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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 8 Health and Sanita Chapter 8.36 Disposal of Carcasses and Refuse
Chapter 8.36 Disposal of Carcasses and Refuse

8.36.010 Disposal of Dead Animals.

(Amended by Ord. No. 132188; passed Feb. 11, effective April 1, 1971.)  It is unlawful for any person to bury the carcass of any dead horse, cattle, or other large animal within the corporate limits of the City, and it is unlawful for any owner or person in possession or control of the carcass of any dead animal to allow the carcass to remain upon or in any public street, alley, public highway, or other public place or premises, or in or upon any yard, lot, or private premises.  Removal of the carcass shall be at the expense of the owner.  If the owner or person responsible for the removal of such carcass is not found, such carcass shall nevertheless be removed by City personnel.  Nothing in this Section shall excuse the City from performance of any existing contract regarding the disposal of dead animals with the Oregon Humane Society or other organization.


8.36.020 Spreading of Nonprocessed Organic Manure.

(Amended by Ord. No. 167943, July 27, 1994.)  It is unlawful for any person to create a nuisance in any park, street, alley, lot building, dock, or any other place by depositing human or animal excreta, except manure as provided for in this Section.  It is unlawful for any person to spread or cause to be spread or deposited upon any ground or premises within the City any nonprocessed manure, for fertilizing purposes, composed in whole or in part of organic excreta, during the months of June, July, August, September, and October, or at other times of the year when weather conditions are such as to permit the breeding of flies.


8.36.030 Hides, Curing and keeping.

(Amended by Ord. No. 167943, July 27, 1994.)  No person shall to keep or store uncured or green hides of any animal in any house, store building, or other place where the same shall cause or create a noisome or offensive smell or atmosphere, to persons traveling along the public streets or to the owners or occupants of premises adjacent thereto.


8.36.040 Noisome Odors or Vapors.

(Amended by Ordinance No. 167943, July 27, 1994.)  The rendering, heating, processing, or steaming of any animal or vegetable product or substance generating noisome or offensive odors shall be conducted using methods to entirely condense, decompose, deodorize or destroy the odors, vapors, or gaseous products.  Such methods may include airtight cooking or rendering kettles, tanks or boilers, fitted with proper escapes or vents for steam used in rendering or cooking.  Escaping steam shall be released through traps or other means so as to not cause unnecessary annoyance or create a nuisance by generating noisome or offensive odors in its disposal.  No person shall burn upon any premises or in any street, alley or other place, any animal or vegetable substance which shall create an offensive or noxious odor.


8.36.050 Disposal of Refuse.

(Amended by Ordinance No. 167943, July 27, 1994.)  No person shall allow any sawdust, oil, rags, brush, cans, old metal, butchers’ offal, garbage, any animal or vegetable matter to accumulate which is or might become putrid or cause or create any noisome or offensive odor.


8.36.060 Stagnant Water.

(Amended by Ord. No. 167943, July 27, 1994)  It is unlawful for any person to permit or suffer water to flow onto or be cast upon any yard, lot, block, place or premises, or into or upon any street, gutter, or place adjacent to or abutting upon any yard, lot, block, or premises so that the same may become stagnant or impure and create or cause a noisome or offensive smell.


8.36.070 Regulations for Transporting of Waste.

(Amended by Ord. No. 132188, 167943; and 169817, effective Mar. 22, 1996.)

A.  Each vehicle used for the collection and transportation of wastes from food processing or food wastes intended for use as animal feed or to be further processed at a rendering plant shall be so constructed that the load therein will not spill or leak therefrom.  All such vehicles shall be kept in a sanitary condition and shall be tightly covered in such a manner as to prevent the emanation of noxious or offensive odors.  Metal containers may be used on such vehicles provided the same are at all times kept covered with tight‑fitting covers to prevent leaking and/or spilling of the contents.  The body and containers on all such vehicles shall be thoroughly washed and disinfected each day.  No vehicle used for hauling food processing wastes or food wastes for animal feed shall at any time be used for the collection and transportation of solid wastes as defined by ORS.459.005 but not including the following materials which the ORS definition includes:

1.  Sewerage sludge, septic tank and cesspool pumpings or other sludge;

2.  Discarded or abandoned vehicles;

3.  Recyclable materials or yard debris which is source separated and set out for recycling purposes.


8.36.075 Enforcement and Appeal.

(Added by Ord. No. 167943, July 27, 1994).

A.  The City Health Officer is authorized to administer and enforce the provisions within Sections 8.36.030 through 8.36.070, and to investigate any violations of these provisions.

B.  In the event of a violation of any provisions within Sections 8.36.030 through 8.36.070, the City Health Officer may:

1.  Order the violation abated as a public nuisance; or,

2.  Assess civil penalties for each violation.  It shall be considered a separate violation for each and every day during any portion of which any violation of these sections are committed, continued or permitted to occur.  In determining the amount of the civil penalties to assess, the City Health Officer shall consider the extent the nature of the violation, the benefits (economic or otherwise) accruing or likely to accrue as a result of the violation; whether the violations were repeated and continuous, or isolated the temporary; the magnitude and seriousness or the violation; the costs of City Health Officer’s enforcement, investigating and abatement of the violation; whether the facts underlying the violation have been considered in a separate criminal proceeding; and such other factors as the City Health Officer deems relevant; or

3.  Take such other action as the Health Officer may deem appropriate, in the exercise of the Health Officer’s discretion.

C.  Any person adversely affected by a decision of the City Health Officer may file an appeal within 10 days the decision, to the Code Hearings Officer of the City of Portland, as set forth is Chapter 22.10 of the Portland City Code.  The notice of appeal shall be in writing, stating the name and address of the appellant to which required notices may be mailed.  The notice shall identify the reasons why the Health Officer’s decision was in error, and what the correct decision should be.  The appellant shall deliver a copy of the appeal to the Health Officer.

1.  The filing of a notice of appeal shall stay the effective date of the decision until the appeal if determined by the Code Hearings Officer.


8.36.080 Spitting in Public Places.

(Amended by Ord. No. 197943, July 27, 1994.)  It is unlawful for any person to expectorate on the floor or any other part of any public conveyance, or on the floor or walls of any public hall, building or office, or upon any sidewalk within the limits of the City, or on the floor or walls of any room where foodstuffs are prepared or kept for sale.


8.36.090 Time for Removal of Refuse.

(Amended by Ordinance No. 176585, effective July 5, 2002.)  It is unlawful for any person to remove, transfer, or transport, any swill or garbage through the public streets at any time prohibited by Section 17.102.130, or by Title 16, Vehicles and Traffic.


8.36.100 Dumping of Garbage, Refuse and Other Solid Wastes.

(Repealed by Ord. No. 169817, effective Mar. 22, 1996.)


8.36.110 Permits for Searching Dumps.

(Repealed by Ord. No. 169817, effective Mar. 22, 1996.)


8.36.120 Disposal of Refuse from Outside the City.

(Repealed by Ord. No. 169817, effective Mar. 22, 1996.)


8.36.150 Burning Clothes.

It is unlawful to burn any clothes, bedding, wearing apparel, or personal property in any burial ground in the City, except in a stove within a building.


8.36.160 Cleaning Skeletons.

It is unlawful to scrape or clean the skeleton of any dead body in any burial ground within the City, except in a suitable building erected thereon.  It is unlawful to deposit any scrapings or dead matter from any skeleton or dead body in any burial ground in said City in such manner as to expose the scrapings or dead matter to public view.


8.36.170 Construction of Vehicles to Convey Garbage, Refuse and Other Solid Waste.

(Amended by Ord. No. 132188; passed Feb. 11, effective April 1, 1971.)

A.  No person shall use, suffer, or permit to be used any vehicle to convey garbage unless such vehicle is tightly constructed and equipped with a closely fitting cover, and unless such vehicle is tightly covered at all times, except when the same is being loaded or unloaded.  No person shall load or drive or cause to be loaded or driven, on any thoroughfare, any such vehicle containing garbage so as to suffer or permit any part of the contents of such vehicle to fall, spill or leak therefrom.

B.  No person shall load or drive, or cause to be loaded or driven on any thoroughfare, any vehicle transporting rubbish, refuse or other solid waste so as to suffer or permit any part of the contents of such vehicle to fall, spill, sift or be blown from such vehicle.


8.36.180 Vehicles Containing Manure to be Covered.

No person shall use, suffer, or permit to be used any vehicle to convey manure unless such vehicle is equipped with a canvas cover securely fastened to such vehicle so as to completely cover all of the manure contained therein at all times except when the contents thereof are being loaded or unloaded.  No person shall load, drive, or suffer or permit to be loaded or driven on any thoroughfare any such vehicle containing manure so as to suffer or permit any part of the contents of such vehicle containing manure to fall, spill, or leak therefrom.