Cross Reference — Dumping prohibited, §215.337.
[Ord. No. 2676 § 2, 6-5-2017[1]]
This Chapter shall be known as the "Garbage, Rubbish and Trash
Code of the City of Higginsville, Missouri."
[Ord. No. 2676 § 3, 6-5-2017]
It is the purpose of this Chapter to regulate, control and prohibit,
as hereinafter applicable, the collection, transportation, disposal,
burning and storage of, and other related matters pertaining to residential
garbage, trash and rubbish within this City, and to further make mandatory
collection system on the residents within the City and to provide
for the payment of fees for the collection system.
[Ord. No. 2676 § 4, 6-5-2017]
When used in this Chapter the following words, terms and phrases
shall have the following meanings:
- AUTHORIZED RESIDENTIAL COLLECTOR
- The person with whom the City has contracted for the collection, transportation and disposal of garbage, trash and rubbish, from residential premises within the City.
- BUSINESS USER
- Every hospital, hotel, motel, drugstore, grocery store, meat market, tavern, restaurant, lunch counter, drive-in, private club, church, school, retail shop, factory, office, industrial or manufacturing concern, and any other commercial enterprise within the City.
- CITY
- The City of Higginsville, Missouri, a municipal corporation which, territorially, shall include all territory within the corporate limits of the City as such limits now exist or may from time to time be extended or retracted.
- CONTAINER
- Water-tight, galvanized metal or durable plastic containers equipped with a handle or handles to facilitate simple handling and a tight fitting lid of a capacity of thirty-nine (39) gallons or less, which when containing garbage, trash or both, shall not weigh in excess of seventy (70) pounds. Larger containers provided by the Authorized Residential Collector may be used to serve multiple family residential users.
- GARBAGE
- All refuse and waste of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, cooking and use of meat, fish, fowl, fruit or vegetables, and the trimmings therefrom, within the City.
- HEALTH OFFICER
- The appointed Public Health Officer, his/her agents, or other person(s) as designated by the Board of Aldermen.
- RESIDENTIAL USER
- Any person, or family unit, living in a home, apartment, duplex, mobile home or other form of private dwelling within the City, using the service of the Authorized Residential Collector to remove garbage, trash or other, from the premises occupied by the user.
- RUBBISH
- All items not used in household consumption consisting of, but not necessarily limited to the following: stoves, hot water heaters, and other items as permitted by State Statutes.
- TRASH
- Paper, food and drink containers, bottles, glass, cans, crockery, packaging containers and the burned residue thereof. Construction waste materials, such as dirt, rocks, and sheetrock are not included under this definition and are not permitted.
- UTILITY BILL
- A billing by the City to any person for any or all of the following:
[Ord. No. 2676 § 5, 6-5-2017]
Heartland Waste is hereby named as the Authorized Residential
Collector for the City of Higginsville for a five-year period beginning
September 1, 2017, and terminating on August 31, 2022. Irrespective
of anything herein to the contrary, Heartland Waste's exclusive
right under this Chapter to be the City's Authorized Residential
Collector for residential customers may be terminated at any time
hereafter by either party giving the other party six (6) months notice
of intention to terminate the same. The notice to terminate shall
be by registered or certified mail to the address of the non-terminating
party. The termination of Heartland Waste's exclusive residential
rights under this Chapter shall be effective six (6) months from the
receipt of notice to terminate. Failure of Heartland Waste or any
of its officers, employees or agents to perform, keep and observe
any of the terms, covenants and agreements contained in this Chapter,
any other City ordinance, or any State or Federal law or regulation
shall be determined to be a breach of the rights granted to Heartland
Waste under this Chapter. Any failure by Heartland Waste to cure any
default of any of the terms, covenants and agreements contained in
this Chapter, any other City ordinance, or any state or Federal law
or regulation after thirty (30) days written notice to cure any default
shall subject Heartland Waste's right to be exclusive Authorized
Residential Collector under the terms of this Chapter to immediate
termination of such right notwithstanding any other terms of this
Chapter to the contrary.
[Ord. No. 2676 § 6, 6-5-2017]
Trash collection for business users may be obtained from any
trash collection provider.
[Ord. No. 2676 § 7, 6-5-2017]
The Authorized Residential Collector shall have the sole and
exclusive right to collect, transport and dispose of garbage, trash
and rubbish from all residential users within the City; provided,
however, that nothing in this Chapter shall be construed to prohibit
the removal by any person of his/her own garbage, trash and rubbish
and disposal thereof at any authorized disposal area. However, the
residential user will still be responsible for the monthly fee.
[Ord. No. 2676 § 8, 6-5-2017]
On September first (1st) of each year during the term of the
franchise, the Authorized Residential Collector shall pay the collector
of the City a franchise fee for the exclusive right and privilege
of removing all of the residential garbage, trash and rubbish from
all residential premises within the City in the amount of one thousand
dollars ($1,000.00).
[Ord. No. 2676 § 9, 6-5-2017]
The Authorized Residential Collector shall obtain and maintain
during the term of the franchise, or any extension thereof, general
liability insurance with a combined single limit of not less than
one million dollars ($1,000,000.00) per occurrence as well as proof
of worker's compensation coverage. In those cases when a general
liability policy has an annual aggregate limit, the aggregate limit
should not be less than three (3) times the per occurrence limit,
or three million dollars ($3,000,000.00). The City must be named as
an additional insured as respects the general liability insurance
and worker's compensation policy. The Insurance Carrier shall
file with the City Clerk a certificate and a copy of the policy endorsement
showing the aforementioned insurance coverages, which shall provide
that the insurance of the Authorized Residential Collector shall not
be cancelled by the Insurance Carrier without thirty (30) days previous
notice, in writing, to the City. The Authorized Residential Collector
shall indemnify and hold harmless the City from any and all actions,
causes of action, damages, claims, demands, suits or such judgments
resulting from the actions of the Authorized Residential Collector,
or the agents, servants and employees thereof, in the performance
of the obligations and duties of the Authorized Residential Collector
under the terms of the franchise.
[Ord. No. 2676 § 10, 6-5-2017]
A.
Residential users shall be charged the following for weekly pickup
of garbage, trash, and rubbish: eight dollars and seventy-five cents
($8.75) per month. Residential users shall notify the Authorized Residential
Collector whenever large items of rubbish such as, but not necessarily
limited to, stoves, hot water heaters, couches, divans, etc., are
to be picked up. This rate of charge shall not be changed during the
terms of this franchise without the consent of the Board of Aldermen
of the City of Higginsville, Missouri. Reasonable price increases
due to outside forces would not be greater than four percent (4%)
per year.
B.
The City Clerk of the City shall include on every residential utility
bill eight dollars and seventy-five cents ($8.75) per month for garbage,
trash, and rubbish collection charge.
C.
The City Clerk shall make known to the City Administrator any residential
user who fails to pay any portion of the entire utility bill in order
that the City Administrator shall direct that all utility service
be discontinued at such residence.
D.
The City shall retain five percent (5%) of all trash collection fees
billed each month for this trash collection billing. The balance of
all trash collection fees collected less the retainage above shall
be paid to the authorized collector by the 15th day of the following
month.
E.
For the purpose of this Code, a month shall be from the 20th day
of one month to the 20th day of the following month.
F.
The City, through its agents, employees and officers, shall not be
authorized to make any adjustments for any reasons of the monthly
mandatory billing of the residential user, with the exception of the
City Clerk, who shall bill the occupant of a residential dwelling,
on a pro-rata basis in the event the dwelling is unoccupied and vacant
at any time during the month. The City Clerk shall be authorized to
make adjustments in the billing to properly pro-rate the charges based
on a residential dwelling being vacant and unoccupied.
[Ord. No. 2676 § 11, 6-5-2017]
All garbage, trash and refuse collected by the Authorized Residential
Collector or accepted for disposal shall be disposed of in a landfill
authorized and approved by the State of Missouri. The Authorized Residential
Collector shall dispose of all garbage, trash and refuse only in a
manner consistent with applicable Federal and State law and pursuant
to any regulations as promulgated by the Board of Health.
[Ord. No. 2676 § 12, 6-5-2017]
A.
The Authorized Residential Collector shall make one (1) collection
each week for residential users, on the same day of each week, with
exceptions of legal holidays. Collection for residential users shall
be curbside only, with the exception of alleys that are reasonably
accessible to both the Authorized Residential Collector and the residential
user.
B.
The Authorized Residential Collector shall make any additional collections
requested by residential users and be entitled to make an additional
charge therefore to be negotiated with the residential user requesting
such service, which shall be collected by the Authorized Residential
Collector.
C.
The Authorized Residential Collector shall not be required to make
collections on Sundays or legal holidays for any user.
[Ord. No. 2676 § 13, 6-5-2017]
Every container shall be kept tightly closed between collections
or removal of its contents. Each residential user shall provide their
own container, with the provision that the Authorized Residential
Collector may contract with property owners to provide containers.
No person shall place any garbage, trash or rubbish in a container
other than his/her own. No person shall permit the garbage, trash
or both, of another person to be placed in his/her container. Each
residential user shall place their container at ground level on the
street curb line of their premises, or as close thereto as practical,
with the exception of those with alleys where alley pickup is acceptable
as determined by the Authorized Residential Collector.
[Ord. No. 2676 § 14, 6-5-2017]
In the removal and transportation of garbage, trash or both,
the Authorized Residential Collector shall use only vehicles with
sanitary, leak-proof and enclosed beds. While operated, the openings
in the bed of the vehicle shall be kept closed except when garbage,
trash or both, is being deposited in the bed of the vehicle. The inside
of the bed of each vehicle shall be washed and cleaned as frequently
as needed to maintain a sanitary condition. The outer surface of the
vehicle shall be washed and painted as often as may be necessary to
preserve an acceptable appearance to the City.
[Ord. No. 2676 § 15, 6-5-2017]
No person, other than the Authorized Residential Collector,
shall either collect, remove, transport or dispose of the garbage
or trash of any residential user from any premises within the City.
No residential user shall have or allow his/her garbage or trash to
be either collected, removed, transported or disposed of by any other
person, other than the Authorized Residential Collector, provided,
however, a person may collect, remove, transport and dispose of his/her
own garbage, trash or rubbish at the disposal area of the Authorized
Residential Collector. However, the residential user will still be
responsible for the monthly fee.
[Ord. No. 2676 § 16, 6-5-2017]
A.
No person shall store or place any garbage, or trash, other than
paper, on any property owned, occupied or controlled by him/her unless
such materials are stored in a tightly enclosed container. The user
of the container shall cause the contents thereof to be emptied and
removed from the premises at least once each week.
B.
A person shall not allow garbage or trash to exist or accumulate
on any property owned or occupied by him/her; provided that this provision
shall not apply to tenants of the owner storing garbage and trash
only in a tightly enclosed container on the premises.
C.
A person shall not place, permit to be placed or allow to exist or
accumulate outside of any building on premises owned, occupied or
controlled by him/her, any paper unless it is confined in a manner
to prevent its scattering by animals or the elements.
D.
A person shall not burn any trash in this City, on property owned,
occupied or controlled by him/her in accordance with all applicable
ordinances of the City.
E.
A person shall not permit any other person to burn garbage or trash
on property owned, occupied or controlled by him/her.
F.
A person shall not place any garbage, trash or rubbish on any public
property within the City or on any private property within the City
not owned, occupied or controlled by such person.
[Ord. No. 2676 § 17, 6-5-2017]
Any person, firm, partnership, association, corporation or entity
violating any of the provisions of this Chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punished by
a fine of not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00), or by imprisonment in jail for not
longer than ninety (90) days, or by both such fine and imprisonment.