[HISTORY: Adopted by the City Council of the City of Rockwood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-19-1992 by Ord. No. 309]
As used in this article, unless the context specifically indicates
otherwise, the following terms shall have the meanings indicated:
Any bulk item which cannot be fully contained within a City
collection bag or which exceeds 30 pounds.
A container provided for or approved by the City for the
purpose of collecting all recyclables.
Residue from fires, including, but not limited to, fires
used for cooking and/or heating buildings.
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.
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.
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.
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.
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.
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.
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.
Any material or substance which, by reason of its composition
or characteristics, is:
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;
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;
Special nuclear or by-product material within the meaning of
the Atomic Energy Act of 1954; or
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.
Nonhazardous waste generated by industrial users.
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.
A mixture of rubbish and garbage.
Waste from nonprofit institutions, such as public and private
schools, churches, clubs, multifamily residences, etc.
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.
Any individual, firm, public or private corporation, partnership,
trust, public or private agency or any other entity or any group of
the same.
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.
Newspaper, clear, brown or green glass bottles and jars,
tin and/or steel cans and high-density polyethylene (HDPE) plastic
containers.
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.
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.
Any premises in or on which solid waste is generated by any
person.
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.
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.
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.
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.
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.
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.
A.Â
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.Â
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.
A.Â
No person shall burn garbage, rubbish or yard waste on any premises
in the city.
B.Â
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
[Amended 11-21-2001 by Ord. No. 388]
A.Â
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.Â
Specifications for approved containers or bundles.
(1)Â
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)Â
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)Â
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)Â
Containers shall be constructed with sides that are straight or sloping
so that the top will be larger than the bottom.
(5)Â
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)Â
All garbage shall be securely wrapped and drained of excess liquid
before being placed in containers.
(7)Â
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.
A.Â
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.Â
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.Â
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.Â
Nonrecyclable materials shall not be placed in the recycling containers.
E.Â
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.
[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.
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.
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.
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.
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]
A.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.
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.
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.
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.
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.
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.
