City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2803-11, adopted October 18, 2011, repealed ch. 245 and enacted new provisions set out herein. Former ch. 245 derived from ord. no. 532 §§1 — 9, 10-1-1973; ord. no. 2253-04 §1, 3-16-2004.
[Ord. No. 2803-11, 10-18-2011]
A. 
For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below:
APPLIANCE
Machines common to household use and includes ranges, ovens, cooktops, refrigerators, dishwashers, clothes washers and dryers, microwave ovens, water heaters, furnaces, air conditioners, dehumidifiers, television sets, lawn mowers, stereo systems, vacuum cleaners, video cassette recorders, radios and any other devices used in the home that contain a gasoline engine, electric motor or require electricity to properly operate.
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
BULKY RUBBISH
Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishment 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.
CEREAL BOXES
The outer box usually containing breakfast cereal, but also the same box material used to package other dry foods, provided it has not been impregnated with wax or plastic.
CITY
The City of Smithville, Missouri.
COLLECTION
Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
COMMERCIAL SOLID WASTE
Solid waste resulting from the operation of any commercial, industrial, agricultural, retail or service business located upon any premises, including premises used in whole or in part as a residential dwelling.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty (20) or 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.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, servicing or consumption of food.
GLASS
Any of the large class of materials with highly visible mechanical and optical properties that solidify from molten state without crystallization, that are typically based on silicon dioxide, boric oxide, aluminum oxide or phosphorus pentoside, that are generally transparent or translucent which are formed into containers in which food, beverages, liquids, powders and other materials are stored or preserved. Any object generally considered glass by the general population is included in this definition.
HAZARDOUS WASTES
Including, but not limited to: pathological wastes, explosives wastes, pesticides, pesticide containers, toxic or radioactive materials.
HOUSEHOLD HAZARDOUS WASTES
Oil-based paint and water-based paint, thinners, pesticides, herbicides, fertilizers, motor oil, auto and furniture polish. Any material generally available at over-the-counter general merchandise retail stores in the local area and considered household materials is included in this definition.
MULTIPLE-HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
OCCUPANT
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 or as a tenant.
PAPER
Any thin sheet of material made of cellulose pulp, derived mainly from wood, rags, certain grasses, processed into flexible leaves or rolls by deposit from an aqueous suspension and used chiefly for writing, printing, drawing, wrapping and covering walls. Any object generally considered paper by the general population is included in this definition.
PERSON
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.
PLASTIC
Any of the various complex organic compounds produced by polymerization capable of being molded, extruded or cased into various shapes and films or drawn into filaments used in textile fibers and lines and ropes and includes such materials formed into containers for the storage or preservation of food, beverages, liquids, powders and other materials. Any object generally considered plastic by the general population is included in this definition.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
REFUSE
Solid waste.
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, animals and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
1. 
Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
2. 
Solid waste resulting from the maintenance and operation of dwelling units.
SOLID WASTE CONTAINER
Receptacle used by a 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 MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
YARD WASTES
Grass clippings, leaves, tree trimmings.
[Ord. No. 2803-11, 10-18-2011]
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 designed to hold solid waste. Containers shall be leakproof, waterproof and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. 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 easy emptying. They shall be of lightweight 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 Director may also be used for storage of residential solid waste.
D. 
Commercial solid waste shall be stored in solid waste containers as approved by the City. The containers shall 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 245.060,
E. 
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[Ord. No. 2803-11, 10-18-2011]
A. 
The City shall provide for the collection of solid waste as follows:
1. 
Collection of residential solid waste. Other than for the removal of grass, weeds, limbs, or trees pursuant to Section 245.120, the City and only 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, company, 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.
2. 
Other collections. Businesses and other commercial interests shall arrange for commercial solid waste collection services.
B. 
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 to be fixed by regulations to be made and promulgated by the City as hereinafter provided. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
C. 
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 and approval by the City.
D. 
The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. At least one hundred forty-four (144) hours shall intervene between collections. All commercial solid waste 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.
E. 
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.
F. 
Solid waste collector, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the designated pickup location to the transportation vehicle, provided the solid waste was stored in compliance with the provisions set forth in this Section. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
G. 
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 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.
H. 
Permits shall not be required for the removal, hauling or disposal of earth and rock materials 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.
I. 
Transportation and disposal of demolition and construction wastes shall be in accordance with permitting and other requirements of Sections 245.040, 245.050 and 245.060.
[Ord. No. 2803-11, 10-18-2011]
A. 
All transportation 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 transportation of solid waste shall be constructed with watertight 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.
B. 
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.
C. 
A residential user shall not be required to obtain a permit for the collection and transportation of demolition and construction waste. The user may transport such waste or contract with a third party to do so. All such material conveyed by the residential user or such residential user's third party contractor shall be collected, contained and conveyed in receptacles with a capacity not exceeding twenty (20) cubic yards. All such waste material shall be transported 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. 2803-11, 10-18-2011]
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. 2803-11, 10-18-2011]
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 obtaining an annual permit therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
B. 
No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than one million dollars ($1,000,000.00) for each person injured or killed, and in the amount of not less than two million dollars ($2,000,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than one million dollars ($1,000,000.00) for damage to property. Such policy may be written to allow the first one thousand dollars ($1,000.00) of liability for damage to property to be deductible. Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
C. 
Each applicant for any such permit shall state in his application therefor:
1. 
The nature of the permit desired as to collect, transport, process or dispose of solid waste or any combination thereof;
2. 
The characteristics of solid waste or any combination thereof to be collected, transported, processed or disposed;
3. 
The number of solid waste vehicles to be operated thereunder;
4. 
The precise location or locations of solid waste processing or disposal facilities to be used;
5. 
Boundaries of the collection area; and
6. 
Such other information as required by the Director.
D. 
If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Chapter, the City shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of one hundred dollars ($100.00) for each solid waste processing or disposal facility to be operated and a fee of fifteen dollars ($15.00) for each collection vehicle to be used. If, in the opinion of the Director, modifications can be made to the application regarding service, equipment or mode of operation so as to bring the application within the intent of this Chapter, the City shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
E. 
If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the reapplication comply with the provisions of this Chapter.
F. 
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
G. 
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 Smithville. 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 inspection reveal violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or 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.
H. 
In all cases, when the corrective measures have not been taken within the time specified, the City shall suspend or revoke the permit or permits 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.
I. 
In the event a permit is revoked and the person continues to operate, the City may request the action of a court of law to enjoin the acts and to enforce compliance with this Section or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant, as well as attorney's fees and costs incurred in bringing such action.
J. 
Any person who feels aggrieved by any denial or renovation of a permit issued pursuant to this Section may within ten (10) days of the act for which redress is sought appeal directly to the Circuit Court of Clay County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
K. 
All motor vehicles operating under any permit required by this Chapter shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than six (6) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
L. 
Any agency issued a permit to collect, transport or dispose of solid wastes as set forth herein shall agree to 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 the result, directly or indirectly, or in any manner of the performance or failure of performance on the part of the collecting agency.
[Ord. No. 2803-11, 10-18-2011]
A. 
The City shall make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:
1. 
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
2. 
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
3. 
Identification of solid waste containers and of the covers thereof and of equipment thereto appertaining, if any.
4. 
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.
5. 
Storage of solid waste in solid waste containers.
6. 
Sanitation, maintenance and replacement of solid waste containers.
7. 
Schedules of and routes for collection of solid waste.
8. 
Collection points of solid waste containers.
9. 
Collection, transportation, processing and disposal of solid waste, bulky waste, yard waste and demolition and construction waste.
10. 
Processing facilities and fees for the use thereof.
11. 
Disposal facilities and fees for the use thereof.
12. 
Records of quantity and type of wastes received at processing and/or disposal facilities.
13. 
Handling of special wastes such as toxic wastes, sledges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
B. 
The City Clerk 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.
C. 
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.
[Ord. No. 2803-11, 10-18-2011]
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. 
Fail to have solid waste collected as provided in this Chapter;
3. 
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;
4. 
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
5. 
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
6. 
Engage in the business of collection, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked;
7. 
Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of this Chapter or this Code.
B. 
Any user found to be violating any provision of this Section shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.
[Ord. No. 2803-11, 10-18-2011]
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 established by the Board of Aldermen by contract for the collection of solid waste by a third party or by separate ordinance. The service charge shall include the cost of providing the service and the administration of the service.
B. 
The service and service charge shall be terminated upon presentation of satisfactory proof to the City that any such dwelling unit or establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
C. 
The system of services established by the provisions of this Chapter hereof 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 occupant of any premises which has received such services, to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the court.
D. 
The service charge herein provided for 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 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. At the option of the City, the service charges shall be payable to the department empowered to collect service charges imposed by the City and/or to the person, company, County or other City that collects the residential solid waste.
E. 
If the service charges are collected by the City, the service charges provided in this Chapter shall be included on the billings and statements for water sale and service. Failure to pay such service charge shall subject such person to the same penalties as a failure to pay the water billing and shall authorize the City, after due notice, to discontinue water service.
[Ord. No. 2803-11, 10-18-2011]
A. 
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 not to exceed two hundred fifty dollars ($250.00) for each violation and each day in which any such violation continues shall be deemed a separate offense.
B. 
Any person who for any reason, fails to provide for the collection and disposal of solid waste generated by that person according to the provisions of the City's solid waste management plan shall be deemed in violation of this Article.
C. 
Any person collecting, transporting or disposing solid waste within the City who shall violate any provision of the Chapter shall be guilty of a misdemeanor and on conviction thereof shall be fined in an amount not to exceed five hundred dollars ($500.00) for each violation and each day in which any such violation continues shall be deemed a separate offense.
[Ord. No. 2803-11, 10-18-2011]
Each applicant for a permit to collect residential or commercial solid waste or to operate transportation, processing or disposal facilities shall be required to post a performance and indemnity bond in an amount to be determined by the City.
[Ord. No. 2803-11, 10-18-2011]
Nothing herein shall apply to disposition of grass, weeds, limbs, or trees being removed under written contract through a bonded hauler, however, each occupied residential unit shall pay for regular weekly collection of solid waste as provided in this Chapter.