[Ord. No. 723 §1]
For the purposes of this Chapter the following terms shall be
deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large or too heavy to be loaded in solid waste collection vehicles
with safety and convenience by solid waste collectors, with the equipment
available therefor.
The City of Palmyra, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons especially designed for storage of
solid waste.
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 wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Including but not limited to: pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
A housing facility containing more than one (1) 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 any other improved
real property, either as owner or as a tenant.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material,
in particular the final disposition of solid waste by man.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Grass clippings, leaves, tree trimming.
[Ord. No. 723 §2; Ord. No.
807 §1; Ord. No. 1058-03-4 §1, 8-21-2003]
A.
The occupant
of every 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.
B.
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.
C.
Residential
solid waste shall be stored in containers of not more than thirty-five
(35) gallons nor less than twenty (20) gallons in nominal capacity.
Containers shall be leakproof, waterproof, and fitted with a tight
lid and shall be properly covered at all times. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for east emptying. The shall be of
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Galvanized metal containers, rubber or fiberglass containers, and
plastic containers which do not become brittle in cold weather, may
be used. Disposable solid waste containers with suitable frames or
containers as approved by the Council may also be used for storage
of residential solid waste.
D.
Commercial
solid waste shall be stored in solid waste containers which shall
be waterproof, leakproof and shall be covered at all times except
when depositing waste therein or removing the contents thereof. Said
containers shall be of a type originally manufactured for commercial
solid waste and shall be not more than six (6) yards nor less than
one and one-half (1½) yards in nominal capacity.
E.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F.
Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights of
way. The weight of any individual container and contents shall not
exceed seventy-five (75) pounds.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
H.
It shall
be the responsibility of the property owner of any multiple residential
housing unit having more than two (2) dwelling units under one (1)
roof to establish an area on the property for the location of solid
waste containers. All solid waste containers shall be placed in a
suitable place on the property and shall be easily accessible at all
times. If visible from a public street or public alley, solid waste
containers of a multiple residential housing unit having more than
two (2) dwelling units under one (1) roof shall be concealed from
view by gates or fences.
[Ord. No. 978-95-02 §2, 2-16-1995]
A.
Any accumulation
of solid waste on any property which presents a hazard to children,
or creates a fire hazard, or affords a breeding place or nesting place
for mosquitos, flies, rodents, rats, or other vermin, is a public
nuisance.
B.
It shall
be unlawful for any person to create or maintain a nuisance as defined
in this Section.
C.
Whenever the Chief of Police or his/her duly authorized representative determines that any accumulation of solid waste is a nuisance as defined herein, he/she shall cause written notice to be served upon the owner or occupant of the property upon which such accumulation of solid waste is located by certified mail or by personal service. The notice shall state that the accumulation of solid waste is deemed to be a nuisance within the provisions of Section 215.025 hereof, and shall briefly state facts deemed to constitute such accumulation of solid waste as a nuisance within the terms of this Section, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.
D.
When
the owner or occupant of the property upon which such nuisance is
located cannot be found by reasonable search, the notice shall be
attached to the property, briefly stating the facts deemed to constitute
the accumulation of solid waste a nuisance and stating that the nuisance
shall be abated within seven (7) days of the date the notice was posted.
E.
The owner
or occupant of the property upon which such nuisance is located shall
comply with the provisions of the notice requiring abatement. Failure
to comply with the provisions of the notice requiring abatement shall
be unlawful.
F.
If not
removed within the time specified in the notice, the accumulation
of solid waste may be disposed of by or at the direction of the Chief
of Police or his/her duly authorized representative at the expense
of the owner or occupant of the property upon which such accumulation
of solid waste is located.
G.
The Chief
of Police or his/her duly authorized representative may enter upon
private property for inspection or for the purpose of removing any
accumulation of solid waste in accordance with this Chapter.
H.
Any person
violating any of the provisions of this Section shall, upon conviction,
be punished by a fine of not less than five dollars ($5.00) nor more
than five hundred dollars ($500.00), and each day's violation thereof
shall be a separate offense for the purpose hereof.
[Ord. No. 723 §3; Ord. No. 807 §§2,3]
A.
The City
shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The City shall provide
for the collection 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 interest
of the City.
2.
Collection of commercial solid waste. The City shall provide
for the collection of all commercial 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.
3.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk as provided in Section 215.020 E. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
4.
Tree limbs and yard wastes, as described in Section 215.020 E,F respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
5.
Bulky
rubbish shall be collected by request to the contracting agent of
the City.
6.
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 Chapter. 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.
7.
The
following collection frequencies shall apply to collection of solid
waste within the City:
a.
All
residential solid waste shall be collected at least once weekly. At
least ninety-six (96) hours shall intervene between collections.
b.
All
commercial solid waste shall be collected at least once weekly and
may be collected twice weekly.
c.
For
elderly persons on a fixed income and very little solid waste, a bag
service may be offered by the City whereby bags may be purchased at
City Hall and the purchase price shall include free pickup of the
bag when placed at the curb on a scheduled pickup day.
8.
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.
9.
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 watertight
bodies and with covers which shall be an integral part of the vehicle
or 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.
10.
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.
[Ord. No. 723 §4]
A.
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.
B.
The City
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the City and which will meet all local, State and Federal regulations.
[Ord. No. 723 §5]
A.
No person
shall engage in the business of collecting, transporting, processing
or disposing of solid waste within the corporate limits of the City,
without first contracting with the City, provided, however, this provision
shall not be deemed to prevent any person or firm having a contract
with the City from operating with, by or through employees.
B.
In order
to insure compliance with the laws of this State, this Chapter and
the rules and regulations authorized herein, the City is authorized
to inspect all phases of solid waste management within the City of
Palmyra. No inspection shall be made in any residential unit unless
authorized by the occupant or by due process of law. In all instances
where such inspections reveal violation of this Chapter or the rules
and regulations authorized herein for the storage, collections, transportation,
processing or disposal of solid waste or of the laws of the State
of Missouri, the City shall issue notice for each such violation stating
therein the violation or violations found, the time and date and the
corrective measure to be taken, together with the time in which such
corrections shall be made.
C.
In all
cases, when the corrective measures have not been taken within the
time specified, the City shall suspend or revoke the contract involved
in the violation, however, in those cases where an extension of time
will permit correction and there is no public health hazard created
by the delay, one (1) extension of time not to exceed the original
time period may be given.
[Ord. No. 723 §6; Ord. No.
1125-09-08 §1, 11-5-2009]
A.
It shall
be unlawful for any person to:
1.
Deposit
solid waste in any solid waste container other than his 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;
2.
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;
3.
Dispose
of solid waste at any facility or location which is not approved by
the City and the Missouri Division of Health;
4.
Engage
in the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without a contract
with the City.
5.
Leave
any yard waste material at the Palmyra Street Department transfer
station unless such material originated from property located within
the City limits of the City of Palmyra, Missouri.
[Ord. No. 807 §4]
A.
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
Chapter. The service charge for collection of residential solid waste
shall be in the amount specified in the contract with the solid waste
collector.
B.
The service
and service charge shall be terminated upon presentation of satisfactory
proof that any such dwelling unit or establishment is unoccupied,
and shall be commenced upon renewed occupancy thereof.
C.
The service
charge herein provided is hereby imposed upon the occupant of each
dwelling unit receiving such service under the provisions of this
Chapter 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 water 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
Palmyra Board of Public Works. The service charge for each commercial
establishment shall be in the amount specified in a contract between
the City and the solid waste collector, provided, however, that in
the event there is no contract between the City and a solid waste
collector for the collection of commercial solid waste, the service
charge for each commercial establishment shall be negotiated between
each commercial establishment and a solid waste collector authorized
to engage in the business of collecting solid waste within the corporate
limits of the City.
[Ord. No. 723 §8]
Any person violating any of the provisions of this Chapter or
any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00); provided, that
each day's violation thereof shall be a separate offense for the purpose
hereof.
[Ord. No. 723 §9]
A.
The contractor
shall furnish to the City and maintain during the term of the contract
a performance bond acceptable to the City in a penal sum of ten thousand
dollars ($10,000.00) with good and sufficient surety acceptable to
the City and conditioned upon the contractor performing his duties
and obligations provided for in the contract.
B.
The contractor
shall provide for each vehicle used in the work covered by this agreement
liability insurance in companies and in form satisfactory to the City
in the sum of not less than one hundred thousand dollars ($100,000.00)
for any one (1) person and the sum of three hundred thousand dollars
($300,000.00) for any two or more persons who may be injured in any
one accident and the sum of one hundred thousand dollars ($100,000.00)
for any property damage at any time by reason of the carelessness
or legally recognizable negligence of the driver or operator of each
such vehicle used in the work covered by this contract.
C.
The contractor
shall indemnify and hold harmless the City from any liability, claim,
damage or cause of action which may be sustained or asserted against
said City as a result either directly or indirectly or in any manner,
of the performance or failure of performance on the part of the contractor.
[Ord. No. 840 §§1 —
5; Ord. No. 993-96-05 §1, 4-18-1996]
A.
Except as provided in Subsection B, it shall be unlawful for any person, firm, or corporation to cause, or permit to be caused, the burning of any solid waste on any street, alley, vacant lot, or on any premises adjacent to or outside of buildings, located within the city limits of Palmyra.
B.
Except
in Blocks Thirteen (13), Twenty (20), Twenty-eight (28), Twenty-nine
(29), Thirty-six (36), Thirty-seven (37), Forty-three (43), and Sixty-seven
(67) of the City of Palmyra, it shall be lawful to cause, or permit
to be caused, the burning of paper products, wood products or leaves
between the hours of 8:00 A.M. to 5:00 P.M., provided that such burning
is attended at all times by one (1) or more persons.
C.
SOLID
WASTE — As used in this Section, shall mean unwanted or discarded
waste materials in a solid or semi-solid state, including but not
limited to garbage, ashes, paper products, wood products, leaves,
ashes, street refuse, rubbish, dead animals, animal or vegetable wastes,
agricultural wastes, yard wastes, discarded appliances, special wastes,
industrial wastes, and demolition and construction wastes.
D.
Nothing
in this Section shall be construed to make it unlawful in the burning
of materials in connection with the handling, preparation, cooking,
preserving, serving or consumption of food.
E.
Any person,
firm or corporation violating this Section shall be punished by a
fine of not less than five dollars ($5.00) nor more than one hundred
fifty dollars ($150.00).
