Article I General Provisions
[CC 2000 §4-2-1; CC 1974 §8-14.A; Ord. No. 684, 4-28-1986; Ord. No. 936, 6-16-1997]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
- BULKY RUBBISH
- 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 safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available therefor.
- The City of Vinita Park, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicle.
- COMMERCIAL SOLID WASTE
- All solid waste generated from a source other than a dwelling unit.
- Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the City.
- A location adjacent to and not more than five (5) feet from any street.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City of Vinita Park shall be the Director of Public Works.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-nine (39) gallons or, if specifically designated for storage of solid waste, a maximum of fifty-five (55) gallons.
- A container of steel or similar materials equipped with tight-fitting doors and/or lids and designed to be emptied directly into a collection vehicle or taken by such vehicle to a disposal site; provided, that the container does not leak and has a capacity of not less than one-half (½) cubic yard.
- 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. Units of multiple-housing facilities may be billed as dwelling units upon request by the owner of said dwelling units.
- FRONT BUILDING LINE
- The front of the house, not including any porch, whether wood, brick or concrete, added to the front of the house.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- Any waste or combination of wastes, as determined by the Hazardous Waste Management Commission by rules and regulations, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a present or potential threat to the health of humans or the environment.
- MAJOR APPLIANCES
- Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers.
- MULTIPLE-HOUSING FACILITY
- 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 of any other improved real property, either as owner or as a tenant.
- Any natural individual, firm, partnership, trust, association or corporation. As applied to partnerships or associations, the word includes the partners or members thereof; and as applied to corporations, it includes the officers, agents or employees thereof who are responsible for the act referred to.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. This Chapter in no way shall prevent individuals from using a compost heap for use in gardening or other fertilizing as long as it presents no health hazard to the neighbors or community, puts off any obnoxious odors and no garbage is used in the composting process.
- PROHIBITED ITEMS
- Items which are eliminated by State law from being disposed of in a solid waste disposal area including, but not limited to, major appliances, waste oil, lead acid batteries, waste tires and the like as the same may be now or hereafter defined by State law.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units.
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
- SOLID WASTE CONTAINER
- Receptacle used by any 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 disposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- The entire solid waste system of storage, collection, transportation, processing and disposal.
- Keeping, maintaining or storing solid waste from time of its production until the time of its collection.
- 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
- Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[CC 2000 §4-2-2; Ord. No. 684, 4-28-1986; Ord. No. 936, 6-16-1997; Ord. No. 1046 §§1 — 3, 3-17-2003]
Containers Provided By City. The City of Vinita Park is obtaining trash containers costing approximately fifty dollars ($50.00) each and will provide the containers to the residents of the City free of charge.
The containers shall be the responsibility of the occupants of the residence for which it was issued and such occupants will be responsible for the cost of repairs to fix or replace any damaged, lost or destroyed container.
The resident shall notify the City immediately of any damage caused by the trash hauler.
Any resident whose trash container is stolen must immediately make a report to the Police Department.
In the event any trash container belonging to the City of Vinita Park, which has been assigned to a residence, is not returned upon request of the City, the occupants of such residence shall be required to pay the cost of replacement of such container.
In the event any trash container owned by the City is damaged by a resident or any other party while such container is in the possession of a City resident or other party, such resident or responsible party shall be responsible for the cost of repairs to such container.
Use And Maintenance Of Containers. 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.
Residential containers. Residential solid waste shall be stored in containers of not more than ninety-five (95) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof, waterproof and fitted with a flytight 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 light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers or rubber, fiberglass or 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.
Commercial containers. Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be 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 230.060 of this Chapter.
Bundling Of Tree Limbs And Brush. 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.
Containers For Yard Wastes. 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. Leaves and yard clippings may be placed in plastic trash and leaf bags unless found by the Director to be unacceptable for storage.
Storage Of Containers.
All containers. All trash, garbage or recycle containers shall be kept behind the front building line; except, that recycle containers that cannot be seen from the sidewalk may be kept on the front porch of a building if the lid is kept on the container.
Residential containers. Residential solid waste containers shall be stored upon the residential premises.
Non-residential containers. 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 purpose.
Site Maintenance And Access. The storage site shall be well drained and fully accessible to collection equipment, public health personnel and fire inspection personnel.
Non-Conforming Containers. Solid waste containers which do not meet the specifications as outlined in this Section will be collected, together with their contents, and disposed of.
[CC 2000 §4-2-3; CC 1974 §8-14.A; Ord. No. 702, 10-20-1986; Ord. No. 979, 5-17-1999; Ord. No. 1065 §§1 — 3, 12-15-2003]
A permit must be obtained from the Director of Public Works in order to locate a dumpster in the City.
No dumpsters of three (3) cubic yards or more — construction or otherwise — shall be located within the City of Vinita Park without a permit issued by the Building Inspector. No dumpsters of three (3) cubic yards or more — construction or otherwise — shall be located on property zoned "A" residential without a permit issued by the Building Inspectors, and such permit shall not authorize placement of dumpsters in "A" residential locations for a period in excess of thirty (30) days, with one (1) thirty (30) day extension allowable. The fee for a permit for such dumpsters shall be the same as already set out for a dumpster license in Subsection (A)(3) and shall not be prorated because the license is issued for less than a year. The permit shall cover the period of time for which placement of the dumpster on the particular property is authorized. The penalty for failing to secure the necessary permit to authorize placement of a dumpster, or for extending the time frame authorized for placement of a dumpster, shall be not more than one thousand dollars ($1,000.00) per day.
Term of permit. The permit shall be issued for a period of one (1) year beginning on July first (1st) of each year and ending on June thirtieth (30th) of the following year.
There shall be a required permit fee of fifty dollars ($50.00) per year per dumpster having three (3) cubic yards or more capacity located within the City.
Any person, firm or corporation owning or placing a dumpster within the City, as well as the operator of the business in the event the owner cannot be located, shall be responsible for the fee of fifty dollars ($50.00) for the dumpster to remain in operation in the City per the permit as set out in Subsection (A)(1) of this Section.
The fifty dollar ($50.00) fee shall be for each dumpster or solid waste processing or disposal facility within the City and this fee shall apply to any dumpster that is three (3) cubic yards or larger.
Specifications. Each dumpster located within the City shall have the name and phone number of the vendor imprinted on the same.
Hours Of Pickup. Dumpsters shall not be serviced except between the hours of 7:00 A.M. and 7:00 P.M.
[CC 2000 §§4-2-4(B, C, D-1), 4-2-5; Ord. No. 684, 4-28-1986]
The City shall provide for the collection of solid waste as follows:
Collection of residential solid waste. The City shall provide for the collection of 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 interests of the City.
Other collections. The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises in a manner approved by City. If and when the City does provide commercial collection service, the provisions herein concerning such service shall apply.
Residences. All residential solid waste, other than bulky rubbish, shall be collected at least twice weekly. At least forty-eight (48) hours shall intervene between collections.
Commercial. All commercial solid waste shall be collected at least once weekly and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
All solid waste from premises to which collection services are provided under contract with the City shall become the property of the collection agency upon being loaded into the transportation equipment.
Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at curbside for collection but shall not be so placed until after 6:00 P.M. on the day next preceding the regularly scheduled collection day. Containers shall be removed from curbside no later than 8:00 P.M. on the day of collection. No alley service shall be allowed under the terms of this Chapter, except as approved by the Board of Aldermen.
Materials To Be Collected. All solid waste from premises to which collection services are provided by the City may be collected except "bulky rubbish" as defined in Section 230.010 of this Chapter. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director and may be collected at least once monthly.
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 approved by the Director.
It shall be the responsibility of the occupants of each dwelling unit to prepare, package and deliver solid waste to curbside for collection as prescribed in this Chapter and as it may be amended from time to time.
It shall be the responsibility of each commercial, industrial, institutional or other non-residential generator of solid waste to prepare, package and store solid waste so generated as prescribed by this Chapter and as it may be amended from time to time.
It shall be the responsibility of every solid waste collector to abide by this Chapter and receive and transport solid waste in a manner consistent with the provisions of this Chapter.
The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. All commercial solid waste shall be collected once weekly and shall be collected at such lesser intervals as may be fixed by the Board upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
All solid waste collectors operating under contract with the City or otherwise collecting solid waste within the City limits shall be responsible for the collected solid waste from the point of collection to the point of disposal, provided the solid waste was stored in compliance with the applicable Sections of this Chapter. 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.
It shall be unlawful for any person, firm or corporation collecting and disposing of rubbish, garbage or waste material from premises in the residential districts or premises in any commercial district which abuts or adjoins a residential district in the City to make such collection or dispose of rubbish, garbage or waste materials between the hours of 9:00 P.M. and 7:00 A.M.
Collection At Curb. Tree limbs and yard wastes, as described in Section 230.020(D) and (E) of this Chapter, respectively, shall be placed at the curb for collection. Solid waste containers, as required by this Chapter, for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed except as set out in the ordinances of the City.
[CC 2000 §4-2-6(B); Ord. No. 684, 4-28-1986]
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 alternative, the entire bodies thereof shall be enclosed with only loading hoppers exposed. Provided however, other vehicles may be used to transport bulky rubbish which because of its size or weight is not susceptible to being loaded or unloaded in vehicles described above, but in no event shall such vehicles be operated without adequate cover or binding to prevent spillage or waste therefrom and in accordance with the rules and regulations made by the Board.
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. All dump trucks or other vehicles shall be covered or have tarpaulin covering their load and tied tightly to prevent spillage upon public rights-of-way.
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons holding permits under this Chapter.
The Board may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Board which will meet all local, State and Federal regulations.
[CC 2000 §4-2-9; Ord. No. 684, 4-28-1986]
The Director may make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers, and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Clerk or such other City Official who is responsible for preparing utility or 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, subject to the approval of the Board.
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.
[CC 2000 §4-2-10; Ord. No. 684, 4-28-1986; Ord. No. 972, 3-15-1999]
It shall be unlawful for any person, firm or corporation to:
Throw or deposit in or upon his/her own or another person's private premises or on any public place, including public roads, streets and rights-of-way, any rock, metal, glass, wood, masonry, hard plastic or other similar hard substances or any wood or debris or construction wastes.
Deposit solid waste or any other trash or litter in any solid waste container other than his/her own without the written consent of the owner of such container.
Intentionally deposit, rake or dump any leaves, grass or yard waste on any public streets, curbs, rights-of-way or property owned by the City.
Failure to collect. Fail to have solid waste collected as provided in this Chapter.
Interference with waste collection. Interfere in any manner with solid waste collection and transportation 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.
Unlawful disposal. Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources.
Unlawful business practices. Engage in the business of collecting, 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.
[CC 2000 §4-2-13; Ord. No. 684, 4-28-1986]
Any person violating any of the provisions of this Chapter or any lawful rules and regulations promulgated pursuant hereto, upon conviction, shall be subject to the penalty provided in Section 100.220 of this Code.