Gene Wieneke

Sunday, May 06, 2007

Bags of Grass Clippings/Leaves Outlawed

The use of plastic bags for the disposal of grass and leaves is now prohibited in the city. In addition, the City has taken another step leading to a completely mechanized trash collection system with the adoption of the ordinance. The initial impact was described in the May issue of the Connection Newsletter.

In my July 13, 2006 posting I stated that the day was soon approaching when all residential trash and garbage would have to be placed in a container that can be emptied with the mechanical arm of future refuse trucks. The placement of items for collection outside of the “acceptable” trash container will not be allowed. For more details see the July 13th archive.

The members of the City Council followed their normal procedure in adopting the ordinance. If the staff says it is alright, there is no reason to evaluate its provisions; let alone read it. I don’t believe any of them intentionally outlawed plastic grass and leaf bags, but they did. In describing approved containers the ordinance says, “And specifically not including trash bags or boxes of any type.”

I already made an inquiry of some council members about the outlawed plastic bags. I was told that the staff would probably waive the requirement at certain times of the year. WHAT? The staff is going to voluntarily, on their own authority, ignore the municipal law without any provision in the ordinance authorizing waivers. There is a name for that crime and it is called Nonfeasance of Office.

Come on Council, amend your new ordinance and start reading further submissions from the attorney. Is it also acceptable for the police department to voluntarily start waiving enforcement of other ordinances? Finally, where does the liability fall when the local laws are ignored? Guess where.

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