Referendum to Repeal the Mandatory Trash Ordinance

August 20. 2009
by Max Bryant

In December, 2008, over the objections of numerous Fernley citizens, the Fernley City Council enacted City of Fernley Ordinance #2008-013, the Solid Waste Management and Franchisees Ordinance, also known as the "mandatory trash ordinance." Without regard to the many significant negative impacts on senior citizens; low income families; citizens who haul their own trash; and those who recycle, city officials voted to approve the ordinance.

As a result, on 02 June 2009, a Referendum Petitioners Committee was officially established with the goal of repealing the mandatory trash ordinance, and all amendments and revisions.

There are important reasons to repeal this ordinance:

1. The ordinance is unconstitutional. Failure to subscribe to collection service, or to pay service charges, penalties and fees will subject Fernley citizens to civil action including court ordered liens against their property. If for any reason you are ever unable to pay your garbage bill, a private company (Trash Pros) with the acquiescence of our municipal government, can place a lien against your property. If the lien is not paid, they can force the sale of your home.

2. The ordinance was enacted under false pretenses. Supposedly, mandatory trash was needed to "protect public health and welfare, prevent water and air pollution, prevent the spread of disease and creation of nuisances, conserve natural resources, and enhance the beauty and quality of the environment." But, with the city getting an eight percent cut of Trash Pros gross revenues, the "mandatory" clause of the franchise agreement has little to do with trash. And, it has nothing to do with maintaining the aesthetics of our community or looking after the welfare of our citizens. Mismanagement of the city treasury has resulted in a municipal debt totaling tens of millions of dollars and this ordinance is nothing more than a scheme for generating revenue in order to cover up gross fiscal irresponsibility. It is simply a tax hidden as a service fee and, at eight percent, the franchise fee is the highest in the entire state of Nevada

3. The ordinance discriminates against low income families and seniors. If you lose your job or are on a fixed income, you can not avoid a garbage bill. By law, you are not allowed to haul your own garbage. Neighbors can't combine their garbage in a single tote, even if they only generate a small amount of refuse each week. Even if you never put a single piece of garbage out on the curb for pick-up, Trash Pros and the City of Fernley still say you owe them. They claim the minute a trash truck drives down your street, you have been provided service and you will get a bill. It makes no difference if they haul anything or not.

4. The ordinance is overly intrusive and eliminates competition. The City claims they are acting in our best interests, getting the best rates possible by entering into an exclusive franchisee agreement. But, unincorporated Churchill County has an open franchisee agreement and residents there are provided the same Trash Pros service for $55 a quarter (with a one year contract,) that currently costs the citizens of Fernley $66 per quarter.

5. The Solid Waste Management and Collection Franchisees Ordinance, is not in the best interest of the community. But, because they want the revenue, City Council has sought to force this on the community and they don't care what disingenuousness, ruse, or deception is required to carry it off.

Repeal of the Solid Waste Management and Franchisees Ordinance, and all amendments and revisions thereto will free Fernley citizens from compulsory subscription. It will eliminate the Exclusive Residential Franchise Agreement thereby stimulating competition among service providers and reducing rates for consumers, and it will force the Fernley municipal government to adopt new and better rules and procedures for regulating the collection, transportation, deposit, transfer, recycling, and disposal of solid waste.

If you are a Lyon County registered voter residing in Fernley and would like to sign the petition, the Mandatory Trash Referendum Committee will be at the Fernley Farmers Market on Saturday, 29 August 2009, from 11:00 AM until 3:00 PM. Please stop by and sign the petition, or just become better informed about this important issue.