City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rockwood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Blight — See Ch. 36.
Hazardous spills — See Ch. 108.
Industrial pretreatment regulations — See Ch. 115.
Littering — See Ch. 130.
Property maintenance — See Ch. 176.
Abandoned refrigerators — See Ch. 187.
Weeds — See Ch. 261.
[Adopted 8-19-1992 by Ord. No. 309]

§ 212-1 Definitions.

As used in this article, unless the context specifically indicates otherwise, the following terms shall have the meanings indicated:
ACCEPTABLE BULK ITEMS FOR COLLECTION
Any bulk item which cannot be fully contained within a City collection bag or which exceeds 30 pounds.
APPROVED CONTAINER
A container provided for or approved by the City for the purpose of collecting all recyclables.
ASHES
Residue from fires, including, but not limited to, fires used for cooking and/or heating buildings.
BULK ITEMS
Large items, such as furniture, bed springs, stoves, washing machines, hot water tanks, storm windows, furniture, large appliances and other such items, incidental to housekeeping for and in single-family residences and condominiums, as defined in the definition of "premises" below in this § 212-1. The term "bulk item" does not include discarded appliances resulting from an appliance replacement program in a multifamily residential building and/or multifamily residential complex. Further, the term "bulk item" does not include refrigerators or freezers or any other appliance containing Freon gas, chlorofluorocarbons, (CFC's) and certain hydrochlorofluorocarbons (HCFC's). Before such appliances can be collected by the City or its designated waste hauler, the Freon (CFC's or HCFC's) must be removed pursuant to Section 608 of the Clean Air Act (1990), as amended, by a licensed contractor, who will tag the appliance for pickup.
COMMERCIAL RUBBISH
Miscellaneous waste and materials resulting from business operations of every kind, which waste and materials have been abandoned as worthless and having no property value, or which would constitute a nuisance when allowed to accumulate.
COMPOSTABLES/YARD WASTE
The miscellaneous organic waste material resulting from landscaping and/or maintenance of a home and/or property, including but not limited to grass clippings, weeds, fallen leaves, scrub and plant clippings, plant materials, twigs and tree trimmings less than three feet, two inches in diameter. The term "compostables/yard waste" does not include stumps, agricultural waste, animal waste, roots, sewage sludge or garbage.
CONSTRUCTION WASTE
Miscellaneous waste and materials resulting from construction, alteration, repair, demolition and renovation, and includes earth, offensive dirt and fill dirt from excavations, which waste and materials have been abandoned as worthless and having no property value, or which would constitute a nuisance when allowed to accumulate.
DOMESTIC RUBBISH
Waste material and refuse of every character from normal household or living conditions, including but not limited to house dirt and trash, except garbage. In general, rubbish is paper, rags, bottles, tin cans, glass, cardboard, worn-out clothing, furniture, excelsior, offensive dirt and the like, which have been abandoned as worthless and having no property value, or which would constitute a nuisance when allowed to accumulate.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation and cooking of food. It is composed largely of organic matter and its natural moisture content, and does not include more than a minimum amount of free liquids. The word "garbage" also includes garbage originating primarily in kitchens, cafeterias, stores, markets, restaurants, hotels and plants, or similar industries, and large quantities of condemned food products or oyster or clam shells.
GENERATOR
A person who generates solid waste, rubbish, recyclable material, yard waste, hazardous waste and any abandoned or worthless material having no property value, or which would constitute a nuisance when allowed to accumulate.
HAZARDOUS WASTE
Any material or substance which, by reason of its composition or characteristics, is:
A. 
Hazardous waste as defined in the Solid Waste Disposal Act, 42 USC 6097 et seq., as amended, replaced or superseded, and the regulations implementing the same;
B. 
Material, the disposal of which is regulated by the Toxic Substance Control Act, 15 USC 2601 et seq., as amended, replaced or superseded, and the regulations implementing the same;
C. 
Special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954; or
D. 
Hazardous waste as defined in Act 64 of the Public Acts of Michigan, 1979,[1] as amended from time to time, and as identified in the reasonable rules and regulations promulgated by the Director of Public Works and/or by regulations adopted by the State Department of Natural Resources.
INDUSTRIAL WASTE
Nonhazardous waste generated by industrial users.
MEDICAL WASTE
Needles, syringes, scalpels, intravenous tubing, bandages, material subjected to bodily fluids, containers, etc., as defined in the Medical Waste Regulatory Act, MCLA 333.13801 et seq.
MIXED WASTE
A mixture of rubbish and garbage.
NONPROFIT INSTITUTIONAL WASTE
Waste from nonprofit institutions, such as public and private schools, churches, clubs, multifamily residences, etc.
NONRESIDENTIAL SITE OF GENERATION
Any commercial or industrial site, any modular house in a modular house park or mobile home in a mobile home park, or any multifamily dwelling containing five units or more.
PERSON
Any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity or any group of the same.
PREMISES
Any enclosed area or building unit used for residential purposes, separately or in combination, to which a separate street address, postal address or box, tax roll description or other similar identification has been assigned to, or is in use by, a person having control of the area.
RECYCLABLE MATERIALS
Newspaper, clear, brown or green glass bottles and jars, tin and/or steel cans and high-density polyethylene (HDPE) plastic containers.
RESIDENTIAL SITE OF GENERATION
Any site of generation containing a single-family dwelling unit or multifamily residential dwelling unit which contains four units or less, whether the same is designed as a single residential structure or a multifamily residential structure.
RUBBISH
All combustible and noncombustible waste materials from households, stores and institutions, including papers, boxes, baskets, leaves, bundled wood, rags, old shoes, leather, tin cans, rubber, ashes and similar discarded material and trash. The word "rubbish" shall also include tree trimmings, tied and untied, not to exceed eighteen inches in diameter, three feet in length and 50 pounds in weight. The word "rubbish" also includes material discarded from households, such as stoves, small household mechanical devices and other miscellaneous items. However, the word "rubbish" does not include tree stumps, abandoned automobiles, broken concrete, sod, demolition materials or tires.
SITE OF GENERATION
Any premises in or on which solid waste is generated by any person.
SOLID WASTE
Garbage, rubbish, yard waste, ashes, incinerator ash, incinerator residue, street cleanings and municipal and animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products, slag or slag products directed to a slag processor or to a reuser of slag or slag products, or recyclable material.
UNACCEPTABLE BULK ITEMS FOR COLLECTION
Includes, but is not limited to, refrigerators; freezers; logs; stumps; trees (except Christmas trees); building or demolition materials; concrete; rocks; abandoned or junk vehicles, including automobiles, trucks and buses; automobile or truck parts (excluding tires); and manufacturing or trade wastes.
WASTE HAULER
Any person engaged, in whole or in part, in the business of collecting, transporting, delivering or disposing of solid waste, recyclable materials or yard waste within the city.
YARD WASTE
Leaves, grass clippings, garden debris, shrubbery, brush or tree trimmings less than three feet in length and two inches in diameter, that can be converted to compost humus. The term "yard waste" does not include stumps, agricultural waste, animal waste, roots, sewage sludge or garbage.
[1]:
Editor's Note: MCLA 324.11101 et seq.

§ 212-2 Unlawful accumulations.

No person shall accumulate, place, dump, scatter or bury, or permit to be accumulated, placed, dumped, scattered or buried, in or on property or premises owned by him or her or under his or her control, any garbage, domestic or commercial rubbish, yard waste, bulk items, ashes, construction waste, manure or other form of solid waste which has no property value or constitutes a nuisance when so accumulated, except where such a substance is placed in a proper receptacle for removal and disposal by the city.

§ 212-3 Dumping restricted; issuance of permit for disposal.

No person shall dump, bury, place, scatter or deposit, or cause to be dumped, buried, placed, scattered or deposited, any garbage, domestic or commercial rubbish, yard waste, ashes, manure, bulk items, construction waste or other form of solid waste in any public place or on private property, with or without the owner's permission, except where such substance is dumped in a place designated by Council for such purpose or except where such substance is sold pursuant to a commercial arrangement for its commercial value and a permit is issued from the City upon a showing that such disposal method will not constitute a nuisance and upon the City setting forth conditions of the permit, which conditions will ensure that a nuisance will not occur if the permit is issued. When any such permit is issued, a violation of the conditions attached to it will cause the permit to be terminated immediately.

§ 212-4 Prohibited methods of disposal; tampering or scavenging.

A. 
No solid waste, rubbish, hazardous waste, bulk items or industrial special waste shall be disposed of within the City by burial or by dumping, nor shall solid waste, hazardous waste, bulk items or industrial special waste be disposed of into a lake, stream or other body of water. A person shall not place hazardous waste, industrial special waste or hot ashes at the curbside or other designated location for collection.
B. 
It shall be unlawful for any person, other than the owner or occupant, his or her employees or agent, City employees and/or the city's contractor, to tamper or meddle with, take, carry away, pick through or scavenge any container, bundle or approved container for recyclables and remove the contents thereof from the location where the same has been properly placed pending collection.

§ 212-5 Burning of garbage and rubbish; disposal of ashes.

A. 
No person shall burn garbage, rubbish or yard waste on any premises in the city.
B. 
All charcoal and ashes from barbecue pits, fireplaces or other stoves must be thoroughly cold and doused with water before being placed in rubbish containers. Large amounts of ashes from heating systems or other sources must be placed in metal containers.

§ 212-6 Transportation of waste and manure through city.

It is permissible for a person to transport garbage, rubbish, construction waste, ashes and other forms of waste through the city, provided that the vehicles used are watertight, do not give off offensive and unwholesome smells and do not otherwise constitute a nuisance. However, the transportation of manure through the City is hereby prohibited, except by a permit, which permit shall set forth conditions to ensure that such transportation shall not constitute a nuisance. A violation of such conditions shall be cause for the immediate termination of such permit.

§ 212-7 Disposal of dead animals.

A. 
The owner of a dead animal shall, within 24 hours after its death, dispose of the carcass before it spoils. Disposal shall be in such a manner that the carcass will not become a nuisance or dangerous to public health, but in no event by fire, burial or placing it in a receptacle for removal by the city.
B. 
Within such time the owner may remove the carcass himself or herself, by the agency of others, by sale or in a manner approved by the Chief of Police. If such removal is not accomplished within 24 hours, the City may remove the carcass for a reasonable fee set by Council.

§ 212-8 Collection by City or designated contractor.

A. 
Commencing on September 1, 1992, subject to Subsection B hereof, the City or its contract waste hauler shall collect residential or domestic solid waste, garbage, rubbish, domestic waste, ashes, compostables, yard waste, bulk items and/or recyclable material from residential sites of generation pursuant to a collection schedule established by the City and at a charge, tax, fee or assessment established from time to time by resolution of Council that is reasonably commensurate with the cost of such collection.
B. 
Commencing on October 1, 1992, the City shall discontinue collection of commercial rubbish, construction waste, hazardous waste, industrial waste, medical waste, unacceptable bulk items, nonprofit institutional waste or solid waste from any multifamily dwellings with five or more dwellings units, or from any nonresidential site of generation, including, but not limited to, commercial or industrial uses, mobile home parks, public and private schools, churches, nonprofit institutional uses and any other nonresidential site of generation which may have been previously collected by the city.

§ 212-9 Residential solid waste containers.

[Amended 11-21-2001 by Ord. No. 388]
A. 
Required violations. No person shall be permitted to accumulate upon his or her residential premises any solid waste unless it is placed and maintained in approved containers or tied into bundles for disposal on collection day. If proper containers are not provided by the property owner and/or occupant as provided in this section, the owner and/or occupant shall be notified by the City. If within one week he or she has not complied with such notice by providing proper containers, the failure to do so shall be considered a violation of this chapter.
B. 
Specifications for approved containers or bundles.
(1) 
All garbage, domestic rubbish and ashes shall be placed in metal or plastic receptacles of substantial construction with handles for easy lifting by one person. Such receptacles shall have a capacity of not more than 32 gallons' capacity nor shall any bundle, object or container weigh more than 50 pounds. Containers shall be provided with tightly fitted covers which are animal- or rodentproof.
(2) 
Garbage and domestic rubbish may be placed in approved paper or plastic bags. These bags may be used in lieu of regular metal containers. Bags must be placed at the place of pickup with tops folded, stapled, tied or otherwise fastened so that the garbage and rubbish will not scatter or litter the area if tipped or spilled.
(3) 
Shopping bags, cardboard or wooden boxes, barrels, paper sacks of other than approved types and bushel baskets will not be considered as proper containers and will be collected as rubbish upon notification by collectors.
(4) 
Containers shall be constructed with sides that are straight or sloping so that the top will be larger than the bottom.
(5) 
Any manure or offal from household pets or domestic animals must be placed in paper bags or wrapped so as not to be obnoxious or offensive.
(6) 
All garbage shall be securely wrapped and drained of excess liquid before being placed in containers.
(7) 
Solid waste containers shall not have jagged or sharp edges likely to cause injury to collectors. Such containers are hereby declared to be in violation of this chapter and shall be collected as rubbish. After due notice by the City, all fifty-gallon drums or other such metal containers cut in half to meet size requirements shall be declared to be in violation of this article and shall be collected as rubbish.
(8) 
All tree trimmings, brush, branches and twig shall be tied in bundles less than three feet in length and weighing no more than 50 pounds.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 212-10 Distribution and replacement of recycling containers; separation of recyclable materials.

A. 
The city, at its own expense, shall distribute to each unit of residential site of generation a city-approved recycling container. The container shall remain the property of the City and shall be visibly designed as such.
B. 
Commencing on July 1, 1992, all persons who are owners, lessees or occupants of any residential site of generation shall separate all recyclable materials and place them in an approved recycling container at the curb on their designated collection day.
C. 
If a recycling container is lost, stolen or damaged, it shall be the responsibility of the property owner to replace the receptacle with a recycling container approved by the city, unless such loss, theft or damage is the fault of the solid waste collection contractor. All recycling containers shall remain the property of the city. Any unauthorized possession of recycling containers shall be a violation of this article.
D. 
Nonrecyclable materials shall not be placed in the recycling containers.
E. 
In addition to the other penalties imposed pursuant to this article, failure to separate recyclables as required in this section excuses the City and/or its contractors from any obligation to remove the solid waste from the curb.

§ 212-11 Placement, collection and removal of solid waste and recycling containers.

[Amended 9-19-2110 by Ord. No. 384]
Receptacles, solid waste and recycling containers shall be placed between the sidewalk and the street after 6:00 p.m. the day preceding the day scheduled for collection. All empty receptacles or containers so placed shall be removed from the curb by 6:00 p.m. The collection day for recyclable material may be separate from the day scheduled for the collection of solid waste, garbage and/or rubbish as set by the City or its authorized representative. Recyclable containers shall be placed and removed during the same time frame as set for solid waste containers. all brush and tree cuttings shall be placed at the street curb and collected by the City at such time as designated by the City.

§ 212-12 Deposit of dangerous materials in public and private places.

No person shall deposit, leave or allow to remain in any public street, alley or public place, or in or on any private place or premises, any glass, metal, stone, earthenware, tacks, nails, cinders, concrete, dirt, sod or other substance of a nature likely to cause injury to children, travelers, pedestrians or animals.

§ 212-13 Use of sidewalk receptacles; littering.

Public sidewalk receptacles are for use of pedestrians only and shall not be used by vendors or by occupants of adjacent premises. Newspapers, handbills and wastepaper or other litter shall not be scattered or thrown upon public or private property, but shall be deposited in private or public rubbish receptacles.

§ 212-14 Burning contents of containers.

No person shall burn the contents of any metal container, light a fire in such a container or place in such a container any substance or hot material that may cause a fire.

§ 212-15 Responsibility of adjoining landowners to clean public ways. [1]

Where any substance has been deposited in violation of this article on any alley, street or easement, the owner or occupant of the lot or premises adjoining such alley, street or easement shall remove, from 1/2 of such alley, street or easement adjoining such lot or premises, all such substances. Every occupant of premises abutting upon an alley, street or easement shall keep his or her adjoining half of such alley, street or easement in a clean, neat and orderly condition and shall keep all weeds and grasses removed or cut to a height not to exceed 10 inches at all times.[2]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]:
Editor's Note: See also Ch. 261, Weeds.

§ 212-16 Disposal of medical waste.

A. 
Needles, syringes, scalpels, intravenous tubing with needles attached, liquid or material exposed to bodily fluids shall be disposed of in a waste container that is constructed to prevent injury to those persons involved in waste collection and/or disposal.
B. 
Needles, syringes, scalpels and intravenous tubing with needles attached shall be rendered useless by breaking the needle, syringe, scalpel and/or intravenous tubing with needles attached prior to disposal in an appropriate waste container.
C. 
Medical waste, as defined in the Medical Waste Regulatory Act, MCLA 333.13801 et seq., shall be disposed of pursuant to the procedures and requirements set forth in said Act.

§ 212-17 Disposal of scattered refuse; unacceptable materials or bulk items; notice to remove.

A. 
The owner or occupant of any site of generation shall promptly clean up and remove any scattered solid waste, rejected items, recyclable material and/or yard waste resulting from the breakage or opening of any collection bag, can or other container or refuse bag intended for collection from the residential site of generation unit within 24 hours after the same has been scattered.
B. 
Within 24 hours after written notification by the city, the owner or occupant of a residential site of generation shall, in accordance with this article, properly dispose of any such scattered refuse, any rejected items, any collection bag (and the contents thereof) intended for collection which is either broken or otherwise open, any collection bag which weighs in excess of 30 pounds, any collection bag which contains unacceptable bulk items or materials for collection or any collection bag or bulk item which was placed on the curb in front of the unit prior to 7:00 p.m. of the day preceding the collection day or later than 7:00 a.m. of the day of collection.
C. 
Notification shall be in writing and sent by first class mail to the owner or party in interest of the property on which or in front of which the violation of this article exists. The name and address of the owner or party in interest of the site of generation shall be determined from the last local tax assessment record for the property. Notice shall also be given to the occupant of the property on which or in front of which the violation exists by either giving a copy of the notice personally to a person at the residence or by sending a copy of the notice by first class mail to the "occupant," as addressee, addressed to the property, if there is a site of generation thereon, and by posting a copy of the notice in a conspicuous place at the property or on a building thereon.

§ 212-18 Declaration of nuisance; abatement; violations.

Any solid waste, rubbish, recyclable material and/or yard waste accumulated in a manner which is a public nuisance, any scattered solid waste, rejected items, recyclable material and/or yard waste, broken or open collection bag, collection bag in excess of 30 pounds, collection bag containing unacceptable materials or collection bag placed in front of a site of generation contrary to any collection procedure referred to in this article, or any unacceptable bulk item or bulk item placed in front of a site of generation contrary to collection procedures referred to in this article, is hereby declared to be a public nuisance and is subject to removal and/or abatement. If a violation of this article is not corrected within seven days after notice is given, then the city, through its Public Works Director or authorized representative, agent or designee, may issue a citation for a violation of this article and/or remove or abate the nuisance. Failure to separate recyclable material from solid waste in violation of this article shall also result in graduated enforcement actions, as promulgated by the Public Works Director and approved by Council, beginning first with one or more warnings leading up to full enforcement as determined by the city.

§ 212-19 Fees; liens. [1]

Unpaid fees for the collection and disposal of solid waste and/or recyclable materials or other services provided pursuant to this article shall become a lien against the property for which the services have been provided if the amounts are delinquent for three months or more. Said amounts may be certified annually by the City Assessor and shall be entered upon the next tax roll against the property to which the services have been provided. Fees shall be collected and the lien enforced in the same manner as provided for in the collection of taxes assessed upon the tax roll and the enforcement of the lien for unpaid taxes. The time and manner of certification and other details with respect to the collection of the fees is to be established by resolution of Council. This lien remedy does not preclude any other remedy provided for by law.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 212-20 Schedule of routes and days for collection service.

The schedule of routes and days for collection service shall be determined by resolution of Council and shall be published by the Director of Public Works. A copy of the schedule shall be kept in the office of the City Clerk.

§ 212-21 Promulgation of rules by Director of Public Works.

The Director of the Department of Public Works or his or her designee shall have the authority to promulgate rules and regulations concerning the implementation of this article.

§ 212-22 Enforcement; issuance of citations.

Authorized employees and representatives of the Police Department and the Department of Public Works are hereby authorized to issue citations to any person violating the provisions of this article.

§ 212-23 Penalty.

A violation of any provision of this chapter shall be a municipal civil infraction, punishable as provided in Chapter 1, General Provisions, Article II.