Charter Reference — Authority to collect, etc., §3.06(12).
[Ord. No. 72-36 §1, 5-3-1972; Ord. No. 76-122 §1, 11-3-1976; Ord. No. 77-72 §1, 6-15-1977; Ord. No. 12-25 §1, 4-18-2012]
The following words, terms or phrases wherever used in this Chapter shall be construed as follows:
- BUSINESS ESTABLISHMENT
- Any individual, firm, partnership, corporation, association, club, agency, or other organization, engaged in this City in retail or wholesale commercial, manufacturing, individual or personal services, educational, religious, benevolent, or professional activities or in the management or operation thereof, or the operation of a multiple family dwelling or trailer park.
- The City of Bridgeton, Missouri, a municipal corporation, as well as the territory included within the corporate limits of the City of Bridgeton, Missouri.
- CITY ENGINEER
- The individual who has been duly appointed to the office of City Engineer of this City, or his deputy.
- A mixture that consists largely of decayed organic matter and is used for fertilizing and conditioning land provided such mixture does not include liquid food wastes; or either human or pet urine or feces.
- CORD, FULL
- The amount of firewood that, when arranged so pieces are aligned, parallel, touching and compact, measures four (4) feet wide by four (4) feet high by eight (8) feet long and is one hundred twenty-eight (128) cubic feet in volume.
- 1. One-family dwelling. A building designed exclusively for use and occupancy by one (1) family, and entirely separated from any other building by space.
- 2. Two-family dwelling. A building designed or altered to provide dwelling units for occupancy by two (2) families.
- 3. Multiple family dwelling. A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.
- 4. Dwelling unit. One (1) or more rooms in a residential structure designed for occupancy by one (1) family.
- Wood used as fuel for heating or cooking purposes.
- Any individual who is the legal or nominal head of a household comprised of himself and other individuals who hold temporary or permanent domicile in any dwelling within this City.
- The premises and activities of any individual, firm, partnership, corporation, association, public or private agency or other organization engaged within this City in teaching of any kind, in religious or benevolent services or in the temporary or permanent care or treatment of more than three (3) individuals who either have or are suspected of having physical or mental afflictions.
- Water that has come in contact with compost.
- LICENSE COLLECTOR
- The individual who has been duly appointed as License Collector of this City, or his deputy.
- OWNER-RESIDENT OF MULTI-FAMILY DWELLING
- The owner-resident of a multi-family dwelling is defined as follows:
- The legal owner of property constructed in conformance with the Bridgeton zoning ordinances as a multi-family dwelling, who occupies one (1) of the units within that dwelling solely for the purpose of a year-round residence.
- Any individual, firm, company, co-partnership, corporation, association, club, other organization, or their agents or employees.
- The duly authorized Police Department of this City.
- REFUSE COLLECTOR
- Any individual, firm, partnership, corporation, or employees thereof engaged in the collection, removal, final disposition of garbage or rubbish, or both, from any residence, business or institution within the City.
- REFUSE (SOLID WASTE)
- Unwanted or discarded waste materials in semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animals and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
- 1. Bulky rubbish. Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.
- 2. Commercial solid waste. Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment not owned or operated by the City, and multiple-housing facilities with more than two (2) dwelling units (excluding municipal solid waste and excluding condominiums).
- 3. Municipal solid waste. Solid waste resulting from the operation of any facilities owned or operated by the City. This includes the City Hall/Police Department, the municipal garage and all park facilities.
- 4. Residential solid waste. Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple-housing facilities with more than two (2) dwelling units, but including condominiums.
[Ord. No. 72-36 §2, 5-3-1972; Ord. No. 77-72 §2, 6-15-1977; Ord. No. 95-85 §1(a — b), 11-15-1995]
The Accumulation and Storage of Refuse on the Premises Served. It shall be the responsibility of the owner, user or operator of the premises on which refuse is generated to accumulate and store such refuse on the premises pending removal as provided in this Chapter of the refuse from such premises. It shall be unlawful for any person to remove any refuse from the premises on which such refuse was generated in order to accumulate or store such refuse on another site pending final disposition of such refuse, and it shall be unlawful for any person to permit the accumulation or storage on premises owned or controlled by such person of any refuse not generated on such premises.
The Collection and Removal from the Premises Served. The collection and removal of refuse from the premises on which such refuse was generated shall be performed only by a licensed refuse collector; provided, however, a person who owns, operates or controls property on which refuse is generated may remove and make final disposition of refuse generated on such site in compliance with the provisions of Section 245.060(B) of this Chapter. It shall be unlawful for any person to collect or remove refuse from the premises on which such refuse is generated except as provided in this Chapter.
Compensation for Owner-Resident Of Multi-Family Dwelling. Each year the City shall pay to each owner-resident of a multi-family dwelling an amount equal to the amount paid annually by the City per residence to the solid waste disposal contractor employed by the City, less one dollar ($1.00), to compensate the owner-resident of the multi-family dwelling for the lack of trash collection financed by the City. The payment shall be made in January for the preceding twelve (12) month period starting in January and ending in December. Provided however, that in January, 1978, the payment shall be made for the six (6) months starting in July, 1977, and ending in December, 1977, and shall be measured by one-half (½) the annual fee paid per residence by the City to the solid waste disposal contractor employed by the City in 1977, less one dollar ($1.00). Any owner-resident of a multi-family dwelling who claims that he is entitled to any such payment shall, between January first (1st) and January thirty-first (31st) of each year, submit to the City Engineer proof of ownership satisfactory to the City Engineer, and an affidavit, on a form to be provided by the City, that he is in fact the owner of the specified multi-family dwelling and that he does in fact occupy one of the units within the multi-family dwelling solely for the purpose of a year-round residence.
[Ord. No. 72-36 §3, 5-3-1972; Ord. No. 72-120 §§1, 2, 12-6-1972; Ord. No. 76-122 §1, 11-3-1976; Ord. No. 78-157 §7, 12-20-1978; Ord. No. 95-85 §1(c — d), 11-15-1995]
Lawful Refuse Disposal Operations. The final disposal of refuse shall be considered lawful if it is performed by a refuse collector who has been licensed for such work by the City to collect, remove, and to effect the final disposition of refuse from the premises on which such refuse is generated or is performed by the owner or operator of the premises on which such refuse is generated, in full conformity with the provisions of this Chapter. It shall be unlawful for any person except such a licensed collector or owner or operator of premise to dispose of any refuse.
Refuse Collectors; How Licensed and Regulated. It shall be unlawful for any person to engage in business as a refuse collector within the City without first obtaining a license to engage in such business. Persons desiring a license to conduct such business shall apply to the City License Collector who, upon satisfactory proof of the qualifications and fitness of the applicant, and of his ability to comply with all of the provisions of this Chapter, shall issue a certificate of qualification. The applicant, upon receipt of such certificate of qualification, together with the payment of twenty-five dollars ($25.00) for each truck to be used in said business shall be entitled to a license to engage in business as a private refuse collector; provided however, the initial fee for any truck for a license issued after July first (1st) in any year shall be twelve dollars fifty cents ($12.50) per truck. Said license shall expire on December thirty-first (31st) of the calendar year of issuance, and may be renewed thereafter annually on January first (1st) upon payment of said fee of twenty-five dollars ($25.00) per truck; provided however, that the City Engineer and/or Police Department shall have the right to direct the City License Collector to refuse to renew any such license if they shall determine that the holder thereof no longer qualifies for a license under the provisions of this Section. All administrative appeals and enforcement provisions of Chapter 605 of this Code, concerning general license procedures apply hereto.
Unlawful Refuse Disposal Operations. It shall be unlawful for any person to store, accumulate, remove, or dispose of refuse by open burning, or depositing it in an ash pit, or depositing it in dumpster or other refuse receptacle not located on the property on which the refuse is generated, or by burying or depositing it in any alley, street, roadway, vacant lot, developed premises, ditch, gully, stream, creek, body of water, or any other public or private property, or any other place within the City whose use for refuse storage, accumulation or disposal does not conform to all City ordinances and regulations and all State laws and regulations.
[Ord. No. 72-36 §5, 5-3-1972]
Supplementary Rules and Regulations. The City License Collector in consultation with the City Engineer and Police Chief shall have power to establish in addition to the provisions of this Chapter, such supplementary rules and regulations on all phases of the refuse disposal program which they deem necessary provided that such rules and regulations shall not be inconsistent with this Chapter, and provided further, that they shall have as their purpose the clarification or enforcement of the provisions of this Chapter.
Authority to Enter and Inspect Premises. The License Collector, City Engineer, Police Department, and their assistants shall have the right to request admissions to any premises on which refuse is being accumulated and stored, pending removal, provided such a request is made for the purpose of ascertaining whether or not the provisions of this Chapter are being fulfilled, and provided further, that requests for such inspections shall be made at reasonable times and upon presentation of proper credentials. Any person who refuses to grant such an inspection under the conditions prescribed may be charged with a violation of this Chapter.
Issuance of Citations for Violations. The Police Department shall have the authority and responsibility to issue citations for any violations of this Chapter.
[Ord. No. 72-36 §6, 5-3-1972; Ord. No. 72-89 §2, 10-18-1972; Ord. No. 77-50 §1, 4-20-1977; Ord. No. 82-28 §1, 7-7-1982; Ord. No. 95-85 §1(e), 11-15-1995; Ord. No. 05-18 §1, 4-6-2005; Ord. No. 12-25 §2, 4-18-2012]
Responsibility of Owner or User of Premises or Other Persons.
Any person who owns, operates, or maintains a household, two-family or multiple family dwelling, business establishment or a public or private institution in this City shall be responsible to the City for the orderly and sanitary accumulation and storage on such premises of refuse generated on such premises pending removal, in full conformity with the provisions of this Chapter.
It shall be unlawful for any person to accumulate, deposit, or store, or permit the accumulation, deposit or storage of, refuse on his premises or any other place within this City in any other manner or for a longer period than prescribed in this Chapter.
Storage Methods and Procedures.
What may not be stored. Liquid food wastes and urine or feces shall not be accumulated or stored for removal by the refuse collector but shall be disposed of promptly through the sewer or septic system by the person concerned.
What may be stored and how.
Normal storage methods. All items of refuse which accumulate in households, business establishments, and public or private institutions shall be stored, insofar as possible, and except as noted below, pending collection by a refuse collector, in a prescribed standard container, or in the case of a household in approved plastic or paper refuse bags, but the garbage shall be bundled and wrapped in paper of sufficient thickness to minimize leakage.
Special storage methods.
Use of special containers. In the event that the garbage or rubbish of a business establishment, public or private institution cannot be stored satisfactorily and efficiently in the prescribed standard containers, the City may authorize the use of trailer tanks or other conveyances for service by private refuse collectors.
Storage of large items of rubbish. In the event that a business establishment, or public or private institution requires removal of large items of rubbish which are constructed of material that cannot be broken up to permit storage in standard containers, such items of rubbish may be stored on the outside of the premises concerned without placement into containers provided that the number of such items is reasonable and that such rubbish is kept at least eighteen (18) inches above the ground, and provided further, that such storage will not produce conditions which in the opinion and judgment of the City will tend to create a sanitary nuisance or hazard to the public health, welfare, or safety.
Length of storage period. Garbage and rubbish as defined in this Chapter shall not be stored on the inside or outside of premises for a period longer than the time interval between collection days prescribed by the City. Garbage and rubbish which on account of type or amount require special collection service shall not be stored on the inside or outside of premises for more than ninety-six (96) hours pending collection.
Authorized containers. In order to assure that the accumulation and storage of refuse shall be performed in an orderly, clean, sanitary, and safe manner, the containers which are used for these purposes shall be of the following types:
Standard containers. Standard garbage and rubbish containers of galvanized iron, plastic, or similar durable material equipped with tight-fitting lids, and suitable bails or handles, may be used to store household refuse and garbage between collection periods, providing the containers do not leak and shall have a capacity of not less than five (5) nor more than thirty-two (32) gallons, and do not weigh more than fifty (50) pounds when filled. Such containers shall not be used for the storage of grass cuttings, leaves and similar items.
Disposable containers. Disposable containers shall be used for the storage of grass cuttings and leaves, except for incidental dry yard waste, but in order to prevent spillage such containers must be free of holes, and the dimensions of any box must not exceed two (2) feet by two (2) feet. Disposable bags of plastic or paper material of an approved type for use as refuse and garbage bags may be used for storage of household garbage and refuse. The maximum weight of a disposable container shall not exceed fifty (50) pounds.
Bundles. Items of rubbish such as trimmings from bushes and trees and other items which are too large for storage in the standard containers may be tied into bundles which shall not exceed four (4) feet in length, are of a volume which can be handled easily by one (1) man, and are of weight of not in excess of fifty (50) pounds.
Dumpster. A container of steel or similar material equipped with tight-fitting doors and/or lids and designed to be emptied directly into a collection vehicle or taken by such vehicle to a disposal site; provided, that the container does not leak and has capacity of not less than one-half (1/2) cubic yard; and further provided, unless completely screened from view, a dumpster must be located in the rear yard except when located on a corner lot, it may not be closer to the side street than the main building is permitted to be located.
Number of containers. Any person who accumulates and stores refuse shall provide the number of containers which in the opinion and judgment of the City are necessary for the orderly, clean, and sanitary storage of refuse on the premises concerned in the interim between the prescribed collection days; provided however, that no more than three (3) standard containers shall be provided by any householder at his dwelling place.
Management of containers by their owners or users. Any person who owns or uses refuse containers of any kind or in whose behalf they are used by others, shall keep them at all times in a dry, sanitary, rodent, insect, and leakproof condition, and shall clean, sanitize, and repair them as often as necessary for proper compliance with this Chapter. Commercial type containers must have the name and address of the owner plainly marked on the container.
The owner or user of containers and the refuse collectors shall be careful to avoid spillage of contents and if it occurs they shall clean it up promptly and restore the premises to a clean and sanitary condition.
Storage of containers. No garbage or refuse container shall be left in front of the building for more than twenty-four (24) consecutive hours without returning the same to an area behind the front of the building.
Exceptions — firewood and compost.
Firewood generated off-premises shall be permitted to accumulate for storage as regulated herein.
What may be stored and how.
Firewood. Firewood may be stored on residential premises indefinitely provided that:
A maximum of four (4) full cords may be stored behind the front building line; and
A maximum of one-half (½) full cord may be stored on a decorative firewood rack on a front porch; and
A clear space of at least twelve (12) inches shall be maintained between all firewood and the ground or surface beneath the same; and
A clear space of at least twelve (12) inches shall be maintained between all firewood and all buildings and fences; and
Such storage shall be devoid of all rodents and vermin, and free from objectionable odors.
Compost. Compost may be stored on residential premises indefinitely provided that:
The compost shall be stored in durably constructed container or enclosure not to exceed four (4) feet wide by four (4) feet high by six (6) feet long located behind the rear building line; and
A clear space of at least ten (10) feet shall be maintained between compost container or enclosure and all structures and property lines; and
The compost container or enclosure shall be located to prevent leachate from flowing onto adjacent property or into natural or human-made storm channels; and
Compost containers or enclosures abutting adjacent properties must be screened from said properties by shrubbery or solid fencing of at least equal height as the container or enclosure; and
The compost container or enclosure shall be devoid of all rodents and vermin, and free from objectionable odors; and shall be so maintained so that there is no evidence of household refuse, trash or food waste.
[Ord. No. 72-36 §7, 5-3-1972; Ord. No. 72-89 §2, 10-18-1972; Ord. No. 76-122 §1, 11-3-1976; Ord. No. 76-129 §1, 11-24-1976; Ord. No. 80-90 §1, 12-10-1980; Ord. No. 90-27 §1, 3-7-1990]
Collection and Removal.
Collection points. All refuse which is accumulated in the City and offered for disposal in standard containers shall be collected from the curb in front of the premises. All bags, baskets or boxes of leaves and grass cuttings, bundles, or other items not disposed of in standard containers shall be collected at the street, or at such other collection point as may be agreed upon by the collector and the person responsible for the premises. Refuse shall not be placed at the collection point more than twelve (12) hours prior to the day of collection. Containers shall be removed from the collection point by midnight of the collection day.
On collection days all refuse containers and items of refuse shall be placed at the designated collection point. The refuse collector shall not be required to collect refuse from the inside of buildings, nor any refuse not contained in an authorized container, nor from more than a total of three (3) standard containers and five (5) bags, baskets, bundles or other items to be collected at the street, at any one time from any one (1) household. If the householder shall elect to use approved plastic or paper bags for household refuse and garbage the number of disposable containers may be increased by the number of standard containers replaced.
When refuse containers contain both eligible and non-eligible refuse, the refuse collector shall not be obligated to collect and remove their contents. When such violation occurs, the refuse collector shall report it to the person concerned and the City.
Management of containers by refuse collectors. Refuse collectors shall perform their duties in a quiet, orderly and sanitary manner. After emptying the containers, the collector shall replace their lids and shall return the covered containers to the designated collection point on the premises. In case of spillage during collection, the refuse collector shall pick up the spillage and restore the premises to a clean and sanitary condition. Containers shall be maintained in a serviceable condition at all times.
Frequency of collection and removal. Collection and removal of refuse by the collectors shall be made at a minimum of either two (2) or three (3) times weekly. Dwelling collection shall be made on Monday and Thursday or Tuesday and Friday or Wednesday and Saturday if two (2) times a week and Monday, Wednesday and Friday or Tuesday, Thursday and Saturday if three (3) times a week. Collection and removal of refuse by private, licensed collectors shall be made as often as necessary to prevent the development on the premises concerned of conditions which tend to create a sanitary nuisance or a hazard to the public health, welfare and safety. No collections shall be made from households before 5:00 A.M. or after 5:00 P.M. No collections shall be made from any dwellings on Sunday.
No collections shall be made from commercial, industrial or manufacturing establishments or multi-family dwellings bordering within five hundred (500) feet of residential dwellings before 8:00 A.M. or after 5: 00 P.M.
When a regular collection day falls on a holiday, the hauler shall have the option of providing a pick-up for refuse only on the holiday or, if no pick-up is provided, he shall be obligated to accept up to twice the standard amount on the next regular collection day. When a holiday interrupts a regular schedule, the ninety-six (96) hour limit in Section 245.050 B (2)(c) shall not apply.
Equipment. All refuse, including garbage, shall be collected and removed in vehicles with solid metal bodies or liners and which have leakproof bottom and sides. Open top vehicles shall be permitted only during a specified period with written permission granted by the Police Department. All vehicles and other equipment used in these operations shall be kept at all times if a clean, sanitary and safe condition, and in good repair by the operator. All vehicles and other equipment used in these operations shall be subject to the approval and inspection by the City. All vehicles shall be prominently lettered and numbered on both sides and rear for identification.
Personnel. A refuse collector shall conduct his operations with personnel who are capable of operating the required equipment in a safe, efficient and satisfactory manner.
Final Disposition of Refuse.
Illegal methods and sites. It shall be unlawful for any person or collector to dispose of refuse on his premises or on any other place within this City, or in any other manner, than as prescribed in this Chapter.
Legal methods and sites. The method or methods and the site or sites which the refuse collector proposes to use or uses for the final disposition or refuse collected in this City shall be subject to the approval of the License Collector and shall be in full conformity with the provisions of this Chapter and the Statutes of the Federal or State Government, and the ordinances, rules, and regulations which have been enacted by this City.
[Ord. No. 72-36 §9, 5-3-1972; Ord. No. 72-89 §2, 10-18-1972, Ord. No. 76-122 §1, 11-3-1976]
Insurance. The refuse collectors shall obtain and keep in force at his expense during the life of the license the following types of insurance in some insurance company approved by the City, to wit:
Workmen's compensation insurance as prescribed by the Statutes of the State of Missouri; and
A policy of liability insurance on each vehicle used in the refuse disposal operations covered by the licensee, indemnifying both the licensee and the City against damage suits, in amounts to be periodically fixed by the City Council, but not less than $100,000.00/$300,000.00 in case of personal injury or death and one hundred thousand dollars ($100,000.00) in case of property damage.
Bond. A performance bond or an escrow in lieu of a performance bond shall be required of a collector in an amount to be determined by the City Engineer.
[Ord. No. 72-36 §10, 5-3-1972; Ord. No. 95-85 §1(f), 11-15-1995]
For Violations by Persons Served Or Others. The violation of any provision of this Chapter by a householder, business establishment, public or private institution or by any other person shall be deemed a misdemeanor and each and every day of such violation shall constitute a separate offense, and shall be punishable as provided by law.
For failure to empty a container on collection day. In the event a collector fails repeatedly on a collection day to empty a container, which a householder or other persons entitled to refuse disposal service have placed at the designated collection point on his premises and which contains refuse eligible for collection, the collector shall forfeit to the City, for each container whose contents have not been removed by the collector, the sum of three dollars ($3.00). The License Collector shall withdraw such sum from the deposit upon notification of violation by the Police Department and transfer to general revenue.
For other violations. Whenever a collector fails to comply with a provision of this Chapter, he shall forfeit the sum of not to exceed seventy-five dollars ($75.00) to the City for each and every day of such non-compliance and said forfeited amounts shall be deducted out of the collector's cash bond with the City. The amount shall be determined by joint declaration of City License Collector, City Engineer, and Chief of Police.
[Ord. No. 72-36 §13, 5-3-1972]
It shall be unlawful for any person or persons other than the fully authorized licensed collectors of the City of Bridgeton, as prescribed in this Chapter, to collect garbage or rubbish, or to interfere in any manner with any receptacle containing garbage or rubbish, or other contents thereof, or to remove any such receptacles from the place where same are placed by the owner or lessee thereof, or to remove or spill the contents of such receptacle.