City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 390, passed 3-28-1983; Ord. No. 454, passed 11-26-1990; Ord. No. 512, passed 8-14-1995]
As used in this chapter:
BRUSH
Means twigs, brush, branches and tree trunks not greater than eight inches in diameter.
CITY CONTRACTOR
A person or company with whom the City has entered into a contract for the collection, transportation, and disposal of refuse from residential premises within the City.
[Added 7-24-2017 by Ord. No. 805]
COMMERCIAL GARBAGE SERVICE
Means service provided to premises requiring one yard to 10 yard front-load or rear-load container service.
GARBAGE
Means all manner of the same, including, but not limited to, rejected food waste and accumulation of animal, fruit or vegetable matter used or intended for food, or that attends the preparation or results from the preparation of cooking, handling, dealing in or with or storing meat, fish, fowl, fruit or vegetables.
INDUSTRIAL WASTE
Means accumulated on industrial or manufacturing premises arising from industrial, manufacturing or chemical processing and includes, but is not limited to, metal scrap and solid or liquid chemical waste.
RECYCLABLE MATERIALS
Means refuse materials designated by the City Manager to be part of the City's recycling program and which are intended for transportation, processing and remanufacturing or reuse. Such items include, but are not limited to, the following: various grades of paper and cardboard, plastic bottles and jugs, glass, tin and aluminum containers and yard waste. Selection of the materials to be recycled will be at the discretion of the City Manager.
REFUSE
Means all manner of the same, including, but not limited to, ashes, rags, discarded clothing, discarded furniture, discarded appliances, tin cans, tinware, bottles, broken glass, waste paper, motor vehicles or automobiles or trucks which are unlicensed and which are in inoperable condition, or motor vehicles which, although licensed, are abandoned, or motor vehicles which, although licensed, are dismantled, partly dismantled and/or in an inoperable condition and which remain in a dismantled, partly dismantled and/or in an inoperable condition for 90 days or more. The words "refuse," "trash," "rubbish" and "debris" shall be considered synonymous terms for the purposes of this chapter.
RESIDENTIAL REFUSE
Refuse generated from normal household use, but does not include commercial refuse, construction waste, hazardous waste, or industrial waste.
[Added 7-24-2017 by Ord. No. 805]
RESIDENTIAL REFUSE SERVICE and RESIDENTIAL GARBAGE SERVICE
Residential refuse removal service and residential garbage refuse removal provided to premises having one- and two-family residences, or multiple-family dwellings of less than six units.
[Amended 7-24-2017 by Ord. No. 805]
SOLID INDUSTRIAL WASTE SERVICE
Means service provided to premises requiring a roll-off container service of greater than 10 yards.
YARD WASTE
Means leaves, grass clippings, weeds, hedge clippings, garden waste, twigs and brush no longer than two feet in length and 1/2 inch in diameter, and other organic material subject to natural composting as approved by the City Manager.
[Ord. No. 421, passed 12-22-1986; Ord. No. 431, passed 2-8-1988; Ord. No. 512, passed 8-14-1995; Ord. No. 725, passed 12-8-2008]
(a) 
It shall be unlawful for any person to keep on or about premises owned or occupied by him or her any garbage, unless the same shall be kept in a watertight receptacle, which shall be kept tightly covered so as to prevent the access of insects or animals. The contents of such receptacles shall be removed from the premises and properly disposed of at least once every seven days. However, if the owner of a premises occupied by a tenant or tenants shall furnish or cause to be furnished garbage pickup once every seven days for such tenant or tenants, such owner may not be prosecuted for violations of this section on such tenant-occupied premises during the period in which such garbage pickup was furnished.
[Amended 7-24-2017 by Ord. No. 805]
(b) 
It shall be unlawful for any person knowingly to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, throwing or leaving of garbage or refuse on any private property within the City.
(c) 
No person shall burn any garbage or refuse except in a gas-fired incinerator designed for such purposes.
(d) 
No person shall burn any substance which shall, due to the nature of the substance or manner of burning, create or constitute a nuisance.
(e) 
Trash receptacles and recycling containers shall not be placed at the curb earlier than 24 hours prior to scheduled pickup and must be removed from the curb within 24 hours after pickup.
(f) 
The City shall provide for residential refuse service and residential garbage services, and recycling services either directly by the City or through a City contractor to premises having one- and two-family residences, and multiple-family dwellings of fewer than six units
[Added 7-24-2017 by Ord. No. 805]
[Ord. No. 421, passed 12-22-1986]
It shall be unlawful for the owner of premises and the occupant thereof to permit or suffer the accumulation of industrial waste on any premises in the City. Industrial waste shall be stored in receptacles and disposed of properly. Items of solid industrial waste too large to be stored in such receptacles shall be neatly stacked and disposed of properly at least once every three months. It shall be unlawful for any person knowingly, without the consent of the owner of private property, to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of industrial waste on private land in the City. Liquid industrial waste shall be disposed of in accordance with applicable State and Federal regulations.
[Ord. No. 421, passed 12-22-1986]
There shall be excepted from the definition of "refuse" motor vehicles, automobiles and trucks which are located on the premises of commercial garages, commercial automobile shops, auto service stations and automotive dealers while the same are being repaired or stored, so long as such motor vehicles, automobiles and trucks are stored and maintained in an orderly manner.
[Ord. No. 431, passed 2-8-1988]
No person shall throw or deposit any garbage or refuse on any of the public streets, sidewalks, lanes, alleys, parks, cemeteries or other public grounds in the City at any time, including, but not limited to, the deposit of household garbage or refuse in garbage, trash or refuse containers located on any public street, sidewalk, lane, alley, park, cemetery or other public grounds.
The Police Department is hereby charged with enforcing this chapter.
[Ord. No. 421, passed 12-22-1996; amended 10-12-2015 by Ord. No. 790]
(a) 
The storing, keeping or accumulating of garbage, refuse or industrial waste, in violation of the terms of this chapter, is hereby declared to be a nuisance. The Police Department is authorized to issue notices of violation and to require abatement thereof within a period of not more than 10 days, or less than 10 days if public health is endangered, from the date of said notice. Said notice shall further state that failure to comply with the terms of the notice within the specified period shall subject such person, firm or corporation to prosecution for a misdemeanor as provided herein and shall further make said lot or premises liable for necessary expenses incurred by the City in abating said nuisance.
(b) 
Council, upon petition filed, may for good cause extend said ten-day period. Notice shall be given to the owner and occupant of premises on which nuisance occurs, and in the event that the notice relates to motor vehicles, automobiles or trucks which are refuse as herein defined, said notice shall be given also to the registered owner thereof. Notices pursuant to this chapter shall be in writing, shall include a statement of the violation or violations and why the notice is being issued, and shall include a correction order. The storing or keeping of raw garbage and junk in the City right-of-way shall require abatement thereof within a period of twenty-four (24) hours and notice thereof shall be served by posting said notice on the property, and on each unit of a multiple unit building. Failure of any person to receive notice shall not prevent the City from abating the nuisance.
[Ord. No. 421, passed 12-22-1986]
In the event that any person, firm or corporation, by any act of commission or omission, creates a nuisance, as set forth in Section 1060.07, and does not discontinue the same within the time stated in the notice to abate the nuisance, the City Manager shall be authorized to order the necessary work to be done to abate the nuisance, and any expense incurred by the City in abatement of the nuisance shall be charged against the lot or premises upon which the nuisance was maintained and from which it was removed, and shall become a lien against such lot or premises, and may be collected in the same manner as is the lien created by City taxes assessed against such lot or premises, and shall be assessed on the next assessment roll following the incurring of such expense. The amount of expense shall be certified by the City Manager to the Tax Department of the City for assessment and collection.
[Ord. No. 450, passed 5-29-1990; Ord. No. 700, passed 1-23-2006]
(a) 
Purpose. In order to reduce the amount of solid waste materials disposed of in landfills, protect our environment, conserve our natural resources, save energy and contain the financial burden of solid waste disposal, the City Manager is hereby authorized and directed to establish a City-wide recycling program and to establish rules and regulations for the implementation of the program.
(b) 
Separation of recyclable materials. All persons in residential structures who are owners, lessees or occupants thereof shall separate recyclable materials in accordance with regulations established by the City Manager as to types of materials to be separated, preparation of materials for collection and the method, time and location of collection.
(c) 
Designation of recyclable items. The City Manager shall prepare a list of refuse items designated to be part of a recycling program. Such items must be ones which are generally accepted by the recycling industry for remanufacture and reuse, which can be cleaned, prepared and stored in a manner to protect the public health, welfare, safety or the environment, and which can be collected and recycled without threatening the economic viability of a recycling program. Copies of this list shall be on file with the City Clerk after two weeks' published notice in the official newspaper. The City Manager may modify the items on this list as circumstances warrant by following the procedure specified for the original designation.
(d) 
Implementation. All recyclable materials intended and set out at designated collection points for the recycling program shall be cleaned, prepared and stored in accordance with City specifications. Failure to do so shall constitute a public nuisance where such failure causes a threat to the public health, welfare or safety or the environment or results in an unorderly and unsightly collection of refuse visible to the public.
(e) 
Ownership. Ownership of recyclable materials remains with the person or household from which the materials originated until collected by the designated collection program. Upon removal by the City or its designated agents or contractors from a designated collection point, ownership of properly prepared and stored recyclable materials intended for a City-authorized collection program shall be vested in the City. Materials not prepared, cleaned or stored according to City specifications shall remain the responsibility and property of the individuals or household from which the materials originated. Nothing in this chapter shall abridge the right of any individual or household to give or sell their recyclable materials to any recyclable materials program.
(f) 
Unauthorized collection. No person, other than one expressly authorized by Council, shall take or collect recyclable material set out for the authorized collection program within the City.
[Ord. No. 500, passed 12-12-1994]
The Building Commissioner and his or her designated representative, and/or the City Engineer and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 512, passed 8-14-1995]
(a) 
In order to comply with State law, no yard waste shall be placed in any container provided for garbage pick-up.
(b) 
No person shall place or deposit or cause to be placed or deposited, upon public or private property, any yard waste, except as provided by this section. This section shall not apply to grass clippings which are directly deposited back on the grass area from which they are generated or to yard waste which is part of a properly maintained compost pile or program.
(c) 
The City Manager is hereby authorized to establish a City-wide residential yard waste pick-up program and to establish rules and regulations for the implementation of the program.
(d) 
The rules and regulations for the collection of yard waste shall establish the dates for pick-up. No person shall set out for pick-up or cause to be set out for pick-up any yard waste prior to 5:00 p.m. on the date immediately prior to the established pick-up date. Any yard waste set out subsequent to pick-up shall be removed from the curb lawn area within 48 hours by the owner, agent or occupant of the premises in front of or adjacent to which the yard waste is located. Failure to remove improperly placed yard waste will result in the issuing of a Municipal civil infraction violation notice.
(e) 
The rules and regulations for the collection of yard waste will provide for the pick-up of loose leaves.
(f) 
The yard waste pick-up program is not meant to circumvent the free-enterprise system of commercial lawn care companies. The City will not pick up yard waste generated by a commercial lawn care company.
[Ord. No. 512, passed 8-14-1995]
(a) 
No person shall place or deposit or cause to be placed or deposited, upon public or private property, brush, except as provided by this section.
(b) 
The City Manager is hereby authorized to establish a City-wide residential brush pick-up program, which shall include provisions for the collection of brush resulting from storm damage, and to establish rules and regulations for the implementation of the program.
(c) 
The rules and regulations for the collection of brush shall establish the dates for pick-up. No person shall set out for pick-up, or cause to be set out for pick-up, any brush prior to 5:00 p.m. on the Friday immediately prior to the established pick-up date. Any brush set out subsequent to pick-up shall be removed from the curb lawn area within 48 hours by the owner, agent or occupant of the premises in front of or adjacent to which the brush is located. Failure to remove improperly placed brush will result in the issuing of a Municipal civil infraction violation notice.
(d) 
The brush program is not meant to circumvent the free-enterprise system of commercial tree and brush removal. The City will not pick up material that is left as a result of a tree or lot being commercially cleared, removed or pruned.
[Added 7-24-2017 by Ord. No. 805]
The City Council may, either by advertising for bids or otherwise, enter into an exclusive contract or extend the term of a contract with a City contractor who shall be licensed, with such person or entity as the City Council may deem best able to collect and dispose of residential refuse and/or garbage and/or recyclable materials in accordance with the best interests of the City and its residents. The City contractor shall be the only person or entity allowed to provide the contracted services to residential premises having one- and two-family residences, or multiple-family dwellings of fewer than six units within the City. The contract document shall contain provisions that the City contractor shall provide the contracted services to all covered residential premises in the City in full compliance with this chapter and applicable local, state, and federal laws, rules, and regulations.
[Added 7-24-2017 by Ord. No. 805]
(a) 
The City Council shall set the rates that may be charged for residential refuse service and residential garbage service and recycling services to premises having one- and two-family residences. or multiple-family dwellings. The rates to be charged shall be proportionate to the necessary costs of the services.
(b) 
Upon adoption, the approved rates shall be published in order to provide notice to the public of the rates approved.
(c) 
Rates and collections shall be as set forth in Chapter 1044, Rules, Regulations and Rates for Public Utilities.
[Ord. No. 500, passed 12-12-1994]
(a) 
A person who violates any provision of this chapter, except Sections 1060.03 and 1060.09(f), is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction, including any costs of clean-up. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $100, plus costs and other sanctions, for each infraction, including any costs of clean-up. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $250, plus costs and other sanctions, for each infraction, including any costs of clean-up.
(b) 
Any person who violates Section 1060.03 shall be subject to payment of a civil fine of not less than $500, plus costs and other sanctions, for each infraction, including any costs of clean-up. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $1,000, plus costs and other sanctions, for each infraction, including any costs of clean-up. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $2,500, plus costs and other sanctions, for each infraction, including any costs of clean-up.
(c) 
Any person who violates Section 1060.09(f) shall be subject to the general Code penalty provided in Section 202.99 of the Administration Code.