City of Bowling Green, MO
Pike County
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Table of Contents
Table of Contents

Section 230.010 Definitions.

[Ord. No. 1226 §I, 6-18-2001]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
BUSINESS ESTABLISHMENT
Any individual, firm, partnership, corporation, association, club, agency or other organization engaged in this City in retail or wholesale commercial, manufacturing, individual or personal services, education, religious, benevolent or professional activities or in the management or operation thereof.
CITY SOLID WASTE COLLECTOR
Any individual, firm, partnership, corporation or employees thereof under contract with the City for the collection, removal and final disposition of solid waste from all premises owned, rented, leased or occupied by any householder within the City under the direction and supervision of the Director of Solid Waste.
DIRECTOR OF SOLID WASTE
The individual who has been duly appointed to the office of Director of Solid Waste of this City, who is charged with the enforcement of the provisions of this Chapter.
HOUSEHOLDER
Any individual who is the legal owner or nominal head of a household comprised of himself/herself and other individuals who own or hold temporary or permanent domicile in a single-family dwelling, hotel or boarding school within this City.
INSTITUTIONS
The premises and activities of any individual, firm, partnership, corporation, association, club, public or private agency or other organization engaged within this City in teaching of any kind, in religious or benevolent services or in the temporary or permanent care or treatment of more than three (3) individuals who either have or are suspected of having physical or mental afflictions.
MULTIPLE DWELLING
Any kind or portion thereof used or designed as a residence for two (2) or more families living independently of each other.
PRIVATE SOLID WASTE COLLECTOR
Any person who has been licensed by the City to engage in the collection, removal and final disposition of solid waste and who has been employed by any other person to render such services.
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.
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.

Section 230.020 Development and Maintenance of Adequate Solid Waste Disposal Program.

[Ord. No. 1226 §I, 6-18-2001]
A. 
The City shall plan, organize, implement and enforce, to the extent and in the manner prescribed by this Chapter, a City wide solid waste disposal program providing for the accumulation, storage, removal and final disposition by the City solid waste collector or private solid waste collectors, or both, of all solid waste produced by and in households, business establishments and public or private institution's within this City. This solid waste disposal program shall be of sufficient scope to assure the preservation of public health, welfare and safety in this City. The disposal operations operated by the City shall be known as the "City's solid waste disposal service". The disposal operations which are paid for directly by business establishments and public or private institutions shall be known as the "private solid waste disposal service". Each of theses services shall be divided into the following phases of operations:
1. 
Accumulation and storage of solid waste on premises served. This operation shall be the responsibility of the owner, user or operator of the premises concerned.
2. 
Collection and removal of solid waste from premises served. This operation shall be the responsibility of the City solid waste collector or the licensed private collector, or both.
3. 
Final disposition of solid waste on sites and by methods approved by Director of Solid Waste or other City Official. This operation shall be the combined responsibility for the respective solid waste collectors and the owner and operator of the disposal site.

Section 230.021 Who May Provide Solid Waste Disposal Service.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A. 
The disposal of solid waste shall be considered lawful if it is performed by:
1. 
The City solid waste collector under contract with the City to render solid waste disposal service to households, to the extent and by the procedures prescribed in such contracts and this Chapter.
2. 
Any private solid waste collector who has been licensed for such work by the City and who has been employed by one (1) or more business establishments, public or private institutions to collect, remove and to effect final disposition of solid waste from the premises concerned in full conformity with the provisions of this Chapter and at no expense to the City.
3. 
Any other person provided he/she effects the disposal of solid waste on his/her own premises by means of a solid waste grinding and disposal unit or other facilities and their operation conforms with the provisions of this Chapter and has been approved by the Director of Solid Waste.
4. 
Subparagraph (3) makes it unlawful for any person to dispose of their own solid waste other than through approved procedures by the Solid Waste Director of the City.

Section 230.022 Collection by Unauthorized Persons — Interference With Containers or Contents.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A. 
It shall be unlawful for any person other than the fully authorized collectors of the City, as prescribed in this Chapter, to collect solid waste or to interfere in any manner with any receptacle containing solid waste or the contents thereof or to remove any such receptacles from the place where the same are placed by the owner or lessee thereof or to remove the contents of such receptacle.
B. 
Subsection (A) makes it unlawful for any person other than the authorized collector of the City to collect solid waste or interfere in any manner with such collection by the franchised collector or, in the case of commercial establishments or multi-family unit residences, the licensed private hauler.

Section 230.023 Licensing of Private Collectors.

[Ord. No. 1226 §I, 6-18-2001]
It shall be unlawful for any person to engage in business as a private solid waste collector within the City without first obtaining a license to engage in such business. Persons desiring a license to conduct such business shall apply to the Director of Solid Waste who, upon satisfactory proof of the qualifications and fitness of the applicant and of his/her ability to comply with all of the provisions of this Chapter, shall issue a certificate of qualification and the applicant, upon presentation of to the City Clerk of such certificate of qualification, together with the payment of a fee of fifty dollars ($50.00) for each truck to be used in such business, shall be entitled to a license to engage in business as a private solid waste collector. The solid waste collector is to establish the number of trucks to be used. Such license shall expire on June thirtieth (30th) of the calendar year of issuance and may be renewed thereafter annually upon payment of such fee of fifty dollars ($50.00) per truck; provided, that the Director of Solid Waste shall have the right to direct the City Clerk to refuse to renew any such license if the Director of Solid Waste shall determine that the holder thereof no longer qualifies for a license under the provisions of this Section. Initial license fee may be prorated to expire on June thirtieth (30th).

Section 230.024 Unlawful Solid Waste Disposal Operations.

[Ord. No. 1226 §I, 6-18-2001]
It shall be unlawful for any person to store, remove or dispose of solid waste by burning or by burying or depositing it in any alley, street, roadway, vacant lot, ditch, gully, stream, creek, body of water or any other private or public property or any other place within or beyond this City whose use for solid waste storage or disposal has not been approved by the Board of Aldermen.

Section 230.025 Type and Scope of Solid Waste Disposal Services.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A. 
How Provided. Until such time when the City deems it necessary and feasible to organize and operate its own solid waste disposal department, the City shall effect the collection, removal and final disposition of solid waste from households by entering into a contract for such services with an individual, partnership or corporation qualified for and experienced in these operations. The person with whom the City enters into contract for solid waste disposal service shall be termed the City solid waste collector.
B. 
Service To Households.
1. 
The City's services to householders under its contract with the City solid waste collector shall include the collection, removal and final disposition of all solid waste which is stored in accordance with the provisions of Section 230.030.
2. 
Subsection (B) sets forth that the City franchise collector shall collect all single-family households. The above provisions, therefore, make it unlawful for any person or firm other than the licensed franchise collector to collect solid waste from a single-family household within the City.
C. 
Service To Business Establishments. The private services to business establishments, public and private institutions under contract with private solid waste collector or collectors shall include the collection, removal and final disposition of all solid waste which is stored in accordance with the provisions of this Chapter, at no cost to the City.
D. 
Service To Multiple Dwellings. The private service to multiple dwellings under a private solid waste collector shall include the collector's removal and final disposition of all solid waste which is stored in accordance with the provisions of this Chapter, at no cost to the City.

Section 230.026 Responsibility for Proper Operation of Solid Waste Disposal Services.

[Ord. No. 1226 §I, 6-18-2001]
Duties Of Director Of Solid Waste. The Director of Solid Waste shall direct, supervise and control the accumulation and storage of all solid waste in this City and the collection, removal and final disposition of all solid waste by the City solid waste collector from households or private solid waste collectors, from business establishments and public or private institutions in this City in full conformity with the provisions of this Chapter and he/she shall enforce the terms of the contracts between the City and the City solid waste collector.

Section 230.030 Responsibility of Owner or User of Premises for Accumulations and Storage.

[Ord. No. 1226 §I, 6-18-2001]
A. 
Any person who owns, operates or maintains a household, business establishment or a public or private institution in this City shall be responsible to the City for the orderly and sanitary accumulation and storage of solid waste pending removal in full conformity with the provisions of this Chapter.
B. 
It shall be unlawful for any person to accumulate, deposit or store solid waste on his/her premises or any other place within or beyond this City in any manner or for a longer period than prescribed in this Chapter.

Section 230.031 Storage Methods and Procedures Generally.

[Ord. No. 1226 §I, 6-18-2001]
A. 
What May Not Be Stored. Liquid food wastes and urine or feces of whatever origin shall not be accumulated or stored for removal by either the City solid waste collector or a private collector, but shall be disposed of promptly through the sewer system by the person concerned.
B. 
What May Be Stored And How. All items of solid waste which accumulate in households, business establishments and public or private institutions shall be stored, insofar as possible and except as noted below, pending collection by either the City solid waste collector or a private solid waste collector in the following manner:
1. 
If the City's solid waste disposal program provides for the separate collection of solid waste, such wastes shall be stored in separate containers of the standard type.
2. 
If the City's solid waste disposal program provides for the combined collection of solid waste, such wastes shall be stored together in the same standard container but the solid waste shall be bundled and wrapped in paper of sufficient thickness to minimize leakage.

Section 230.032 Special Storage Methods.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1261 §I(C), 1-21-2002; Ord. No. 1310 §I, 8-21-2002]
A. 
Use Of Special Containers. In the event that the solid waste of a business establishment, public or private institution cannot be stored satisfactorily and efficiently in the prescribed standard containers, the Director of Solid Waste may authorize the use of trailer tanks or other containers for service by private solid waste collectors.
B. 
Storage Of Large Items Of Solid Waste. In the event that a business establishment or public or private institution requires removal of large items of solid waste which are constructed of material that cannot be broken up to permit storage in standard containers, such items of solid waste may be stored on the outside of the premises concerned without placement into containers; provided, that the number of such items is reasonable and that such solid waste is kept at least eighteen (18) inches above the ground; and provided further, that such storage will not produce conditions which in the opinion and judgment of the Health Commissioner and the Director of Solid Waste will tend to create a sanitary nuisance or a hazard to the public health, welfare or safety.
C. 
Temporary Bulk Containers At Residences. In the event that there shall be a temporary special need for a bulk container for disposal of construction materials at a residence within the City, the owner of such single-family residence may apply to the Director of Solid Waste for a permit allowing the placement of a bulk container for disposal of construction materials at such residence for a period not exceeding two (2) months. The bulk container may be used only for disposal of construction materials and no other solid waste shall be permitted therein. Each permit shall be approved by the Director of Solid Waste and City Administrator only if the application for the permit indicates a permitted reason for same. Should the bulk container be used for any other purpose or should the terms or length of term of the permit be violated, then the owner shall be prosecuted for violation of this Section and subjected to the general penalty provisions of the Code. Two (2) or more prior violations of this Section shall be sufficient grounds to deny applications for other permits for bulk containers. The owner of the real estate is solely responsible for compliance with this Section and the removal of said bulk container prior to the expiration of the permit. The bulk container shall be provided by the residential solid waste franchisee of the City and it shall be a violation of this Section for any other person or firm to provide a bulk container at a single-family residence, the only exception being if the contractor doing the construction or demolition work owns its own bulk container, then such contractor may provide the bulk container, but subject to the provisions of this Section requiring a permit for each such use. The Director of Solid Waste shall develop and make available at City Hall an application form for the permit required hereunder.

Section 230.033 Length of Storage Period.

[Ord. No. 1226 §I, 6-18-2001]
Solid waste which under the terms of this Chapter are eligible in type and the amount for collection by the City solid waste collector shall not be stored on the inside or outside premises for a period longer than the time interval between collection days prescribed by the City. Solid waste which on account of type or amount require the services of a private solid waste collector shall not be stored on the inside or outside of premises for more that ninety-six (96) hours pending collection.

Section 230.034 Containers — Specifications — Type.

[Ord. No. 1226 §I, 6-18-2001]
In order to assure that the accumulation and storage of solid waste shall be performed in an orderly, clean, sanitary and safe manner, the containers which are used for these purposes shall be of the following type:
Standard container. Insofar as possible and except as noted in Section 230.032 and this Section, solid waste shall be stored between collection periods in standard containers which have a capacity of not less than five (5) gallon nor more than thirty-five (35) gallons. These container shall be containers constructed of galvanized tin, plastic or similar durable material. These containers shall be equipped with tight-fitting lids and suitable bails or handles.

Section 230.035 Containers — Number.

[Ord. No. 1226 §I, 6-18-2001]
Any person who accumulates and stores solid waste shall provide the number of containers which in the opinion and judgment of the Director of Solid Waste are necessary for the orderly, clean and sanitary storage of solid waste on the premises concerned in the interim between the prescribed collection days; provided, that no more than three (3) standard containers shall be provided by any householder at his/her dwelling place.

Section 230.036 Containers — Management by Their Owners or Users.

[Ord. No. 1226 §I, 6-18-2001]
Any person who owns or uses solid waste containers of any kind or in whose behalf they are used by others shall keep them at all times in a dry, sanitary, rodent, insect and leakproof condition and shall clean, sanitize and repair them as often as necessary for proper compliance with this Chapter. The level of the contents of standard containers shall be kept at least four (4) inches from the top. The owner or user of containers and the solid waste collector shall be careful to avoid spillage of contents and, if it occurs, they shall clean it up promptly and restore the premises to a clean and sanitary condition.

Section 230.037 Collection and Removal.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1234 §I, 8-20-2001]
A. 
Collection Points. All solid waste which is accumulated in the City and offered for disposal shall be collected from the curb of the premises. Solid waste containers shall be kept at all times at a point on the premises which is not visible from the street except at times of collection. The person who is responsible for the proper storage of solid waste on the premises concerned and the collector serving him/her shall confer and shall designate a collection point at which prior to 7:00 A.M. on collection days, all the containers and items of solid waste which are to be removed from the premises shall be placed. No container or containers shall be placed at the curb collection point prior to 8:00 P.M. the day before collection and must be removed from curb collection point no later than 12:00 A.M. following collection day. On collection days all solid waste containers and items of solid waste shall be placed at their designated collection point. The City solid waste collector shall not be required to collect solid waste from inside of buildings, nor any solid waste not contained in a standard container, nor from more than three (3) standard containers at any one time from any one (1) household. When solid waste containers contain both eligible solid waste and non-eligible, the City solid waste collector shall not be obligated to collect and remove their contents. All appliances containing freon, such as refrigerators, freezers or air-conditioners, must have a certified tag attached stating that the freon has been removed by a licensed technician. When such violation occurs, the City solid waste collector shall report it to the person concerned and the Director of Solid Waste. In case of controversy as to the eligibility or ineligibility of solid waste, the decision of the Director of Solid Waste shall be final.
B. 
Management Of Containers By Solid Waste Collectors. Solid waste collectors shall perform their duties in a quiet, orderly and sanitary manner. After emptying the containers, the collector shall replace their lids and shall return the covered containers to the designated collection point on the premises. In case of spillage during collection, the solid waste collector shall pick up the spillage and restore the premises to a clean and sanitary condition. In the event the City solid waste collector damages a container or its lid to an extent that it is subject to condemnation by the Health Department, it shall be the responsibility of the City solid waste collector to replace the containers or lid with a new container or lid of the same type, quality and size.
C. 
Method Of Collection. The collection and removal of solid waste shall be effected either by a combined or separate operation as prescribed by the Board of Aldermen.
D. 
Frequency Of Collection And Removal.
1. 
Collection and removal of solid waste by the City's collector shall be made two (2) times weekly as prescribed in the contract between the City and its solid waste collector and such collections shall be made on the days designated by the solid waste collector with the approval of the Board of Aldermen.
2. 
In addition to the regularly scheduled pickups, the City solid waste collector will pick up larger discarded household items (bulky or "white" items) on an as needed basis upon notification of the individual residents.
3. 
Collections and removal of solid waste by private, licensed collectors shall be made as often as deemed necessary by the Director of Solid Waste to prevent the development on the premises concerned of conditions which tend to create a sanitary nuisance or hazard to the public health, welfare and safety.
4. 
No collections shall be made from households, business establishments, public or private institutions before 6:30 A.M. or after 5:00 P.M. No collections shall be made from any type of premises on Sundays.
E. 
Equipment. All solid waste shall be collected and removed in vehicles with solid metal bodies or liners and which have leakproof bottoms and sides. Open top vehicles shall be permitted only during a specified period with written permission granted by the Director of Solid Waste. All vehicles and other equipment used in these operation shall be kept at all times in a clean, sanitary and safe condition and in good repair by the operator. All vehicles and other equipment used in these operations shall be subject to the approval and periodic inspections by the Director of Solid Waste.
F. 
Personnel. The City solid waste collector or private solid waste collector shall conduct his/her operations with personnel who are capable of operating the required equipment in a safe, efficient and satisfactory manner. They must be courteous, neat and clean at all times.

Section 230.038 Final Disposition of Solid Waste.

[Ord. No. 1226 §I, 6-18-2001]
A. 
Illegal Methods And Sites. It shall be unlawful for any person or collector to dispose of solid waste on his/her premises or on any other place within or beyond this City or County or in any other manner than is prescribed in this Chapter.
B. 
Legal Methods And Sites. The methods and the sites which the City solid waste collector proposes to use for the final disposition of solid waste collected in this City shall be subject to the approval of the Board of Aldermen and State Department of Health and shall be in full conformity with the provisions of this Chapter and the Statutes of the Federal and State Governments and the ordinances, rules and the regulations which have been or may be enacted by this City, the County or other Counties, Cities, towns or villages which may be affected by the solid waste disposal operations of this City.

Section 230.039 Contract — Required.

[Ord. No. 1226 §I, 6-18-2001]
Until such time when the City deems it necessary and feasible to organize and operate its own solid waste disposal department, the City shall provide these services to the extent prescribed in this Chapter by entering into contract with a person well qualified and experienced in solid waste disposal operations and, in the opinion of the Board of Aldermen, in the best interest of the City.

Section 230.040 Contract — Form — Contents.

[Ord. No. 1226 §I, 6-18-2001]
All contracts for solid waste disposal services in behalf of the City shall be executed on a standard form prescribed by the Board of Aldermen and in the manner and in accordance with the procedures prescribed in this Chapter. The contract shall specify directly or by reference to the pertinent provisions of this Chapter, the time period of the contract, the sum to be paid by the City to the contractor for his/her services, the method of payment, the respective duties and obligations of the contractor and the City during the term of the contract and the various penalties which the City may invoke against the contractor for non-compliance with the terms of the contract, the provisions of this Chapter and all the laws pertaining to solid waste disposal operations which are now in effect or may hereafter be enacted. In addition to the stipulations enumerated, all contracts shall contain such other provisions not inconsistent with this Chapter or shall, in the judgment of the officers of the City, best protect the interests of the City.

Section 230.041 Contract — Insurance — Bond.

[Ord. No. 1226 §I, 6-18-2001]
A. 
Insurance. The contractor shall obtain and keep in force at his/her expense during the life of the contract, the following types of insurance in some insurance company approved by the Board of Aldermen.
1. 
Workers' Compensation insurance as prescribed by the Statutes of the State; and
2. 
A policy of liability insurance on each vehicle used in solid waste disposal operations covered by the contract, indemnify both the contractor and the City against damage suits, in amounts to be periodically fixed by the Board of Aldermen but not less than five hundred thousand dollars ($500,000.00) and five hundred thousand dollars ($500,000.00) in case of personal injury or death and twenty-five thousand dollars ($25,000.00) in case of property damage.
B. 
Bond. The contractor shall post a cash deposit or performance bond in the sum equal to twenty percent (20%) of the value of the contract for each year. The contractor shall post a cash deposit for a maintenance bond in the amount of ten thousand dollars ($10,000.00) with the City Treasurer.

Section 230.042 Contract — Transferability.

[Ord. No. 1226 §I, 6-18-2001]
The contractor shall not assign or transfer his/her contract or subject any of the work embraced in it without the written permission of the Board of Aldermen.

Section 230.043 Contract — Execution of Contract — Performance Bond and Insurance Document.

[Ord. No. 1226 §I, 6-18-2001]
After the contract has been executed by the City, the contractor shall promptly execute the required performance bond and insurance documents.

Section 230.044 Violation — by Persons Served.

[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
The violation of any provision of this Chapter by householders shall be deemed an ordinance violation and each day of such violation shall constitute a separate offense.

Section 230.045 Violations — by Contractor.

[Ord. No. 1226 §I, 6-18-2001]
A. 
In the event the contractor fails on a collection day to empty a container which a householder or other person entitled to solid waste disposal service under contract with the City has placed at the designated collection point on his/her premises and which contains solid waste eligible for collection under the contract with the City, the contractor shall forfeit to the City, for each container whose contents have not been removed by the contractor, in the sum of three dollars ($3.00).
B. 
Whenever the contractor fails to comply with a provision of this Chapter or of his/her contract with the City, unless otherwise specified in the contract with the City, he/she shall pay the sum of seventy-five dollars ($75.00) as liquidated damages to the City for each and every day of such non-compliance and such forfeited amounts shall be deducted out of any sums of money that may be due or shall become due to the contractor under this agreement with the City.
C. 
If the contractor violates any of the provisions of the contract, the City, at its option, may cancel and rescind the contract with or without notice.

Section 230.050 Use of the Compost Area.

No person other than Bowling Green water customers may use the City's compost area. No material other than yard waste and vegetation which shall include leaves, grass clippings, limbs not in excess of six (6) inches in diameter and twenty (20) feet in length and garden waste shall be placed in the compost area. Hours and days of operation shall be set by the Director of Public Works and the times of operation shall be available from the City office for the current and following two (2) weeks. The Director of Public Works may close the compost area at any time. The City has the right to reject any waste at any time.