every owner, lessee or occupant of every residence and every building or place of business in the town to provide, at all times, suitable and sufficient sanitary refuse containers which shall be leakproof with tightfitting tops and handles, and in conjunction with such containers, other containers, such as plastic bags, of adequate strength to hold and retain all garbage and liquid substances, and whatever rubbish may be mixed therewith, from such building, residence or place of business. (b) Each owner, lessee or occupant of every residence and every building or place of business shall deposit, in the containers required by this section, any refuse, garbage, liquid substances and rubbish of any sort to be collected and disposed of. (c) The sanitation workers of the town shall not be required to empty any refuse container which, together with its contents, weighs in excess of 50 pounds. (Code 1982, § 14-2) Sec. 78-3. - Location of containers. (a) The refuse containers referred to in section 78-2 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse containers on their streetside property line or at the curb for pickup. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse containers shall be maintained thereon for ready pickup by sanitary workers. Any handicapped or severely ill person shall notify the town manager to arrange a special refuse collection. (b) Notwithstanding the provisions of subsection (a) of this section, in the central business section of the town, as provided in the zoning ordinance, merchants and persons living over stores shall place their refuse containers upon the sidewalks of the town during the hours and days designated by the town manager for the collection of refuse. (Code 1982, § 14-3) Sec. 78-4. - Collection by town. (a) The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. (b) Refuse that can be collected in a load packer truck shall be collected and disposed of according to the following schedule: (1) Residential customers, including single-family, duplexes and mobile homes, shall receive once-per-week refuse collection at no charge. 11/30/2018 {00293741.DOCX } 3 (2) Businesses, apartments and institutions generating not more than 12 cans, being 30 gallons each, of refuse per week shall receive free once-per-week refuse collection. Heavy duty garbage bags may be substituted for cans. Under certain conditions related to public health and safety, as determined from time to time by the town manager, refuse may be collected more frequently. In no event shall more than 12 cans be collected in any week. (3) All businesses, apartments, and institutions generating more than the 12-can-per-week limit shall secure a private vendor for their collection needs. (c) Refuse that cannot be collected in a load-packer truck, hereinafter referred to as bulk refuse, such as tree trunks and limbs not to exceed two feet in diameter, shrubbery trimmings, leaves, brush, appliances, and furniture will be collected by the town as follows: Any person desiring such collection shall so advise the town office, requesting that a town truck pick up the specified refuse. All such refuse shall be placed at the curb or edge of the street adjoining the property of the person requesting the service. The refuse shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. Bulk refuse will not be picked up in alleys. There shall be a charge for such service in such amount as is prescribed, from time to time, by the town council, and the person requesting the service shall pay such charge before the refuse is collected. (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) (1) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodeling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (2) Notwithstanding the above subsection, not more than four un-mounted automobile tires will be collected from a household per calendar year at no charge. (f) When discarding iceboxes, refrigerators, or other similar containers, the requirements of section 46-2 of the town code shall be strictly adhered to. (g) Only refuse generated within town limits may be disposed of under this ordinance. (h) All contractors, required to be licensed by state law, who perform major work on a property and produce waste material from this work shall be responsible for removing the waste from the property and legal disposing of it in an approved landfill or other facility. (Ord. No. 811, 3-15-05) Sec. 78-5. - Dumping unsightly matter on highway, right-of-way or private property. (a) Any person shall be guilty of a class 1 misdemeanor who dumps or otherwise disposes of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. 11/30/2018 {00293741.DOCX } 4 (b) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of section Code of Virginia, § 46.2-936 in making such arrest. (c) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (d) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. (Code 1982, § 14-5) State Law reference— Similar provisions and authority of town to adopt above section, Code of Virginia, § 33.1-346. Sec. 78-6. - Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse collection services for the residents, merchants and business people of the town. (Code 1982, § 14-6) Sec. 78-7. - Illegal dumping; penalty. Any person who shall dump or otherwise dispose of trash, garbage, waste or other refuse, or unsightly matter in any town dump, dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, garbage, waste or other refuse or unsightly matter in any dump, dumpster, dump truck, disposal area or waste management facility shall be guilty of a class 1 misdemeanor. (Ord. No. 697, 9-15-1998) ARTICLE II. - RECYCLING Sec. 78-26. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 11/30/2018 {00293741.DOCX } 5 Recyclable materials means newspapers, magazines, cardboard, glass bottles and jars, aluminum cans, plastic containers and any other additional items as designated by the town manager intended to be discarded by persons who receive town refuse collection services. (Code 1982, § 14-21) Cross reference— Definitions generally, § 1-2. Sec. 78-27. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless newspapers are soiled or the glass is broken. Dirty or soiled paper, broken glass or partially filled containers are not to be added to the recyclable materials. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. A person shall not place the recyclables next to the curb before 4:00 p.m. the day before the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants before midnight the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person shall place the newspaper bundle in a plastic bag such as to protect its contents from weather. (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. Recycling participants must purchase additional containers from the town to replace those lost or damaged. The cost of the container will equal the price paid by the town for the container. A serial number shall identify to whom the container has been issued. Residents who move into the town after the program has begun will purchase the 11/30/2018 {00293741.DOCX } 6 recycling container at cost from the town if the originally issued container was not left with the property. Residents may purchase additional containers at cost to store the recyclable materials generated by their household or commercial establishment if one container is not sufficient. (h) A person shall place newspapers, magazines, cardboard, glass bottles and jars, aluminum beverage cans and plastic containers in the collection container provided to residents and commercial establishments by the town. Glass bottles, jars and aluminum cans shall be emptied before being placed in the respective recycling container. It is recommended that aluminum cans can be flattened, but this is not required. Glass bottles and jars should not be broken before placement in the collection container. It is recommended that plastic containers be flattened (depressed) and the cap replaced to maintain the flattened shape. (i) The town manager may designate addition material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who, due to frail health, age, incapacity or handicap, are unable to comply with the provisions of this section. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization shall be made up on a reviewable, case-by-case basis. (Code 1982, § 14-22) Sec. 78-28. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under this article, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The first and second warning notice shall describe the violation, include instructions for the proper sorting of recyclables from refuse, state that all occupants of single-family houses, multifamily dwellings and commercial establishments from which the town collects refuse must participate in the recycling program and inform the person responsible for the violation and for subsequent violations of the penalty. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing 11/30/2018 {00293741.DOCX } 7 the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Penalty. Any violation under this article in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (b) The following shall apply with respect to infractions: (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. (Code 1982, § 14-23(a)(1)—(3), (5), (b)) CHAPTER 78 – SOLID WASTE ARTICLE I. – IN GENERAL Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ashes mean ashes or cinders. Bulk item means any large item that does not fit within a town-issued refuse cart, including but not limited to a major household appliance, large rug, mattress, bed springs, or furniture. Brush or shrubbery means tree trimmings, brush and shrubbery with limbs not exceeding six (6) feet in length and two (2) feet in diameter and cut into pieces. Downtown business area means those buildings with addresses as follows and as shown in the Map attached as Exhibit A to this Article: 100 - 300 block S. Pollard Street, 100 block W. Lee Avenue, 11/30/2018 {00293741.DOCX } 8 100 block E. Lee Avenue, 100 block W. Jackson Avenue, 100 block E. Jackson Avenue, 10-99 block Walnut Avenue, West side of 100 - 200 block S. Maple Street (odd numbered addresses). Orange lines on Exhibit A indicate the boundary of areas served by Downtown Refuse Collection. Hazardous material means "hazardous material" as define[d] in Code of Virginia § 10.1-1400, as amended. Hazardous substance means "hazardous substance" as define[d] in Code of Virginia § 10.1- 1400, as amended. Hazardous waste means "hazardous waste" as define[d] in Code of Virginia § 10.1-1400, as amended. Household hazardous waste means "household hazardous waste" as define[d] in Code of Virginia §10.1-1400, as amended. Medically Excused Service means specialized collection of refuse or recyclables generated by all persons residing in a dwelling unit from a point of collection approved by the town manager, but which is not curbside or alley side, such service to be provided due to the physical difficulty or inability of all persons residing in the subject dwelling unit to transport refuse and recyclables to the curbside or alley. Refuse means any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected. Refuse collection service means the collection of refuse, rubbish, trash and ashes by the town. Sludge means "sludge" as define[d] in Code of Virginia § 10.1-1400, as amended. Town-Issued Refuse Cart means the container that is provided by the town and assigned to an address for refuse collection. Sec. 78-2. Powers and duties of town manager generally. The town manager shall be authorized to promulgate policies, rules and regulations with respect to refuse collection, except that the establishment of fees shall be the responsibility of town council. Such policies, rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. 11/30/2018 {00293741.DOCX } 9 Sec. 78-3. Other governmental regulations. The provisions of any applicable federal or state law or regulation shall control to the extent that compliance with this chapter could prevent compliance with a regulation or law of the federal or state government, including solid waste management regulations, hazardous waste management regulation, hazardous materials transportation regulations and infectious waste management regulations. Sec. 78.4. Regular Collection Service. The town shall provide refuse collection service on the terms and conditions set out in this article only to citizens, residents and business establishments located within the corporate limits of the town. (a) Residential, Business and Commercial Areas Outside the Downtown Business Area. (1) In residential sections, business and commercial areas outside the downtown business area of the town, all collections of refuse, rubbish, trash, ashes, etc., shall be made after 7:00 a.m. and according to a schedule that covers certain sections of the town each day. These areas shall receive once-per-week refuse collection. (b) Downtown Business Area. (1) In the downtown business area of the town, collections of refuse, rubbish, trash, ashes, etc., shall be made three (3) times a week. All town-issued refuse carts shall be placed for collection by 6:00 a.m. on the day designated in the collection schedule for each place desiring refuse collection service. Sec. 78-5. Refuse carts to be provided by town (a) Residential Areas. (1) Any residence with refuse collection service shall be provided one 96-gallon refuse cart by the town unless serviced by a private refuse collection service. Any such residence may be provided one additional refuse cart and shall be billed for the same at a rate specified in the town refuse service fee schedule, which may be amended from time to time by town council. The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any householders or occupants of any residence feel the 96-gallon refuse cart is too large for their household, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. (3) Apartment houses, condominiums, complexes and other buildings having multiple units with five (5) or more units or any customer service location requesting more than 11/30/2018 {00293741.DOCX } 10 three (3) town-issued refuse carts shall be required to have private refuse collection service. (4) The town may require private refuse collection service for any apartment house, condominium, townhouse, or other development when the town makes determination that town-issued refuse cart service is not practical due to maneuverability or other operational issues caused by topography, site constraints or the entering onto private property. (b) Downtown Business Area and Business and Commercial Areas Outside the Downtown Business Area. (1) All businesses, stores, restaurants and other places of business with refuse collection service shall be provided one 96-gallon refuse cart by the town unless serviced by a private refuse collection service. Any such place of business may be provided up to two (2) additional refuse carts and shall be billed for the same at a rate specified in the town refuse service fee schedule, which may be amended from time to time by town council. The town will have a limited number of 96-gallon refuse carts available and they will be distributed on a first come, first serve basis. (2) If after a 30-day period, any place of business feels the 96-gallon refuse cart is too large for their business, they may request to replace said cart with a 64-gallon refuse cart. The town will have a limited number of 64-gallon refuse carts available and they will be distributed on a first come, first serve basis. Sec. 78-6. Use of Town-Issued Refuse Carts. (a) All refuse carts issued by the Town of Vinton shall remain the property of the Town of Vinton. Customers who move outside the refuse collection service area or who otherwise cease refuse collection service with the town are obligated to notify the town utility billing staff. (b) The town-issued refuse carts shall be used for all refuse set out by the refuse customer for removal by the town according to the provisions of this article. Customers shall adhere to a maximum weight limitation of 100 pounds for the 96-gallon town-issued refuse cart. (c) It shall be unlawful for any individual or business to utilize town-issued refuse carts for disposal of refuse, waste, etc. in carts that are assigned to other customers without their permission. It shall be the responsibility of all customers to properly identify their town-issued refuse cart. Determination of whether or not town-issued refuse carts are being utilized by a properly assigned customer shall be done by the town in accordance with individual town-issued refuse cart identification numbers and their corresponding account information in the records of the town. (d) No paper or pasteboard boxes, plastic bags, etc. shall be used as containers for refuse, rubbish, trash or ashes set for collection. Only town-issued refuse carts or dumpsters are acceptable for town refuse collection service. 11/30/2018 {00293741.DOCX } 11 (e) All refuse, rubbish, trash and ashes set out for collection shall be bagged and contained within town-issued refuse carts. Garbage shall be contained in other containers such as plastic bags of adequate strength to hold and retain all garbage and liquid substances. It shall be the duty and responsibility of every property owner, tenant, occupant or agent of any premises in the town to prevent refuse from being spilled on the ground or premises. Excess volume that is not contained within town-issued refuse carts will not be picked up. Sec. 78-7. Placement of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, refuse carts referred to in Section 78-5 shall be kept upon the premises at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. During the hours and days designated by the town manager for the collection of refuse, each resident and business proprietor shall place their refuse carts on their streetside property line or at the curb so that they can be conveniently accessible and emptied. If subject dwelling house or place of business has an alley directly behind the property, then in such event, refuse carts shall be maintained thereon for collection. (b) For residential and businesses in the downtown area, the town-issued refuse carts shall be placed in front of the business on the sidewalk and in all such cases the town-issued refuse carts shall be placed on the morning of the day they are to be collected . (c) All refuse carts shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. Sec. 78-8. Removal of Town-Issued Refuse Carts. (a) For residential, business and commercial areas outside of the downtown area, such town- issued refuse carts shall be removed from the street no later than 7:00 a.m. of the following day and placed at a location to the side or rear of a dwelling house or place of business satisfactory to the town manager. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. (b) For residential and businesses in the downtown area, such town-issued refuse carts shall be removed from the street no later than 7:00 p.m. of the same day and placed out of view from the street. This duty shall be the responsibility of the same person that sets out the town-issued refuse cart for collection. Sec. 78-9. Maintenance of Town-Issued Refuse Carts. (a) It shall be the duty of the customer to keep their assigned town-issued refuse cart(s) in a clean and sanitary condition at all times and to not deface said cart(s) in any manner. (b) All town-issued refuse carts, as provided for in Section 78-5, shall be drained of any excessive moisture before being set out for removal. 11/30/2018 {00293741.DOCX } 12 (c) The town will replace town-issued refuse carts which have become unusable without fault of the customer. A replacement town-issued refuse cart will be provided when a new occupant moves into a residence and the original town-issued refuse cart is missing, but the town will seek reimbursement from the occupant who has moved. (d) Customers are responsible for repair or replacement costs of town-issued refuse carts at a rate established in the latest edition of the town refuse service fee schedule, which may be amended from time to time by town council, when the town makes determination that damage or disappearance of the town-issued refuse cart is not the responsibility of the town or through normal regular use. Sec. 78-10. Medically Excused Service. (a) Any person who is physically unable to transport refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in Section 78-7 may apply for medically excused service. (1) Medically excused service is available only when there is no person residing in a dwelling unit who is physically able to transport the town-issued refuse cart to the locations described in Section 78-7. (2) Any person applying for medically excused service must present a physician's certification, acceptable to the Public Works Director, that the applicant is unable to transport to the locations described in Section 78-7 all solid waste, including recyclables, generated by those persons residing in such dwelling unit. (3) Any person receiving medically excused service must notify the Public Works Department within thirty (30) days, if the person, or any person living in the dwelling unit becomes ineligible for medically excused service at the subject address due to improved health, relocation of the person receiving such service, or any other reason. (4) Medically excused service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the Public Works Director. (5) Any person receiving medically excused service may reapply for an additional twelve-month term, if such person remains otherwise qualified for such service. A physician's certification of eligibility for medically excused service shall be required of a citizen reapplying for such service. 11/30/2018 {00293741.DOCX } 13 Sec. 78-11. Other collection services (a) Bulk & Large Item Collection (1) Bulk and large item collection occurs on regular refuse collection day. Bulk and large items are not collected in alleys. Bulk and large items such as appliances, furniture, and other large items may be placed at the curb by 7:00 a.m. on the regular refuse collection day for pick-up. (2) We do not pick up any construction materials (lumber, dry-wall, carpet, padding, water heaters, plumbing fixtures, cabinetry, windows, etc.) regardless of who is doing the work on your home. Anyone who is unsure if bulk falls in this category may contact the Public Works Department. (3) If a contractor is doing this work for you, they are responsible for hauling away the construction debris. (b) Yard Waste Collection (1) Yard Waste Collection occurs on the regular refuse collection day. Yard waste is not collected in alleys. (2) No timbers used in landscaping or bushes, small trees or plants with root balls still attached, sod, tree stumps or dirt will be picked up. (3) The town refuse truck shall not haul away loose leaves, grass, cuttings, weed or hedge trimmings, tree trimmings, branches, limbs or similar matter, nor refuse and trash, from building operations. (4) Grass clippings must be bagged in heavy grade plastic refuse bags and placed at the curb by 7:00 a.m. for pickup on the regular refuse collection day. (5) Bagged Leaves will be collected on the regular refuse collection day. (6) Fall Loose Leaf Collection occurs annually and is scheduled during November and December each year. Leaves should be raked no closer than one foot and no farther than five feet from the back of the curb or edge of the street located in front of the residence. Leaves are not to be placed in the street or gutter. Sticks, limbs, rocks and other debris shall not be included in the leaves. (7) All yard waste shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. 11/30/2018 {00293741.DOCX } 14 (c) Brush and Limb Collection (1) Brush & Limb Collection occurs on your regular refuse collection day. Brush and limbs are not collected in alleys. (2) Brush and tree limbs must be cut into sections not exceeding six (6) feet in length and two (2) feet in diameter and placed at the curb for collection. (4) Any person, persons, or company that is contracted to perform such work as cutting trees, trimming limbs, branches, shrubs, and the like, are responsible for hauling away all tree limbs and resulting wood waste. (5) All brush and limbs shall be placed so that mail delivery and other services, and access to adjoining properties, shall not be impeded. (d) Charges for Excessive Amounts of Bulk, Large Items, Yard Waste, Brush and Limbs If amount of bulk, large items, yard waste, brush and limbs or other oversize items requires five full-sized pickup truck loads, additional charges apply as prescribed in the town refuse service fee schedule, which may be amended from time to time by council. The town refuse service fee schedule, which addresses charges associated with refuse collection, may be amended from time to time by town council. After the fee charges have been paid, the items will be scheduled for collection. Sec. 78-12. Refuse not acceptable for collection. (a) The town refuse truck shall not haul away any refuse, rubbish, trash, ashes, etc., that are not bagged and placed in town-issued refuse carts. The town has the right to specify particular pick-up locations for each individual town-issued refuse cart and it shall be the responsibility of the customer to ensure that the town-issued refuse cart is in the specified pick- up location and oriented as directed by the town. (b) Any matter set out for collection which does not comply with the provisions of this article will not be collected by the town refuse truck, but must be removed by the owner or tenant of the premises involved. (c) Placing hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets),dead animals or portions of dead animals, automotive parts and waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, asphalt, brick, concrete, bulk items, and similar materials for collection in either town-issued refuse carts or dumpsters shall be prohibited. 11/30/2018 {00293741.DOCX } 15 (d) In no event shall hazardous waste or household hazardous waste, as defined in Code of Va., § 10.1-1400, as amended, be placed out for collection or be collected by the town. (e) Prohibited items include: tree stumps or root balls, dead animals, automobile or motorcycle parts, machinery, waste material produced in the construction, remodelling, repair, or demolition of buildings, homes, industrial plants, pavements and structures including but not limited to, lumber, concrete, asphalt, fencing, roofing materials, plaster, gypsum board, piping and all other similar items, herbicides, insecticides, household cleaners, or any other material deemed unsafe for collection. (f) Only refuse generated within town limits may be disposed of under this ordinance. (g) The Town reserves the right to refuse any waste that is not accepted by the Roanoke Valley Resource Authority (hereafter “RVRA”). Sec. 78-13. Sweeping and depositing certain materials in streets, etc. (a) It shall be unlawful for any person to deposit or cause to be deposited upon the sidewalks, streets, roads, lanes or alleys or in any catchbasin any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected including yard waste. (b) All such material shall be placed in receptacles and disposed of as provided in this ordinance. However, the owner has the option of making proper disposition by himself or his agent and in all such cases must haul and deposit such material in an approved disposal facility. Sec. 78-14. Accumulation of refuse. Any person allowing refuse to accumulate on his premises in a manner that would become offensive or unsanitary shall be guilty of creating a nuisance. Refuse, tree and brush trimmings, trash and ashes shall not be allowed to accumulate, causing a large quantity to be set out for collection at one time. Sec. 78-15. Disposition of refuse other than through refuse collection service. Waste may be disposed of at the Roanoke Valley Resource Authority Tinker Creek Transfer Station located at 1020 Hollins Road N.E., Roanoke, Virginia 24012. Refuse disposed of in any other manner than through the town refuse collection service, as set forth in this article, shall be disposed of in a manner approved by the health department and town manager. Sec. 78-16. Illegal dumping; penalty. (a) No refuse or offensive or disease-producing material or trash shall be dumped in any lot or space within the town for the purpose of filling or otherwise. 11/30/2018 {00293741.DOCX } 16 (b) No person shall dump or otherwise disposes of trash, refuse, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof. (c) No person shall dump or otherwise dispose of trash, waste or other refuse, or unsightly matter in any town dumpster, dump truck, disposal area or waste management facility in violation of rules posted by the town manager, or his designee, governing the disposal of trash, refuse, waste or other refuse or unsightly matter in any dumpster, dump truck, disposal area or waste management facility. (d) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, § 46.2-936 in making such arrest. (e) When a violation of the provisions of this section has been observed by any person and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence. (f) Any person convicted of such violation shall be guilty of a class 1 misdemeanor. (g) The provisions of this section shall not apply to the lawful disposal of such matter in landfills. Sec. 78-17. Materials prohibited in public waste receptacles. It shall be unlawful for any person to place the following prohibited materials in any receptacle that is used for the collection of waste on the street or other public places: any hazardous waste, hazardous substances, household hazardous waste, biohazardous waste, sludge, pharmaceutical waste, pressurized containers, combustible or explosive material, construction waste, electronic waste, hot ashes or embers, human excreta (excluding diapers), animal manure (excluding household pets), dead animals or portions of dead animals, automotive waste including tires and batteries, grease from restaurants or other business uses, liquids, appliances, earth, tree stumps, asphalt, brick, concrete, bulk items, and similar materials. It is also unlawful to use any such receptacle for general disposal of refuse in large volumes. Sec. 78-18. Picking through contents of town-issued refuse cart or town-owned dumpster. It shall be unlawful for any person to pick through, handle or interfere with the contents of any town-issued refuse cart or dumpster under the provisions of this article. Employees of the town or other governmental agencies involved in duly authorized investigations shall be exempt from this prohibition. 11/30/2018 {00293741.DOCX } 17 Sec. 78-19. Interfering with employees in removal of material. It shall be unlawful for any person to interfere with, hinder or obstruct the employees of the town in the removal of any material set out for removal under this article. Sec. 78-20. Removal of refuse, rubbish or waste by town. If any person violating Sections 78-11 and 78-12 fails to remove such refuse, rubbish or waste after five days' written notice, the town shall remove the same and the violator shall pay the town the cost of removing the same. The cost of removal shall have no bearing on, or connection with, any punishment, fine or court cost that may be imposed. Sec. 78-21. Screening of Private Dumpsters. It shall be the duty of the owner of any container, can, dumpster or other receptacle designed for disposal of refuse, except public waste receptacles or town-issued refuse carts, to enclose such container, can, dumpster or other receptacle in accordance with the town’s zoning ordinance. Lids shall be kept closed on all such carts, cans, dumpsters and other receptacles for refuse except when being cleaned, filled, or emptied and such carts, cans, dumpsters and other receptacles shall be maintained in a location and manner that will not constitute a nuisance to adjoining properties. Sec. 78-22. Coordination with mandatory refuse recycling program. (a) The town has established a mandatory refuse recycling program by the adoption of the town council of Ordinance No. 523 on March 6, 1990, the same being incorporated in the town Code as article II of this chapter. (b) This chapter shall be read and interpreted in keeping with the provisions of the mandatory refuse recycling program. The town manager shall resolve any conflict with respect to particular owners, sites for collection, location of containers and variances required for the efficient and effective operation of refuse recycling collection services for the residents, merchants and business people of the town. Secs. 78-23—78-40 - Reserved ARTICLE II. RECYCLING Sec. 78-41. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 11/30/2018 {00293741.DOCX } 18 Recyclable materials mean those items identified in regulations by the town manager as recyclable and acceptable to the town for recycling. Sec. 78-42. - Collection of recyclable refuse. (a) This section applies to occupants of single-family homes and multifamily dwellings and to commercial establishments from which the town collects refuse. (b) A person shall not place recyclable material designated by the town manager for recycling collection in a refuse receptacle that the town's compaction truck collects for landfill disposal unless material is unsuitable for recycling. (c) The town or a contractor of the town shall collect recyclable material on a schedule specified by the town manager. However, recyclable material will not be collected on that day if: (1) Weather conditions or emergencies have made roadways impassable; or (2) The day falls on a legal holiday. Collection will be resumed on the next following workday. (d) A person shall place the container of recyclable materials on the public right-of-way next to the edge of pavement. The recyclable material shall not interfere with parking or traffic. The recyclables shall be placed next to the curb by 7:00 a.m. on the day of the scheduled collection. After being emptied, the recycling containers shall be removed from the edge of pavement by the occupants by 7:00 p.m. the day of collection. The town manager may designate a single place next to the edge of pavement for residents of multifamily dwellings and commercial establishments to place recyclable materials. (e) In cases where the public right-of-way is inaccessible, the town manager shall designate an appropriate place near the edge of pavement for placement of the recyclables. Examples of these placements include the foot of driveways, alleys, walkways or steps to the house or the edge of the front lawn. (f) A person shall tie newspapers in a bundle or take other action to prevent newspapers from being blown away by the wind. The bundle shall not weigh more than 25 pounds and shall be placed in the prescribed container provided by the town. On wet days, a person may place the newspaper bundle in a plastic bag such as to protect its contents from weather. (g) The town, as an initial incentive, shall provide a recycling collection container to each residential unit and commercial establishment required to participate in the recycling program. It is intended that the recycling collection container will remain at the location of the residential unit or commercial establishment where it is originally issued. (h) A person shall place recyclables in the collection container provided to residents and commercial establishments by the town. 11/30/2018 {00293741.DOCX } 19 (i) The town manager may designate additional material for residents to include in the recycling collection container. (j) A person shall not use the recycling collection containers for any other purpose except the storing of recyclable items prior to collection. (k) Only the town, its contractor or the person who placed the recycling container next to the designated collection point may recover recyclable materials. No scavenging or unauthorized collection of recyclable materials from the designated collection point shall be permitted. A violation of this subsection shall be a class 3 misdemeanor. (l) The town manager is authorized to amend these requirements and provide special exceptions on a case-by-case basis for individuals who qualify for medically excused services as provided in Section 78-10 of this ordinance. (m) The town manager is authorized to provide for more frequent collection at residential or commercial locations where recyclable materials are generated in such volume as to make more frequent collection desirable and warranted. Each authorization will be made on a reviewable, case-by-case basis. ARTICLE III- PENALTIES Sec. 78-43. - Penalty for noncompliance. (a) Before issuing a criminal citation for an infraction under Article I or Article II of this Chapter, warning notices shall be given to the responsible occupant or owner as follows: (1) First violation. The town manager or the manager's representative shall issue a warning notice to the responsible person. (2) Second violation. The refuse shall not be collected on the date of the violation, and the town manager or the manger's representative shall issue a second warning notice to the person responsible. The warning notice shall be personally delivered to the person responsible for the violation or mailed by certified letter to the address where the violation occurred. (3) Third violation. The refuse shall not be collected on the date of the violation, and the town manager or the manager's representative shall prepare an affidavit citing the facts of the violation. A code enforcement officer shall issue a criminal citation for the infraction to the responsible occupant or owner. (4) Penalty. Any violation under these articles, except for violation of Section 78-16, in which a criminal citation is issued shall be punished as a class 4 misdemeanor. (b) The following shall apply with respect to infractions: 11/30/2018 {00293741.DOCX } 20 (1) Failure to abate the cited violation at the time of a subsequent infraction shall cause the violation to be treated as a repeat violation. (2) Any individual or corporate owner who receives a citation and who wishes to stand trial shall not receive additional citations until the court rules on the citation for which the defendant is standing trial. (3) In cases where the town manager has determined that extreme danger exists to persons or property or extreme unsanitary conditions exist, the warning notice shall be dispensed with, and the town manager shall obtain a court order to take corrective action. However, nothing shall be construed to prohibit the town manager from taking what action he finds appropriate to protect the public health and safety both under the laws of the town and the commonwealth. (4) The town manager or the manager's representative shall have authority to enforce all provisions of this article. Officers of the police department are deemed representatives of the town manager. BE IT FURTHER ORDAINED, that this Ordinance shall become effective upon its adoption. This Ordinance adopted on motion made by Council Member ________________, seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Exhibit A 1 BULLET POINTS FOR BRIEFING OF PROPOSED SOLID WASTE ORDINANCE ARTICLE I. In General Sec. 78-1. Definitions • Downtown business area • Medically Excused Service • Town-Issued Refuse Cart Sec. 78-5. Refuse carts to be provided by town • Initially provide one 96-gallon refuse cart • One additional refuse cart to be provided at rental rate of $5.00 per month • After 30-day period, may request to replace 96-gallon refuse cart with 64-gallon refuse cart • All service locations with five (5) or more units or requesting more than three (3) refuse carts shall be required to have private refuse collection service • Town equipment and personnel entering onto private property to be reduced (parking lots, driveways) • Impact of new ordinance on some businesses, churches, apartment complexes [Cottage Avenue Apartments (19 units); Magnolia Apartments on 9th St. (12 units)], and residential developments [Southampton (108 units); Dillon Woods Town Houses (13 units)] Sec, 78-6. Use of Town-Issued Refuse Carts • Only collect refuse contained in town-issued refuse carts • Excess volume not contained within town-issued refuse carts will not be picked up Sec. 78-8. Removal of Town-Issued Refuse Carts • Residential, business and commercial areas outside of the downtown area shall remove refuse carts from the street no later than 7:00 a.m. of the following day of collection • Residential and businesses in the downtown area shall remove carts from the street no later than 7:00 p.m. of the same day of collection • There may be adjustment necessary in collection location for some downtown customers 2 Sec. 78-10. Other collection services • Charges for excessive amounts requiring five full-sized pickup truck loads • Follows current policy Sec. 78-21. Screening of Private Dumpsters • Needs to be consistent with Zoning Ordinance. • Current Zoning Ordinance only refers to restaurants for screening requirements • Since Zoning Ordinance is being reviewed, this change needs to be incorporated ARTICLE II. Recycling • No changes ARTICLE III. Penalties • Contains penalties for both Solid Waste and Recycling TOWN OF VINTON 804 3rd STREET VINTON, VIRGINIA 24179 PHONE (540) 983-0646 FAX (540) 985-4582 Public Works Department Date: For many years, the Town of Vinton has been offering a service to retrieve the household refuse/recycling of those customers who have physical limitations that impair the ability to move the refuse can or recycling bin to the street or alley to be collected. The process to register for this service, which is called the Medically Excused Service, is being updated. The Town will now require the resident to submit an application and a form signed by a medical professional certifying that the resident has a physical condition that constitutes a hardship to transport the refuse container to the location to be collected. Additionally, all other occupants of the residence are to provide the same certification for the address to qualify for this service. The certification for this service is effective for one year and can be renewed on an annual basis, by January 31st of each year. Please contact this office within 30 days to remove the address from this service if the above conditions change or resident is moving. Please understand that with the Medically Excused Service, Town personnel will cross onto the property to access the refuse container or recycling bin at a predetermined location on the exterior of the residence. Personnel will not enter into any home, building, or structure to access the container. Only items that are placed in the container will be taken. This service does not include bulk or brush items; it is the responsibility of the resident to see that those items are placed at the street or transported to the Roanoke Valley Resource Authority transfer station. Please find enclosed the Medically Excused Application and Physicians Certification form. These forms are to be completed and returned by January 31, 2019. Contact this office if additional copies are needed. A self addressed stamped envelope has been included for you convenience.. If there are any questions or you need additional information, please contact us at the Town of Vinton Public Works Department at 983-0646. Enclosure NAME:________________________________________ DATE:_________________ ADDRESS:_____________________________________ TELEPHONE:_________________ Medically Excused Service is being requested for the following services: Weekly solid waste removal Bi-Weekly recyclables removal Attached to this Application is a Physician’s Certification form, stating that I am unable to transport all solid waste, including recyclables, from my residence at the above referenced address to the public street or public alley as required by Chapter 78, Solid Waste Management, of the Code of the Town of Vinton (“Town Code”). I further certify that any and all other persons residing at such address are also unable to transport all solid waste, including recyclables, to the public street or public alley as required by Chapter 78, Solid Waste Management, of the Town Code, and upon the request of the Town of Vinton, any and all persons residing at such address may also be required to submit a Physician’s Certification form. I agree to notify the Public Works Department at 983-0646 if I vacate this residence, or if I become physically able to, or reside with a person who is physically able to, transport to the public street or alley as required by Chapter 78, Solid Waste Management, of the Town Code, all solid waste, including recyclables, generated by those persons residing at such address. I understand that I will need to re-apply for Medically Excused Service within twelve (12) months from the date of approval of my application by the Public Works Director if I am interested in receiving uninterrupted service. The undersigned acknowledges that collection by the Town involves the exposure of the undersigned's property or property located on the undersigned's real estate, such property including, but not limited to, driveway and shoulder asphalt, vegetation, automobiles, low hanging wires, posts, structures, overhangs and animals, to the operation of large solid waste and recycling collection trucks which are difficult to operate and maneuver, and the handling of large solid waste and recycling containers. Accordingly, the undersigned, on behalf of himself or herself, agrees to indemnify and defend the Town, and any of its employees or officers, from and against any and all claims, whenever brought and for whatever amount, for damage to property arising out of, or in any way related to, the Town's performing pursuant to this Agreement or acting upon the permission granted under this Agreement. _____________________________________ __________________________ Applicant’s Signature Date _____________________________________ Public Works Director Approval Return To: For Office Use Only: Public Works 804 3rd Street DAY:___________________ Vinton, VA 24179 Or Fax 540-985-4582 TOWN OF VINTON SOLID WASTE MANAGEMENT Application/Agreement for Medically Excused Service DATE: RE: Mr./Mrs./Ms. ____ Address: _____________________________________________________________ Phone: ____ As a licensed physician, I certify and affirm that the patient mentioned above is unable to transport solid waste, including recyclables, generated by the applicant residing in the above-referenced dwelling unit to the public street or public alley. It is my professional recommendation that the aforementioned person be excused from transporting solid waste to the public street or alley for a period beginning on _________ (month, date, year) and ending on _____________(month, day, year or indefinitely). Sincerely, Physician’s Name (please print): __________________________________________ Physician’s Address:____________________________________________________ Phone:_______________________________________________________________ Physicians Certification for Medically Excused Service within the Town of Vinton 804 3rd Street Vinton, VA 24179