City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 13
Chapter 13.02
Sections 13.02.0348...
 

Title 13 Public Utilities and Services

Chapter 13.02 Solid Waste

Article III. Collection

Section 13.02.0348 Customer Accepts Risk of Loss or Damage from Normal Operations
  1. As a condition of service, customers, including the property owner, must accept all risk of property loss or liability for damages accruing from service operations of department vehicles or equipment from normal operations, including container delivery, placement, use, pickup or other weight-related impacts from container service.
    1. Any special instructions regarding placement or use of containers or service damage hazards, e.g., foundation or driveway weakness, curbs, lawn, sprinkler systems, shrubbery, storm drains, etc., must be disclosed to the department at the time of container order. This includes all conditions known to be created by the premises owner or occupant as well as any condition that, in the exercise of reasonable care, ought to have been known by the owner or occupant.
  1. Except as disclosed by customer, customer agrees as a condition of accepting service to indemnify and hold harmless the City against all loss or liability from risks or claims arising from container location or placement.
    1. As a condition of service, commercial container service requires department approval and may require a signed damage release form be on file at solid waste management.
    1. Signing a damage release form acknowledges receipt and understanding of these instructions and a willingness to comply with them.
  1. The department picks up properly placed and stored solid waste from the public. The customer shall at all times remain responsible to maintain tidy premises. The customer must accept all risk and responsibility for litter, unsanitary or unsafe conditions of premises, or dumping or spillage of solid waste, including illegal dumping.

Date Passed: Monday, October 15, 2007

Effective Date: Wednesday, November 28, 2007

Recodification ORD C34122 Section 1

Section 13.02.0348 Customer Accepts Risk of Loss or Damage from Normal Operations
  1. As a condition of service, customers, including the property owner, must accept all risk of property loss or liability for damages accruing from service operations of department vehicles or equipment from normal operations, including container delivery, placement, use, pickup or other weight-related impacts from container service.
    1. Any special instructions regarding placement or use of containers or service damage hazards, e.g., foundation or driveway weakness, curbs, lawn, sprinkler systems, shrubbery, storm drains, etc., must be disclosed to the department at the time of container order. This includes all conditions known to be created by the premises owner or occupant as well as any condition that, in the exercise of reasonable care, ought to have been known by the owner or occupant.
  1. Except as disclosed by customer, customer agrees as a condition of accepting service to indemnify and hold harmless the City against all loss or liability from risks or claims arising from container location or placement.
    1. As a condition of service, commercial container service requires department approval and may require a signed damage release form be on file at solid waste management.
    1. Signing a damage release form acknowledges receipt and understanding of these instructions and a willingness to comply with them.
  1. The department picks up properly placed and stored solid waste from the public. The customer shall at all times remain responsible to maintain tidy premises. The customer must accept all risk and responsibility for litter, unsanitary or unsafe conditions of premises, or dumping or spillage of solid waste, including illegal dumping.

Date Passed: Monday, October 15, 2007

Effective Date: Wednesday, November 28, 2007

Recodification ORD C34122 Section 1