Rawlins Municipal Code
Title 8
Chapters:
8.20 REPEALED BY 07-2005
Chapter 8.04
Sections:
Section 8.04.010 Sexton appointment
and duties.
The city manager may employ a suitable and
competent person
as sexton and the sexton shall
be in charge of the city cemetery, under the directions of the city manager, and with the duties
and responsibilities as set forth in this chapter. The city sexton shall adopt rules and
regulations
governing the enclosing and adorning of cemetery lots, the erection of monuments and
tombstones thereon, the care, upkeep and maintenance of lots, and such other regulations or rules
as may be necessary to provide for the proper control and regulation of the cemetery. In
addition
to those rules and regulations concerning the upkeep and maintenance of the cemetery, the sexton
shall have the authority to adopt such rules and regulations as are appropriate to provide for the
orderly development and sale of spaces within the cemetery, including but not limited to
imposing limitations upon the amount of spaces to be sold and limitations upon the number of
lots which may be owned by the same person at the same time. (Ord. 8R-83: prior code §
9-1)
(Ord. No. 1B-98, Amended, 01/20/98)
The sexton or his assistants shall immediately,
when it comes
to their knowledge, make
complaint against any person or persons who violate or attempt to violate any of the provisions
of this chapter, and any failure on the part of the sexton or his assistants to so make complaint
shall be deemed cause for the sexton's removal. (Prior code § 9-2)
No person shall inter the dead body of a human being within the
limits of the
city except in an
authorized cemetary (Prior code § 9-3)
No person shall inter the dead body of a human
being within
the limits of the city in any
cemetery in the city without the person making the interment having previously obtained a burial
permit. (Prior code § 9-4) (Ord. No. 1B-98, Amended, 01/20/98)
When application is made to the cemetery
sexton for a burial
permit, the cemetery sexton shall
grant and issue to the applicant a written or printed permit which shall be dated, numbered and
signed by the cemetery sexton, and in addition thereto shall show to whom it is issued, the lot
and cemetery in which interment is to be made, together with the name and age of the deceased,
and shall show the cause of death; provided, that before the permit is granted, the applicant shall
exhibit to the cemetery sexton the burial permit obtained from the county registrar of births and
deaths, and shall show that the applicant is the owner of, or has the proper authority to make
interment in the lot for which permit is asked. (Prior code § 9-5) (Ord. No. 1B-98,
Amended,
01/20/98)
Fees for burial permits shall be set by resolution
of the
city council, and provided for in Title 1
of this code. (Prior code § 9-6) (Ord. No. 10-94, Amended, 10/04/94; Ord. No. 1B-98,
Amended,
01/20/98)
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Section Index
The burial permit provided for in Section
8.04.040 shall
be delivered together with the
certificate of the registrar of births and deaths, to the sexton or other person having charge of the
cemetery mentioned in the permit. (Prior code § 9-7)
After a burial permit has been issued, the sexton shall at once
proceed to show
or designate to
the person getting the permit the lot or place where the dead body may be buried. The sexton
shall also record in a book to be kept for that purpose, the date and number of the permit, to
whom issued, the name and age of the deceased. (Prior code § 9-8; Ord. No. 1B-98,
Amended,
01/20/98)
Any person desiring to purchase lots in the city
cemetery
shall make application to the city
sexton, and upon payment of the price of the lot as set by resolution of the city council to the city
treasurer, the city clerk shall issue a certificate signed by the mayor, attested by the city clerk,
and countersigned by the city treasurer, and having affixed thereto the city seal which the
certificate shall, in and by its terms, specify that the person to whom the certificate is issued is
the owner of the lot described therein, and the certificate shall vest in the proprietor a right in
fee
simple to the lot, for the sole purpose of interment under the regulations of the city council. The
person to whom the certificate is issued shall pay the costs of issuing the certificate, in addition
to the price of the lot as set by resolution of the city council, and provided for in Title 1 of this
code. (Prior code § 9-9) (Ord. No. 10-94, Amended, 10/04/94; Ord. No. 1B-98, Amended,
01/20/98)
A. It shall be the
duty of the city
clerk to enter and keep among the records of his office a
full and complete abstract of the holdings and of the lots in the city cemetery, arranged
consecutively by number, showing the name of the owner, date of purchase, number of
certificate, amount paid, and the name, age and cause of death of all persons buried in each
lot.
B. The city clerk
shall also keep
an alphabetical record of all persons buried in any and all
cemeteries of the city, showing the lot and cemetery in which interment took place, together with
the date and place of death, date of birth, date of internment and name of lot owner. (Prior code
§
9-10) (Ord. No. 1B-98, Amended, 01/20/98)
In the case of the burial of the bodies of paupers
or indigent
persons who may be a county
charge, interment may be made in the county section of the city cemetery and for these
interments the purchase of lots as provided for in other cases shall not be required. The cemetery
sexton shall present a claim to the county commissioners for the number of burials and permits
issued for the county charges, for the preceding month for the interments at the rate of forty
dollars for each permit issued. (Prior code § 9-11) (Ord. No. 1B-98, Amended,
01/20/98)
All work of ornamenting, watering and keeping
private lots
in repair shall be done by the city
sexton and his assistants, or under his direction; provided, that the work shall only be done upon
and in connection with those private lots belonging to persons who have paid to the city treasurer
an amount of money to secure the doing of the work, in advance, as is fixed by this chapter.
(Prior code § 9-12)
Undeveloped sections of the city cemetery,
shown on a Map
attached hereto and marked as
Attachment 1, shall only allow flat headstones, grave markers or ornaments, as directed by the
cemetery sexton. The current map, Attachment 1 and kept at the cemetery shop, indicates
all the
undeveloped section which must be developed as described above. (Ord. No. 1B-98, Enacted,
01/20/98)
All ordinances or parts of ordinances
inconsistent herewith
are hereby repealed. (Ord. No. 1B-98, Enacted, 01/20/98)
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Section Index
Chapter 8.08
Sections:
Section 8.08.009 Article I. General
Provisions
For the purposes of this chapter, the following words shall have the
meanings
respectively
ascribed to them by this section:
A. "Garbage" means any putrescible solid or semi-solid
animal and/or
vegetable waste
material resulting from the handling, preparation, cooking, serving, and consumption of food;
wastes from the handling, storage and sale of produce; and any other matter whatsoever that may
decompose, become foul, offensive, unsanitary or dangerous to health.
B. "Hauler" means any person or firm who regularly
transports garbage
or refuse from any
premises to the sanitary landfill for a charge or fee.
C. "Refuse" means combustible and noncombustible
discarded materials
including but not
limited to paper, wood, glass, clothing products, leaves, clippings, woods, small branches and
limbs, resulting from residential and manufacturing processes.
D. "Troublesome materials" means waste materials of
such nature as
to require unusual
handling and disposal procedures as defined by the Department of Environmental Quality of the
State of Wyoming, which additionally shall include but not be limited to, automobile equipment
and tires, hazardous or dangerous solids or liquids, heavy appliances, scrap metal, bulky
construction materials or demolition materials, trees or tree limbs, concrete, rock, stone, brick,
asphalt or any other materials or items of similar nature.
E. "Construction
materials" means any building
material used to construct a new facility or
structure and any portion thereof, including, but not limited to, stone, woods, fencing material,
insulation, wire, concrete, asphaltic concrete, railroad ties, shingles, carpeting, lumber, pallets,
dirt, cinder blocks, brick, plaster, asphalt, metal, plastics, or any combination
thereof.
F. "Demolition materials"
means any existing
facility or structure being disposed of and any
portion thereof, including but not limited to, wood, lumber, carpeting, railroad ties, concrete, dirt,
asphalt, stone, cinder blocks, brick, plaster, sheetrock, metals, plastics, tree stumps, and
branches, and animal waste.
G. All other relevant definitions as
provided by DEQ,
Solid Waste Management Rules and
Regulations, Chapter I. (Ord. 6D-80 § 1; Ord. 2-80 § 1 (part): prior code §
13-1) (Ord.
No. 8C-93, Amended, 08/21/93; Ord. No. 4A-94, Amended, 06/06/94; Ord. No. 07g-2002,
Amended,
07/16/02)
(8.08.09, Amended, 07/16/2002)
For the protection of health, safety and general
welfare
of its citizens, the city retains the
authority to assume the responsibility for the collection and disposal of garbage and refuse as
defined in this chapter. (Ord. 2-80 § 1 (part): prior code § 13-2)
A. Notice and Evidence of Violation.
Any person violating
any provisions of this chapter
shall be so informed in writing by the City Manager or his designee. The written notice shall fix
a time for compliance which shall, in no event, be less than five days from the day of service of
the notice.
B. The fact that garbage or refuse
remains on any owner's
or occupant's premises in the city
in violation of this chapter shall be prima facie evidence that the owner or occupant of the
premises is responsible for the violation.
C. Failure to comply with the written
notice described
in this section or with any section
shall be deemed a misdemeanor. For any violation of this chapter there shall be minimum fine of
fifty dollars, and any other penalty as prescribed in the general penalty provisions of this
code.
The City Manager or his authorized agent may and at his election
after a notice
is served upon
the alleged violator as set out in this chapter, go upon the lot, parcel of land, alleyway or
sidewalk area in front thereof and remove the accumulated garbage or refuse therefrom. The
expense of the removal shall be charged to the person violating this chapter. (Ord. 2-80 § 1
(part): prior code § 13-6; Ord. No. 07g-02, Amended 07/16/02)
(8.08.030, Amended, 07/16/2002)
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It is declared a nuisance for any person whether
owner, lessee,
or renter of any land, building
or premises to permit the unrestricted disposal or accumulation of garbage or refuse on any
property within the city. It is further unlawful to sweep or otherwise dispose of any garbage or
refuse on any street, gutter, alley, vacant lot, lake or other property except as provided in this
chapter. (Ord. 2-80 § 1 (part): prior code § 13-3(a))
No person shall vend or attempt to vend or
dispose of any
garbage or other article of food that
may be decayed or partially rotten or that may have been taken from any garbage container
except for animal waste products intended for rendering. (Ord. 2-80 § 1 (part): prior code
§
13-3(b))
The removal of rendered animal waste products
shall be totally
the responsibility of the person
or company providing the service and such materials shall be kept in closed sanitary containers
approved by the health inspector. Frequency of removal shall be at the discretion of the health
inspector and disposal in the sanitary landfill shall be under the complete supervision of the city.
(Ord. 2-80 § 1 (part): prior code § 13-3(c))
All business establishments shall be responsible
for keeping
the sidewalks and other public
ways surrounding the property free of any dirt, garbage or rubbish except that which is properly
deposited in an approved receptacle. (Ord. 2-80 § 1 (part): prior code §
13-3(d))
Waste material or refuse used in the
manufacture or remanufacture
of salable products may be
stored in an approved manner on the premises and with the written permission of the building
official. (Ord. 2-80 § 1 (part): prior code § 13-3(e))
It is unlawful to burn any garbage or refuse
within the city.
The burning by business
establishments of paper and paper byproducts and hospital refuse may be approved following the
issuance of an annual permit by the fire chief. The permit shall be issued only upon the
recommendation of the health inspector and building official after an inspection to determine that an
incinerator is:
A. Constructed in
conformance with all applicable building and fire codes;
B. Amenable to the
convenient removal of ashes and refuse;
C. So located as not
to be obnoxious to occupants of adjoining buildings and properties;
D. Meets air
standards as required by the State Department of Environmental Quality, Air
Quality Division. (Ord. 2-80 § 1 (part): prior code § 13-3(f))
(Ord. 11-2007,
Amended, 11/06/2007)
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Tree limbs, branches and wood used in
construction shall
be cut to lengths not exceeding six
feet. It shall be the responsibility of the owner to remove tree limbs, branches and sod to the city
sanitary landfill. (Ord. 2-80 § 1 (part): prior code § 13-3(g))
Rock, stone, brick, concrete, dirt and other
building materials
or mineral wastes shall not be
permitted to accumulate in alleyways or at the curb. Such material that is not to be used in the
immediate future must be stored in a safe manner and in such a way to prevent rodent harborage.
The city will not be responsible for the removal of rock, stone, brick, concrete, dirt and other
building materials or mineral wastes. It shall be the responsibility of the owner to remove such
articles to the city sanitary landfill. (Ord. 2-80 § 1 (part): prior code § 13-3(h))
Heavy appliances, automobile parts and other
waste materials
not reducible to the weight and
size limits described in this chapter shall be rendered in a safe condition and it shall be the
responsibility of the owner to remove the articles immediately to the city sanitary landfill. (Ord.
2-80 § 1 (part): prior code § 13-3(i))
A. All game and animal hides, heads, carcasses and feet must not be
kept on
any premises and
must be disposed of at the sanitary landfill within twelve hours after being dressed. (Ord. No.
07g-02, Amended, 7/16/02)
(8.08.130, Amended, 07/16/2002)
It is unlawful for any person or refuse hauler to
allow any
garbage, rubbish and waste material
to spill, drop, fall or remain on the ground or any other place. Refuse and/or garbage conveyed to
the sanitary landfill must be tied, covered or secured in such a manner that it cannot be strewn
upon the streets or ground. (Ord. 2-80 § 1 (part): prior code § 13-3(k))
A. All refuse generators that use the City of Rawlins Solid Waste
Facility shall
have a
sufficient
container capacity to contain their normal volume of solid waste between collections. All
household and commercially generated solid waste shall be placed in bags that are secured prior
to placement in the refuse containers. Bags used for this purpose shall be suitable for storage and
disposal of sanitary wastes without bursting or ripping during transportation and loading into the
refuse container. Also bags used for this purpose must be resistant to weakening by moisture and
weather conditions. Exceptions are made for construction debris, demolition debris, and such
other debris, which, by its size and nature, does not lend itself to bagging Exceptions noted
herein do not remove the requirement for securing loads of material being transported to the
facility.
B. All bagged garbage and refuse shall
be placed in metal
containers designed for the receipt
of such material and shall have tight fitting lids so that the contents are not susceptible to
blowing, scavenging by animals or fly-breeding. No containers which are intended to be
manhandled shall be over fifty-five gallons in capacity. Manhandled containers, except
fifty-five-gallon
drums, shall be tapered to facilitate emptying.
The gross weight of the container and
contents shall not exceed eighty pounds except where bin containers have been provided by the
hauler at locations approved by the zoning officer
. (Ord. 2-80 § 1 (part): prior code § 13-4(a);
Ord. No. 07g-02, Amended, 7/16/02)
(8.08.150, Amended, 07/16/2002)
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Where a container does not meet the
specifications of this
chapter or presents a health or
safety hazard, the city shall place a notice of condemnation in a prominent position on the
container notifying the owner that the container may no longer be utilized for the purpose of
refuse storage. If the container is not replaced after two successive pickups, the owner shall be in
violation of this chapter. (Ord. 2-80 § 1 (part): prior code § 13-4(b))
Cleanliness of alleyways insofar as garbage and refuse is concerned,
is the
responsibility of the
contiguous property owners. Where storage of the weekly accumulation of refuse is in an alley,
such accumulation of refuse shall be stored in containers in such a manner that protects it from
animals; shelters it from weather; and otherwise secures it in a sanitary and clean manner. (Ord.
2-80 § 1 (part): prior code § 13-4 (part); Ord. No. 07g-02, Amended,
7/16/02)
(8.08.170, Amended, 07/16/2002)
A. Duty of Owner, Lessee or
Occupant. It shall be the
duty of the owner, lessee or occupant
of property within the city to cut, or dig and destroy all weeds and dead trees or other dead plants
upon such property, and upon streets and alleys within the curb lines in front of, or abutting, the
property. However, no tree within street or alley rights-of-way shall be cut or removed without
the express written consent of the City Arborist.
B. Violations. Any violation of this
section is declared
to be a nuisance, and the City
Manager may require the enforcement of the provisions of this section. Upon the failure of any
owner, lessee or occupant of real property to comply therewith, the City Manager or his designee
may cause a written notice to be given to the person who appears as the last owner of the
property according to the assessment rolls of the county, and to the lessee or occupant of the
property. The notice shall be mailed by registered mail and addressed to the owner at the address
appearing on the assessment rolls and to the lessee or occupant at the address of the property.
The notice shall order the addressee to cut, or dig and destroy such weeds and dead trees or other
dead plants within fifteen days after date of mailing the notice. It shall be unlawful for any such
person to fail or refuse to comply with the notice within the time aforesaid. In the event of the
failure or refusal the City Manager or his designee may cause such compliance and shall
immediately assess and levy the cost thereof against the property upon which the violation has
occurred, or which abuts the street or alley upon which the violation has occurred, and shall
proceed to collect such cost in the manner provided for the collection of city taxes, which shall,
upon becoming delinquent, be subjected to the same interest, penalty and liens as other
delinquent city, county or state taxes. (Ord. 2-80 § 1 (part): prior code § 13-5; Ord.
No.
07g-02,
Amended 7/16/02)
(8.08.180, Amended, 07/16/2002)
A. Definition. "Petroleum
contaminants," as
used in this chapter shall consist of those solid
waste materials which contain or have attached to such those petroleum-based products which
will evaporate and which have not been classified by either the Wyoming Department of
Environmental Quality or the Environmental Protection Agency as "hazardous
materials," thus
specifically restricting such from disposal at municipal solid waste disposal sites, and excepting
used motor oil.
B. Conditions of
Disposal.
1. No petroleum contaminants, nor
other petroleum-based
materials, may be deposited at the
city sanitary landfill without the prior consent of the city manager.
2. No petroleum contaminants will be
accepted until such
have been thoroughly mixed with
soils, and meet the standards of the Wyoming Department of Environmental
Quality.
3. The city manager, or his designee,
may, at his option,
request any individual load be
weighed at the expense of the person making the delivery. The load so requested to be weighed
will not be accepted for deposit until evidence of the weight has been delivered to the city
manager or his designee.
4. No petroleum contaminants shall be
deposited without
the presence of the designated
landfill personnel and the specific location of such deposit having been given to the driver of the
load-carrying vehicle.
C. Fees for Disposal of Petroleum
Contaminants. Fees
shall be as set by City Council
resolution. (Ord. No. 07g-02, Amended 7/16/02)
(8.08.185, Amended, 07/16/2002)
A. It is deemed in the best interest of
the city that
the collection of garbage and refuse be
done by private competitive contractors. The collection of the hauler's fee is his responsibility
and the city shall not be held accountable. The hauler is to comply with the restrictions and
provisions stated in this article.
B. Any person hauling his own
garbage and/or refuse must
deposit it at the city sanitary
landfill and is held responsible for complying with all but Sections 8.08.210 through 8.08.260.
(Ord. 2-80 § 1 (part): prior code § 13-11; Ord. No. 07g-02, Amended,
7/16/02)
(8.08.190, Amended, 07/16/2002)
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Each licensed hauler shall provide covered tank or truck, so
constructed that
the contents do
not leak or spill therefrom, in which all garbage collected by him shall be conveyed to the
sanitary landfill, unless the garbage utilized is for commercial purposes. The truck or conveyance
used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to
stand in any street, alley or public place longer than is reasonably necessary to collect garbage.
Each truck or conveyance licensed through the City must show proof of an annual DOT
inspection. Said inspection must have been made within three months of the time of licensing
that truck or conveyance with the City. (Ord. 2-80 § 1 (part): prior code § 13-12;
Ord. No.
07g-02, Amended, 7/16/02)
(8.08.200, Amended, 07/16/2002)
It is unlawful for any person to collect refuse and/or garbage for
hire without
having first
secured from the city Clerk a license to do so. (Ord. 2-80 § 1 (part): prior code §
13-13(a);
Ord.
No. 07g-02, Amended 7/16/02)
(8.08.210, Amended, 07/16/2002)
Any person desiring a license required by
Section 8.08.210
shall make application therefor to
the city clerk on forms provided for that purpose. (Ord. 2-80 § 1 (part): prior code §
13-13(b))
Upon approval of the application by the city Manager, and after the
payment
of the required
fee, the city clerk shall issue a license applied for under Sections 8.08.210 through 8.08.250.
(Ord. 2-80 § 1 (part): prior code § 13-13(c); Ord. No. 07g-02, Amended,
7/16/02)
(8.08.230, Amended, 07/16/2002)
The license of a hauler may be revoked for
persistent and
repeated failure on his part to
properly collect garbage, rubbish and waste material. It is unlawful for any hauler whose license
has been revoked to collect garbage, rubbish and waste material within the city; provided, that no
license shall be revoked except upon a hearing before the city council upon three days' notice in
writing given to the hauler. (Ord. 2-80 § 1 (part): prior code § 13-13(d))
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Haulers shall provide to the City Clerk before the tenth of each
month, a list
of customers, size
of containers for that customer, and frequency of pickup. (Ord. No. 07g-02, Amended,
07/16/02)
(8.08.250, Added, 07/16/2002)
The city council from time to time shall adopt
reasonable
rules and regulations not
inconsistent with this chapter nor federal or state rules and regulations, to govern the operation of
private haulers and to promote the health, safety and general welfare. (Ord. 2-80 § 1 (part):
prior
code § 13-14)
(8.08.269, Amended, 07/16/2002)
The city shall maintain a solid waste management facility
(hereinafter referred
to as "facility")
for the disposal of solid waste. The facility shall conform to the applicable federal, state and
local laws and regulations. The city sanitary landfill shall be available to the general public upon
payment of the specified fees and in conformance with the rules and regulations promulgated
under this article. (Ord. 2-80 § 1 (part): prior code § 13-21(a); Ord. No. 07g-02,
Amended,
7/16/02)
(8.08.270, Amended, 07/16/2002)
It is unlawful for anyone to separate, collect, carry off or otherwise
remove
or dispose of
anything whatsoever from the facility without the permission of the City Manager or his
designee. (Ord. 2-80 § 1 (part): prior code § 13-21(b), Ord. No. 07g-2002,
Amended, 7/16/02)
(8.08.280, Amended, 07/16/2002)
The city council shall designate the days and hours that the facility
shall
be open to the public.
Notice of these days and hours shall be posted at the entrance. (Ord. 2-80 § 1 (part): prior
code
§
13-21(c); Ord. No. 07g-02, Amended 7/16/02)
(8.08.290, Amended, 07/16/2002)
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The city council shall designate those hazardous wastes, that may
be disposed
at the facility.
Those hazardous wastes not designated in this manner shall be rendered harmless by the disposer
and so certified all at his expense, before the material shall be accepted in the facility. (Ord. 2-80
§ 1 (part): prior code § 13-21(d); Ord. No. 07g-02, Amended,
7/16/02)
(8.08.300, Amended, 07/16/2002)
The city council shall prescribe such additional rules and
regulations as it
may deem proper,
not inconsistent with the federal, state and local laws and regulations to govern the operation of
the facility. Such rules and regulations shall be in writing and copies maintained in the city
clerk's office and at the facility. (Ord. 2-80 § 1 (part): prior code § 13-21(e); Ord.
No.
07g-02,
Amended, 7/16/02)
(8.08.310, Amended, 07/16/2002)
It is unlawful for any person to use land or
places within
the limits of the city for the purpose
of dumping ashes, refuse, garbage, waste or other matter other than the sanitary landfill provided
in this article. (Ord. 2-80 § 1 (part): prior code § 13-22)
All charges, fees or other income shall, upon
delivery to
the city treasurer, be deposited to the
credit of the sanitation fund of the city to be made available and defray the expense of proper
maintenance of the city's solid waste management system. (Ord. 2-80 § 1 (part): prior code
§
13-23(b))
All fees imposed and collected for access to or use of the facility
shall be
established by
resolution of the City Council, which, other than the first resolution initially setting fees, shall
be
effective not less than thirty (30) days following passage; with the initial resolution being
effective on the effective date of the ordinance. (Ord. 6C-87 § 1; Ord. 9-86: Ord. 6D-80
§
3: Ord.
2-80 § 1 (part): prior code § 13-23(c)) (Ord. No. 6B-93, Amended, 06/15/93/: Ord.
No. 07g-02,
Amended, 7/16/02)
(8.08.350, Amended, 07/16/2002)
All fees chargeable under this article shall be
due and payable
at the office of the city treasurer
on or before the tenth day of the month following the date of the bill. (Ord. 2-80 § 1 (part):
prior
code § 13-23(d))
All accounts under this article shall be carried in
the names
of the respective property owners
and the owner, agent, tenant, purchasers and lessee of each such place of abode or place of
business shall, each and all, be jointly and severally liable for the payment of all fees under this
chapter. Failure to pay any fees when due shall constitute a violation of the provisions of this
chapter. Collection of the fees fixed under this chapter when delinquent may be enforced by civil
action at law brought by the city in any court with competent jurisdiction. This remedy is
cumulative and not exclusive and shall be in addition to all penalties provided by this chapter for
violation of any of the provisions of this chapter. (Ord. 2-80 § 1 (part): prior code §
13-23(e))
No materials shall be accepted at the facility which originate
outside of the
service area
approved under the Wyoming Department of Environmental quality permit unless permission is
first granted to deposit the material by the Department of Environmental Quality and approval of
the City Manager or his designee. (Ord. No. 07g-02, Amended, 7/16/02)
(8.08.390, Amended, 07/16/2002)
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Chapter 8.12
Sections:
Section
8.12.010 Nuisance.
It is found and declared that the making,
creation or maintenance
of loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and
effect are a detriment to public health, comfort, convenience, safety and welfare of the residents
of the city and are declared a nuisance. (Prior code § 18-23)
It is unlawful for any person to make, continue
or cause
to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others, within the limits of the city. (Prior code
§
18-24)
The various noises and causations of noises
enumerated in
this chapter, among others, are
declared to be loud, disturbing and unnecessary noises in violation of this chapter, but the
enumeration shall not be deemed to be exclusive. (Prior code § 18-25)
The use or operation of any sound amplification
device which
produces or transmits loud and
raucous sounds, in such a manner as to interfere with the comfort and tranquility of the public
shall be unlawful. (Ord. 8Q-83: prior code § 18-26)
The use of any automobile, motorcycle or
vehicle so out of
repair, so loaded or in such manner
as to create loud and unnecessary grating, rattling or other noise is declared to be in violation of
this chapter. (Prior code § 18-27)
The creation of any excessive noise on any street
adjacent
to any school, institution of
learning, church or court while they are in use, or adjacent to any hospital, which unreasonably
interferes with the workings of such institution, or which disturbs or unduly annoys patients in
the hospital, provided conspicuous signs are displayed in such streets indicating that the building
is a school, hospital or court street is declared to be in violation of this chapter. (Prior code
§
18-28)
The shouting and crying of peddlers, hawkers
and vendors
which disturbs the peace and quiet
of the neighborhood is declared to be in violation of this chapter. (Prior code §
18-29)
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Section Index
Chapter 8.16
Sections:
8.16.140 Title to impounded vehicles
Section 8.16.010 Violation
prohibited.
| The accumulation or storage of derelict, abandoned, wrecked, dismantled, unlicensed
or inoperative vehicles litter or junk on private or public property is found to create a condition
tending to reduce the value of private property, to promote blight and deterioration, to invite
plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the
health and safety of minors, to create a harborage for insects, rodents, skunks and other vermin
and to be injurious to the health, safety and general welfare of the public. Therefore, the presence
of litter, or an abandoned, derelict, wrecked, dismantled or inoperative vehicle, or unlicensed
vehicle on private or public property, except as expressly permitted, is declared to constitute a
public nuisance which may be abated as such in accordance with the provisions of this chapter. It
is unlawful for any person to maintain or permit the existence of any nuisance on any property
within the city. Any person who may be in violation of this section shall, in addition to any
penalty that may be imposed for the violation of this code, be subject to the provisions of this
chapter. (Prior code § 18-1)(Ord. 07-2005, Amended, 07/19/2005)
|
| The various nuisances described and enumerated in this section
shall not be deemed to be exclusive, but shall be in addition to all other nuisances described and
prohibited in this code. |
| A. | Things Interfering
With Peace or Comfort. Sounds, animals or things that interfere with the peace or comfort or
disturb the quiet of any person in the city shall constitute a public nuisance. |
| B. | Obnoxious,
Offensive Odors. The emission of obnoxious and offensive odors; the tainting of the air
rendering it offensive and/or unwholesome so as to affect the health or comfort of persons
residing in the neighborhood thereof, shall constitute a public nuisance. |
| C. | Discharging of
Offensive Matter. The placing, throwing or discharging from or out of any house or premises, of
any filthy, foul or offensive matter, liquid or effluent of any kind, into any street, alley or public
place, or upon any adjacent lot or ground, shall constitute a public nuisance. |
| D. | Water Pollution.
The obstruction or pollution of any watercourse or source of water supply in the city.
|
| E. | Stagnant Water.
Any stagnant pool of water in the city. |
| F. | Emission of Dense
Smoke. The emission of dense smoke from any fire, chimney, engine, oil burner or other agency
in the city so as to cause annoyance or discomfort to the public. For the purpose of testing and
grading the density of smoke the Ringelmann Smoke Chart as published and used by the United
States Geological Survey shall be the standard for such grading, and smoke shall be defined as
and declared to be dense when it is of a degree of density of number three of the chart, or greater,
for more than six minutes in any one hour, whether such period of time is consecutive or not.
|
| G. | Certain Weeds.
Weeds determined to be noxious by the Wyoming Weed and Pest Council, any weeds such as
jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing in any
lot or tract of land in the city. |
| H. | Maximum Height
Permitted. Any weeds, grass or plants, other than trees, bushes, flowers or other ornamental
plants, growing to a height exceeding eight inches anywhere in the city except naturally occurring
plant life in undeveloped areas of the city. |
| I. | Abandoned, Junked,
etc., Vehicles. Unlicensed, abandoned or junk vehicles and parts or remains thereof parked upon
private property, public property, public streets, alleys or ways are declared to be nuisances. The
presence of an unlicensed vehicle, abandoned, wrecked, dismantled, derelict or inoperative
vehicle, on private or public property, is declared to constitute a public nuisance that may be
abated as such in accordance with the provisions of this chapter. The tearing down, stripping or
junking of such vehicles shall be permitted only where and when such use is specifically
authorized, permitted or licensed under other ordinances of the city and in strict accordance
therewith; or which use is conducted entirely within the confines of an accessory garage building,
then only provided that such vehicle is the property of the owner or occupier of the lot and that
such use is not a commercial use of the property, unless such use is authorized by other
ordinances of the city. A vehicle shall be deemed to be "abandoned" under any of the
following circumstances; provided, however, that a vehicle left unattended due to adverse road or
weather conditions, acts of God, or mechanical difficulties shall not be deemed to be abandoned
for the period required to see the passage of the conditions or a reasonable time to remove the
vehicle for repairs: |
| | 1. | If the vehicle is left unattended on a public street, highway, alley, parking lot or
other public property within the jurisdictional limits of the city for more than twenty-four hours
after a notice to impound has been placed upon the vehicle pursuant to the provisions of Section
8.16.030 and the vehicle has been impounded and the notice of impound has been given pursuant
Wyoming Statues § § 31-13-101, et seq.; |
| | 2. | If the vehicle has been left unattended on private property without the consent
of the owner or person in lawful possession thereof. |
| Derelict Vehicles. A vehicle, or parts thereof, shall be deemed to be
"derelict" if the vehicle is: |
| | 1. | Inoperable to the extent that it is unable to perform its original intended
function; |
| | 2. | Partially or wholly dismantled; |
| | 3. | Wrecked to the extent that prevents legal operation; |
| | 4. | Junked or intended to be recycled or scrapped; |
| | 5. | An unlicensed vehicle |
| This section defining derelict and abandon vehicles shall not apply
to the following: |
| | 1. | A vehicle that is enclosed in a secure building; |
| | 2. | A vehicle on the premises of a business enterprise operated in a lawful place
and manner when necessary to the operation of the business enterprise; |
| | 3. | A vehicle in an appropriate storage or depository facility maintained in a lawful
place and manner by a governmental agency; |
| | 4. | An antique motor vehicle as defined in W.S. 31-2-210 which is licensed as
provided by law. |
| | 5. | A vehicle which is covered by an intact custom car cover made for the specific
type and size of vehicle which it covers. |
| | a. In no instance may a
person have more than two (2) such covered vehicles on his or her property. |
| | b. No custom covered
vehicle may be stored on public property or right-of-way. |
| | 6. | A race car that is currently actively engaged in racing and equipped for racing
with roll cage, windows removed, drivers name, sponsors and number displayed. Demolition
race cars shall be considered derelict vehicles two weeks after the demolition race. |
| J. | Junk. Any iron,
glass, weeds, metal, lumber, stumps, grass, trash, straw, hedge trimmings, cut tree branches,
paper, cordage, cloth, construction debris building material not intended for immediate use or
other waste or discarded material of any nature or substance whatsoever or any scrap or salvage
materials which are left or permitted to remain for any unreasonable period of time upon any real
property within the city or any city property within or without the corporate limits of the city or
upon or within the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel shall
constitute a nuisance. |
| K. | Foul, Offensive
Conditions. Any cellar, vault, private drain, pool, privy, sewer or grounds upon any premises
owned or occupied by any person which becomes nauseous, foul, offensive or injurious to the
public health, or any grounds or other premises in such condition as to be offensive and/or
unwholesome to the neighborhood shall constitute a nuisance. |
| L. | Any refrigerator or
freezer, electronic equipment or appliances which is not being utilized for it's intended use.
(Ord. 8-88; prior code § 18-2)(Ord. 07-2005, Amended, 07/19/2005) |
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| A. | It shall be the duty of any person
receiving the notice of a public nuisance as provided in this chapter to comply with the
provisions of the notice and to abate such nuisance within ten days after the receipt of such
notice, and if such person shall fail or refuse to abate such nuisance within ten days from receipt
of such notice without just cause, such failure is declared to be unlawful and shall constitute a
misdemeanor. Each day such nuisance persists shall constitute a separate violation. |
| B. | It is unlawful and shall constitute a
misdemeanor for any person, after having received notice as provided in this chapter, to remove
any vehicle or junk from private property to any other private property upon which storage is not
permitted, or onto any public property. |
| C. | If the nuisance is not abated within
the time provided, and after notice as provided by 8.16.040 the city may abate the nuisance, and
the cost of abatement may be charged to the owner of the nuisance or assessed against the land
upon which the nuisance exists or both. (Ord. 8-88; prior code §18-2) |
| A. | Whenever the city
manager or his appointed representative is of the opinion that any condition is a public nuisance
as defined herein, the city manager or representative shall attempt to give written notice to the
owner of the condition, if his or her address is known, to the owner of the land where the
condition is located, and to any other person or entity known by the city manager to have a
security interest in the vehicle or junk. The notice shall be attempted by registered mail or
personal service, if the address of the individual or entity is known. In the case of vehicles, where
practical, the notice shall also be affixed to the windshield or some other part of the vehicle
where it can be easily seen. Where affixing the notice to a vehicle is impractical, and in the case
of junk, the notice shall be posted at the site or on the premises where the nuisance
exists. |
| B. | Such notice shall
include substantially the following information: |
| | 1. | A statement that
a certain condition is a nuisance within the provisions of Section 8.16.010; in the case of a
vehicle, the notice should include make, year and vehicle identification number if reasonably
possible; |
| | 2. | A description of
the real property, by street address or otherwise, on which the nuisance exists; |
| | 3. | A statement that
such nuisance must be abated within ten days from the date on the notice; |
| | 4. | A statement that
if the nuisance is not abated within the time provided, the city may abate the nuisance, and the
cost of abatement may be charged to the owner of the nuisance or assessed against the land upon
which the nuisance exists or both; |
| | 5. | A statement that
a hearing upon the allegation of a public nuisance and the assessment of costs may be requested
by giving written notice to the clerk of municipal court within ten days from the date on the
notice, and that a request must specify the property concerning which the request is made, the
requesting partys name and address, and the nature of the interest held by the requesting
party; that upon request a hearing will be scheduled to determine if a public nuisance exists and
as to the assessment of administrative costs and the costs of abatement; that if a hearing is not so
requested the right to a hearing shall be waived; |
| | 6. | A statement that
failure to abate the nuisance may result in a city abatement and/or criminal charges. |
| C. | In the event that
notice, as provided in subsection A of this section, cannot be given to each individual known by
the city manager or his representative to have an interest in the vehicle or junk, service shall be
made by publication. Such notice by publication shall be made by one publication in a newspaper
of general circulation in Carbon County. The notice of publication shall contain the same
information required in the notice described in subsection A of this section. Notice by
publication may contain multiple listings of public nuisances. |
| D. | Proof of notice
shall be made by the certification of any officer or employee of the city, or affidavit of any person
over eighteen years of age, naming the person to whom notice was given and specifying the time,
place and manner thereof. Proof of notice shall be made in each case and maintained for a period
of two years from the date of abatement of the nuisance for which notice has been given. (Ord.
8B-83: prior code §18-4) |
| A. | A request for a hearing upon the
allegation of a public nuisance and the assessment of costs shall be made in writing and delivered
to the municipal court clerk within ten days from the date of the notice to abate. Such request
shall specify the property concerning which the request is made, the requesting partys
name and address, and nature of the interest held by the requesting party in the vehicle or
junk. |
| B. | In the event of a public nuisance as
defined in Section 8.16.010, of which notice has been given, and which remains unabated for
more than ten days, the city manager or his representative is granted the authority to abate,
remove or cause the removal of the vehicle or junk; provided, however, that if a proper request
for hearing is filed, abatement shall only proceed upon order of the municipal judge or hearing
examiner. |
| C. | In the event a request for hearing is
filed as provided, a hearing shall be held before the municipal judge or such other individual or
group as designated by the city council to act as hearing examiner. The purpose of the hearing
shall be to confirm or deny the existence of a public nuisance and for taking such further action
as is authorized under this chapter. Notice of the time, place and hour of the hearing shall be sent
at least ten days in advance of the hearing to the requesting parties and the city
attorney. |
| D. | At such hearing, all parties and the
city shall be afforded an opportunity to present evidence, to cross-examine and present argument;
provided that all persons testifying shall be sworn; irrelevant, immaterial or unduly repetitious
evidence shall be excluded; and the decision of the, municipal judge or hearing examiner shall be
based upon the type of evidence commonly relied upon by reasonably prudent people in the
conduct of their serious affairs. |
| E. | At or after such hearing, and in the
event of confirmation that a public nuisance exists, the municipal judge or the hearing examiner,
as the case may be, may resolve or order that the city manager and/or his employees or agents
remove or otherwise abate the nuisance; provided, however, that if the circumstances justify, in
the opinion of the municipal judge or person presiding at the hearing, the time for abatement may
be delayed. In the event a nuisance is confirmed, administrative and removal costs may also be
assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority
shall be denied and costs shall not be assessed. |
| F. | Appeals from adverse decisions
rendered by the hearing examiner or municipal judge pursuant to subsection D of this section
may be made to the district court in the same manner as an appeal from an adverse decision
rendered by an agency in a contested case under the provisions of Section 16-3-114 of the
Wyoming Statutes, 1977. The municipal judge or hearing examiner, as provided in subsection C
of this section, is an agency within the meaning of the Wyoming Administrative Procedures Act
and adverse decisions may be appealed in the manner provided therein. |
| G. | In the event a request for hearing or
appeal, as provided, is not filed, the right to a hearing shall be considered to have been waived.
(Ord. 8C-83: prior code §18-5) |
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Section
8.16.060 Removal--Voluntary consent--Affidavit
|
The owner of any vehicle or junk or the owner of real property where any junk or vehicle has
been abandoned may voluntarily consent to the removal of such property by the city. In order to
give such consent, all owners of the property shall execute an affidavit in a form acceptable to
the city attorney, stating that there are no other owners of the property, or lien holders having a
security interest in the property; that unless waived by the city the owners will reimburse the city
for the actual costs of removal or such other costs as are established by the city manager for such
removal; and that such reimbursement will be made to the city within thirty days of removal.
Such affidavit shall constitute a statement by the owners signing such affidavit that they will
indemnify the city for any loss or expense alleged by any other party as a result of removal or
disposal. The execution of such affidavit shall also release the city from any obligation to
account or pay over to the owners any amount the city receives for the property. (Prior code
§18-6) |
| A. | Any vehicle or junk which is
impounded or removed and taken into custody, as provided in this chapter, may be disposed of
according to the provisions of Section 7-2-111 of the Wyoming Statutes, 1977, or Sections
31-13-108, 31-13-109 and 31-13-110 of the Wyoming Statutes, 1977 |
| B. | The city manager shall, from time to
time, determine and fix an amount to be assessed as administrative costs in relation to
enforcement of this chapter. This cost of administration may be set as a fixed sum per removal or
as a percentage of the actual cost of removal under this chapter. The city may take any action
allowed by law to collect, the actual costs of removal and storage of any property constituting a
public nuisance. Nothing herein shall prohibit the city to right to waive cost of removal.(Ord.
8D-83: prior code §18-7)(Ord. 07-2005, Amended, 07/19/2005) |
Section 8.16.080 Search
warrant
| A. | The city manager or his
representative may make application to the municipal court for authority to enter upon land to
examine vehicles or junk for the purpose of making a determination as to whether a public
nuisance exists and/or securing information as to the ownership of a vehicle or junk thought to
constitute a public nuisance and/or securing information as to the identity of the person or
persons in control of the land where the vehicle or junk is situated. |
| B. | The municipal court has authority to
issue search warrants and other process necessary to enforce this chapter. |
| C. | A warrant shall issue only upon
affidavit sworn to before a municipal judge that establishes the grounds for issuing the warrant. If
the judge is satisfied that the grounds for the application exist or that there is probable cause to
believe that they exist, he shall issue a warrant identifying the purpose of the search, and naming
or describing the place to be searched. The warrant shall be directed to the city manager, his
representative or to any officer authorized to enforce or assist in enforcing the laws of the state or
of the city. The warrant shall state the grounds or probable cause for its issuance and the names
of the persons whose affidavits have been taken in support thereof. The warrant shall command
that the search take place forthwith. The warrant shall direct that it be served in the daytime, but
for good cause shown, the warrant may direct that it be served at any time. (Prior code
§18-8)(Ord. 07-2005, Amended, 07/19/2005) |
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| A. | The owner or person in control of
any private property shall at all times maintain the premises free of litter. This requirement
applies not only to removal of loose litter, but to materials on, or that become trapped on, such
locations as abutting city sidewalks, strips and parkways, and private or publicly owned fences
and wall bases, grassy and planted areas, borders, embankments and other such lodging
points. |
| B. | Persons owning or occupying places
of business which face on municipal sidewalks and strips or parkways between streets and
sidewalks shall be responsible for keeping those sidewalks and strips free of litter. Cleanliness of
the alleyways is the responsibility of the contiguous property owners. |
| C. | It is unlawful to sweep or push litter
from sidewalks and strips or parkways into streets. Sidewalk and strip or parkway sweepings
must be picked up and put into household or commercial solid waste containers. |
| D. | Waste material or refuse used in the
manufacture or remanufacture of salable products may be stored in an approved manner on the
premises and with the written permission of the health, fire and building
departments. |
| E. | Rock, stone, brick, concrete, dirt and
other building materials or mineral wastes shall not be permitted to accumulate in alleyways or at
the curb. Such material must be stored on private property in a safe manner and in such a way to
prevent rodent harborage. (Prior code § 18-9)(Ord. 07-2005, Amended,
07/19/2005) |
| The city attorney is authorized to institute such proceedings in the name of
the city in any court having jurisdiction over such matters against any property, entity or
individual for which the charge for abating a nuisance under this chapter has remained unpaid for
a period of thirty days after a bill therefor has been rendered to the owner of the property
involved. (Ord. 8F-83: prior code §18-10)(Ord. 07-2005, Amended, 07/19/2005)
|
| In addition to any other penalties or remedies, the city manager or his designee
is authorized and empowered to serve notice upon the occupant or the owner, or his agent, to
remove litter from his private property. If the litter is not removed within five days after service
of notice, the manager or his designee shall have it removed and the cost of removal shall be
assessed against the property and constitute a lien thereon. The owner shall be notified, in
writing, of the amount assessed, and if it is not paid, it shall be collected in the same manner as
provided by 8.16.100. (Prior code §18-11)(Ord. 07-2005, Amended,
07/19/2005) |
| It is unlawful for any person to throw, discard, place, deposit, distribute, cause or
allow to be thrown, discarded, placed, deposited, or distributed, litter in any manner or amount
on any public or private property within the corporate limits of the city, except in containers or
areas lawfully provided therefor. (Ord. 8E-83: prior code §18-12)
(Ord. 07-2005, Amended, 07/19/2005) |
| Code Enforcement Officers are hereby granted authority to enforce the ordinances
found in this Chapter through the use of forfeitable citations through the Rawlins Municipal
Court using the bond schedule developed by the Rawlins City Council. (Ord. No. 08-02, Adopted
8/6/02)(Ord. 07-2005, Amended, 07/19/2005; 8.16.130, Added, 08/21/2002; 8.16.130, Amended,
08/21/2002) |
| Title to any impounded vehicle not reclaimed by the registered owner or any
lienholder within thirty days of the date of the report required by Section 8.20.060 shall vest in
the city. A change in the title may be obtained by the city pursuant to the authority of this chapter
and the procedure established in state statutes to obtain a change in title.(Ord. 07-2005, Add,
07/19/2005) |
| A. | Upon removal of any vehicle by the
city, a written report of the removal shall be sent to the last address of the owner, if known,
otherwise such notice shall be sent to the Wyoming Department of Revenue and Taxation. The
report shall include a description of the vehicle, the date, time and place of removal, the grounds
for removal and the place of impoundment of the vehicle. |
| B. | Proof of providing the report shall
be made by the certificate of any city employee involved in the impoundment of the vehicle,
specifying the person to whom the report was directed and the date and manner the report was
provided. |
| C. | Such report shall not be required if
the retail value of the vehicle is less than six hundred dollars as reasonably determined by the
chief of police or his designee.(Ord. 07-2005, Add, 07/19/2005) |
Chapter Index
Section Index
Chapter 8.18
Sections:
8.18.010 Abandoned iceboxes or
refrigerators.
8.18.020 General Dangerous Conditions
Section 8.18.010 Abandoned iceboxes or
refrigerators.
Whosoever abandons or stores any refrigeration
unit or icebox
in such a place as to be easily
accessible to children without first having made adequate provisions to prevent entry into such
refrigeration unit or icebox or without having removed all latches, catches, locking devices or the
door thereof, so that escape from the interior may be had, shall be deemed guilty of a
misdemeanor; and upon conviction thereof shall be punished in accordance with the penalties in
Section 1.08.010 of the Municipal Code of the city. (Ord. 7A-88)
Section 8.18.020 General Dangerous
Conditions
It is unlawful for any person to maintain or permit
the existence
of any condition that is a
danger to life, health, or property within the City. Dangerous conditions include, but are not
limited to: structures in violation of the Uniform Building Code for the Abatement of Dangerous
Buildings, trees in danger of falling, all or in part, unprotected excavations, improper storage of
hazardous or toxic materials, conditions that facilitate the spread of disease, vermin and pests.
Whosoever permits the existence of a dangerous condition shall be guilty of a misdemeanor; and
upon conviction thereof shall be punished in accordance with the penalties in Section 1.08.010 of
the Municipal Code of the City. The procedure for abatement of Dangerous Conditions shall be
per section 8.16.030 through 8.16.120, of the Rawlins Municipal Code. (Ord. No. 02-03,
Adopted, 2/18/03)
(02-2003, Added, 02/28/2003)
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