[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
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.
[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.
[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]
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.
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]
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.
(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)
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]
[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.
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.
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.
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).
