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500 TOWN OF TAOS ORDINANCES YEAR: NUMBER: O � ORDINANCE NO. 500 f AN ORDINANCE PROVIDING FOR A GENERAL SYSTEM I OF GARBAGE COLLECTION AND DISPOSAL; VESTING i� IN THE TOWN OF TAOS THE EXCLUSIVE RIGHT TO GATHER AND COLLECT GARBAGE WITHIN SAID TOWN; 1 ASSESSING AND COLLECTING THE EXPENSE THEREOF; g PROVIDING PENALTIES FOR THE VIOLATIONS HEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH i! ,1 BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF TAOS, NEW MEXICO: I SECTION 1. The enforcing of a general system of garbage col lection is hereby declared to be necessary for the health and wel- !y fare of the community. (� SECTION 2. Person defined. The word "person" as used in I( this ordinance shall include every person, firm or corporation i 1f owning or controlling any house, residence, shop, establishment, hotel, restaurant, market, apartment or tenant house or any place . I f of business within the Town of Taos. i! SECTION 3. (a) For the purpose of this ordinance the word ;I gerbage" as used herein, shall include any and all rejected or waste food, offal, swill, carrion, ashes, waste paper, trash rub- bish and waste or unwhclesome materials of every kind and character. (b) For the purpose of this ordinance, garbage shall be divided into two classes, defined as follows : Class 1. Garbage shall be held to include and mee,n kitchen and table refuse and leavings, and any anti all reject- ed or waste food, offal, swill, carrion, slops, and also every ac i; cumulation of animal and vegetable and other matter that attends j; the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruit or vegetables. I (1) 3 i i Class 2. Garbage shall include and be held to mean corckery, bottles, tin cans, metal vessels, trimmings from lawns, trees and flower gardens, pasteboard boxes, rags, paper straws, sawdust, packing material, shavings, boxes, ashes, weeds, and all rubbish or other refuse. (c) The term "food dispensers premises " , as used! in this ordinance, shall include all restaurants , cafes, confect- ioneries, hotels or other establishments that regularly engage in the preparation, of and sale of food for consumption upon such pre-{ mises; provided that the premises of produce houses, fruit stands,1 ,s grocery stores, bakeries and &.11 other food processing and manufac�,- turing establishments shall also be considered food dispenser' s premises. (d) The term "residences" shall. include all pre mises on which persons reside for more than temporary period, and, : therefore, excluding premises operating for the housing of tran- sient persons. (e) The term "business premises" as used in this, ordinance shall include all premises other than those which have been heretofore defined as food dispenser' s premises or residences. SECTION 4. The Town of Taos shall cause to be provided and maintained suitable equipment, sufficiently manned, to remove and dispose of garbage within the Town of Taos. SECTION 5. No person owning or occupying any building, lot or premises in the Town of Taos shall suffer, allou or permit to remain upon said lot or premises any garbage except during; inter- vals between regular collections as hereinafter provided. No per- son shall transfer or dispose of garbage in any manner other than as prescribed in this ordinance; it shall be unlawful to deposit (2) I 1 any such garbage on the public streets, alleys or public ways ex- cept in proper receptacles or to deposit it upon vacant lots in oit out of receptacles with intent to avoid its collection under the terms hereof. ;i SECTION 6. It shall be unlawful for any person to burn any garbage or waste matter of offensive odor within the Town provided f thAt waste raper and weeds may be burned under regulations of the Tovm. It shall be unlawful to dump any garbage or waste matter ot, any cha.ra;cter in any ditch, alley, or upon any premises in the Town. SECTION 7. ;very owner or occupant of any premises where Class 1 and 2 garbage is created or accumulated shall provide upon such premises, in a suitable place, one or more galvanized garbage receptacle or 'not greater than thirty (30) gallons capacity each., with tight fitting covers therefor, in sufficient numbers for re- ceiving and holding all garbage created upcn such premises between the times of collection �.nd removal. SECTION 8. All garbage receptacles shall be kept in a clean and good condition by the owner or person using same and such re- ceptacles shall at a_ll times be located in such plaices as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street or alley within the corporate limits of the said Town unless by direction of the Tewn Sanitary Inspector, or anywhere so as to constitute a nuisance. In all cases of disputes or complaints arising from or concerning the place where the receptacles ahall be _olaced while awaiting the, removal of their contents, the Tk,:ran Sanitary Inspector shall des- ignate the "place, and his decision shall be final. No cardboard, coi'rigated paper, fiber or' wooden boxes, cases, tubs, barrels or a� i; { {i J 'j I �) III; E� Ii I� I' lk or other containers having a cubic capacity equivalent to ten (10) fluid gallono or rjo:rr , shall be put out for removal, as garbage for collection as such In said Town, without first being broken up and collapsed £a s flat as possible and tied in bundles, and no such bundle shall exceed i if ty (50) pounds in weight, or exceed four (4) feet in length; provided further that tree limbs or other veg- etation of any kind shall be cut in lengths of not over four (4) feet and tied. in bundles not exceeding two (2) feet in diameter or fifty (50) pounds in weight. SECTION 9. From and after thb l,;i/ 2 day of /t;,br✓ 1-y , 1951, the Town of Taos , its duly authorized agents, servants, or employes shall have the exclusive right to ge.ther and collect garbage with- in said To'Fm and it shall be unlawful for any other per son, firm or corporation to collect or gather garbage within said Town. This section shall not apply to any person hauling clean sawdust, manure for fertilizer or wastes from building operations; rock, waste, sc.ra.p building materials, or other trash resulting from construct- ion or major remodeling, if the same be hauled in a sanitary man- ner end under reasonable regulations fixed by the lown. SECTION 10. All garbage shall be collected, removed and dis- posed of in such manner as not be too needlessly offensive And fil- thy in relation to any person, place, building premises or highway. It shall be unlawful for any collector to use cart, truck or vehi- cle for the conveyance of garbage of any kind, or any offensive or ill—smelling matter, unless the cart, truck or vehicle is staunch, tight and so constructed as to wholly prevent :leakage or smell, or unless the cart, truck or vehicle is provided with cover securely fastened ove ^ the top thereof, and be so constructed as to prevent a i the deposit of such garbage, or any portion thereof, in or upon i f the streets through which cart, truck or vehicle may be driven. Every cart, truck or vehicle used by any collector shall be kept clean and in good condition. SECTION 11. That for r',e purpose of defraying the expense of i the collection and disposal of garbage, and paying the salaries of garbage collectors, there is hereby essessed against every person owning, operating or controlling any house, residence, shop, es- tablishment, hotel, restaurant, market, apartment , tenant house or other place of business, garbage collection fees, payable to the Town, are established, as follows : Residence, a fee of seventy-five (75,d,) cents, per month; Apartments , a fee of seventy-five (75¢) cents, per apartment, per month; Food dispensers and all other business establish- ments , a fee of not less than One ($1.00) Dollars, per month, nor more than Ten ($10.00) Dollars, per month, to i be determined by the Mayor and Board of Trustees, or by the Sanite_tion Department, of the Town of Taos, on the basis of the amount of garbage to be collected and sub- { sect to revision by the Board of Trustees. Such fee, or fees, shall be payable at the office of the Tovm Clerk of the said Town of Taos. It is, further, grovided that the above schedule of fees shall become effective on and after February, 15th, 1951, and shall be effective, each and every month, from e.nd after said date. Residence and apartment fees to be paid semi-an- nually, on or before MF.rch let, 1951, and on or before M,rch 1st of each year thereafter. However, a discount of ten (10%) per Gent shall be allowed on yearly payments in advance, if paid on or before dates specified above. Business establishments aal food dispenseral ;fees to be raid, in advance, on or before the 10th day of tee cur- rent month; provided, that a discount of ten (10%) per cent may be allowed on yearly payments made in advance, if such payment is made in full on or before March 1st, 1951, and on or before March .Ist, (5) if t I i of eaoh year ,,thereafter. SECTION 12. Every person who shall violate any Seotion of this Ordinance, upon conviction thereof, shall be punished by a fine, as follows; Not less than $5.00, nor more than $10.00 for the first offense; Not leis than $10.00, nor more than $20.00 for the second offense; and, Not less than $20.00, nor more than $50.00 for each subse- quent offense; or,, r � By imprisonment in the Town jail, not exceeding ten days, or by both such fine and imprisonment. SECTION 13, The Town Police Judge shall not have the power j to suspend any of the fines provided for by this ordinance. SECTION 14. If any provisions of this ordinance shall be r held invalid for any reason, the remaining provisions of this ord- inance shall remain in full force and effect. SECTION 3.5. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. ' APPROVED, PASSED AND ADOPTED, this '%` day of January, 1954 f ATTEST. _l =MAYOR. TOWN CLERK ._.�.' C i (6) Trustee Floyd D. Morrow then moved# which motion was secon i ed by Trustee M. B. Packard that all rules which might present, ,'unless suspended, the passage and adoption of said ordinancep be ;suspended and that the same hereby are suspended for the purpose 'of permitting the final passage and adoption of said ordinance fiat this meeting. �i The question being put upon the adoption of said motion � I Hand the suspension of the rules.. the roll was called ,-iith the j+follo,,,ring results : Those voting Aye : I I �! c Mayor ' Trustees Floyd D. Morrow M. B. Packard J. `leodoro Trujillo Philip Cantu if j I Those voting No. None ; s The Board of Trustees having voted unanimously in favor if the adoption of said motion, the presiding officer declared said( ;motion carried and the rules suspended. Trustee Floyd D. Morrow then moved the passage and adoptioi ,r I of said ordinance ITo. 500, as read; Trustee M. B. Packard seconded the motion. 7Th.e question being put upon the passage and adoption of laid ordinance No. 500, the roll was called with the following i results : i i Thos voting Aye : Mayor _ Trustees Floyd D. Morrow ' M. B. Packard i j; J. �2eodoro Trujillo 1' Philip Cantu ;i Those voting No. None 1 The presiding officer thereupon declared said ordinance l duly adopted and passed', i l i