[HISTORY: Adopted by the City Commission of the City of Lapeer
as Ch. 4 of the 1978 General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Stoves, refrigerators, water tanks, washing machines, furniture
and other household waste of this nature.
Tree, shrub and brush trimmings, newspapers and/or magazines
securely tied together forming an easily handled package, not to exceed
four feet in length or 50 pounds in weight.
The miscellaneous waste material, such as garbage, rubbish
and ashes, resulting from the operation of business enterprises and
institutions. Such term includes construction waste but excludes industrial
trade waste.
Waste from building construction, alteration, demolition
or repair and dirt from excavations.
A receptacle with a capacity of 20 gallons or greater, constructed
of plastic, metal or fiberglass, having a tight-fitting lid, being
watertight and verminproof. No container shall have ragged or sharp
edges or any other defect liable to hamper or injure any person depositing
refuse is or collecting the contents thereof.
That portion of a right-of-way adjacent to paved or traveled
City roadways.
A residential premises refuse collection service option which
allows the customer to place an unlimited amount of residential refuse
generated at such residential premises at the curb for pickup once
a week.
Rejected food wastes, including waste accumulation of animal,
fruit or vegetable matter used or intended for food that attends the
preparation, use, cooking, dealing in or storing of meat, fish, fowl,
fruit or vegetables.
Waste, or a combination of waste and other discarded material,
including solid, liquid, semisolid or contained gaseous material,
which, because of its quality, concentration or physical, chemical
or infectious characteristics, may cause or significantly contribute
to an increase in mortality or an increase in serious irreversible
illness or serious incapacitating, but reversible illness, or pose
a substantial present or potential hazard to human health or the environment,
if improperly treated, stored, transported, disposed of or otherwise
managed. "Hazardous waste" does not include material which is sold
for recycling or treatment or stored for one year or less, solid or
dissolved material in domestic sewage discharge, solid or dissolved
material in an irrigation return flow discharge, authorized industrial
discharge to a municipal treatment system or industrial discharge
which is a point source subject to permits under Section 402 of the
Clean Water Act of 1977, 33 U.S.C. § 1342, or is a source,
special nuclear or by-product material, as defined by the Atomic Energy
Act of 1954, 42 U.S.C. §§ 2011 to 2282. (See MCLA § 324.11101
et seq., Hazardous Waste Management, PA 1994, No. 451, as amended.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All trade wastes peculiar to industrial manufacturing or
processing plants, including hazardous refuse, but not including commercial
refuse.
A person who has been issued a license by the City to collect,
transport or dispose of refuse.
A parcel of land containing five or more residential units.
Commercial, industrial or other institutional premises.
The burning of materials wherein products of combustion are
emitted directly into ambient air. Open burning does not include road
flares, smudge pots and similar devices associated with safety or
occupational uses.
[Amended 1-11-2007]
A polyethylene or similar plastic bag of not less than 1
1/2 mils thickness, designed to store refuse and secure in a manner
to prevent spillage, leakage or other release of its contents by the
use of wire, string or ties appropriate for this purpose. The total
weight of a bag and its contents shall not exceed 50 pounds and not
be used for compost materials.
[Amended 9-13-2007]
A parcel of land including any building, improvement or appurtenance
thereon, which, by legal construction or by actuality, forms on enclosure
with it.
Glass (brown, green and clear), plastic No. 2 (milk jugs, etc.), tin (Campbell soup cans, etc.), and aluminum (e.g., cat food cans), and such other material capable of being recycled as may be specified in the regulations promulgated pursuant to § 4-3.
Putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, incinerator ash, incinerator
residue, small dead animals, bulky waste, and solid construction,
hazardous industrial and market wastes.
A parcel of land containing four or fewer residential units.
Refuse generated from normal household use. "Residential
refuse" does not include commercial refuse, construction waste, hazardous
waste, industrial waste or small dead animals exceeding 10 pounds
in weight.
Nonputrescible solid waste, excluding ashes, consisting of
both combustible and noncombustible waste, including paper, cardboard,
metal containers, yard clippings, tree trimmings, wood, glass, bedding,
crockery, demolished building materials, or litter of any kind that
may be a detriment to the public health and safety.
Carcasses of small animals, fish and fowl not exceeding 10
pounds in weight.
The accumulation of materials which are awaiting collection,
transportation, and disposal.
[Amended 9-25-1991]
Every owner, occupant, or person in possession of a residential
or nonresidential premises in the City is required to have accumulations
of refuse removed and disposed of in accordance with this chapter
and in accordance with rules and regulations promulgated under this
chapter.
The City Manager is hereby authorized to make such rules and
regulations as from time to time appear to him or her to be necessary
to carry out the intent of this chapter, provided that such rules
are not in conflict with this or any other law of the City or other
appropriate governmental unit, and provided, further, that such rules
are approved by the City Commission. Failure to observe any approved
rule or regulation shall be a violation of this chapter. Such rules
and regulations shall be published and available for distribution
at the City Clerk's Office.
No owner, occupant, tenant or lessee of any building, structure,
property or premises in the City shall store, collect, transport or
dispose of any refuse, garbage, rubbish or other rejected, unwanted
or discharged waste materials, except in compliance with this chapter
and applicable state, federal and local laws, rules and regulations.
All garbage intended for collection shall be drained of all
free liquid. The garbage shall be wrapped or placed in closed containers.
The owner, contractor, occupant or other person responsible
for construction work shall remove from the land, within a reasonable
time after the completion of such construction work, all construction
waste. Such materials shall be removed to an approved disposal area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Hazardous waste disposal shall be the responsibility of the
person who produced, used or possessed the same and shall not be disposed
of within the City. MCLA § 324.11101 et seq., Hazardous
Waste Management (PA 1994, No. 451)., as amended, shall apply where
appropriate.
The owner and/or occupant of all premises within the City shall
provide containers of sufficient number and size for the storage of
refuse between collections. All containers shall be kept clean and
in good repair.
All owners or persons in control of construction and demolition
sites shall provide adequate numbers of containers for loose debris,
paper, building material waste, and other trash produced by those
working on the site. All loose refuse shall be containerized at the
end of each day, and the site shall be kept in a reasonably clean
and litter-free condition.
All owners or persons in control of parking lots, including
drive-in restaurants, tavern, shopping centers, supermarkets and grocery
stores, shall have an adequate number of refuse containers. All persons
using such parking areas shall use such refuse receptacles or containers
for the purposes intended, and no person shall dump, scatter or throw
upon any such parking lot any refuse, garbage or trash of any kind.
[Amended 9-25-1991]
A.
Garbage shall be wrapped or placed in closed containers. Rubbish
shall be placed in a container so as to prevent scattering or littering,
or may be cut, baled, tied, bundled or packaged so as not to exceed
50 pounds in weight or four feet in length. Residential refuse that
is larger than that which can be stored according to this section
shall be stored in accordance with rules and regulations promulgated
pursuant to this chapter.
B.
Recyclable material shall not be wrapped in plastic nor paper bags
when placed in the recyclable bins for the curbside pickup. Only the
recyclable material itself shall be placed in the recyclable material
bins.
A.
Every owner, occupant or person in possession of residential premises
in the City shall provide for his or her residential unit adequate
numbers of proper containers or receptacles, as provided in this chapter.
Containers must be located in such a manner as to prevent them from
being overturned. Containers shall be kept in a clean and sanitary
condition and free from any substance which will attract or breed
flies, mosquitoes or other insects.
B.
Every owner, occupant or person in possession of residential premises
in the City shall keep recyclable material bins and garbage containers
in a clean and sanitary condition and free from any substance which
will attract or breed flies, mosquitoes, or other insects. The bins
and containers must be located in such a manner so as to prevent them
from being overturned.
C.
Rubbish and yard waste which cannot be secured in a container may
be secured in bundles or may be deposited in biodegradable paper bags.
No plastic bags are allowed or will be picked up that contain yard
waste.
[Amended 9-13-2007]
D.
For bulky waste, containerization is not required. However, such
bulky waste items shall be secured so as to prevent scattering.
E.
No person shall use plastic bags for unprotected outdoor storage or refuse. Plastic bags containing all forms of refuse, with the exception of compost material (grass, leaves, etc.), may be set out for scheduled collection in accordance with § 4-15. Storage of plastic bags containing refuse shall be considered unprotected when not used as liners for approved containers or not place in an enclosure affording reasonable protection.
[Amended 9-13-2007]
F.
No person shall use a refuse container of another.
[Amended 6-24-1992]
A.
For residential premises, and for mobile home parks, licensees shall:
B.
Licensee may offer other options for different types of collection
service to owners and/or occupants of dwelling units, but licensee
must include the pickup of recyclable materials at least once a week
with any other option of collection service offered to owners and/or
occupants at residential premises and to owners and/or occupants of
individual dwelling units in mobile home parks.
For curbside unlimited collection, all containers, bags, bundles
and bulky wastes shall be place at curbside in a manner to prevent
scattering. The licensee may decline to collect any container, bag,
bundle and bulky waste item not so placed. Doors from refrigerators
and freezers must be removed before being stored for collection.
[Amended 9-25-1991]
For residential premises, recyclable material, garbage or refuse
shall not be placed for collection earlier than 1:00 p.m. on the day
prior to scheduled collection. After the collection of refuse and/or
recyclable material has been made, empty bins and containers shall
be removed by the customer from the curb area no later than 9:00 a.m.
on the day following collection.
A.
Accumulations or deposits of refuse remaining on premises are hereby
declared to be a nuisance. No owner or occupant of any premises within
the City shall permit the accumulation of refuse upon the premises
for a period of more than 10 days. No person shall permit accumulations
or deposits of refuse to remain upon premises occupied or owned by
him or her, except as permitted by this chapter.
B.
The City shall first investigate the existence of an alleged nuisance
to determine whether or not a nuisance exists and to further determine
the person who has created or is committing or maintaining such nuisance.
The City shall then give written notice to the person responsible
for the creation, commission or maintenance of such nuisance, specifying
in particular the nature thereof, the corrective action to be taken
to abate the same and the time limit for the abatement of such nuisance,
which shall be a reasonable time. If, at the expiration of the time
limit in such notice, the person responsible for the commission, creation
or maintenance of the nuisance has not complied, the City may initiate
such cleanup as identified in the notice. The cost of such cleanup
shall be a debt owed the City by the person responsible for the commission,
creation or maintenance of such nuisance, and if the nuisance is attributable
to the use, occupancy or ownership of any land or premises within
the City, such cost may be charged against such premises.
[Amended 9-25-1991]
No person other than the owner or person lawfully in control
of any premises or any authorized employee of a person licensed by
the City for the collection or removal of refuse, shall interfere
in any manner with a container or plastic bags used for the accumulation
or storage of refuse or recyclable material or remove any such container
from the location where it shall have been placed by the owner or
person lawfully in control of the premises; nor shall any such person
disturb or remove refuse or recyclable matter placed for collection.
No person shall dump, deposit, place or scatter any refuse,
ashes or yard wastes within the City, except at an approved disposal
area and in compliance with applicable local, state and federal laws,
rules and regulations.
A.
No person shall cast, spill, place, sweep or deposit anywhere within
the City any refuse in such a manner that it may be carried or deposited
by the elements upon any street, sidewalk, alley, sewer, parkway or
other public place, or onto any other premises within the City.
B.
The owner and/or occupant of any premises shall clean up and remove
any scattered refuse resulting from the breakage, opening or handling
of any container, plastic bag or receptacles placed by him or her
for collection from the premises after the same has been scattered.
Any person owning or having a possessory interest in any lot
or parcel of land within the City which is vacant is responsible for
securing, collecting and disposing of refuse which may accumulate
thereon by contracting with a person licensed in accordance with this
chapter or by self-removal through proper collection and storage of
refuse, transporting the refuse in a manner to prevent littering or
any other nuisance and depositing the same at an approved disposal
area, in accordance with applicable local, state and federal laws,
rules and regulations.
A.
No persons shall kindle or maintain any open fire or authorize any
such fire to be kindled or maintained on any premises without having
obtained a permit or other proper authorization therefor from the
fire code official. This restriction shall not apply to the use of
charcoal and similar materials for the purpose of food preparation.
Burning of firewood, lumber, construction waste, furniture, brush,
leaves, grass, garbage, small dead animals, any material made of or
coated with rubber, plastic, leather, petroleum based materials or
flammable or combustible liquids is prohibited.
B.
Exceptions.
(1)
The fire code official may permit the burning of firewood for warming
purposes only, and only at commercial or special events. Permits will
be issued solely at the discretion of the fire code official, based
on weather and property conditions.
[Amended 1-11-2007]
(2)
Daily use of the designated pit at the water tower travel trailer
park is permitted between May 1 and October 31 unless a local burning
ban has been imposed by the fire code official. The fire pit is available
for the use of persons staying at the campground and by City residents
by appointment.
[Amended 9-18-2008]
No person shall scavenge refuse left for disposal or rifle the
same, and no person shall damage or destroy bags or containers of
refuse placed for storage.
No person shall engage in the business of collection, transportation
or disposal of refuse in the City without first obtaining a license
therefor as provided in this chapter.
A.
Application for a license under this chapter shall be made in writing
to the City Clerk's office upon blanks furnished by such office.
Each applicant in such application shall state the following:
(1)
Name of individual completing application.
(2)
Residence and business address.
(3)
The number, year, and style of vehicles to be used and owned by the
applicant.
(4)
Place or places where vehicles to be used are parked overnight.
(5)
Whether applicant has ever been denied a license similar to the one
being requested for any other municipality.
(6)
Whether the applicant has ever had a license revoked for any other
municipality.
(7)
How many years the applicant has been in business as a solid waste
hauler under the present business name.
(8)
Supply a financial statement of applicant.
(9)
Two municipal references.
(10)
Customer fee schedule.
B.
Such application shall also contain an agreement by the applicant
to comply with all provisions of this chapter and all other laws,
ordinances, rules and regulations applicable to the conduct of such
business now in force or which may hereafter be adopted.
A licensee shall indemnify the City from any and all liability,
loss or damage, including court costs and attorney fees, which the
City may suffer from as a result of claims, demands, settlements,
or judgments against it arising from activities relating to refuse
collection and disposal.
All vehicles of any licensee carrying refuse under this chapter
shall have on both sides thereof a sign containing the name of the
licensee, with the telephone number and the number of the vehicle,
all of which shall be painted thereon in plain and unobscured letters
not less than four inches in height. The number of the vehicle shall
be registered in the office of the City Clerk.
[Amended 9-19-2011]
Every person who engages in the business of collection, transportation
or disposal of refuse in the City shall meet the bonding and reasonable
insurance requirements established by the City. The license year shall
be from July 1 to the succeeding June 30 and the fee shall be payable
in advance. The licensing fee shall be as listed in the City of Lapeer
Fee Schedule.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
City offices.
The City Manager may recommend that the City Commission consider
the revocation of any license issued pursuant to this chapter. The
licensee shall be given an opportunity to appear before the City Commission
and present evidence as to why a license should not be revoked. Ground
for revocation of a license include the following:
A.
Making of any false or misleading statements in the application for
a license.
B.
Operating the licensed vehicles in a manner causing or likely to
cause damage to persons or property.
C.
Conviction of a licensee or any employee of licensee of any criminal
offense reasonably related to the issue of whether the licensee is
suitable to continue as a licensee.
D.
Violations by the licensee or any employees of the licensee of any
of the terms and provisions of this chapter.
E.
The licensee or any employees of any licensee using abusive language
to City residents or City employees, creating a disturbance in the
performance of the work under this license, damaging property during
the performance of the work under this license, or creating or maintaining
a traffic hazard during the performance of the work under this license.
Vehicles used in the transportation of refuse shall be kept
clean and in good repair. The hauling body shall be watertight and
completely enclosed on all sides. Vehicles shall be maintained and
operated so that no portion of their contents is spilled or allowed
to remain on any public highway. All vehicles shall be cleaned at
intervals frequent enough to maintain the unit in a sanitary condition
as free from disagreeable odor as possible to prevent nuisance or
vermin attraction. A vehicle that fails to meet the requirements of
this chapter shall be removed from service until it complies or its
use shall be discontinued.
[Amended 8-12-1987; 9-27-1991]
A.
The openings of each vehicle shall be closed and doors or covers
shall be secured by an adequate latch or restraining mechanism to
keep them closed while transporting refuse. The driver and licensee
shall see that the available cover is in the proper position. A special
covering shall be used where conditions require control of odor, vermin,
liquids, dust or smoke.
B.
It shall be the duty of licensee to transfer the contents of all
containers for which they have contracted for collection with a customer
into vehicles licenses under this chapter, using care to avoid spilling.
It shall be the duty of the licensee or his or her designated agent
to clean up all garbage or rubbish spilled during collection and completely
empty the containers and replace the lids thereon.
C.
Each vehicle shall be loaded in a manner to minimize the spilling
of materials.
D.
The operator of a refuse transporting unit shall be responsible for
immediately cleaning up any spillage which might occur.
E.
No vehicle shall be parked in a residential area longer than necessary
to collect refuse unless it is parked not less than 500 feet from
adjacent residences. Vehicles shall not be parked or stored at any
location so as to cause a hazard to health or nuisance.
F.
All licensees shall provided a toll-free telephone number to receive
complaints through normal daytime business hours and provide someone
to answer and dispose of such complaints within 24 hours.
G.
The licensee shall not damage cans which are owned by customers or
other property while making collections and shall return cans to their
designated place of collection.
H.
A complaint log shall be maintained by the licensee indicating the
time and date complaints are received and the date and time the responsive
action was taken.
I.
No refuse shall be collected from residential premises in the City
except between the hours of 6:00 a.m. and 6:00 p.m.
J.
Licensee shall not raise the rates or charges for the work performed
under this license during the duration of such license without the
prior approval of the City Commission.
K.
Licensee serving residential premises and mobile home parks shall
provide a semiannual report to City which lists the number and percentage
of customers participating in recycling and which describes how and
where the recyclable materials are disbursed. The report shall include
such documentation, records, receipts, and other objective information
as shall be reasonably necessary for the City to determine that no
materials collected in the recycling program were sent to a landfill,
incinerator, or otherwise not properly recycled.
