Cross References — Empty garbage and refuse containers in front of property, declared nuisances, §235.060; littering prohibited, §220.165.
Editor's Note — Sections 235.010 — 235.090 were
replaced with new provisions enacted as part of the review and conference
of September, 2001. Former sections 235.010 — 235.090 derived
from Code 1961 §§6-43 — 6-44, 6-46 — 6-50; CC
1976 §§13-31 — 13-39; ord. no. 869 §1, 5-25-64;
ord. no. 1092 §1, 4-21-69.
Editor's Note — The recycling policy related to municipal
operations within the city of Overland, Missouri, St. Louis County
Missouri was hereby approved by ord. no. 2012-14, May 14, 2012. Copy
of said recycling policy is on file in the city offices.
[Ord. No. 2008-26 §1, 6-23-2008; Ord. No. 2010-24 §1, 6-28-2010; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 Overland, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
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.
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.
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.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, microwave ovens, conventional ovens, ranges, stoves,
wood stoves, air conditioners, refrigerators and freezers.
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 person who, alone or jointly or severally with others,
shall own any dwelling unit or of any other improved property.
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.
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.
Solid waste resulting from the maintenance and operation
of dwelling units.
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.
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.
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.
Receptacle used by any person to store yard waste during
the interval between yard waste collections. Receptacles are limited
to standard thirty (30) gallon paper yard waste bags or designated
thirty-two (32) gallon or smaller yard waste can or cart provided
through the City's contracted hauler.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
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,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the City for a period longer than ten (10) days.
C.
Residential
solid waste shall be stored in containers of not less than twenty
(20) gallons nor more than thirty-nine (39) gallons in nominal capacity,
unless container size is approved by hauler, except that residential
solid waste may be stored in trash bags of adequate strength in a
size not to exceed fifty-five (55) gallons. All containers, including
bags, shall be leak-proof and water-proof, fly-tight and properly
covered, tied or enclosed, except when depositing waste therein or
removing the contents thereof. Containers other than bags shall have
handles, bails or other suitable lifting devices or features. Containers
other than bags 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, including bags and its 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 in addition to bags. Disposable solid waste containers with
suitable frames or containers as approved by the City may also be
used for storage of residential solid waste. Galvanized metal containers
or rubber, fiberglass or plastic containers with suitable frames or
containers as approved by the City 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 Council. The containers shall be water-proof, leak-proof 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 235.070.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
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 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.
2.
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.
B.
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.
C.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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 Council upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
I.
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.
J.
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 6:00 A.M.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
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 water-tight
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.
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 Council.
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.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
A.
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.
B.
The
Council may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Council which will meet all local, State and Federal
regulations.
[CC 1976 §17-34; Ord. No. 768 §1, 3-26-1962; Ord. No. 2322 §1, 1-26-1987; Ord. No. 2010-24 §2, 6-28-2010; Ord. No. 2012-16 §§1
— 2, 5-14-2012]
It shall be deemed a nuisance for the owner/occupant of any dwelling unit to allow and permit solid waste containers, yard waste containers or yard waste, as defined in Section 235.010, to remain overnight in front of the front building lines except on the night prior to the owner's designated trash collection day.
[Ord. No. 2008-26 §§2
— 3, 6-23-2008; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A.
The
Council may 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 and transportation of solid
waste.
8.
Collection points of solid waste containers.
9.
Collection, transportation, processing and disposal of solid 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, sludge, 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 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 Council.
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.
D.
The
owner and occupant of any property served or benefited by the City's
solid waste collection shall be responsible for the orderly and sanitary
accumulation and storage of solid waste, bulky items, recycling and
yard waste pending its collection as provided herein, and said owner
and occupant shall be further responsible for complying with the provisions
of this Article, including the payment of reasonable solid waste bulky
items, recycling and yard waste collection fees.
E.
Any
person violating any of the provisions of this Section or any lawful
regulations promulgated pursuant thereto upon conviction shall be
punished by a fine not exceeding one thousand dollars ($1,000.00)
or by imprisonment not to exceed ninety (90) days, or by both such
fine and imprisonment. Each day's violation may be deemed a separate
offense.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
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 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, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
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 permit from the City, or operate under an expired permit, or operate
after a permit has been suspended or revoked.
5.
No person shall dump or deposit or permit dumping or depositing of
any wastes into any stream, spring, body of surface or ground water,
whether natural or artificial, within the City limits.
6.
Bum or incinerate any garbage or yard waste at any time within the
City.
[Ord. No. 2022-04, 3-14-2022]
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
A.
No
person shall store in or place additional demolition and construction
waste in a solid waste container which is full.
B.
The
person who has requested that a solid waste container be located to
receive demolition or construction waste or any person who may lawfully
require that a solid waste container be removed from a site shall
require that a solid waste container which is full be removed and
the waste deposited at an appropriate facility.
C.
Demolition
and construction waste shall be stored in a secure container or otherwise
secured to prevent dispersal by the wind.
D.
Demolition
and construction waste shall not be stored in a floodplain unless
it is stored in a waste container.
E.
A solid
waste container is full if no more waste can be added to it without
making it unsafe or illegal to transport.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
The Council may require performance or payment bonds of any
solid waste collection agency prior to issuing permits to so operate.
[CC 1976 §13-40; Ord. No. 2288 §1(1 — 4), 8-11-1986; Ord. No. 98-64 §1, 9-29-1998; Ord. No. 2012-16 §§1
— 2, 5-14-2012]
A.
Any
person who owns or uses trash containers of any kind, or in whose
behalf they are used by others, shall keep them at all times in a
dry, sanitary, rodent-, insect-, and leak-proof condition and shall
clean, sanitize and repair them as often as necessary for proper compliance
with this Section. Each container shall be provided with a tightly
fitting lid.
B.
The
level of the contents of trash containers, baskets, bags and ashpits
shall be kept at least four (4) inches from the top. The lid of each
trash container shall be kept closed at all times.
C.
The
owners or users of trash containers and the refuse collectors shall
be careful to avoid spillage of contents of the trash containers and
if it occurs, they shall clean it up promptly and restore the premises
to a clean and sanitary condition.
D.
Any person who fails to comply with any provision of this Section shall be deemed guilty of a nuisance and shall, upon conviction thereof, be fined and/or imprisoned in accordance with the general penalty provisions for violation of the municipal ordinances which are currently provided for in Section 100.150 of this Code of Ordinances.
[CC 1976 §13-41; Ord. No. 91-71 §§1 — 3, 12-9-1991; Ord. No. 93-41 §1, 9-8-1993; Ord. No. 2012-16 §§1
— 2, 5-14-2012]
A.
Requirement. All trash dumpsters on private property, whether
residential, commercial or industrial, must be placed and kept within
an enclosure meeting the minimum requirements stated below.
B.
Trash Dumpster Enclosures — Construction Requirement.
1.
A dumpster enclosure must be constructed on a concrete or asphalt
pad. Posts for wood or chain link enclosures must be placed in concrete
at least two (2) feet into the ground. A masonry enclosure shall be
constructed on a footing that is a minimum of thirty (30) inches below
grade.
2.
Dumpster enclosures must be located behind the front building line
unless otherwise approved by the Commissioner of Public Works.
3.
Dumpster enclosures for new construction must match the character
of the building. Dumpster enclosures can be made of wood, masonry
or chain link. They must be enclosed on all four (4) sides and equipped
with a double gate to provide access and facilitate removal of dumpster.
Chain link enclosures must have vinyl privacy slats or an approved
equivalent installed.
4.
Wood enclosures must be constructed with a durable wood, such as
one (1) by six (6) inch treated lumber, cedar or redwood. Masonry
enclosures must be equipped with a wooden gate, chain link gate with
vinyl privacy slats or a gate design approved by the Commissioner
of Public Works.
C.
Trash Dumpster Enclosure Permit Required — Procedure. Prior to constructing a trash dumpster enclosure, applicant must
submit a drawing showing how the enclosure will be constructed and
detailing the type of materials to be used, along with a site plan
showing the location and the size of the enclosure to the City of
Overland's Public Works Department. If the plan submitted meets the
approval of the Public Works Department, a building permit shall be
issued to the applicant.
[CC 1976 §13-42; Ord. No. 93-43 §1, 9-13-1993; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A.
COMPOSTING
Definition. As used in this Section, the following term
has the respective meaning ascribed to it:
A controlled biological reduction of organic waste to humus.
B.
Maintenance. All compost piles shall be maintained using
approved composting procedures to comply with the following requirements:
1.
All compost bins shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than seventy-five (75)
cubic feet for properties ten thousand (10,000) square feet and less
in size, with an additional seventy-five (75) cubic feet permitted
for each additional ten thousand (10,000) square feet of space. Compost
bins shall be no taller than five (5) feet.
2.
All compost piles shall be maintained so as to prevent the attraction
or harborage of rodents and pests. The presence of rodents in or near
a compost pile shall be cause for the City to issue a complaint.
3.
All compost piles shall be maintained so as to prevent unpleasant,
rotten egg-like, putrefactive, sweet, sour or pungent odors.
4.
Unless written permission has been granted by the adjoining property
owner, no compost pile shall be located less than three (3) feet from
the rear or side property line, or within twenty (20) feet of any
home, patio, pool, or similar structure on any adjacent property.
All compost piles shall be at least three (3) feet behind the front
building setback line.
5.
No compost pile shall be located where it will impede the natural
free flow of storm water drainage.
D.
Private Use Only. Compost piles established in accordance
with this Section are for private use only. There shall be no commercial
provision of material to be composted or commercial use of the product
of such composting.
E.
Owner Responsibility. Every owner or operator shall be responsible
for maintaining all property under his/her control in accordance with
the requirements of this Article.
[Code 1961 §6-45; CC 1976 §13-47; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 —
2, 5-14-2012]
No person shall collect garbage within the City unless he/she
shall first contract with the City therefor or receive a permit from
the City for such purpose.
[Code 1961 §6-45; CC 1976 §13-48; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 —
2, 5-14-2012]
Each permit holder shall pay annually to the City a fee in the
amount of one hundred dollars ($100.00).
[Code 1961 §6-45; CC 1976 §13-49; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 —
2, 5-14-2012]
When any person contracts with or receives a permit from the
City for the purpose of collecting garbage therein, such person shall
carry liability and property damage insurance in an amount as approved
by the City on all vehicles and equipment used by him/her for the
purpose of collecting garbage.
[Code 1961 §6-45; CC 1976 §13-50; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 —
2, 5-14-2012]
All vehicles used for garbage collection shall have substantial,
non-leakable and metallic bodies provided with tops or coverings to
enclose the garbage therein in such a manner as to keep the contents
from spilling out or leaking and to conceal said contents from view.
Such tops or coverings must be kept closed at all times except when
being loaded or unloaded.
[CC 1976 §13-51; Ord. No. 1291 §1, 4-9-1973; Ord.
No. 2012-16 §§1 — 2, 5-14-2012]
A.
It shall be unlawful for any person to park or store any vehicle used for the hauling of garbage or rubbish at any location within the City for a period of longer than two (2) hours except in the "C-1" Neighborhood Commercial District and the "M-1" Industrial District under the provisions of Subsection (B) of this Section.
B.
Said
vehicle or vehicles may be parked in the "M-1" Industrial District
and the "C-1" Neighborhood Commercial District in a completely enclosed
building. Said vehicle or vehicles may be parked outdoors in the "M-1"
Industrial District provided that the lot or premises upon which any
such vehicle is parked shall be, at the closest point on its boundary,
three hundred (300) feet or more from any other building or structure.
The provisions of this Section shall not apply to prohibit the parking
of any vehicle which is undergoing repairs or maintenance work upon
the premises of any garage or filling station or mechanic's shop provided
that such repairs or maintenance work shall be completed within a
reasonable time.
[CC 1976 §13-52; Ord. No. 1291 §1, 4-9-1973; Ord.
No. 2012-16 §§1 — 2, 5-14-2012]
Any vehicle used for the hauling of garbage or rubbish and located
within the City shall be washed and disinfected each day, notwithstanding
that such vehicle may be temporarily out of service.
[Code 1961 §6-45; CC 1976 §13-53; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 —
2, 5-14-2012]
All collectors of garbage operating under a permit or contract
with the City shall use due care in emptying the private containers
of the residents of the City so as to prevent damage to such containers;
and such garbage collectors shall also use due care in preventing
any garbage from spilling out of such private containers while the
contents thereof are being transferred from the containers to the
garbage collection truck.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
Waste spilled or blown during the transportation of waste shall
be recollected immediately if such recollection may be made safely,
and as soon as possible otherwise, and placed in the transportation
vehicle or solid waste container by the employees of the waste hauler,
or by the person transporting the waste, whether or not such person
is engaged in the business of hauling waste and whether or not the
vehicle is licensed or required to be licensed under this Chapter.
[Ord. No. 2012-16 §§1
— 2, 5-14-2012]
Waste spilled or blown during the movement of waste from the
point of collection into the waste transportation vehicle shall be
recollected and placed in the transportation vehicle by the waste
hauler whether or not the waste was placed by the generator in proper
waste containers as required by this Chapter. Waste haulers are not
obligated to collect waste which has not been placed in waste containers
as required by this Chapter.
