Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing and property maintenance — See Ch. 304.
Zoning — See Ch. 515.
[Adopted 6-13-1966 by Ord. No. 121]

§ 440-1 Title.

This article shall be known and may be cited as the "Village of New Haven Garbage and Rubbish Disposal Ordinance."

§ 440-2 Purpose.

This article is enacted for the purpose of regulating the picking up and disposal of rubbish, garbage and waste materials within the Village of New Haven and to regulate such activities in the interest of preservation of the public health, safety and general welfare, and to prevent the collection and disposal of garbage, rubbish and waste materials from constituting a nuisance or a public health hazard.

§ 440-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ASHES
Includes residue from fires used for cooking or heating buildings.
CONSTRUCTION REFUSE
Includes waste materials resulting from the alteration, repair or construction or reconstruction of buildings or structures. The care, collection and disposal of this type of material is the responsibility of the owner or tenant of the property.
GARBAGE
Includes animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to rapid decomposition.
PERSON
Includes any individual, firm, copartnership or corporation, private or public.
REFUSE
Wherever in this article the word "refuse" is used, it shall include all of the items of waste as defined in this section.
RUBBISH (COMBUSTIBLE)
Includes paper, cartons, boxes, barrels and ordinary combustible waste from residences and business establishments.
RUBBISH (NONCOMBUSTIBLE)
Includes metal, tin cans, bottles, glass, crockery and other mineral refuse.
STREET REFUSE
Includes street sweepings, dirt, leaves, catch basin dirt and cartons or litter receptacles.
YARD WASTES
Consists of tree branches, twigs, grass, shrub clippings, woods, leaves and general yard and garden waste materials.

§ 440-4 Exclusive authority for collection of rubbish.

[Amended 10-13-1981 by Ord. No. 180]
A. 
After the effective date of this section, the exclusive authority for the operation and control of the collection, transportation and disposal of rubbish within the Village of New Haven shall be vested in the Village Council and hereafter it shall be unlawful for any person to engage in the business of collection, transportation or disposal of rubbish, garbage or waste materials as hereinbefore defined within the Village of New Haven without written authority given by the Village Council.
B. 
The Village Council is hereby authorized to contract with private individuals for all or such part of the rubbish collection business in the Village as it deems best in the interest of the public health, safety, welfare and general convenience of the citizens of the Village of New Haven, said contract to be upon the best terms and conditions available by virtue of public bids. In the event the Village Council determines that no advantage will be gained by the Village in bidding the contract, then it may, by resolution, do away with the bidding requirement. A contract to any person for the collection of rubbish, garbage or waste material shall not be for a longer period than one year unless the Village Council determines, by resolution, that it will be to the Village's advantage to have a contract of longer duration.

§ 440-5 Mandatory contract provisions.

Any contract executed by the Village for the collection, disposal and transportation of rubbish shall incorporate the following conditions, and such conditions shall become part of every contract so executed as if specifically included therein:
A. 
That the contractor shall provide sufficient vehicles so as to make a rubbish pickup within the Village at least once each week.
B. 
That the contractor shall use only loader-type trucks with a closed body or vehicles equipped with tarpaulins to prevent the littering of rubbish and waste materials on the public streets and highways.
C. 
That the contractor shall obtain and carry throughout the life of the contract with the Village public liability insurance with limits for personal injuries of not less than $25,000 for injuries to any one person and of not less than $50,000 in any one accident, and of not less than $25,000 for property damage.
D. 
That the contractor shall keep his vehicles in a neat and clean condition at all times, free from filth or obnoxious odors.
E. 
That the contractor and his agents and employees shall so far as practicable handle the refuse receptacles with care so as not to damage them or cause undue noise or scattering of refuse or waste materials.
F. 
That the contractor shall establish a schedule for house-to-house pickups and maintain such schedule.

§ 440-6 Rules and regulations.

The following rules and regulations are hereby adopted for the regulation of the collection, transportation and disposal of rubbish, garbage and waste materials within the Village of New Haven. Such regulations shall be effective whether the operation of rubbish disposal is carried on by departments of the Village or by private individuals under contract with the Village. Any contract hereinafter executed between the Village and a private individual for the collection and disposal of garbage, rubbish and waste materials shall be subject to the terms of this article and the rules and regulations hereinafter set forth:
A. 
The owner, lessor, lessee or agent, occupant or tenant of every building where rubbish and waste materials accumulate shall cause to be provided for said building proper receptacles for the storage, handling and disposal of garbage, rubbish and waste materials.
B. 
A receptacle for rubbish and waste materials shall be kept on the premises in the rear thereof except on the days designated for collection when the same shall be placed between the sidewalk and the curb so as to facilitate easy pickup and collection thereof.
C. 
Rubbish containers shall be either garbage cans of metal or wooden bushel baskets with handles in good condition and shall not exceed 20 gallons in capacity nor weigh more than 60 pounds when full. Rubbish containers other than metal or wooden baskets with handles in good condition as herein specified may be collected as rubbish without notice.
D. 
The care, collection and disposal of brush over four feet in length and rubbish or garbage which cannot be contained in a receptacle the capacity of which is no larger than 20 gallons is the responsibility of the owner or tenant of the property.
E. 
It shall be the duty of every owner, tenant, lessee or occupant of any building having garbage, rubbish or waste material to provide or keep within said building and on the lot in which the same is situated suitable containers of sufficient size to handle the accumulation of rubbish or waste material on the premises during the interval between collections. Type, size and construction of these containers shall be in conformity with regulations adopted governing the same.
F. 
Containers for ashes shall be of metal, of sturdy construction, and must have adequate handles to prevent spilling. Containers for rubbish may be of wood or metal or, if a rigid container is not desired, large burlap, canvas or similar cloth bags may be used. Covers for rigid containers are desirable to prevent scattering of contents by the wind and to prevent containers from becoming a breeding place for vermin.
G. 
Garden rubbish shall be placed in containers of wood, metal or paper in order to facilitate handling. Branches shall be cut to four-foot length and tied securely and compactly in bundles.
H. 
The combined weight of any refuse container and its contents shall not exceed 60 pounds.
I. 
No paper, lawn cuttings, or rakings, leaves, weeds, ashes, or any other refuse material whatever, shall be thrown or swept into any street, gutter, intake, alley, vacant lot or other property, whether private or public. It shall be the duty of every tenant, lessee and occupant of any building at all times to maintain said premises in a clean and orderly condition permitting no deposit or accumulation of materials other than those ordinarily attendant upon day-to-day use for which said premises are legally used for.
J. 
It shall be unlawful for any person other than the tenants or occupants of the premises on which containers of refuse are stored or kept or the regularly authorized agents, employees or licensees of the Village to disturb any refuse containers or to remove their covers or any of the contents thereof or to cause such refuse containers or their contents to be strewn or scattered on any street or property, public or private. All refuse shall be set out, properly bundled, or in proper containers on designated collection days. Waste containers placed in streets or alleys shall be properly removed therefrom by such tenant or occupant after same shall have been emptied.
K. 
Rubbish, garbage, refuse or waste, as defined herein, may only be disposed of in the methods provided by this article, and every individual owner or householder shall pay the charges established by the Village Council and provided for in § 440-7 hereof.
[Amended 6-3-1970 by Ord. No. 129; 10-13-1981 by Ord. No. 180]

§ 440-7 Rates, charges and penalties.

A. 
The following rates for garbage and rubbish collection are hereby established:
(1) 
For single-family residences: $1.95 per quarter.
(2) 
For multiple-family residences, for each family or apartment: $1.95 per quarter.
B. 
The schedule of rates as herein set forth shall be subject to increase or revision from time to time by the Village Council as may be required to defray the cost of collection.
C. 
Statements shall be rendered quarterly and may be included with the water and sewage bill, in the discretion of the Village Council.
D. 
Billing for garbage, refuse, rubbish and waste collection services shall be made quarterly and shall be due and payable 20 days after the date of such bill. For all bills not paid when due, a penalty of 10% of the amount of such bill shall be added. In addition to the penalty mentioned above, a billing service charge of 2% of the unpaid balance of any garbage, refuse, rubbish or waste bill shall be added to such bill for each quarter the bill remains delinquent subsequent to the first billing date.
[Amended 10-13-1981 by Ord. No. 180]
E. 
The charges for garbage, rubbish and waste collection service are hereby made a lien on all premises served thereby. Whenever any such charge against any premises shall be delinquent for six months, the Village official or officials in charge of collection thereof shall certify such delinquency to the Village Assessor, and such charges shall be entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as special assessments against such premises.
F. 
In addition to other remedies herein provided, the Village may discontinue garbage and rubbish and waste collection to any premises for the nonpayment of charges when due, provided that such discontinuance shall not exempt or release the owner, tenant or occupant of said premises from any other penalties provided by this article.
G. 
Any person or persons who shall violate any of the provisions of this article shall, upon conviction thereof in a court of competent jurisdiction, be punished under the municipal civil infraction provisions set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day that an offense shall exist shall constitute a separate crime.
[Amended 1-13-2015 by Ord. No. 333]

§ 440-8 Remedies.

Violations of this article may be restrained by a court of equity by issuance of an injunction for each and every violation hereunder in such manner and on such terms as a court of equity shall determine.

§ 440-9 Rules and regulations.

The Village Council is authorized to make such rules and regulations as from time to time appear to it to be necessary to carry out the intent of this article; provided, however, that such rules do not conflict with this or other ordinances of the Village.

§ 440-10 Nonapplicability.

The provisions of this article shall not apply to any commercial or industrial establishment nor to any trailer park.