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:
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.
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.
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.
One-family dwelling. A building designed exclusively
for use and occupancy by one (1) family, and entirely separated from
any other building by space.
Two-family dwelling. A building designed or
altered to provide dwelling units for occupancy by two (2) families.
Multiple family dwelling. A building or portion
thereof designed or altered for occupancy by three (3) or more families
living independently of each other.
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.
The individual who has been duly appointed as License Collector
of this City, or his deputy.
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.
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.
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.
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.
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).
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.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
A.
Responsibility of Owner or User of Premises or Other Persons.
1.
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.
2.
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.
B.
Storage Methods and Procedures.
1.
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.
2.
What
may be stored and how.
a.
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.
b.
Special storage methods.
1)
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.
2)
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.
c.
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.
d.
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:
1)
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.
2)
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.
3)
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.
4)
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.
e.
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.
f.
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.
g.
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.
h.
Exceptions — firewood and compost.
1)
Firewood generated off-premises shall be permitted to accumulate
for storage as regulated herein.
2)
What may be stored and how.
(a)
Firewood. Firewood may be stored on residential
premises indefinitely provided that:
i.
A maximum of four (4) full cords may be stored behind the front building
line; and
ii.
A maximum of one-half (½) full cord may be stored on
a decorative firewood rack on a front porch; and
iii.
A clear space of at least twelve (12) inches shall be maintained
between all firewood and the ground or surface beneath the same; and
iv.
A clear space of at least twelve (12) inches shall be maintained
between all firewood and all buildings and fences; and
v.
Such storage shall be devoid of all rodents and vermin, and free
from objectionable odors.
(b)
Compost. Compost may be stored on residential premises
indefinitely provided that:
i.
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
ii.
A clear space of at least ten (10) feet shall be maintained
between compost container or enclosure and all structures and property
lines; and
iii.
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
iv.
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
v.
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]
A.
Collection and Removal.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
B.
Final Disposition of Refuse.
1.
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.
2.
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]
A.
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:
1.
Workmen's
compensation insurance as prescribed by the Statutes of the State
of Missouri; and
2.
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.
B.
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]
A.
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.
B.
Violations.
1.
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.
2.
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.
