Village of Spring Lake, MI
Ottawa County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Spring Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-2.
Municipal civil infractions — See Ch. 25.
Open burning — See Ch. 135.
Outdoor furnaces — See Ch. 196.
Property maintenance — See Ch. 263.
Zoning — See Ch. 390.
[Adopted as Ch. 62, Art. I, of the 2000 Code of Ordinances]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
GARBAGE
Rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.
TRASH
Nonputrescible solid waste, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, yard clippings, ashes, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health or safety.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 3-16-2009 by Ord. No. 309]
The occupant of a residential, commercial, or industrial building or structure having garbage, trash, or yard waste pickup service furnished by a person licensed to render such service pursuant to Article II of this chapter shall place all the garbage or yard waste in a closed, watertight bag or container; shall place all of the trash in a dumpster, vessel, or box suitable for storing and carrying trash; shall bundle all brush, twigs, and tree limbs. The foregoing sentence shall apply only to garbage, not to trash, brush, or yard waste on days designated by the Village as cleanup days during which Village employees pick up trash, brush, or yard waste. All of the bags, containers, vessels, boxes, and bundles shall be placed in a location where they are readily accessible for collection. The occupant of any residential structure shall not knowingly place any of the bags, containers, vessels, boxes, bundles, or any garbage or trash, on a street, parkway, or sidewalk prior to 6:00 p.m. on the day before the day of collection established by the garbage and trash collector; nor shall the occupant knowingly permit the bags, containers, vessels, boxes, bundles, or any garbage, yard waste, or trash to remain on a street, parkway, or sidewalk after 6:00 p.m. on the date of collection.
When a residential building or structure contains more than two dwelling units, the owner or landlord shall have the duty to provide suitable trash cans, containers or dumpsters for the use of the occupants or tenants. Failure to do so constitutes a violation of this article.
[Adopted as Ch. 62, Art. II, of the 2000 Code of Ordinances]
This article shall not be applicable to any person carting trash or garbage when such is done on a gratuity basis and no charge is made.
It shall be unlawful for any person to engage in the business of collecting or hauling garbage or trash within the Village unless such person shall first have obtained a license, except as provided in § 300-5.
Any person desiring to engage in the business of collecting or hauling garbage or trash within the limits of the Village shall make application to the Village Council or its designated representative. Such application shall include the type of service to be rendered, the proposed rates to be charged and a description of all equipment to be used, and shall have attached copies of certificates of insurance coverage limits. In addition, the application shall contain at a minimum the following information:
A. 
The name and business address of the applicant. If the applicant is a corporation, the names and addresses of all the directors, officers and shareholders owning a ten-percent interest or more in the corporation shall be given. If the applicant is a partnership, the names and addresses of each partner shall be given.
B. 
The place where it is proposed to maintain the applicant's business and the proposed hours of operation of the business.
C. 
A list of all assumed, trade or firm names under which the applicant intends to do business.
D. 
Whether or not the applicant or person conducting or managing the applicant's business has been convicted of, pled guilty to, or pled no contest to a crime or municipal civil infraction. In the event of an affirmative response, the applicant shall state the activity involved, along with the date, place and jurisdiction of each offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-5-1988 by Ord. No. 181]
No license shall be issued to any person for the purpose of collecting or hauling garbage and trash unless the applicant is able to demonstrate the ability to comply with the following requirements:
A. 
To provide pickup service at least once each week to every person in the Village desiring such service and to provide at least one backup vehicle to ensure prompt pickup in case of equipment failure.
B. 
To insure each truck or piece of equipment against injury to person or property for damage to property, for injury or death to any person, and for injury or death to any person in any single accident in amounts as required by the Village Council. Certificates of such insurance shall be filed with the Village Clerk/Treasurer before any license shall be issued.
[Amended 1-6-1992 by Ord. No. 203; 3-16-2009 by Ord. No. 309]
All persons licensed to collect or haul garbage, trash, or yard waste pursuant to this article shall comply with the following standards and requirements during the term of the license:
A. 
Maintain service standards and insurance coverage required for issuance of the license as provided in § 300-8 and include the Village and its officers and employees as additional insureds on such insurance policies and indemnify and hold the Village harmless from any liability claims that may arise as a result of the licensee's operations for collection or hauling of garbage or trash within the limits of the Village.
B. 
Provide all dumpsters, receptacles, and vehicles used for collection or hauling garbage, trash, or yard waste with bins so as to prevent spillage and reduce noxious odors. No open equipment shall be permitted unless it is used under emergency conditions, and each such emergency use shall be approved by the Village Manager prior to its use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Compliance with all applicable federal and state statutes and regulations concerning the utilization of garbage and waste hauling equipment in compliance with such statutes and regulations, including appropriate licensing and registrations.
D. 
Provide a sufficient number of trucks, equipment, and personnel to perform all services in a prompt and efficient manner so as to not delay the collection of household trash or garbage within the limits of the Village.
E. 
At all times identify on the equipment and vehicles utilized to collect garbage, trash, or yard waste in the Village in an open, prominent, and visible manner the name and address of the licensee and a telephone number where customers of the licensee can contact the licensee or the representative of the licensee in the local calling area without additional charge for long distance rates.
F. 
For residential customers, the licensee shall collect from each of the licensee's customers in the Village all garbage and refuse placed in containers or dumpsters approved by the Village, or in conventional-type trash cans with a capacity not exceeding 26 gallons or 60 pounds for each container in weight. Except as set forth in this article, there are no limits as to the number of containers in use at each customer pickup location. The service will be provided not less than once each week for garbage and refuse and not less than two times per month for recycling. Trash and recycling receptacles shall be located by the customer either in front of the garage or at the corner of a house, whichever is closer to the street line, but not exceeding a maximum distance of 50 feet from the street line. The licensee may reserve the right to refuse to climb steps and drive up steep driveways. Leaves, grass clippings (which shall have a five-bag limit), Christmas trees, and other bulky refuse must be placed on the curb for pickup on the designated day of service; and the following standards shall be complied with in connection with such service:[2]
(1) 
The following items need not be picked up by the licensee unless special arrangements are made with it by the customer and should not be included in the definition of "household garbage or refuse": tree trunks and stumps, unbagged brush, motor vehicles, motor vehicle parts, large machines, furniture, appliances, bulkier building materials, or any other items which due to bulk will be unusually difficult for the personnel of the licensee to load or haul away.
(2) 
The licensee will serve any customer that desires a special pickup service at a quoted cost based upon the level of service to be provided by the licensee to the customer.
(3) 
The collection day for the residential pickup in the Village limits shall be designated by the licensee to be one day each week. The licensee shall not operate its vehicles for purposes of collection of such trash or refuse from its customers before the hour of 6:00 a.m., local time, or after the hour of 7:00 p.m. local time. If the designated collection day falls on a holiday, the pickup is scheduled for the next following day.
(4) 
Provide back-door pickup service to any customer that is physically unable to bring the trash containers to the front corner of the house, without additional charge, the determination of physical incapacity to be made by the licensee; except if the customer disagrees with the licensee's determination, the Village Manager, after consultation with the customer and with the licensee, will make such determination based on information submitted by the licensee and the customer.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
For commercial and industrial customers, the licensee shall collect from each of the licensee's customers in the Village, all garbage and refuse placed in containers or dumpsters approved by the Village. The service shall be provided not less than once each week for garbage and refuse and not less than two times per month for recycling. The licensee shall not operate its vehicles for purposes of collection of such garbage and refuse from its customers before the hour of 6:00 a.m. local time or after 7:00 p.m. local time. If the designated collection day falls on a holiday, the pickup is scheduled for the following day.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Develop, implement, maintain, and provide a comprehensive curbside recycling program for the Village. The recycling program shall be developed with the assistance of a recycling committee designated by the Village and shall be approved by the Village before implementation. The Village Manager is further vested with full power to develop, supervise and implement the recycling program pursuant to the following standards.
(1) 
The recycling program shall be carried out on the same day as the licensee provides its curbside collection of household garbage and refuse from residential customers.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Curbside recycling will be provided by the licensee through the use of a bag, bin, box, or other collection method provided by the licensee as part of its monthly service fee to a residential customer and as approved by the Village Manager.
(3) 
The licensee in providing this service is deemed to warrant to the Village that all materials collected for recycling will be recycled to the fullest extent possible and as required by the rules and regulations implemented by the Village's recycling program.
(4) 
The recycling program, along with the collection of household garbage and refuse, may utilize cart-type containers with a capacity not exceeding 96 gallons in addition to the designated recycling bags, bins, or boxes.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
In addition to compliance with the provisions of this subsection, the licensee shall comply with all applicable provisions of the standards set forth in Subsection F of this section; except no tree trunks or stumps need be picked up by a licensee, whether intended as trash or garbage, or a recyclable item, unless otherwise agreed to by the licensee and the Village Manager.[6]
[6]
Editor's Note: Original Sec. 62-64(8)(f), regarding collected recycling materials in conditions unfit for recycling, of the 2000 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 1-6-1992 by Ord. No. 203]
A. 
All persons licensed to collect or haul garbage, trash or yard waste pursuant to this article shall only charge such rates and will be subject to such additional rules as are set forth in a rate schedule approved by the Village Council based upon a proposed rate schedule which shall initially be filed by the licensee with its application for license and as evidenced by the resolution which establishes approved rates as adopted by the Village Council. No increase of rates shall be permitted after a license is issued pursuant to this article and a resolution approving the rates has been adopted unless the increase has been approved by the Village Council by subsequent resolution. The proposed rates shall bear a proper relation to the cost of the licensee's operation of its waste and trash hauling business within the Village limits, including the cost of similar services being offered by other licensed operators within the Village limits.
B. 
The recycling program implemented by the Village pursuant to § 300-9H will be subject to such additional rules and regulations as are set forth by the Village Council pursuant to resolution.
The fee for a license issued pursuant to this article shall be set by the Village Council by resolution and amended by resolution of the Village Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The application for renewal, suspension, revocation, display and transfer of a license required shall be as follows:
A. 
Renewal. An application for renewal of a license shall be considered in the same manner as an original application.
B. 
Denial, revocation or suspension.
(1) 
A license application may be denied, and a license previously issued may be revoked or suspended by the Village Manager at any time for any of the following reasons:
(a) 
An intentional or negligent misrepresentation or false statement made on the license application.
(b) 
Failure to comply with any of the requirements of this article.
(c) 
Failure to comply with any of the requirements of the Village ordinance.
(d) 
Conducting a business in an unlawful manner in such manner as to constitute a public nuisance.
(2) 
Unless otherwise specifically provided in other Village ordinances, the Village Manager has exclusive power to make decisions regarding the granting, denial, suspension or revocation of licenses. However, the Village Manager may decline to decide such a matter and refer the decision to Village Council. A written notice of the denial of the license application, or suspension or revocation of a previously granted license, stating the grounds for such actions, shall be delivered to the licensee personally or mailed to the address as shown in the application for license.
(3) 
Within ten days of delivery or mailing of a written notice of denial, suspension or revocation of a license by the Village Manager, a licensee or applicant may appeal such action to the Village Council by filing with the Clerk/Treasurer a written objection to the action and requesting a hearing before the Council. The time of the hearing and conduct of the hearing shall be established in accordance with the procedures adopted by the Council.
C. 
Display requirements.
(1) 
No licensee shall fail to conspicuously display on each vehicle, or machine required to be licensed by the article, such tags, stamps or insignia as may be required by Village ordinance.
(2) 
No person shall display any expired, suspended or revoked license, or license for which a duplicate has been issued.
D. 
Transferability. The license issued under this article shall not be transferable from person to person, nor from place to place, without the approval of the Village Council. The person requesting such transfer shall file an application for transfer of license with the Village Clerk/Treasurer containing the same information required for a license application. The approval of such person or body shall be evidenced by the written endorsement of the Village Clerk/Treasurer upon the face of the license showing to whom the license has been transferred and the date of such transfer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Notwithstanding any other ordinance or regulations or the provisions of this article, there shall be no more than one license issued pursuant to the provisions of this article for each $10,000,000 of assessed valuation of real property within the Village limits, such assessed valuation determined by the Assessor of the Village; provided, if the assessed valuation exceeds an increment of 1/2 of $10,000,000 and licenses have been issued pursuant to this article for the previous increments of $10,000,000 each, an additional license shall become available at such time. Licenses once issued shall not be revoked in the event of a decline in assessed valuation; however, all other provisions of this article and the regulations issued under this article shall continue to be complied with by a licensee.
In addition to the provisions of this article, if an alleged violation has occurred with respect to the provisions of this article wherein a licensee is alleged to have violated the article or any rules and regulations provided in this article, the following procedures may be implemented by the Village Council, or, if deemed appropriate by it, the Village Manager, to investigate such alleged violation to determine the appropriate action to be taken to protect the health, safety and welfare of the inhabitants of the Village:
A. 
A preliminary determination shall be made by the Village Manager that a violation has or has not occurred.
(1) 
If it is determined that the alleged violation has occurred in the reasonable judgment of the Village Manager or Village Council, but has not or will not cause an immediate or direct threat to the health, safety and welfare of the inhabitants of the Village, a letter of reprimand stating the violation shall be forwarded to the licensee. Such letter of reprimand shall then be part of the consideration as to whether a license will be renewed. If more than three letters of reprimand have been forwarded to a licensee during the term of any license, the license shall be deemed revoked 30 days after mailing of such third letter unless the licensee shall request a hearing in writing before the Village Council.
(a) 
If a hearing is requested by a licensee, the Village Council shall permit the licensee to show cause why its license should not be revoked, the hearing to be held at the next public meeting, regular or special, after receipt of the licensee's request for a hearing.
(b) 
After the hearing, the Village Council may determine whether to uphold such revocation, or to reinstate the license of the licensee. Such determination shall be made at the same meeting as the public hearing is held.
(2) 
If it is determined that the alleged violation will or could cause an immediate or direct threat to the health, safety or welfare of the inhabitants of the Village, then in addition to the other penalties provided for in this article, the Village Manager or the Village Council shall forward a letter to the licensee revoking the license forthwith. The licensee shall have 15 days after revocation of its license within which to request in writing a hearing as provided in Subsection A(1)(a) of this section, and the Village Council after such hearing shall make the determination provided for in Subsection A(1)(b).
B. 
If such preliminary determination provided for in Subsection A results in a finding that no apparent violation has occurred, a written summary of such determination shall be placed in the licensee's file maintained by the Village Clerk/Treasurer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).