Cross Reference — Dumping prohibited, §215.337.
This Chapter shall be known as the "Garbage, Rubbish and Trash
Code of the City of Higginsville, Missouri."
[Ord. No. 2676 § 3, 6-5-2017; Ord.
No. 2961, 8-15-2022]
It is the purpose of this Chapter to regulate, control and prohibit,
as hereinafter applicable, the collection, transportation, disposal,
burning and storage of, and other related matters pertaining to residential
garbage, trash and rubbish within this City, and to further make mandatory
collection system on the residents within the City and to provide
for the payment of fees for the collection system.
[Ord. No. 2676 § 4, 6-5-2017; Ord.
No. 2961, 8-15-2022]
When used in this Chapter the following words, terms and phrases
shall have the following meanings:
The person with whom the City has contracted for the collection,
transportation and disposal of garbage, trash and rubbish, from residential
premises within the City.
Every hospital, hotel, motel, drugstore, grocery store, meat
market, tavern, restaurant, lunch counter, drive-in, private club,
church, school, retail shop, factory, office, industrial or manufacturing
concern, and any other commercial enterprise within the City.
The City of Higginsville, Missouri, a municipal corporation
which, territorially, shall include all territory within the corporate
limits of the City as such limits now exist or may from time to time
be extended or retracted.
Water-tight, galvanized metal or durable plastic containers
equipped with a handle or handles to facilitate simple handling and
a tight-fitting lid of a capacity of sixty-five (65) gallons or less,
which when containing garbage, trash, or both, shall not weigh in
excess of fifty (50) pounds. Larger containers provided by the Authorized
Residential Collector may be used to serve multiple-family residential
users.
All refuse and waste of animal, fruit or vegetable matter,
liquid or otherwise, that attends the preparation, cooking and use
of meat, fish, fowl, fruit or vegetables, and the trimmings therefrom,
within the City.
The appointed Public Health Officer, his/her agents, or other
person(s) as designated by the Board of Aldermen.
Any dwelling occupied for residency of one (1) or more persons,
whether or not connected by common walls to other residential premises.
Any person, or family unit, living in a home, apartment,
duplex, mobile home or other form of private dwelling within the City,
using the service of the Authorized Residential Collector to remove
garbage, trash or other, from the premises occupied by the user.
All items not used in household consumption, consisting of,
but not necessarily limited to, the following: stoves, hot water heaters,
and other items as permitted by State Statutes.
Paper, food and drink containers, bottles, glass, cans, crockery,
packaging containers and the burned residue thereof. Construction
waste materials, such as dirt, rocks, and sheetrock are not included
under this definition and are not permitted.
A billing by the City to any person for any or all of the
following:
[Ord. No. 2676 § 5, 6-5-2017; Ord.
No. 2961, 8-15-2022]
The City will, from time to time, by ordinance designate the
Authorized Residential Collector for the City of HigginsviIle. The
City's Authorized Residential Collector may be terminated at any time
hereafter by the City providing twelve months' notice of intention
to terminate the same. The notice to terminate shall be by registered
or certified mail to the address of the Authorized Residential Collector.
The termination shall be effective twelve (12) months from the receipt
of notice to terminate. Failure of the Authorized Residential Collector
or any of its officers, employees or agents to perform, keep and observe
any of the terms, covenants and agreements contained in this Chapter,
any other City ordinance, or any State or Federal law or regulation
shall be determined to be a breach of the rights granted under this
Chapter. Any failure to cure any default of any of the terms, covenants
and agreements contained in this Chapter, any other City ordinance,
or any State or Federal law or regulation after sixty (60) days written
notice to cure any default shall subject the Authorized Residential
Collector's right to be exclusive Authorized Residential Collector
under the terms of this Chapter to immediate termination of such right
notwithstanding any other terms of this Chapter to the contrary.
[Ord. No. 2676 § 6, 6-5-2017; Ord.
No. 2961, 8-15-2022]
Trash collection for business users may be obtained from any
trash collection provider.
[Ord. No. 2676 § 7, 6-5-2017; Ord.
No. 2961, 8-15-2022]
The Authorized Residential Collector shall have the sole and
exclusive right to collect, transport and dispose of garbage, trash
and rubbish from all Residential Users within the City; provided,
however, that nothing in this Chapter shall be construed to prohibit
the removal by any person of his/her own garbage, trash and rubbish
and disposal thereof at any authorized disposal area. However, the
residential user will still be responsible for the monthly fee.
[1]
Editor's Note: Former Section 245.070, Annual Franchise Fee,
which derived from Ord. No. 2676 § 8, 6-5-2017, was repealed 8-15-2022 by Ord. No. 2961.
[Ord. No. 2676 § 9, 6-5-2017; Ord.
No. 2961, 8-15-2022]
The Authorized Residential Collector shall obtain and maintain
during the term of the franchise, or any extension thereof, general
liability insurance in the amounts listed in Section 537.610, RSMo.,
and as annually adjusted, as well as proof of worker's compensation
coverage. The Insurance Carrier shall file with the City Clerk a certificate
and a copy of the policy endorsement showing the aforementioned insurance
coverages, which shall provide that the insurance of the Authorized
Residential Collector shall not be cancelled by the Insurance Carrier
without thirty (30) days previous notice, in writing, to the City.
The Authorized Residential Collector shall indemnify and hold harmless
the City from any and all actions, causes of action, damages, claims,
demands, suits or such judgments resulting from the actions of the
Authorized Residential Collector, or the agents, servants and employees
thereof, in the performance of the obligations and duties of the Authorized
Residential Collector under the terms of the franchise.
[Ord. No. 2676 § 10, 6-5-2017; Ord.
No. 2961, 8-15-2022]
A.
Residential users shall be charged an amount set from time to time
by ordinance for weekly pickup of garbage, trash, and rubbish.
B.
The City Clerk of the City shall include on every residential utility
bill the amount set by the Board for the per month charge for garbage,
trash, and rubbish collection.
C.
The City Clerk shall make known to the City Administrator any residential
user who fails to pay any portion of the entire utility bill.
D.
For the purpose of this Code, a month shall be from the 20th day
of one (1) month to the 20th day of the following month.
E.
The City, through its agents, employees and officers, shall not be
authorized to make any adjustments for any reasons of the monthly
mandatory billing of the residential user, with the exception of the
City Clerk, who shall bill the occupant of a residential dwelling,
on a pro-rata basis in the event the dwelling is unoccupied and vacant
at any time during the month. The City Clerk shall be authorized to
make adjustments in the billing to properly pro-rate the charges based
on a residential dwelling being vacant and unoccupied.
[Ord. No. 2676 § 11, 6-5-2017; Ord.
No. 2961, 8-15-2022]
All garbage, trash and refuse collected by the Authorized Residential
Collector or accepted for disposal shall be disposed of in a landfill
authorized and approved by the State of Missouri. The Authorized Residential
Collector shall dispose of all garbage, trash and refuse only in a
manner consistent with applicable Federal and State law and pursuant
to any regulations as promulgated by the Board of Health.
[Ord. No. 2676 § 12, 6-5-2017; Ord.
No. 2961, 8-15-2022]
A.
The Authorized Residential Collector shall make one (1) collection
each week for residential users, on the same day of each week, with
exceptions of legal holidays. Collection for residential users shall
be curbside only, with the exception of alleys that are reasonably
accessible to both the Authorized Residential Collector and the residential
user.
B.
The Authorized Residential Collector shall make any additional collections
requested by residential users and be entitled to make an additional
charge therefore to be negotiated with the residential user requesting
such service, which shall be collected by the Authorized Residential
Collector.
C.
The Authorized Residential Collector shall not be required to make
collections on Sundays or legal holidays for any user.
[Ord. No. 2676 § 13, 6-5-2017; Ord.
No. 2961, 8-15-2022]
Every container shall be kept tightly closed between collections
or removal of its contents. Each residential user shall provide their
own container, with the provision that the Authorized Residential
Collector may contract with property owners to provide containers.
No person shall place any garbage, trash or rubbish in a container
other than his/her own. No person shall permit the garbage, trash
or both, of another person to be placed in his/her container. Each
residential user shall place their container at ground level on the
street curb line of their premises, or as close thereto as practical,
with the exception of those with alleys where alley pickup is acceptable
as determined by the Authorized Residential Collector.
[Ord. No. 2676 § 14, 6-5-2017; Ord.
No. 2961, 8-15-2022]
In the removal and transportation of garbage, trash, or both,
the Authorized Residential Collector shall use only vehicles with
sanitary, leak-proof and enclosed beds. While operated, the openings
in the bed of the vehicle shall be kept closed except when garbage,
trash, or both, is being deposited in the bed of the vehicle. The
inside of the bed of each vehicle shall be washed and cleaned as frequently
as needed to maintain a sanitary condition. The outer surface of the
vehicle shall be washed and painted as often as may be necessary to
preserve an acceptable appearance to the City.
[Ord. No. 2676 § 15, 6-5-2017; Ord.
No. 2961, 8-15-2022]
No person, other than the Authorized Residential Collector,
shall either collect, remove, transport or dispose of the garbage
or trash of any residential user from any premises within the City.
No residential user shall have or allow his/her garbage of trash to
be either collected, removed, transported or disposed of by any other
person, other than the Authorized Residential Collector, provided,
however, a person may collect, remove, transport and dispose of his/her
own garbage, trash or rubbish at the disposal area of the Authorized
Residential Collector. However, the residential user will still be
responsible for the monthly fee.
[Ord. No. 2676 § 16, 6-5-2017; Ord.
No. 2961, 8-15-2022]
A.
No person shall store or place any garbage, or trash, other than
paper, on any property owned, occupied or controlled by him/her unless
such materials are stored in a tightly enclosed container. The user
of the container shall cause the contents thereof to be emptied and
removed from the premises at least once each week.
B.
A person shall not allow garbage or trash to exist or accumulate
on any property owned or occupied by him/her; provided, that this
provision shall not apply to tenants of the owner storing garbage
and trash only in a tightly enclosed container on the premises.
C.
A person shall not place, permit to be placed or allow to exist or
accumulate outside of any building on premises owned, occupied or
controlled by him/her, any paper unless it is confined in a manner
to prevent its scattering by animals or the elements.
D.
A person shall not burn any trash in this City, on property owned,
occupied or controlled by him/her in accordance with all applicable
ordinances of the City.
E.
A person shall not permit any other person to burn garbage or trash
on property owned, occupied or controlled by him/her.
F.
A person shall not place any garbage, trash or rubbish on any public
property within the City or on any private property within the City
not owned, occupied or controlled by such person.
[Ord. No. 2676 § 17, 6-5-2017; Ord.
No. 2961, 8-15-2022]
Any person, firm, partnership, association, corporation or entity
violating any of the provisions of this Chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punished by
a fine of not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00), or by imprisonment in jail for not
longer than ninety (90) days, or by both such fine and imprisonment.
