[CC 2000 §4-2-1; CC 1974 §8-14.A; Ord. No. 684, 4-28-1986; Ord. No. 936, 6-16-1997]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
BULKY RUBBISH
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors with the equipment
available therefor.
CITY
The City of Vinita Park, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
CONTRACTOR
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
CURBSIDE
A location adjacent to and not more than five (5) feet from
any street.
DIRECTOR
The Director of the Solid Waste Management Program of the
City of Vinita Park shall be the Director of Public Works.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
DUMPSTER
A container of steel or similar materials equipped with tight-fitting
doors and/or lids and designed to be emptied directly into a collection
vehicle or taken by such vehicle to a disposal site; provided, that
the container does not leak and has a capacity of not less than one-half
(½) cubic yard.
DWELLING UNIT
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
FRONT BUILDING LINE
The front of the house, not including any porch, whether
wood, brick or concrete, added to the front of the house.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission by rules and regulations, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a present or potential threat to the health
of humans or the environment.
MAJOR APPLIANCES
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
OCCUPANT
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
PERSON
Any natural individual, firm, partnership, trust, association
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and as applied to corporations,
it includes the officers, agents or employees thereof who are responsible
for the act referred to.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced. This Chapter in no way shall prevent
individuals from using a compost heap for use in gardening or other
fertilizing as long as it presents no health hazard to the neighbors
or community, puts off any obnoxious odors and no garbage is used
in the composting process.
PROHIBITED ITEMS
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
SOLID WASTE
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
SOLID WASTE CONTAINER
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation,
processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from time of
its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
YARD WASTES
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 2000 §4-2-2; Ord. No. 684, 4-28-1986; Ord. No.
936, 6-16-1997; Ord. No. 1046 §§1 — 3, 3-17-2003]
A. Containers Provided By City. The City of Vinita Park is
obtaining trash containers costing approximately fifty dollars ($50.00)
each and will provide the containers to the residents of the City
free of charge.
1. The containers shall be the responsibility of the occupants of the
residence for which it was issued and such occupants will be responsible
for the cost of repairs to fix or replace any damaged, lost or destroyed
container.
2. The resident shall notify the City immediately of any damage caused
by the trash hauler.
3. Any resident whose trash container is stolen must immediately make
a report to the Police Department.
4. In the event any trash container belonging to the City of Vinita
Park, which has been assigned to a residence, is not returned upon
request of the City, the occupants of such residence shall be required
to pay the cost of replacement of such container.
5. In the event any trash container owned by the City is damaged by
a resident or any other party while such container is in the possession
of a City resident or other party, such resident or responsible party
shall be responsible for the cost of repairs to such container.
6. Any person failing to comply with this Section
230.020(A) shall be subject to a fine of not more than one thousand dollars ($1,000.00) and costs.
B. Use And Maintenance Of Containers. The occupant of every
dwelling unit and of every institutional, commercial, industrial,
agricultural or business establishment shall place all solid waste
to be collected in proper solid waste containers, except as otherwise
provided herein, and shall maintain such solid waste containers and
the area surrounding them in a clean, neat and sanitary condition
at all times.
C. Container Specifications.
1. Residential containers. Residential solid waste
shall be stored in containers of not more than ninety-five (95) gallons
nor less than twenty (20) gallons in nominal capacity. Containers
shall be leakproof, waterproof and fitted with a flytight lid and
shall be properly covered at all times, except when depositing waste
therein or removing the contents thereof. The containers shall have
handles, bails or other suitable lifting devices or features. Containers
shall be of a type originally manufactured for residential solid waste,
with tapered sides for easy emptying. They shall be of light weight
and sturdy construction. The weight of any individual container and
contents shall not exceed seventy-five (75) pounds. Galvanized metal
containers or rubber, fiberglass or plastic containers which do not
become brittle in cold weather may be used. Disposable solid waste
containers with suitable frames or containers as approved by the Director
may also be used for storage of residential solid waste.
2. Commercial containers. Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times, except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section
230.060 of this Chapter.
D. Bundling Of Tree Limbs And Brush. Tree limbs less than
four (4) inches in diameter and brush shall be securely tied in bundles
not larger than forty-eight (48) inches long and eighteen (18) inches
in diameter when not placed in storage containers. The weight of any
individual bundle shall not exceed seventy-five (75) pounds.
E. Containers For Yard Wastes. Yard wastes shall be stored
in containers so constructed and maintained as to prevent the dispersal
of wastes placed therein upon the premises served, upon adjacent premises
or upon adjacent public rights-of-way. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Leaves and yard clippings may be placed in plastic trash and leaf
bags unless found by the Director to be unacceptable for storage.
F. Storage Of Containers.
1. All containers. All trash, garbage or recycle containers
shall be kept behind the front building line; except, that recycle
containers that cannot be seen from the sidewalk may be kept on the
front porch of a building if the lid is kept on the container.
2. Residential containers. Residential solid waste
containers shall be stored upon the residential premises.
3. Non-residential containers. Commercial solid waste
containers shall be stored upon private property unless the owner
shall have been granted written permission from the City to use public
property for such purpose.
G. Site Maintenance And Access. The storage site shall be
well drained and fully accessible to collection equipment, public
health personnel and fire inspection personnel.
H. Non-Conforming Containers. Solid waste containers which
do not meet the specifications as outlined in this Section will be
collected, together with their contents, and disposed of.
[CC 2000 §4-2-3; CC 1974 §8-14.A; Ord. No. 702, 10-20-1986; Ord. No. 979, 5-17-1999; Ord. No. 1065 §§1 — 3, 12-15-2003]
A. Permit Requirements.
1. Permit required.
a. A permit must be obtained from the Director of Public Works in order
to locate a dumpster in the City.
b. No dumpsters of three (3) cubic yards or more — construction or otherwise — shall be located within the City of Vinita Park without a permit issued by the Building Inspector. No dumpsters of three (3) cubic yards or more — construction or otherwise — shall be located on property zoned "A" residential without a permit issued by the Building Inspectors, and such permit shall not authorize placement of dumpsters in "A" residential locations for a period in excess of thirty (30) days, with one (1) thirty (30) day extension allowable. The fee for a permit for such dumpsters shall be the same as already set out for a dumpster license in Subsection
(A)(3) and shall not be prorated because the license is issued for less than a year. The permit shall cover the period of time for which placement of the dumpster on the particular property is authorized. The penalty for failing to secure the necessary permit to authorize placement of a dumpster, or for extending the time frame authorized for placement of a dumpster, shall be not more than one thousand dollars ($1,000.00) per day.
2. Term of permit. The permit shall be issued for
a period of one (1) year beginning on July first (1st) of each year
and ending on June thirtieth (30th) of the following year.
3. Fee.
a. There shall be a required permit fee of fifty dollars ($50.00) per
year per dumpster having three (3) cubic yards or more capacity located
within the City.
b. Any person, firm or corporation owning or placing a dumpster within the City, as well as the operator of the business in the event the owner cannot be located, shall be responsible for the fee of fifty dollars ($50.00) for the dumpster to remain in operation in the City per the permit as set out in Subsection
(A)(1) of this Section.
c. The fifty dollar ($50.00) fee shall be for each dumpster or solid
waste processing or disposal facility within the City and this fee
shall apply to any dumpster that is three (3) cubic yards or larger.
B. Specifications. Each dumpster located within the City shall
have the name and phone number of the vendor imprinted on the same.
C. Location And Placement.
1. Dumpsters must be located to the rear of any lots on which they are
located and out of sight and as close to the building which they service
as practical.
2. Dumpsters are to be stationary so that they can only be moved by
the waste collection agency.
D. Hours Of Pickup. Dumpsters shall not be serviced except
between the hours of 7:00 A.M. and 7:00 P.M.
[CC 2000 §§4-2-4(B, C, D-1), 4-2-5; Ord. No. 684, 4-28-1986]
A. The
City shall provide for the collection of solid waste as follows:
1. Collection of residential solid waste. The City
shall provide for the collection of residential solid waste in the
City, provided however, that the City may provide the collection service
by contracting with a person, County or other City or a combination
thereof for the entire City or portions thereof as deemed to be in
the best interests of the City.
2. Other collections. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
3. Collection schedules.
a. Residences. All residential solid waste, other
than bulky rubbish, shall be collected at least twice weekly. At least
forty-eight (48) hours shall intervene between collections.
b. Commercial. All commercial solid waste shall be
collected at least once weekly and shall be collected at such lesser
intervals as may be fixed by the Director or requested by the commercial
establishment upon a determination that such lesser intervals are
necessary for the preservation of the health and/or safety of the
public.
B. All
solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C. Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Aldermen.
D. Materials To Be Collected. All solid waste from premises to which collection services are provided by the City may be collected except "bulky rubbish" as defined in Section
230.010 of this Chapter. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director and may be collected at least once monthly.
E. Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approved by the Director.
F. It
shall be the responsibility of the occupants of each dwelling unit
to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time.
G. It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H. It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I. The
following collection frequencies shall apply to collections of solid
waste within the City: All residential solid waste, other than bulky
rubbish, shall be collected at least once weekly. All commercial solid
waste shall be collected once weekly and shall be collected at such
lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J. Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection
(C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K. All
solid waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L. It
shall be unlawful for any person, firm or corporation collecting and
disposing of rubbish, garbage or waste material from premises in the
residential districts or premises in any commercial district which
abuts or adjoins a residential district in the City to make such collection
or dispose of rubbish, garbage or waste materials between the hours
of 9:00 P.M. and 7:00 A.M.
M. Collection At Curb. Tree limbs and yard wastes, as described in Section
230.020(D) and
(E) of this Chapter, respectively, shall be placed at the curb for collection. Solid waste containers, as required by this Chapter, for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed except as set out in the ordinances of the City.
[CC 2000 §4-2-6(B); Ord. No. 684, 4-28-1986]
A. All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for transportation of solid waste shall be constructed with watertight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste or, as an alternative,
the entire bodies thereof shall be enclosed with only loading hoppers
exposed. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
B. Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities. However,
all such material shall be conveyed in tight vehicles, trucks or receptacles
so constructed and maintained that none of the material being transported
shall spill upon the public rights-of-way. All dump trucks or other
vehicles shall be covered or have tarpaulin covering their load and
tied tightly to prevent spillage upon public rights-of-way.
C. Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section
230.050.
[CC 2000 §4-2-9; Ord. No. 684, 4-28-1986]
A. The
Director may make, amend, revoke and enforce reasonable and necessary
rules and regulations governing, but not limited to:
1. Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2. Specifications for solid waste containers including the type, composition,
equipment, size and shape thereof.
3. Identification of solid waste containers, and of the covers thereof,
and of equipment thereto appertaining, if any.
4. Weight limitations on the combined weight of solid waste containers
and the contents thereof, and weight and size limitations on bundles
of solid waste too large for solid waste containers.
5. Storage of solid waste in solid waste containers.
6. Sanitation, maintenance and replacement of solid waste containers.
7. Schedules of and routes for collection and transportation of solid
waste.
8. Collection points of solid waste containers.
9. Collection, transportation, processing and disposal of solid waste.
10. Processing facilities and fees for the use thereof.
11. Disposal facilities and fees for the use thereof.
12. Records of quantity and type of wastes received at processing and/or
disposal facilities.
13. Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B. The
City Clerk or such other City Official who is responsible for preparing
utility or other service charge billings for the City is hereby authorized
to make and promulgate reasonable and necessary rules and regulations
for the billing and collection of solid waste collection and/or disposal
service charges, as hereinafter provided for, subject to the approval
of the Board.
C. A copy
of any and all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk of
the City.
[CC 2000 §4-2-10; Ord. No. 684, 4-28-1986; Ord. No.
972, 3-15-1999]
A. It
shall be unlawful for any person, firm or corporation to:
1. Unlawful deposits.
a. Throw or deposit in or upon his/her own or another person's private
premises or on any public place, including public roads, streets and
rights-of-way, any rock, metal, glass, wood, masonry, hard plastic
or other similar hard substances or any wood or debris or construction
wastes.
b. Deposit solid waste or any other trash or litter in any solid waste
container other than his/her own without the written consent of the
owner of such container.
c. Intentionally deposit, rake or dump any leaves, grass or yard waste
on any public streets, curbs, rights-of-way or property owned by the
City.
d. This Subsection
(1) shall not prohibit any owner of property from depositing waste or storage of litter in his/her own collection receptacles.
2. Failure to collect. Fail to have solid waste collected
as provided in this Chapter.
3. Interference with waste collection. Interfere in
any manner with solid waste collection and transportation equipment
or with solid waste collectors in the lawful performance of their
duties as such, whether such equipment or collectors shall be those
of the City or those of a solid waste collection agency operating
under contract with the City.
4. Unlawful disposal. Dispose of solid waste at any
facility or location which is not approved by the City and the Missouri
Department of Natural Resources.
5. Unlawful business practices. Engage in the business
of collecting, transporting, processing or disposing of solid waste
within the corporate limits of the City without a permit from the
City or operate under an expired permit or operate after a permit
has been suspended or revoked.
6. Violation of rules and regulations. Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section
230.060 of this Chapter.
[CC 2000 §4-2-13; Ord. No. 684, 4-28-1986]
Any person violating any of the provisions of this Chapter or any lawful rules and regulations promulgated pursuant hereto, upon conviction, shall be subject to the penalty provided in Section
100.220 of this Code.