[R.O. 1997 §230.010; CC 1989 §12-1; Ord. No. 867 §1, 6-26-1973]
he 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:
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be loaded safely and conveniently in solid waste
collection vehicles by solid waste collectors, with equipment available
therefor.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons, specifically designed for the storage
of solid waste.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
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.
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 individual, partnership, corporation, association, institution,
city, county, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
"Solid waste" as defined in this Section.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid 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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
A receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 1997 §230.020; CC 1989 §12-2; Ord. No. 867 §18, 6-26-1973]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant hereto, shall
be guilty of an ordinance violation.
[R.O. 1997 §230.030; CC 1989 §12-3; Ord. No. 867 §13, 6-26-1973]
Excepted from the terms of this Chapter is the removal, hauling
or disposal of earth and rock material from grading or excavation
activities or demolition or construction 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.
[R.O. 1997 §230.040; CC 1989 §12-4; Ord. No. 867 §§2 — 5, 11, 6-26-1973]
A.Â
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 construction waste to serve each such dwelling unit
and/or establishment, and shall maintain such solid waste containers
at all times in good repair.
B.Â
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 in this Chapter, and shall maintain such solid
waste containers and the area surrounding them in a clean, neat and
sanitary condition at all times.
C.Â
Residential solid waste shall be stored in containers of not more
than thirty-five (35) gallons nor less than twenty (20) gallons in
nominal capacity. Containers shall be leakproof, waterproof, and fitted
with a 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, rubber or fiberglass containers,
and plastic containers which do not become brittle in cold weather
may be used.
D.Â
Commercial solid waste shall be stored in solid waste containers.
The containers shall be waterproof and leakproof and shall be covered
at all times, except when a person is depositing waste therein or
removing the contents thereof.
E.Â
Residential solid waste containers shall be stored upon the residential
premises. Commercial solid waste containers shall be stored upon private
property.
[R.O. 1997 §230.050; CC 1989 §12-6; Ord. No. 867 §§7 — 10, 12, 6-26-1973]
A.Â
The City shall provide for the collection of all residential and
commercial solid waste in the City; provided, however, that the City
may provide the collection service by contracting with a person, a
County, or another City or a combination thereof for the entire City
or portions thereof, as deemed to be in the best interests of the
City.
B.Â
All solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined in
this Chapter; provided, however, that bulky rubbish will be collected
if tied securely in bundles not exceeding reasonable limitations of
weight and bulk. All solid waste collected shall, upon being loaded
into the collection equipment, become the property of the collection
agency.
C.Â
Tree limbs and yard wastes shall be placed at the curb or alley for
collection. Solid waste containers as required by this Chapter for
the storage of other residential solid waste shall be placed outside
buildings so as to be easily accessible for collection. Any solid
waste containers, tree limbs, yard wastes, or other solid waste permitted
by this Chapter to be placed at the curb or alley for collection shall
not be so placed until a regularly scheduled collection day.
D.Â
The following collection frequencies shall apply to collections of
solid waste within the City:
1.Â
All residential solid waste, other than bulky rubbish, shall be collected
at least once weekly.
2.Â
All commercial solid waste shall be collected at least once weekly
and shall be collected at such lesser intervals as may be necessary
to ensure the preservation of the health and safety of the public.
E.Â
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.
[R.O. 1997 §230.060; CC 1989 §12-7; Ord. No. 867 §15, 6-26-1973]
A.Â
It shall be unlawful for any person to:
1.Â
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.Â
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.Â
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Division of Health.
4.Â
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.
[R.O. 1997 §230.070; CC 1989 §12-8; Ord. No. 867 §§17, 19 — 21, 6-26-1973; Ord. No. 907 §3, 8-14-1979]
A.Â
Imposed. 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.
B.Â
Excess Disposals — Contract. Any residence,
business, professional office or commercial establishment of any nature
which has solid waste disposals exceeding one-half (1/2) cubic yard
per week of solid waste shall contract for services for the disposal
of such excess solid waste with the collecting agency on an individual
basis, provided that the collecting agency cannot charge therefor
more than a maximum charge.
C.Â
Excess Disposals — Decision By Board. If the
collecting agency and the individual cannot agree on a contract price
for the disposal of excess solid waste, then both parties may appear
before the Board of Aldermen, which shall determine the fee to be
charged. The determination of the Board of Aldermen shall be final
in such instances.
D.Â
Failure To Pay Charges. If it is determined by the
Board of Aldermen that any person has refused or failed to pay any
charge assessed pursuant to the provisions of this Chapter for a period
of more than sixty (60) consecutive days, the City may enforce collection
of such charges by bringing proper legal action against the occupant
of the 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, plus the cost of such action. The fact that legal title
to property is in any person constitutes prima facie proof that such
person is responsible for the payment of charges provided for in this
Chapter. The fact that charges incurred were for services provided
to a tenant, agent, or other person using the titleholder's property
shall not be grounds for staying the termination of City services
provided for in this Section.
E.Â
Separate Residences Construed. Each unit of a multiple
housing facility or trailer park shall be construed to be a separate
residence.
F.Â
Termination For Vacancy. The service and service
charge shall be terminated upon presentation of satisfactory proof
to the City that a dwelling unit or establishment is unoccupied, and
shall be commenced upon renewed occupancy thereof.
G.Â
Enforcement. The system of services established
by the provisions of this Chapter 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.
H.Â
Payment — General Responsibility. The service
charge provided for in this Section is hereby imposed upon the occupant
of each dwelling unit receiving such service under the provisions
of this Chapter. 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. If such person is neither the owner
nor the tenant, billing shall be made to the owner. Service charges
shall be payable to the department empowered to collect service charges
imposed by the City.
I.Â
Payment — Frequency — Service Fee. The
service charge shall be collected monthly by the City along with the
combined water and sewage charge, and the City shall retain a service
fee for collection, to be placed in general revenue.
[R.O. 1997 §230.080; CC 1989 §12-9; Ord. No. 867 §14, 6-26-1973]
Solid wastes shall be disposed of at a processing facility or
disposal area approved by the City and complying with all requirements
of the State Department of Natural Resources.
