[Ord. No. 1034, 1-8-1992;[1] amended Ord. No. 1122, 9-21-1994; Ord. No. 1142, 3-15-1995;10-17-2012 by Ord. No. 1593; 1-17-2018 by Ord. No. 1718]
For the purposes of this chapter, the following words and phrases
shall, except as otherwise expressly provided, have the meanings respectively
ascribed to them by this section:
The residue resulting from the burning of wood, coal, coke,
or other combustible material.
A hauler who is licensed by this chapter to pick up and dispose
of refuse from all persons or entities except residential service
users.
Includes, irrespective of any other provisions in this Code,
typical residential yard clippings of leaves, grass, garden plants
and waste, shrubbery, and similar natural plant materials; it may
also include kitchen wastes, such as lettuce, cabbage, carrots, potatoes,
apples, orange rinds, and other vegetable and fruit wastes that are
normally considered refuse or garbage and that may be incorporated
into a composting operation. Compost may include commercial decomposition
additives.
A commercial or homemade container designed for decomposition
of yard clippings and other compost.
The process of decomposing compost and other yard clippings
for the purpose of recycling compost into reusable soil additives.
The designated day established by this chapter for the collection
of refuse, garbage, recyclable materials, or rubbish by the designated
contract hauler(s) of the City in the designated residential collection
zones of the City. Except as otherwise set forth in this chapter,
the day of collection of yard clippings is the same day designated
for the collection of refuse, garbage, and recyclable material.
The person(s) or entity(ies) who contract with the City for
the pickup and disposal of refuse, garbage, recyclable materials and
yard clippings from all residential service users of the City in accordance
with the terms of the contract.
In addition to its regular meaning, the term "disposal" shall
include the storage, collection, and handling of refuse and recyclable
materials and yard clippings.
The Director of the Department of Community and Neighborhood
Services or his or her authorized representative.
The open, unoccupied space between the front line of the
building, excluding steps and unenclosed porches, and the street line,
and extending for the full width of the lot. On a corner lot, the
narrowest lot dimension along a street line shall be deemed to be
the front lot line.
All animal and vegetable wastes resulting from the handling,
preparation, cooking, or consumption of foods, or other putrescible
wastes, but shall not include yard clippings as defined in this chapter.
A material recovery facility.
A space unoccupied, except by an accessory building or use as permitted by Chapter 39 of this Code, extending for the full width of the lot, between any building other than a building or accessory use and the rear lot line.
A composting operation established in the rear yard of a
residential lot within the City.
Material that is commingled and/or presorted and designated
to be separated from refuse prior to the collection of refuse and
delivered to MRF which shall include but not be limited to:
ALUMINUM MATERIALSCans and foil and such other aluminum products as shall be determined by the City.
CORRUGATED CARDBOARDPaper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two flat surfaces for the sake of strength, and that is commonly used to form cartons.
GLASSBottles and jars, made of silica, sand, soda ash, and limestone being transparent or translucent, and used for packaging or bottling of various materials. This definition does not include plastics or glass products, such as window glass, blue glass, flat glass, mirrors, plate glass, safety glass, light bulbs, ceramics, or pieces of broken glass.
HIGH-GRADE PAPERComputer paper, tab cards, white letterhead, ledgers, and nonglossy copier paper.
NEWSPAPERSNewspaper-grade paper, the common, inexpensive, machine-finished paper made chiefly from wood pulp, which is printed and distributed. This definition does not include magazines, slick paper, and telephone books.
PLASTICSColorless or colored plastic that is high-density polyethylene ("HDPE"), including plastic milk jugs and other plastic containers of HDPE material.
TIN CANSSteel and tin-coated cans.
Such other recyclable materials that are designated for recycling,
collection, and disposal by the City but which shall not include yard
clippings as defined in this chapter.
All solid wastes, except bodily waste and recyclable materials,
and such words shall include garbage, ashes, and rubbish.
The service for collection and disposal of refuse, recyclable
material and yard clippings provided by the schedule of the designated
contract hauler(s) as administered through its (their) contract with
the City.
The owner, tenant, and/or occupant of a building or structure
of four or fewer residential units. For each tenant-occupied residential
unit, both owner and tenant shall be deemed to be residential service
users.
That portion of a building or structure constructed, designed,
or used for residential occupancy, including but not limited to portions
of buildings or structures created for residential occupancy by the
conversion of single- or multifamily residences.
Includes, but is not limited to, glass, metal, paper, plant
growth, wood or nonputrescible solid wastes, except to the extent
that such material constitutes recyclable material as defined herein
and further excepting yard clippings as defined in this chapter.
Waste which may be disposed of in a Type II sanitary landfill
pursuant to MCLA § 324.11501 or any future amendment to
the State Solid Waste Code as amended, and any regulations, rules,
or policies promulgated hereunder.
Leaves, grass clippings, vegetable or other garden debris,
shrubbery, or brush or tree trimmings less than four feet in length
and two inches in diameter, that can be converted to compost humus.
This term does not include stumps, agricultural waste, animal waste,
roots, sewage sludge, or garbage.
[1]
Editor's Note: This ordinance also amended Ch. 27 in its entirety. Former Ch. 27 was adopted as part of the 1955 Code, as amended by Ord. No. 474; Ord. No. 487; Ord. No. 743; Ord. No. 744, Ord. No. 790; Ord. No. 851; Ord. No. 860; Ord. No. 894; Ord. No. 912, adopted 10-15-1986; Ord. No. 916, adopted 2-4-1987; Ord. No. 929, adopted 7-15-1987; Ord. No. 995, adopted 1-3-1990 and Ord. No. 1018, adopted 7-10-1991.
[Ord. No. 1034, 1-8-1992]
Rubbish shall be prepared for disposal in the following manner:
(1)Â
It shall be placed in a container suitable to prevent the creation
of or existence of a nuisance; or
(2)Â
It shall be cut and baled, tied, bundled, stacked or packaged so
as not to exceed 36 inches in length and 50 pounds in weight if such
rubbish is collected by a licensed rubbish collector, and stored or
placed at least 12 inches off the ground.
[Ord. No. 1034, 1-8-1992]
Containers for refuse shall comply with the following requirements:
(1)Â
Refuse containers shall be made of durable, watertight, rust-resistant,
rodent-resistant material having a close-fitting lid and handles to
facilitate collection.
(2)Â
Refuse containers for residential service users shall not be less
than 10 gallons nor more than 32 gallons in capacity; provided, that
larger refuse containers, not to exceed 90 gallons, shall be permitted
if specifically designed to be mechanically unloaded into a refuse
collection vehicle; provided, further, that all other requirements
of this chapter are met.
(3)Â
It shall be unlawful to permit the accumulation of a residue of liquids,
solids, or a combination of such material on the bottom or sides of
containers, it being the intention of this provision that the interior
of containers shall be kept clean by thorough rinsing and draining
as often as necessary.
(4)Â
Refuse containers for multifamily residential, commercial, and industrial
establishments and institutions shall comply with all provisions of
this section except as related to size of containers.
Garbage disposal bags shall comply with the following requirements:
(1)Â
Bags must be made of high quality watertight material for the purpose
of refuse collection.
(2)Â
Bags shall be tied, fastened, or sealed in a secure manner for disposal
on the day of collection.
(3)Â
Bags utilized for disposal on the day of collection shall be free
of holes or tears, and refuse shall be deposited in such a manner
as not to exceed the holding and strength capacity of the bag.
[Ord. No. 1034, 1-8-1992]
(a)Â
Each person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein, except as provided in Section 27-2 relating to rubbish. Storage of refuse in garbage disposal bags is expressly prohibited.
(b)Â
Except on the designated day of collection, it shall be unlawful to store or place garbage, refuse, rubbish, or the containers or bags for its storage in the front yard of a residence, street, right-of-way, alley, stream, body of water, or any other public place, except on an approved landfill or disposal site. It shall further be unlawful to store or place refuse upon private property unless such refuse is placed in an approved container; except that rubbish may be stored as provided in Section 27-2.
(c)Â
It shall be unlawful to store refuse or animal wastes on any premise
if such refuse or animal wastes, by reason of odor, putrefaction,
or attraction for insects or rodents, constitutes a nuisance.
(d)Â
It shall be unlawful to store or place an appliance, including but
not limited to, a refrigerator or freezer, on the exterior portion
of any premises without removing the doors of the appliance.
[Ord. No. 1034, 1-8-1992; amended Ord. No. 1093, 6-2-1993; Ord. No. 1142, 3-15-1995; Ord. No. 1276, 3-1-2000]
(a)Â
Commencing at 6:00 p.m. prior to the designated day of collection
applicable to a designated residential collection zone, a residential
service user shall place garbage, refuse, or rubbish in the front
yard or nontraveled portion of the right-of-way in approved containers
or approved garbage disposal bags for pickup and collection; provided,
however, that each residential service user who has contracted for
rear yard pickup service shall place such garbage, refuse, and recyclable
material within 75 feet of and plainly visible to the street or curb;
and further provided, however, that rubbish, as defined herein, which
is reasonably incapable of containerization because of its size or
dimension may be placed in the front yard or untraveled portion of
the right-of-way for collection.
(b)Â
The owner, tenant, or occupant of a building or structure of four or fewer residential units located in an area of the City of Holland annexed to the City on or after December 31, 1999, shall be considered a residential service user as defined in Section 27-1 and shall comply with the requirements of this section and Section 27-7 by no later than six months following the date of annexation.
(c)Â
The designated contract hauler(s) may enter upon the lands or premises
of each residential service user as is reasonably necessary to collect
and dispose of garbage, refuse, recyclable material, or rubbish as
required by this chapter. Further, the designated contract hauler(s)
shall, upon the disposal of garbage, refuse, recyclable material,
or rubbish, secure the refuse/recyclable container and lid to prevent
removal of the container or lid by the wind or the elements.
(d)Â
Each person having refuse or recyclable material shall cause its
final disposal as frequently as is necessary to prevent the creation
of a nuisance. Such final disposal shall be in an approved landfill
and shall be made only by a designated contract hauler(s) or by the
person creating such refuse/recyclable material. Further, every residential
service user shall provide a separate residential collection service
for each residential unit which he/she owns, rents, or occupies, thereby
providing a minimum of one residential collection service for each
residential unit.
(e)Â
No person shall set fire to or burn any refuse out-of-doors for disposal purposes; provided, however, that the Fire Department may sanction the burning or accumulations of brush, vegetation, construction materials, or similar waste in accordance with Chapter 11.
(f)Â
No person shall set fire to or burn any refuse indoors unless such
refuse is burned in an approved incinerator and in a manner which
does not create a nuisance.
(g)Â
It shall be unlawful for any person to willfully obstruct, resist, hinder, or oppose, or to aid or abet another to willfully obstruct, resist, hinder, or oppose, any employee of the City or of the City's designated contract hauler(s) when such employee is lawfully engaged in the collection and/or disposal of refuse or recyclable material pursuant to this section. A violation of this Subsection (g) shall be a misdemeanor.
[Ord. No. 1034, 1-8-1992; amended Ord. No. 1093, 6-2-1993; Ord. No. 1142, 3-15-1995; Ord. No. 1426, 10-5-2005; 10-17-2012 by Ord. No. 1593]
(a)Â
In order to protect the health, safety, and general welfare of the
inhabitants of the City and to provide for the orderly collection
and disposal of refuse, recyclable material and yard clippings, the
designated contract hauler(s) shall provide for the collection, transportation
and delivery of refuse, recyclable material and yard clippings, if
yard clipping service is elected, from all residential services users,
who shall have properly prepared for the pickup of said refuse, recyclable
material and yard clippings, if yard clipping service is elected,
on the day of collection in accordance with the terms of this chapter.
The days of collection and the corresponding designated residential
collection zones are as follows:
(1)Â
Zone A - Monday: The boundaries of this zone shall be (running clockwise):
the north side of 18th Street from Columbia Avenue to Ottawa Avenue;
the east side of Ottawa Avenue (extended) to Lake Macatawa; the south
sides of Lake Macatawa and Black Lake to the west side of Fairbanks
Avenue (extended); the west side of Fairbanks Avenue to 20th Street,
both sides of 20th Street, west to Columbia Avenue, the east side
of Columbia Avenue north to 18th Street.
(2)Â
Zone B - Tuesday: The boundaries of this zone shall be (running clockwise):
the north side of 28th Street from Lincoln Avenue to Michigan Avenue;
the west side of Michigan Avenue to 32nd Street; the north side of
32nd Street to Ottawa Avenue; the east side of Ottawa Avenue to 18th
Street; the south side of 18th Street to Columbia Avenue; the west
side of Columbia Avenue to 22nd Street; the south side of 22nd Street
to Lincoln Avenue; the west side of Lincoln Avenue to the north side
of 28th Street.
(3)Â
Zone C - Wednesday: The boundaries of this zone shall be (running
clockwise): both sides of 32nd Street from the east City limits to
Lincoln Avenue; neither side of Lincoln Avenue to 28th Street; the
east side of Lincoln Avenue to 22nd Street; the south side of 22nd
Street (extended) to Fairbanks Avenue (extended); the east side of
Fairbanks Avenue to the northern and east boundaries of the east City
limits south to both sides of 32nd Street.
(4)Â
Zone D - Thursday: The boundaries of this zone shall be (running
clockwise): the west side of Ottawa Avenue to the south City limits;
the south and west City limits and the east side of Old Orchard Road
(extended) to Lake Macatawa; the south edge of Lake Macatawa to Ottawa
Avenue (extended).
(5)Â
Zone E - Friday: The boundaries of this zone shall be (running clockwise):
the east and south City limits from 32nd Street to Ottawa Avenue;
the east side of Ottawa Avenue to 32nd Street; the south side of 32nd
Street to Michigan Avenue; the east side of Michigan Avenue to 28th
Street; the south side of 28th Street to Lincoln Avenue; both sides
of Lincoln Avenue to 32nd Street; neither side of 32nd Street to the
east City limits.
(b)Â
In the event a holiday or other event occurs preventing collection
in the designated residential collection zone on the applicable day
of collection, the collection of refuse and recyclable material and
yard clippings shall occur on the next succeeding day.
[Ord. No. 1034, 1-8-1992]
No person, other than the owner, tenant, or occupant of the
premises on which refuse containers are stored, or his or her agent
or employee, or a licensed refuse or rubbish collector, shall disturb
any refuse container or remove its cover or any contents thereof or
pick over any rubbish or remove any item therefrom; and no person
shall cause any rubbish or refuse to be strewn or scattered on any
public or private property.
[Ord. No. 1034, 1-8-1992]
The enforcing officer shall designate where rubbish shall be
dumped.
[Ord. No. 1034, 1-8-1992; amended 6-19-2019 by Ord. No. 1773; 7-21-2021 by Ord. No. 1798]
(a)Â
Trucks generally. Every commercial refuse collector shall provide
such enclosed trucks as shall be necessary for the efficient collection
of refuse in the City. Such trucks shall be so constructed and maintained
so that they cannot leak or spill, and shall be approved by the enforcing
officer.
(b)Â
Cleanliness, sanitation, and parking of trucks. Every commercial
refuse collector shall maintain all collection vehicles in a clean
and sanitary condition, as free from offensive odors as possible.
No commercial refuse collector shall park any such trucks upon any
street, alley, or public place in the City, or upon any private premises
longer than is reasonably necessary to collect the refuse from the
premises within the close vicinity.
(c)Â
Disposal of refuse. No refuse shall be disposed of by any commercial
refuse collector except in the manner set forth in his or her license.
(d)Â
Hours of collection.
(1)Â
Commercial collection. No refuse shall be collected from commercial
and industrial establishments except between the hours of 7:00 a.m.
and 7:00 p.m. in those areas where residential structures are located
within 700 feet of the commercial or industrial service user, except
that refuse may be collected from commercial and industrial establishments
between the hours of 5:00 a.m. and 7:00 p.m. in those areas zoned
F-CDT, F-NDT, F-EDT, F-WDT, F-CENT Central Business District.
(2)Â
Residential collection. Refuse collection shall be permitted
by the City and conducted by the designated contract hauler(s) in
accordance with the contract agreement with the City. Refuse may be
collected from residential establishments between the hours of 5:00
a.m. and 7:00 p.m. in areas zoned F-CDT, F-NDT, F-EDT, F-WDT, F-CENT
Central Business District.
(e)Â
Improperly stored refuse. No refuse collector shall be required to
collect any refuse unless the same is stored for collection in accordance
with the provisions of this chapter.
(f)Â
User of private drives. No refuse collector shall use a private residential
driveway for purposes of refuse collection unless permission is obtained
from the owner thereof.
[Ord. No. 1034, 1-8-1992; amended 6-19-2019 by Ord. No. 1773; 7-21-2021 by Ord. No. 1798]
(a)Â
Disposal location. No licensed rubbish collector shall dispose of
any rubbish except in the manner and at the place designated by the
enforcing officer.
(b)Â
Collection without license. No rubbish collector shall collect any
refuse or garbage in the City unless he or she has a refuse collector's
license as required by this chapter.
(c)Â
Improperly stored rubbish. Rubbish collectors shall not be required
to collect rubbish unless it is stored for collection in accordance
with the provisions of this chapter.
(d)Â
Hauling requirement; littering. No person shall haul rubbish on the
streets of the City except in a covered truck, or in covered cans
or containers, or in such manner that such rubbish cannot fall or
be blown upon the streets.
(e)Â
Hours of collection.
(1)Â
Commercial collection. No rubbish shall be collected from commercial
and industrial establishments except between the hours of 7:00 a.m.
and 7:00 p.m. in those areas where residential structures are located
within 700 feet of the commercial or industrial service user, except
that rubbish may be collected from commercial and industrial establishments
between the hours of 5:00 a.m. and 7:00 p.m. in those areas zoned
F-CDT, F-NDT, F-EDT, F-WDT, F-CENT Central Business District.
(2)Â
Residential collection. No rubbish shall be collected from residential
customers except on the day of collection between the hours of 7:00
a.m. and 7:00 p.m., except that rubbish may be collected from residential
establishments between the hours of 5:00 a.m. and 7:00 p.m. in areas
zoned F-CDT, F-NDT, F-EDT, F-WDT, F-CENT Central Business District.
(f)Â
Use of private drives. No licensee shall use a private residential
driveway for purposes of rubbish collection unless permission is obtained
from the owner thereof.
[Ord. No. 1034, 1-8-1992; Ord. No. 1122, 9-21-1994]
(a)Â
For purposes of this chapter, the occupant(s) of a residence shall
be rebuttably presumed to be the owner of the refuse, garbage or rubbish
for any enforcement activities or violations of this chapter.
(b)Â
For purposes of this section, the owner of a multifamily residence
shall be defined as the holder in fee of the premises or lesser estate
thereof, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, personal representative, trustee, lessee or other person
in control of a multifamily residence.
(c)Â
Except at otherwise set forth in this chapter, each violation of
any provision of this chapter is declared to be a civil infraction
and is further declared to be a nuisance per se and subject to abatement
as provided in this code and by state law.
(d)Â
Upon failure of any person to store or dispose of garbage or refuse in the manner set forth in this chapter and when such improper storage or disposal creates or is likely to create nuisance by virtue of littering, odor, putrefaction, rodent or insect attraction, or broken or hazardous substances, the enforcing officer may take immediate steps to abate such nuisance. All costs thereof shall be recoverable in the manner set forth in Section 15.17 of the Charter of the City.
