Revised: 03/21/19

Municipality of Anchorage Watershed & Natural Resources Advisory Commission

A G E N D A Wednesday, March 27, 2019

12:00 Noon – 1:00 p.m. Regular Meeting

Room 525, City Hall 632 West 6th Avenue Anchorage, Alaska

I. ESTABLISHMENT OF QUORUM

II. CALL TO ORDER

III. ACTION SUMMARY

A. February 27, 2019

IV. OLD BUSINESS

A. WNRC Case No. 2019-01, Use of Herbicide on Bird Cherry along Chester Creek B. WNRC Case No. 2015-02, Bears-Garbage Conflicts – Solid Waste, Garbage Proposed

Standards, New Concepts

V. NEW BUSINESS

A. Persons to Be Heard VI. OTHER BUSINESS/STAFF REPORT

VII. ADJOURNMENT

Next Meeting – April 24, 2019; Room 525 in City Hall

Municipality of Anchorage

Watershed & Natural Resources Advisory Commission

City Hall, Room 525 632 West 6th Avenue Anchorage, Alaska

ACTION SUMMARY

12:00 Noon Wednesday, February 27, 2019

Regular Meeting

I. ESTABLISHMENT OF QUORUM

Present: Tamás Deák Brett Jokela Holly Kent Paul McLarnon David Nyman, Chair Stephanie Quinn-Davidson, Vice Chair Rick Sinnott Simon Wigren

One Vacancy

Staff: Thede Tobish, Senior Planner, Planning Department, Long-Range Planning Division Maeve Nevins-Lavtar, Senior Parks Planner, Parks and Recreation Department

Guests: David Evans, Rogers Park citizen Gino Graziano, UAF Cooperative Extension Service, Anchorage Outreach Center Janet Nyman, Alaska Department of Natural Resources Jim Renkert, Alaska Department of Natural Resources, Division of Forestry Tim Stallard, Anchorage Park Foundation, Invasive Plant Program Hans Thompson, South Addition citizen

II. CALL TO ORDER

The meeting was called to order at approximately 12:06 p.m.

III.A.

Watershed & Natural Resources Advisory Commission Action Summary for February 27, 2019 Page 2

III. ACTION SUMMARY

A. Regular Meeting of January 23, 2019

Commissioner Sinnott moved to approve the January 23, 2019 minutes as written. Commissioner Deák seconded.

Commissioner Sinnott began the discussion on the following changes:

On page 2, under V.A., New Business:

Second paragraph: on third line, change “…public access—all…” to “public safety—all…” end of fourth line: delete “Although” at beginning of sentence to reads as “Some

research…” on fifth line, delete “negative” in front of impacts to reads as “… chemical to have

impacts on …”

Third paragraph: On first line, change Tim Stellar to Tim Stallard, and delete “s” on experts. On fifth line and last sentence, change from “…and to apply the herbicides with the

MOA creek setbacks.” to “…and to apply glyphosate and the other herbicides within the MOA creek setbacks.”

The minutes for the January 23, 2019 Regular Meeting were approved as amended above.

NOTE: The agenda order was changed to take up V. New Business first, and Old Business was taken up after.

V. NEW BUSINESS

A. WNRC Case No. 2019-02, Chester Creek Single-track Trail Project – MOA Parks and Recreation

Maeve Nevins-Lavtar, Senior Park Planner from the Parks and Recreation Department, introduced a new parks bond-funded planning, design, and construction project for portions of a new single-track bike trail in the Chester Creek Greenbelt. These will be slow-speed designed trails. The project spans the area from Valley of the Moon Park to Goose Lake. The action focuses on upgrading certain existing trails and adding minor new sections for a continuous new system off the main paved bike trail. New neighborhood connections to existing social trials will be included. It is in the design phase now. Phase 1 is planned for 20191 construction. Essentially all of the current trail alignment will be more than 25 feet from Chester Creek. Safety is a key design component.

The Commission asked questions and offered concerns about impacts to the creek and where new trails meet existing trails. Ms. Nevins-Lavtar described how these will be addressed.

No action by the Commission is needed at this stage.

NOTE: The remaining agenda resumed from here.

Watershed & Natural Resources Advisory Commission Action Summary for February 27, 2019 Page 3

IV. OLD BUSINESS

A. WNRC Case No. 2019-01, Use of Herbicide on Bird Cherry along Chester Creek

Commissioner Sinnott suggested further discussion was needed after additional review of MOA Parks and Recreation information and policies about the hazardous material code.

Tim Stallard reported that the glyphosate impacts issue was studied on some fish populations. Negligible impacts were found in limited studies. The Commission continued to ask questions and concerns, especially about the use of herbicides, of the experts and proponents present, in order to understand the breadth of potential impacts to fish, water quality, native plants, and people. The experts shared new research reports and findings. The Commission also asked questions about the various methods of bird cherry control and whether this program is sustainable over time. This would likely be a long-term project.

Other studies produced data about how bird cherry eradication affects other species. David Evans from Rogers Park offered his concerns about the near monoculture of bird cherry in the greenbelt and how this enhances homeless camps.

It was clarified that the Commission is being asked about the use of herbicides within 150 feet of Chester Creek. The Commission should participate in public education on the invasive impacts of planting bird cherry and recommended a long-term eradication plan be developed. The Commission agreed to entertain a motion for the Commission to support the use of herbicides as one method to eradicate and control bird cherry within 15 feet of Chester Creek.

Commissioner Quinn-Davidson moved that the Commission consider a resolution in support of this request. Commissioner Sinnott seconded.

The motion to draft and consider this resolution passed unanimously

B. WNRC Case No. 2015-02, Bears-Garbage Conflicts – Solid Waste, Garbage Proposed Standards, New Concepts

Postponed.

VI. OTHER BUSINESS/STAFF REPORT (none)

VII. ADJOURNMENT

Commissioner Deák moved to adjourn. Commissioner Kent seconded.

The motion passed without objection.

The meeting adjourned at 1:11 p.m.

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Tobish, Thede G.

From: Tobish, Thede G.Sent: Tuesday, March 5, 2019 11:55 AMTo: Jokela, Brett; David Nyman (dnyman@restorsci.com); Holly Kent ; Holly Kent

(rqholly@gmail.com); Paul McLarnon (Paul.Mclarnon@hdrinc.com); Rick Sinnott (sinfamak@gmail.com); Simon Wigren (simon.wigren@hdrinc.com); Stephanie Quinn-Davidson; Tamas Deak (tdeak@kpbarchitects.com)

Cc: Perry, Susan; Wong, Carol C.Subject: Bear-garbage ordinancesAttachments: SITKA BEAR ORDINANCE COMPARED TO JUNEAU’S.DOCX; FINAL DRAFT AO 2019,

Secure Trash Safety (wildlife), .docx, January 27, ....docx

Commissioners, attached please find two documents. One is Rick Sinnott’s annotated compilation of Juneau and Sitka’s bear/garbage ordinances and the other is the most  recent MOA draft garbage ordinance.  This will be on our agenda for the March 27 meeting (you should already have Rick’s color‐coded Juneau/Sitka document from our February meeting packet).  I am attempting to get Jack Frost or someone connected with this MOA draft to attend our March meeting.  Please come prepared to discuss the MOA version and how the Commission might constructively contribute to the MOA process. Until that draft has an introduction date for the Assembly, I can’t know  the timing for possible action by our commission. I should have more direction by our meeting later this month. 

Thede 

Thede Tobish, Senior Planner  Municipality of Anchorage-Planning Dept.  P.O. Box 196650  Anchorage, AK 99519-6650  907.343.7918  907.343.7927 FAX  thede.tobish@anchorageak.gov

IV.B.

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SITKA BEAR ORDINANCE COMPARED TO JUNEAU’S (IN RED)* [my notes bolded and in green – asterisks footnoted at end of document]

Chapter 9.24

BEAR ATTRACTION NUISANCE [adopted in 2008]

9.24.010 Definitions.

The terms and phrases used in this chapter shall have the following meanings:

A. “Bear attraction nuisance” means, except as otherwise provided in this section:

1. Any amount of putrescible waste, including packaging or other surfaces to

which it is adhered;

36.20.056(e)(1)(A) More than one-half gallon of any putrescible material, including

packaging or other surfaces to which the material is adhered;

[Sitka’s definition seems to constitute a high standard until you realize that the putrescible matter is outside of a bear-resistant container or building (e.g., on the ground or in a plastic bag). In that case, ½ gallon (Juneau’s and Skagway’s threshold) is far too much to allow. For instance, the offal from one or two salmon (heads, skins, bones, and organs) thrown over the fence will almost certainly attract a bear. Furthermore, a defined amount (e.g., ½ gallon) would be difficult to enforce because the bear may have eaten most of the putrescible matter before the enforcement officer arrives and the rest may be scattered or dragged 100 feet or more from its original location.] 2. Any organic material of a type which has previously attracted a bear to the

property within the past five years; or

36.20.056(e)(1)(B) Any organic material of a type which has previously attracted a

bear to the property;

[Juneau’s version is better because it doesn’t allow someone to regress to an unacceptable standard of care after 5 years (or sooner if they don’t think they’ll be caught right away). In a subsequent provision, Sitka resets its fine schedule after 5 years (i.e., after 5 years with no offense, a violation of the bear attraction nuisance ordinance is considered a 1st offense), which is a more acceptable use of a 5-year timeframe. Mistakes happen, but failure to understand the type of organic material that previously attracted a bear is a different issue. Another question is how is the “type” of organic matter enforced? Must the enforcement officer make a written note on the citation

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(e.g., “pizza container with one partial slice of pepperoni pizza, three apple cores, 18 dirty disposable diapers, and one greasy butter wrapper”]? And if the garbage can contains orange peels and Kentucky fried chicken bones the next day, is that another “type” of organic waste? Perhaps instead of “any organic matter of a type” the ordinance could say “any putrescible waste,” which is already defined. 3. Soiled disposable diapers.

36.20.056(e)(1)(C) Soiled disposable diapers;

[Anyone who has used disposable diapers knows that they can be a voluminous source of waste, and they happen to be very attractive to bears.] 4. “Bear attraction nuisance” does not include:

36.20.056(e)(1)(D) Exceptions. “Bear attraction nuisance” does not include:

a. Material, that would otherwise be considered a bear attraction nuisance,

in a certified landfill;

i. Material in a certified landfill;

[Sitka’s wording seems to be more focused on the problem of bear attractants.] b. Manure or sewage;

ii. Manure or sewage;

c. Material, that would otherwise be considered a bear attraction nuisance,

in a refuse container which is placed for collection no earlier than four a.m. on

refuse collection day, with the material being either collected or removed from

the container no later than eight p.m. that same day;

iii. Material in a garbage can stored outside temporarily for purposes of

collection after 4:00 a.m. on a day scheduled for collection;** [This day-of-collection provision is critical if the municipality is going to continue to support residential curbside garbage collection. However, the last clause seems unnecessary. A person should be held responsible for placing his or her garbage on the curb only on the day scheduled for collection, but shouldn’t be held responsible if the garbage truck doesn’t come by that day as scheduled.] d. Living or dead flora or fauna indigenous to the property; or

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iv. Living or dead flora or fauna indigenous to the property on which it is

located;

e. Material, that would otherwise be considered a bear attraction nuisance,

which is completely enclosed in a structure or container when the structure or

container has all places of entry covered by a door, window, lid, or other

covering which requires hands or tools to open, unless the structure,

container or covering has proven ineffective to withstand entry by a bear,

whether due to design or improper use, two or more times within the previous

year.

v. Material completely enclosed in a structure or container which requires

hands or tools to open;

[“Hands or tools” is better than the municipality has now (e.g., plastic bags), but it’s not a high threshold. The Juneau website that explains this provision says “If it can be opened by stomping on it, kicking it, running into it with your body, or other similar action, it is not bear resistant.” But a bear has 20 very useful tools on its feet (claws) and a mouthful of tools (primarily canine teeth) that allow it to pull in two directions at the same time. A functional bear-resistant container must not provide cracks wide enough to allow a bear to insert its claws or teeth (i.e., cracks must be tight or recessed). A more practical and effective standard would find a container bear resistant if opening it required “individual fingers to operate a locking mechanism inaccessible to a bear; a screwdriver used as a pry bar; or stomping, kicking, shaking or throwing the container or other similar action.” Or, more simply, the standard could be only those containers tested and approved by the Interagency Grizzly Bear Committee (IGBC).***] vi. Material in a metal garbage container designed to be lifted and emptied by

a garbage truck, provided that the container is tightly covered by a bear-

resistant metal lid fastened with a bear-resistant device or located within a

garbage containment area behind barriers approved by the City and Borough

as sufficient to withstand entry by a bear.

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[This provision seems to apply to dumpsters. A more effective provision would specify that the lid must be closed and locked at all times unless garbage is being deposited or emptied by humans. Metal lids are heavier than plastic lids, which means they are difficult for children and some adults to open. However, plastic lids are rarely capable of keeping a bear out of a dumpster. Bears often walk and jump on a plastic lid until their weight warps or collapses it enough to gain access. There are dumpsters with sliding side doors (equipped with bear-resistant locks) and levers that impart a mechanical advantage that are much easier for people to open than a heavy metal lid.]

36.20.056(e)(2) “Garbage can” means a watertight, odor-free, corrosion-resistant

container inscribed with the address of its owner and equipped with a tight-fitting cover

secured so as to remain in place if the can is knocked over.

[A 2012 ordinance amended this definition as follows: “’Garbage can’ means a

watertight, odor-free, corrosion-resistant container labeled in a clear, discernable and

legible fashion with the address of its owner, or, if rented, with the address of its renter,

and equipped with a tight-fitting cover secured so as to remain in place if the can is

knocked over.” Emphasis added] [Inscribing containers with the address of the owner or renter is genius. Otherwise, some people won’t admit that the container is theirs (e.g., “prove that the bear didn’t drag it over here from my neighbor’s house/apartment”). However, a “tight-fitting cover” isn’t an effective standard. A bear will forcefully push or jump on a container and if the container is frangible or too flexible, or the lid doesn’t have strong hinges and fasteners, a “tight-fitting cover” will warp or pop off. A more practical and effective standard would be “… equipped with a tight-fitting cover secured by strong hinges and fasteners, including a bear-resistant locking mechanism, that is designed to withstand “a screwdriver used as a pry bar; stomping, kicking, shaking or throwing the container; or other similar actions performed by a bear, including its claws and teeth.”]

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B. “Person in control” means a tenant or an agent, superintendent, or other owner’s

representative.

36.20.056(e)(3) “Person in control” means a tenant or an agent, superintendent, or

other owner’s representative.

36.20.056(e)(4) “Property” means developed or undeveloped real property, including

any apartment house, mobile home park, planned unit development, or other multifamily

development.

[This is critical because tenants shouldn’t be held responsible for the inadequacy of a dumpster provided by the owner or landlord. On the other hand, tenants should be held responsible for closing and locking dumpster lids and for not leaving their garbage next to the dumpster (e.g., because they are too lazy or incapable of lifting the lid).]

C. “Putrescible waste” means organic waste, including animal and fish parts, human

and animal excrement, or bodily fluids, which is capable of being decomposed by

microorganisms.

(Ord. 17-10 § 4 (part), 2017: Ord. 12-41 § 4 (part), 2012; Ord. 08-09 § 4 (part), 2008.)

[“Putrescible waste” may already be defined in Anchorage code.]

9.24.020 Unlawful acts.

No owner or person in control of property shall cause or allow the creation or

maintenance of a bear attraction nuisance on that property or any adjacent right-of-way.

Except as otherwise provided for in this chapter, the property owner and the person in

control of the property may both be liable for a violation of this chapter concerning the

same unlawful act. The unlawful act involves not only the creation or maintenance of a

bear attraction nuisance but allowing the offense to continue. (Ord. 17-10 § 4 (part),

2017: Ord. 08-09 § 4 (part), 2008.)

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[This is critical because an owner and the person in control of the property will sometimes attempt to argue that the other person is responsible. This provision forces them to work together to solve the problem.]

36.20.056(a) Offense. Except as provided in this section, no owner or person in charge

of property shall cause or allow the creation or maintenance of a bear attraction

nuisance on that property or the adjacent right-of-way.

(b) Classification of offense. Violation of this section is

(1) A class A misdemeanor if the offense is committed intentionally,

knowingly, or recklessly;

(2) A class B misdemeanor if the offense is committed with criminal

negligence;

(3) An infraction if the offense is not committed intentionally, knowingly,

recklessly, or with criminal negligence;

(4) Terms in this subsection identifying culpable mental states shall have

the meaning ascribed to them in CBJ 42.05.010.

[Other unlawful acts that attract bears might be included in this ordinance,**** such as:

• Garbage [or putrescible waste] from temporary receptacles at special community events (festivals, ball tournaments, concerts, etc.) must be removed at the end of each day’s activities.

• Bird feeders containing seeds, nuts, suet or hummingbird nectar may be allowed during the denning season [typically November through March and, although some bears remain out of dens in November and come out of dens in March, these dates would suffice for regulatory purposes] and allowed with certain restrictions during the non-denning period [presumably the restrictions would limit a bear’s access to the seeds in some way]. The area should be kept free of accumulations of seed during the non-denning season [typically April through October].

• Outdoor grills must be kept clean when not in use and any residual attractant [i.e., food, including grease] must be burnt or cleaned off the

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grill. Grease containers from grills must be stored indoors where they are not accessible to bears.

• Chickens, rabbits, livestock, and beehives must be kept inaccessible to bears by the use of properly maintained electrified fencing or other means.

• Pet and livestock food must be stored in a bear-resistant container or building, and food placed outdoors for pets must be removed as soon as the pet finishes its meal.

• Compost bins or piles should not include any meat or fish waste, including grease or similar byproducts.]

9.24.030 Enforcement.

This chapter shall be enforced by the police department or by other employees

authorized by the municipal administrator. Whenever putrescible waste or other material

is found on property or any adjacent right-of-way in violation of this chapter, the officer or

authorized employee shall issue a citation stating the nature of the offense, and:

A. Mail the citation to the owner’s address listed in the municipal property assessor

records and to the address of the person in control of the property when known; and

B. Conspicuously affixing a copy of the citation on the property.

(Ord. 17-10 § 4 (part), 2017: Ord. 08-09 § 4 (part), 2008.)

35.20.056(c) Citations. Whenever waste or other material in violation of this section is

found on property, the officer finding it may not the address and any other information

upon or within the material which may identify the owner or person in charge of the

property, and shall conspicuously affix to such property a summons and complaint for

the owner or person to answer to the charge in court at a specified time, provided,

however, that service for misdemeanor offenses shall be according to the Alaska

Rules of Court.

[In Juneau, enforcement is largely the responsibility of community service officers.]

9.24.040 Defenses.

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A. It shall be no defense for the owner of property issued a citation under this chapter

that the property was in possession or control of another, unless the owner of the

property meets the burden of proof that the property was being used without the consent

of the owner when the bear attraction nuisance was created, maintained and/or

permitted.

36.20.056(d) Defenses.

(1) It shall be no defense for the owner of property to a charge under this section

that the property was in the possession or control of another, unless it can be shown to

the satisfaction of the court that at such time such property was being used without the

consent of the owner.

B. It shall be a defense for the owner of property or person in possession or control of

the property who is issued a citation under this chapter if the owner or person in control

of the property meets the burden of proof of being unaware of the citation.

(Ord. 17-10 § 4 (part), 2017: Ord. 08-09 § 4 (part), 2008.)

(2) It shall be a defense for the owner of property to a charge of a failure to

appear in court if it is shown to the court’s satisfaction that the owner was not aware of

the citation and that such property was in the possession or control of another.

9.24.050 Penalties.

A. Each person who owns and/or is in control of property that creates, maintains, or

permits a bear attraction nuisance on the property shall be charged with a minor offense.

The maximum penalty for violation of the provisions of this chapter is five hundred

dollars.

In accordance with AS 29.25.070(a), citations for offenses in this chapter may be

disposed of as provided in AS 12.25.175through 12.25.230, without a court appearance,

upon payment of the fine amounts stated herein plus the state surcharge required by

AS 12.55.039 and 29.25.074. Fines must be paid to the city and borough of Sitka. The

Alaska Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all

offenses referenced herein. Citations charging these offenses must meet the

requirements of Rule 3 of the Alaska Rules of Minor Offense Procedure. For the first

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offense, the fine shall be fifty dollars. For the second offense, the fine shall be one hundred dollars. For the third offense, the fine shall be two hundred dollars. For

any subsequent offense after three, the offender must appear in court to answer for

the charges. If a person charged with one of these offenses appears in court and is

found guilty, the penalty imposed for the offense may not exceed the fine amount for that

offense stated herein. These fines may not be judicially reduced. For purposes of this section, prior offenses must be within the previous five years.

1st offense $50

2nd offense within 2 years $100

3rd and subsequent offense within 2 years $300

[The Sitka provision, which drags repeat offenders to court after the third offense, would be more effective. Recall that the fine schedule would be reset after 5 years, so we’re talking about someone who really doesn’t care about fines.]

B. Each and every day during any portion of which a violation or failure to comply is

committed, permitted, or continued, shall be treated as a separate offense, and subject

the offender to separate charges and a fine as provided in subsection A of this section.

(Ord. 17-10 § 4 (part), 2017: Ord. 12-41 § 4 (part), 2012; Ord. 08-09 § 4 (part), 2008.)

[This is a critical provision for enforcement purposes because it exerts considerable pressure to ensure compliance.] 36.20.056(f) Regulations. The manager may adopt regulations pursuant to chapter

01.60 to implement the provisions of this chapter.

36.20.056(g) Notification and abatement. CBJ 36.20.060 does not apply to violations of

the provisions of this section.

* * * Footnotes * Juneau’s ordinance was first adopted in 2001, but significantly revised in 2004 with a small amendment in 2012. Skagway’s ordinance was adopted in 2007 and is almost identical to Juneau’s. The Juneau, Skagway and Sitka ordinances and

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other pertinent bear-related information are available at https://beta.juneau.org/manager/bear-information. ** All of these ordinances require putrescible waste to be stored inside a building or in a bear-resistant container (including dumpsters), but appear to allow putrescible wastes to be placed in a non-bear-resistant container on the morning of collection. This is not ideal, but would be a far better solution than what Anchorage has now. One solution might be to provide a map of areas frequented by bears and, in addition to the provisions above, require that residents in those areas use approved bear-resistant tipper carts similar to those provided by Alaska Waste and Solid Waste Services now. *** The IGBC consists of representatives from the U.S. Forest Service, the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, the U.S. Geological Survey, the Canadian Wildlife Service, and representatives of the state wildlife agencies of Idaho, Montana, Washington and Wyoming. IGBC-certified garbage containers are listed on their website (http://igbconline.org/bear-resistant-products/). **** These are listed on the Bear Smart website (http://www.bearsmart.com/managing-communities/bylaws-and-ordinances/). I’ve made minor modifications based on several decades of experience. Rick Sinnott Certified Wildlife Biologist

DRAFT Submitted by: ASSEMBLY 1 Prepared by: Assembly Counsel 2

For reading: ____________, 2019 3 4 ANCHORAGE, ALASKA 5 AO No. 2019–____ 6 7 8 AN ORDINANCE OF THE ANCHORAGE MUNICIPAL ESTABLISHING CONSISTENT 9 PROTOCOLS FOR STORAGE AND HANDLING TRASH/GARBAGE AND FURTHER 10 PROVIDING FOR FINES AND PENALTIES. 11 12 WHEREAS, the Anchorage Assembly finds that improper storage and handling 13 of trash/garbage creates attractants and potentially dangerous interactions with bears 14 and other wildlife; and 15 16 WHEREAS, the Anchorage Assembly finds current Anchorage Municipal Code 17 has multiple code sections providing direction for storage and managing 18 trash/garbage which can cause confusion regarding which rules apply and create 19 unintended conflicts with wildlife; and 20 21 WHEREAS, the Anchorage Assembly finds the purpose of this chapter is to 22 protect the public health, safety and welfare by regulating the accumulation and 23 storage of trash/garbage, recyclables and compostables and to prevent conditions that 24 may create fires, health or other safety hazards; attract or harbor wildlife or pests or 25 impair the aesthetic appearance of neighborhoods. The provisions of this chapter are 26 intended to provide simple, clear and effective regulations that for proper storage and 27 handling of trash/garbage, including bear resistant containers where needed, to 28 minimize adverse interactions with bears and other wildlife; now, therefore, 29 30 THE ANCHORAGE ASSEMBLY ORDAINS: 31

• Municipal Manager Authorized to Issue Rules. 32

The municipal manager (or designee) may adopt rules and regulations that the 33 manager determines are reasonably necessary to implement the requirements of 34 this chapter. 35

Refuse/Solid Waste 36 37 This code section regulates how all solid waste within the Municipality of 38

Anchorage is handled by property occupants/owners. In the event of inconsistency 39 with other codes this code section controls. Failure to comply with any or all of these 40 requirements is defined as a violation for each day the violation exists. 41

42 A. All garbage cans and refuse containers shall be rodent proof, insect proof, 43

watertight, structurally strong to withstand handling stress, and easily filled, 44

AO 2019-- Storage and Handling of Garbage/Refuse Page 2 of 5

emptied and cleaned; shall be provided with tightfitting lids in good working 1 condition or similar closures; and shall be maintained at all times in a clean, 2 sanitary condition. Plastic bags shall not be used without the container for on-3 site storage of trash/garbage or refuse except for plastic bags containing only 4 rubbish. 5

B. Garbage and refuse containers shall be placed or stored in a manner to 6 prevent the occurrence of spillage and littering, inside a structure or within five 7 (5) feet of the principal (main) structure. 8

C. All bulk storage containers shall have tightfitting lids in good working 9 condition. 10

D. The total capacity of all provided garbage and/or refuse cans and bulk storage 11 containers shall be sufficient to meet the reasonable ordinary needs of the 12 occupants of the dwelling. 13

E. Closed, secured refuse containers shall be placed for pick up the morning of 14 collection, not earlier than 5 AM and retrieved not later than 9 PM of the same 15 day. 16

F. No person shall place into the public right-of-way or yard setback any bear-17 resistant container that is not securely closed, regardless of whether it 18 contains refuse attractants. 19

Definitions: 20 21 Bear-resistant container shall mean a container that meets the requirements for such 22 a container as certified by the Interagency Grizzly Bear Committee (IGBC), or the 23 equivalent or greater, as certified by the waste management provider. 24

Bear-resistant dumpster shall mean a dumpster that meets the requirements for such 25 a dumpster as certified by the Interagency Grizzly Bear Committee (IGBC), or the 26 equivalent or greater, as certified by the waste management provider. 27 28 Refuse containers, or trash or garbage containers (cans) means all trash/garbage 29 cans, dumpsters, or similar containers designed and used to hold waste. 30 Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of 31 either: 32

(a) Combustible wastes such as paper, cardboard, plastic containers, yard 33 clippings and wood; or 34

(b) Noncombustible wastes such as metal cans, glass and crockery. 35

Violator means any person(s), organization, company, business, corporation, 36 property owner, tenant, contractor, contractee, lessor, lessee or other entity that 37 handles solid waste/garbage in a manner not in compliance with the requirements of 38 this code. 39

AO 2019-- Storage and Handling of Garbage/Refuse Page 3 of 5

In any instance where solid waste, trash/garbage or junk of any kind is placed, 1 deposited in, on, under or adjacent a garbage can/refuse container not in compliance 2 with this section, the owner of the property shall be responsible and is defined as a 3 violator. If a violator, other than the property owner, handles solid waste/garbage in a 4 manner not in compliance with the requirements of this code as described above, 5 both the violator and property owner may be defined as violators. 6

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Violations of the Refuse/Solid Waste Standards 8

These are violations of the Refuse/Solid Waste Standards 9

A. Garbage cans/refuse containers not meeting standards or maintained in a 10 clean, sanitary condition. 11

B. Plastic bags used without the container for storage of garbage or refuse. 12 C. Garbage and refuse containers not placed or stored in a manner to prevent the 13

occurrence of spillage and littering, in the front setback, or beyond (in front of) 14 the front plane of the house (structure). 15

D. Bulk storage containers without tightfitting lids in good working condition. 16

E. Insufficient total capacity of all provided garbage and/or refuse cans and bulk 17 storage containers to meet the reasonable ordinary needs of the occupants. 18

F. Placing refuse containers for pick up at any time other than the day of collection, 19 between the hours of 5 AM 9 PM of the same day. 20

G. Placing unsecured (bear-resistant) refuse containers in the public right-of-way 21 or yard setback. 22

H. Any failure to comply with the requirements of this code section. 23

24 Fines for violations First Offense $100.00 Second Offense within 12 calendar months. $250.00 Third and each subsequent offense within 12 calendar months. $500.00

25 SECURE TRASH REGULATION ZONES 26 27 Areas, neighborhoods, and/or specific locations that have experienced wildlife in 28 trash, and/or; the presence of wildlife has greatly increased the likelihood of wildlife 29 in trash; or any other potential hazard may be designated a Secure Trash Regulation 30 Zone(s) by the Municipal Manager or his/her designee. 31

AO 2019-- Storage and Handling of Garbage/Refuse Page 4 of 5

1 All trash/garbage containers in a Secure Trash Regulation Zone shall be Bear 2 Resistant Containers that meet the Interagency Grizzly Bear Committee (IGBC) 3 Standards or the equivalent or greater, as certified by the waste management 4 provider. 5 6 Bear-Resistant Containers Required. 7 8

(a) No private owner, local agent or manager of any property, lessee 9 leasing the entire premises, or adult occupant of a single-family 10 dwelling, a duplex, a triplex, or a fourplex shall fail to keep all trash, 11 garbage or refuse attractants in bear resistant containers, bear 12 resistant dumpsters or securely stored within a house, garage, shed 13 or other structure at least as secure as a bear resistant enclosure at 14 all times, except when being transported from a house, garage or 15 bear resistant enclosure for pickup. Refuse attractants transported 16 for pickup not in a bear resistant container shall be attended, by a 17 person remaining within 15 feet of the container at all times. 18

It is not a defense to a violation of this section that a container or 19 enclosure was damaged and the owner had not received the notice 20 under subsection (d) below. 21

(b) No person shall place into the public right-of-way or yard setback any 22 bear-resistant container that is not securely closed, regardless of 23 whether it contains refuse attractants. 24

(c) This section shall apply to the area designated as Secure Trash 25 Regulation Zones (s) which require bear-resistant containers. 26

(d) No private owner, local agent or manager of any property, lessee 27 leasing the entire premises, or adult occupant of a single-family 28 dwelling, a duplex, a triplex, or a fourplex shall fail to repair a damaged 29 container within seventy-two hours after written notification by any 30 Municipal official, or such other time designated in the notice by the 31 city official. No trash, garbage or refuse attractants may be stored 32 outdoors until the bear-resistant container is repaired to the working 33 condition as designed. 34

(e) Notice under this subsection is sufficient if hand delivered, emailed, 35 mailed, or telephoned to such person, or by posting on the premises. 36

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AO 2019-- Storage and Handling of Garbage/Refuse Page 5 of 5

1 2 Section 5. This ordinance shall be effective _________, , 2019, upon passage and 3 approval by the Assembly. 4 5 PASSED AND APPROVED by the Anchorage Assembly this ______day of 6 ____________, 2019. 7 8 9

____________________________ 10 Chair 11 ATTEST: 12 13 14 ____________________________ 15 Municipal Clerk 16 17 18 19

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