State Law Reference — Authority to provide for disposal of garbage, trash, §§71.680, 71.690, RSMo.
Article I In General
Article II Solid Waste Storage, Collection Transportation, Processing and Disposal
[R.O. 2014 §245.010; Ord. No. 3096 §2, 6-27-1927]
It shall be unlawful for any person to throw, drop, cast or deposit upon any street, alley, sidewalk, or any yard or premises, public or private, any filth of any kind, or cans, paper trash, paper containers, rubbish, bottles or any other form of litter or waste matter.
[R.O. 2012 §245.130; Ord. No. 6680 §1, 5-1-1978]
The owner or person in control of any private property shall at all times, maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection.
[R.O. 2012 §245.150; Ord. No. 6680 §1, 5-1-1978]
Notice To Remove. The Code Enforcement Officer is hereby authorized and empowered to notify the owner of any property within the City or the agent of such owner's property to remove all litter which is dangerous to public health, safety, or welfare due to the accumulation of such litter. Such notice shall be by first class mail, addressed to such owner, at his/her last known address, or by personal service or posted on the property.
[Ord. No. 16-12-04 § 2, 12-19-2016]
Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection (A) above, or within ten (10) days after the date of such notice in the event the same is returned to the City because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
[Ord. No. 16-12-04 § 2, 12-19-2016]
Charge Included In Tax Bill. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and such charge shall be due and payable by such owner at the time of payment of such tax bill.
Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in Subsections (A) and (B) above then, and in that event, the Inspector shall cause to be recorded in the office of the Finance Department, a sworn statement showing the cost and expense incurred for the work, the date the work and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to delinquent penalty of ten percent (10%) in the event the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[R.O. 2012 §245.160; Ord. No. 6379 §1, 2-4-1974; Ord. No. 09-5-2 §1, 6-1-2009]
For the purpose of this Article, the following terms shall be deemed to have the meaning indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- BULKY RUBBISH
- Non-putrescible solid waste consisting of combustible and/or noncombustible 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 collection vehicles by solid waste collectors, with the equipment available therefor.
- The City of Excelsior Springs, Missouri.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under Section 260.200, RSMo.
- CURBSIDE RECYCLING CONTAINER
- A container designated by the Director exclusively for the storage and collection of recyclable materials.
- The City Manager of the City of Excelsior Springs or his/her authorized representative.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- 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.
- Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving consumption of food.
- HAZARDOUS WASTES
- Any waste or combination of wastes, as determined by the 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.
- MULTIPLE HOUSING FACILITY
- A housing facility containing more than one dwelling unit under one (1) roof.
- 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 as a tenant.
- An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government or any other legal entity whatever which is recognized by law as the subject of rights and duties.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- RECYCLABLE MATERIALS
- Newspaper, corrugated cardboard boxes, plastic bottles, tin/steel cans and aluminum cans.
- Solid waste.
- 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 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 deposition of solid waste by man.
- SOLID WASTE DISPOSAL AREA
- Any area used for the disposal of solid waste from more than one (1) residential premises, or one (1) or more commercial, industrial, manufacturing, recreational, or governmental operations.
- SOLID WASTE MANAGEMENT SYSTEM
- The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- 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.
[R.O. 2012 §245.170; Ord. No. 6379 §2, 2-4-1974; Ord. No. 09-5-2 §2, 6-1-2009]
The City may provide the occupant of each dwelling unit, excluding multiple housing units with more than four (4) dwelling units, with an approved solid waste container for the storage of residential solid waste and a separate curbside recycling container for recyclable materials. The occupant of every other dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment and to maintain such solid waste containers at all times in good repair.
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.
Residential solid waste shall be stored in containers approved by the Director. Containers shall be properly covered at all times except when depositing waste therein or removing the contents thereof. Disposable solid waste containers as approved by the Director may also be used for storage of residential waste.
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 245.070.
Solid wastes shall be stored and maintained as to prevent the dispersal of wastes upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2012 §245.180; Ord. No. 6379 §3, 2-4-1974; Ord. No. 6618 §2, 4-4-1977; Ord. No. 09-5-2 §3, 6-1-2009; Ord. No. 10-09-09 §1, 9-20-2010]
The City shall provide for the collection of solid waste as follows:
Collection of residential solid waste. The City shall provide for the collection or disposal of all 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.
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 and proper disposal of all solid waste produced upon any such premises. The failure of any person to provide for proper collection and disposal shall be cause for action by the City under the terms of this Article.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish, yard waste and hazardous waste as defined herein; provided however, that bulky rubbish and yard waste may be disposed at specified collection points to be fixed by regulations to be made and promulgated by the Director as hereinafter provided. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
Solid waste containers as required by this Article for the storage of residential solid waste shall be placed within one (1) foot of the curb or alley, clear of any trees, poles, vehicles or other obstructions, and facing in the direction indicated on the container for collection, with the exception of any specific deviations for hardship reasons as may be approved by the Director. Any solid waste containers and curbside recycling containers permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day and shall be removed before the end of the scheduled collection day.
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 Article. 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.
The following collection frequencies shall apply to all collection of solid waste within the City: All residential solid waste, other than recyclable materials, bulky rubbish, yard waste and hazardous waste, shall be collected at least once weekly. Recyclable materials shall be collected at least once every other week. At least forty-eight (48) hours shall intervene between collections. All commercial solid waste collected by the City shall be collected once weekly, and shall be collected at such lesser intervals as may be fixed by the Director upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
Residential solid waste containers shall be stored upon the residential premises. 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 purposes. The storage site shall be well-drained, fully accessible to collection equipment, public health personnel and fire inspection personnel.
All collection 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 collection of solid waste shall be constructed with water-tight 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 alternate, the entire bodies thereof shall be enclosed with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
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.
[R.O. 2012 §245.190; Ord. No. 6379 §4, 2-4-1974]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health.
The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.
[R.O. 2012 §245.210; Ord. No. 6379 §6, 2-4-1974; Ord. No. 09-5-2 §4, 6-1-2009]
The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection of solid waste.
Collection points of solid waste containers.
Collection and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
Collecting and handling of curbside recycling containers and recyclable materials.
The City Collector or such other City Official who is responsible for preparing utility and 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.
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.
[R.O. 2012 §245.220; Ord. No. 6379 §7, 2-4-1974; Ord. No. 09-5-2 §5, 6-1-2009]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container and/or, with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal;
Interfere in any manner with solid waste collection 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;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
Deposit bulky rubbish, yard waste or hazardous waste in a residential solid waste container.
Deposit any material other than recyclable materials in a curbside recycling container.
Violate any other provision of this Article or any rules or regulations promulgated pursuant thereto.
[R.O. 2012 §245.230; Ord. No. 6379 §8, 2-4-1974; Ord. No. 86-8-2 §I, 8-4-1986; Ord. No. 95-10-7 §3, 10-2-1995; Ord. No. 96-5-6, 5-20-1996; Ord. No. 96-10-1 §V, 10-3-1996; Ord. No. 05-9-4, 9-6-2005; Ord. No. 07-6-3, 6-4-2007; Ord. No. 09-5-2 §6, 6-1-2009; Ord. No. 10-09-09 §2, 9-20-2010; Ord. No. 13-08-11 §1, 8-19-2013; Ord. No. 14-07-02 §1, 7-7-2014; Ord. No. 14-07-05 §13, 7-21-2014]
There is hereby imposed, for the collection and disposal of solid waste, a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this Article. The service charge for residential refuse services shall be according to the Schedule of Fees, Title I, Appendix A for the first container. Residents may request additional containers if needed for additional charges according to the Schedule of Fees, Title I, Appendix A. The service charge for each commercial establishment will be determined by the Director on the basis of quantity and characteristics of material, point of pickup, and time required to collect the solid waste if service is performed by the City.
The service charge shall be terminated upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
The system of services established by the provisions of this Article is designed as an integral part of the City's program of health and sanitation, to be operated as an adjunct to the City's system for providing potable water and the City's system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupancy of any premises which has received such services, to recover and sums due for such services plus a reasonable attorney's fee to be fixed by the court.
The service charge herein provided for is hereby imposed upon the occupant of each dwelling unit receiving such service under the provisions of this Article and billing therefor shall be made to the person contracting for the City water and/or sewerage service or for other water service or otherwise providing waste service to each such dwelling unit. In the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefor shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.
A ten percent (10%) delinquent penalty may be charged on all accounts not paid within the prescribed payment period.
[R.O. 2012 §245.250; Ord. No. 6379 §10, 2-4-1974]
Bond requirements (performance and/or payment) may be required as set forth in contractual arrangements with private collectors.