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TITLE 5
HEALTH AND SANITATION
Chapters:
5.04 Board of Health
5.08 Health Officer
5.12 Maintenance of Real Property
5.16 Littering
5.20 Solid Waste
CHAPTER 5.04
BOARD OF HEALTH
Sections:
5.04.01
5.04.02
5.04.03
Appointment - Qualification
Jurisdiction-Duties-organization
Bylaws, rules, regulations
5.04.01 Appointment - Qualifications. The Board of Health shall consist of five (5)
appointed members, two (2) of whom shall be practicing physicians residing in the city, all
of whom shall be appointed by the Mayor. The Mayor shall be ex-officio a member of the
board, and the appointed members shall hold their office during the term of office of the
appointing mayor. The Board of Health shall have and exercise the power conferred upon
such boards by State Law and by the ordinances of this city.
STATE LAW REFERENCE-A.C.A. 14-262-102.
5.04.02 Jurisdiction-Duties-organization. The Board of Health shall have jurisdiction
for one (1) mile beyond the city limits; for quarantine purposes in case of epidemics, such
board shall have jurisdiction for five (5) miles beyond the city limits. The board is invested
with the power to declare, establish and maintain any and all necessary or desirable by-laws,
rules and regulations to secure the city and its inhabitants from contagious, malignant or
infectious diseases. it may establish hospitals for the reception and treatment of contagious,
infectious or epidemic disease. It shall have the duty to discover, declare and abate or cause to
be abated, any and all nuisances prejudicial to the health of the city and its inhabitants.
The Board of Health shall elect a President and a Secretary, each of whom shall hold
their offices for one (1) year or until their successors are elected and qualified.
STATE LAW REFERENCE-A.C.A. 14-262-102
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5.04.03 Bylaws, rules, regulations All bylaws, rules and regulations of the board in the
exercise of the jurisdiction, powers and duties conferred shall be in writing and violation of any
such bylaw, rule or regulation shall be deemed a violation and punishable as set forth. The Police
Department shall serve, execute and enforce all such written bylaws, rules and regulations.
CHAPTER 5.08
HEALTH OFFICER
Sections:
5.08.01
5.08.02
Appointment, qualifications
Powers and duties
5.08.01 Appointment, qualifications. It shall be the duty of the Mayor to appoint a
Health Officer, said appointment to be approved by a majority vote of the City Council.
Such city Health Officer shall be a qualified physician and a resident of the city; after
appointment he shall take and subscribe to the constitutional oath of office, and shall file a
copy of his appointment with the Arkansas State Board of Health.
5.08.02 Powers and duties The Health Officer shall perform all duties which may be
prescribed for him under the directions, rules, regulations and requirements of the State
Board of Health and all duties otherwise prescribed by state law.
He shall investigate any matter affecting public health or sanitation within the city which
may come to his attention. He shall have the authority to inspect, regulate and control disease
prevention and suppression, and sanitation within the city, and his jurisdiction therefore shall
specifically include the inspection, regulation and control of sanitation conditions in all business
establishments within the city which deal with food and food products. He shall have the
authority to require any unsatisfactory condition of hygiene or sanitation affecting food, food
products or food handling to be corrected, and failure or refusal to comply with such
requirements shall be a violation and punishable.
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CHAPTER 5.12
MAINTENANCE OF REAL PROPERTY
Sections:
5.12.01
5.12.02
5.12.03
5.12.04
5.12.05
Prohibited conditions
Clean-up orders
Failure to abate
Misdemeanor
Abatement by the city
5.12.01 Prohibited conditions All property owners within the city of Lincoln, Arkansas,
are hereby required to cut weeds, grass, remove garbage, rubbish or other unsanitary and
unsightly articles and things -from their property, and to eliminate, fill up or remove stagnant
pools of water or any other unsanitary things, place or condition which might become a breeding
place for mosquitoes, flies and germs harmful to the health of the community. Grass and weeds
allowed to grow over six (6) inches in height shall be deemed a violation of this section. (Ord.
No. 2013-6, Sec. 2.)
5.12.02 Clean-up orders
The Mayor or his designated representative is authorized to issue a Clean-up
Order, in writing, to any property owner tbund to be in violation of 5.12.01
following an inspection by city officials.
Clean-up orders shall be served on the owner of real property or a non-owner
occupant of real property in one of the following ways: by certified mail, return
receipt requested; by personal delivery by a police officer; or by personal delivery
by a. Code Enforcement Officer. Notice mailed to an owner is sufficient if mailed
to the address on file with the County Assessor's office. If a prior attempt at
service is unsuccessful, notice may be served by conspicuously posting a copy of
the Clean-up Order on the front door of the property. Notice to non-resident
owners or owners whose whereabouts are unknown shall be had in accordance
with A.C.A. 14-54-902.
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A Clean-up Order issued under this section shall specifically state the
offending conditions and direct the owner to abate the offending conditions
in not fewer than seven (7) days. (Ord. No. 2013-6, Sec. 2.)
5.12.03 Failure to abate If the owner, owners, or non-owner occupant served with the
Clean-up Order pursuant to 5.12.02 fails to abate the offending conditions within the time
provided in the Clean-up Order, the city may pursue any of the non-exclusive remedies
provided in this chapter. (Ord. No. 2013-6, Sec. 2.)
5.12.04 Misdemeanor Failure to comply with a validly issued Clean-up Order pursuant
to 5.12.02 shall be an unclassified misdemeanor. Each day that the offending condition exists
beyond the day such person is served with a citation shall be considered a separate offense. Any
person found guilty by an appropriate court of law shall be fined no less than Ten Dollars
($10.00) per day and no more than One Hundred Dollars ($100.00) per day for such violation. If
a person is found guilty of a second offense occurring within the same calendar year, the
minimum fine shall be Twenty-Five Dollars ($25.00) per day. If a person is found guilty of a
third offense occurring within the same calendar year, the minimum fine shall be Fifty Dollars
($50.00) per day. (Ord. No. 2013-6, Sec. 2.)
5.12.05 Abatement by the city Failure to comply with a validly issued Clean-up Order
pursuant to 5.12.02 shall entitle the city to enter upon the property and abate the nuisance or to
contract with third parties to abate the nuisance. In the case of excessive grass and weeds, the
city shall be entitled to continually abate such offending conditions no more often than once
every thirty (30) days throughout the growing season (April 1 through October 1 every year).
Any costs of abatement shall be charged against such property and shall constitute a lien
thereon. enforcement of any such lien may be had pursuant to A.C.A. 14-54-903 and 904. (Ord.
No. 2013-6, Sec. 2.)
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CHAPTER 5.16
LITTERING
Sections:
5.16.01
Littering illegal
5.16.01 Littering illegal It shall be unlawful for any person to place, dispose, or
otherwise permit to be located upon, in, on, or about any public street, sidewalk, alley or public
thoroughfare or any private or public property adjacent thereto, any litter, reTuse, or debris.
CHAPTER 5.20
SOLID WASTE
Sections:
5.20.01
5.20.02
5.20.03
5.20.04
5.20.05
5.20.06
5.20.07
5.20.08
5.20.09
5.20.10
5.20.11
5.20.12
5.20.13
5.20.14
5.20.15
5.20.16
5.20.17
Short title
Declaration of policy
Definitions
Administration
Solid Waste Management Advisoty Board
Time and frequency of collection
Storage
Non-containerized waste
Bulky waste
Dead animals
Collection
Litter on streets and alleys
Solid waste collection rates
Enforcement
Illegal activities
State code adopted
Penalty
5.20.01 Short title This ordinance shall be known and may be cited as the "Solid
Waste Management Ordinance of Lincoln, Arkansas." (Ord. No. 206, Sec. 1)
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5.20.02 Declaration of policy It is hereby declared to be the purpose of this ordinance to
regulate the storage, collection, transportation, processing, recovery and disposal of solid waste
in order to protect the public safety, health and welfare and to enhance the environment of the
people of Lincoln, Arkansas, and the surrounding area. (Ord. No. 206, Sec. 2)
5.20.03 Definitions For the purpose of this ordinance, the following words and
phrases shall have the meaning given herein unless their use in the text of the ordinance
clearly demonstrates a different meaning.
Abandoned vehicle: A vehicle that applicable state laws deem to have been abandoned.
Agricultural solid waste: The solid waste that results from the rearing and
slaughtering of animals and the processing of animal products and orchard and field crops.
Bulky waste: Items whose large size preclude or complicate handling by
normal collection, processing or disposal methods.
Collection: Act of removing solid waste from the central storage point at the
source of generation to a disposal site.
Commercial establishment: A dwelling unit in which some type of
business or commerce is carried out on a regular basis.
Commercial solid waste: Solid waste material which has no effect on house fly
insect reproduction and which does not harbor rodents and which is generated in such
minimal volume as to necessitate collection no more often than once per week.
Commercial Solid Waste II: Solid waste which has an effect on house fly and
insect reproduction or harbors rodents and is generated by stores, offices and other activities
that do not turn out a product; which emanates from consumers where generation of solid
waste requires collection not more than twice weekly.
Commercial Solid Waste III: Solid waste which has an effect on house fly and insect
reproduction or harbors rodents and is generated by stores, offices and other activities that do not
actually turn out a product; and which emanates from consumers whose generation of solid
waste requires collection more often than twice weekly, but less than five (5) times weekly.
Commercial Solid Waste IV: Solid waste which has an effect on house fly and
insect reproduction or harbors rodents and is generated by stores, offices and activities that
do not actually turn out a product; and which emanates from consumers whose generation of
solid waste requires collection five (5) times per week. (Ord. No. 1988-6, Sec. 2)
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Contractor: Any person, firm or corporation authorized by special permit to
handle the collection and transportation of solid waste within the corporate limits of the
city of Lincoln, Arkansas.
Dead animals: Animals that have died from any cause except those
slaughtered for human consumption.
Disposal: The orderly process of discarding used or unwanted material.
Dwelling unit: Any structure which serves as self-contained primary housing or
shelter for at least one (1) family or business.
Hazardous waste: Those wastes such as toxic or radioactive or pathogenic substances
which require special handling to avoid illness or injury to persons or damage to property.
Industrial solid waste: Solid waste that results from industrial process and
manufacturing from firms which do business with other businesses or which is generated in
such volume as to make classifications as a commercial category not feasible. (Ord. No.
1988-6, Sec. 3
Institutional solid waste: Solid waste originating from educational, health
care research facilities.
Natural resources: Materials which have useful physical or chemical properties
which exist, unused, in nature.
Person: Any individual, partnership, co-partnership, firm, company, public or private
corporation, association, joint stock company, trust, estate or any other legal representative, agent
or assigns.
Pollution: The condition caused by the presence in the environment of substances of
such character and in such quantities that the quality of the environment is impaired or
rendered offensive to life.
Recovered resources: Materials which still have useful physical or chemical
property after serving a specific purpose and can therefore be reused or recycled for the
same or other purpose.
Recycling: A process by which recovered resources are transformed into new
products in such a manner that the original products lose their identity.
Rendering: A process of recovering fatty substances from animal parts by heat
treatment, extraction and distillation.
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Residential solid waste: All solid waste that normally is generated in a
residential environment. This definition applicable to the solid waste from a building of
two (2) or less separate units.
Salvage: The utilization of waste materials.
Sanitarylandfill: A site where solid waste is disposed using sanitary landfill techniques.
Scavenging: The uncontrolled removal of materials in solid waste management.
Scrap: Discarded or rejected materials or parts of material that result from
manufacturing operations and are suitable for reprocessing or recycling.
Solid waste management: The purposeful systematic control of the generation,
storage, collection, transport, separation, processing, recovery and disposal of solid waste.
Storage: The interim containment of solid waste, in an approved manner, after
generation and prior to ultimate collection and disposal.
Transport: The movement of solid waste subsequent to collection (Ord.No. 206,
Sec. 3) 5.20.04 Administration.
The Director shall be responsible for the management and administration of this
ordinance and of rules and regulations established hereunder. The Mayor and the
Recorderifreasurer are hereby authorized to enter into contract or contracts for the
collection of solid waste within the corporate limits of Lincoln, Arkansas.
The Mayor is further directed to enter into an agreement for the leasing of
property necessary to comply with solid waste disposal requirements
imposed on the city by the Arkansas Pollution Control Commission.
The Director is hereby authorized to issue permits to persons engaged in the
transporting and collection of solid waste materials subject to the approval of
the City Council.
All permits so issued shall be conditioned upon observance of the laws
of this state, the ordinances of this governing body and rules and
regulations authorized herein. All contracts entered into by the Mayor
and Recorder/Treasurer under this ordinance shall meet the following
minimum requirements:
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Be with the consent of the legislative body of the municipality.
Prior approval of the City Attorney
Meet the insurance requirements of this ordinance and other
related ordinances.
Be awarded to the lowest bidder.
Show full details of ownership of the successful bidder
including names and addresses of all principals, or officer and
majority stockholders, if a corporation.
Private contractor regulation: The City Council shall determine the
number of contractors needed to efficiently serve the municipality
and the Director shall issue permits to the contractor or contractors
who are found to be qualified to meet the needs of the municipality.
Nothing in this ordinance shall prevent one contractor from serving
the entire municipality.
Permit for the storage, transport, processing, and disposal of solid waste:
The Director shall prepare the application forms for the permits which
shall require the following information:
The name and address of the applicant, showing its legal
identity. The business address of the applicant.
The types of waste to be covered by the permit. The method
of storage, transport and disposal.
Proof of insurance required by this ordinance and applicable
state laws or private contracts.
The location and type of processing and/or disposal contemplated.
Information required to demonstrate compliance with
Occupational Safety and Health and environmental protection laws
of federal and/or state government.
License required: The City Council hereby expressly declares that no person, firm
or corporation shall collect or transport solid waste without first obtaining a license
from the city. The cost of such license shall be Fifty Dollars ($50.00) payable in
advance on or before. January 1 of each calendar year.
Director: There is hereby created the position of Solid Waste Management
Director, who shall be responsible for enforcement of the provisions of this
ordinance and the rules and regulations promulgated in furtherance hereof. The
Director shall be responsible for supervision of employees of the department
and execution of the policies set by the Mayor and City Council. (Ord. No. 206,
Sec. 4
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5.20.05 Solid Waste Management Advisory Board
There is hereby created the Solid Waste Management Advisory Board, which
shall be comprised of the Municipal Services Committee of the City Council.
Organization: meetings - The Solid Waste Advisory Board shall, within thirty
(30) days of its appointment, hold a meeting to elect a chairman, a secretary, and
adopt by-laws governing the manner and conduct of its business. The Board shall
meet not less than one (1) time in each quarter-year. The Mayor, or a majority of
the City Council, or quorum of the Board itself may call an emergency meeting
at any time.
Powers and duties: The Advisory Board:
Shall advise the Mayor in the preparation of this solid waste
management plan, including the selection of the solid waste management
disposal site outside the municipality.
May review pennit application forms and recommend revisions
thereof, consistent with the terms of this ordinance.
Shall serve as a review board to determine which rate classifications
fixed by Section 5.20.13 (1) shall be imposed on the various customers
of the city.
Shall serve as a review board to determine when and if certain
persons shall be entitled to a financial hardship reduction pursuant to
procedures set forth in Section 5.20.13 (4). (Ord. No. 206, Sec. 5)
5.20.06 Time and frequency of collection
Residential: All residential solid waste shall be collected at sufficient intervals to
protect the environment as determined by the discretion of the Director, and
modified by the Solid Waste Advisory Board, provided that such solid waste
shall be collected no less often than once per week. (Ord. No. 86-4, Sec. 2)
All non-residential solid waste shall be collected at sufficient intervals to protect the
environment as determined by the discretion of the Director, and modified by the
Solid Waste Advisory Board, or set forth in rules and regulations which may be
established under the authority of this ordinance. All such collections shall be
scheduled so that collection vehicles do not interfere with rush hour traffic. (Ord.
No. 206, Sec. 6)
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5.20.07 Storage
Residential: Each private residence within the solid waste pick-up area of the city
of Lincoln is authorized two (2) approved type containers, not to exceed thirtyfive (35) gallons per container, or two (2) plastic bags as listed in (1) above. If
additional containers are set out for pick-up, there will be an additional charge of
twenty-five cents ($.25) for each additional container or its equivalent, provided
the city solid waste vehicle can handle the extra amount.
Residents moving will be authorized one pick-up of not more than ten (10)
cardboard boxes per move without additional charge. (Ord. No. 221, Sec. 12)
Non-residential: All occupants of non-residential premises shall provide
sufficient number of containers approved by the Director for the storage of solid
waste which they generate and shall place all solid waste therein, other than those
wastes which do not require containerized storage.
The owners of all reusable containers will maintain them and the adjacent area in
a nuisance-free and odor-free condition. All reusable containers incapable of
meeting the definition of approved containers shall be considered waste and shall
be placed in the collection vehicle by the city. (Ord. No. 221, Sec. 2)
5.20.08 Non-containerized waste Non-bulky waste shall be picked up provided there are
not over two (2) non-bulky items per pick-up, this includes such items as brush, vegetable
garden and flower garden waste and weeds. All such items must be tied in bundles of not over
five (5) feet in length, and not over fifty-five (55) pounds in weight. There will be an additional
charge of twenty-five cents ($.25) for each additional bundle, provided, however, the capacity of
the solid waste truck is able to handle such items. (Ord. No. 221, Sec. 4)
5.20.09 Bulky waste All bulky items shall be stored within the residence of the owner.
The Director shall be notified by each resident of the type and location of items of bulky waste
to be collected and shall make the same available for pick-up according to rules and regulations
to be established by the Director under the regulatory authority of Section 5.20.04 of this
ordinance. Ord. No. 206, Sec. 9)
5.20.10 Dead animals Any resident who has, or finds a dead animal on his premises
or on the public right-of-way near his premises, shall promptly notify the Animal Control
Officer of its location and type and shall make such remains available for collection and
disposal. (Ord. No. 206, Sec. 10)
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5.20.11 Collection. All solid waste collection shall be carried out by the city or a person
licensed to do business in the city of Lincoln. (Ord. No. 206, Sec. 1 1.)
5.20.12 Litter on Streets and alleys. Collection of trash and litter on public streets and
alleys shall also be carried out under the supervision of the City Solid Waste Department of the
city. (Ord. No. 01-2, Sec.1.)
5.20.13 Solid waste collection rates
A.
B.
City residential solid waste (2 bags per pick up)
$12.00 per month
Rural residential solid waste
$17.63 per month
Each additional bag
$1.00 per bag
Commercial I solid waste $18.98 per month
Commercial II solid waste
$44.83 per month
D.
Commercial III solid waste $64.94 per month
E.
Commercial IV solid waste $80.72 per month
Industrial and institutional solid waste
Special hauls
An amount equal to $3.00 per
uncompacted cubic yard of
trash and refuse for a one
month period, provided,
however, that the Director
may fix a monthly charge
based on one month's use,
subject to rights of appeal set
forth in this code section.
$6.00 per truck hopper
Dumpster rental
(Ord. No. 2007-13, Sec. 2.)
$12.00 per month
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5.20.14 Enforcement.
The city may place red warning tags furnished by the city on containers which do
not comply with the provisions of this ordinance or rules promulgated hereunder.
Any person, firm or corporation which allows the said red tag to remain more than
fifteen (15) days without replacing the container with one which meets the
requirements of this ordinance shall be in violation of this ordinance. After fifteen
(15) days, such a container shall be deemed waste and the Director may act
pursuant to Section 5.20.07 (3) and all penal sanctions set forth herein shall be
applicable.
Any person, firm or corporation which shall fail to pay the service charge
assessed by the city on or before the date on which it is due shall be in violation of
the provisions of this ordinance.
In addition to the authority vested by other provisions hereof, the city may stop
water, sewer and sanitation service to persons who fail, refuse or neglect to pay
the service charge fixed by this ordinance. (Ord. No. 206, Sec. 15)
5.20.15 Illegal activities. No person shall dump any trash or litter on any public or
private tract of real property within the corporate limits of the city of Lincoln. No person shall
litter the streets, alleys and public rights-of-way in the city of Lincoln with cans, bottles, boxes,
paper or other loose waste. No person shall bum or cause to be burned any trash, refuse, litter
or other forms of solid waste unless it is expressly allowed by Arkansas law. (Ord. No. 206,
Sec. 16)
5.20.16 State code adopted. The Solid Waste Management and Disposal Code of
the state of Arkansas is hereby adopted and incorporated herein by reference as if it had
been set forth in full herein. (Ord. No. 206, Sec. 17)
5.20.17 Penalty. The City Court shall have original jurisdiction in all prosecutions
arising out of the enforcement of this ordinance. Any person found guilty of violating any
provisions hereof shall be fined a sum of not less than Ten Dollars ($10.00) nor more than One
Hundred Dollars (S100.00). Each day a person„ firm or corporation is in violation of any
provision of this ordinance shall be deemed a separate offense. (Ord. No. 206, Sec. 18)
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