Cross Reference — Dumping prohibited, §215.337.
Section 245.060 Garbage, Trash And Rubbish Exclusive Residential Franchise, Exceptions — Term Of Franchise, Extension Thereof.
[Ord. No. 2676 § 2, 6-5-2017]
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.
- 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.
- 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.
- 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.
- 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.
- 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.
[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.
Section 245.060 Garbage, Trash And Rubbish Exclusive Residential Franchise, Exceptions — Term Of Franchise, Extension Thereof.
[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]
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.
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.
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.
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.
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.
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]
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.
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.
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]
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.
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.
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.
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.
A person shall not permit any other person to burn garbage or trash on property owned, occupied or controlled by him/her.
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.