[Ord. No. 390,
passed 3-28-1983; Ord. No. 454, passed 11-26-1990; Ord. No. 512, passed 8-14-1995]
As used in this chapter:
Means twigs, brush, branches and tree trunks not greater
than eight inches in diameter.
A person or company with whom the City has entered into a
contract for the collection, transportation, and disposal of refuse
from residential premises within the City.
[Added 7-24-2017 by Ord.
No. 805]
Means service provided to premises requiring one yard to
10 yard front-load or rear-load container service.
Means all manner of the same, including, but not limited
to, rejected food waste and accumulation of animal, fruit or vegetable
matter used or intended for food, or that attends the preparation
or results from the preparation of cooking, handling, dealing in or
with or storing meat, fish, fowl, fruit or vegetables.
Means accumulated on industrial or manufacturing premises
arising from industrial, manufacturing or chemical processing and
includes, but is not limited to, metal scrap and solid or liquid chemical
waste.
Means refuse materials designated by the City Manager to
be part of the City's recycling program and which are intended
for transportation, processing and remanufacturing or reuse. Such
items include, but are not limited to, the following: various grades
of paper and cardboard, plastic bottles and jugs, glass, tin and aluminum
containers and yard waste. Selection of the materials to be recycled
will be at the discretion of the City Manager.
Means all manner of the same, including, but not limited
to, ashes, rags, discarded clothing, discarded furniture, discarded
appliances, tin cans, tinware, bottles, broken glass, waste paper,
motor vehicles or automobiles or trucks which are unlicensed and which
are in inoperable condition, or motor vehicles which, although licensed,
are abandoned, or motor vehicles which, although licensed, are dismantled,
partly dismantled and/or in an inoperable condition and which remain
in a dismantled, partly dismantled and/or in an inoperable condition
for 90 days or more. The words "refuse," "trash," "rubbish" and "debris"
shall be considered synonymous terms for the purposes of this chapter.
Refuse generated from normal household use, but does not
include commercial refuse, construction waste, hazardous waste, or
industrial waste.
[Added 7-24-2017 by Ord.
No. 805]
Residential refuse removal service and residential garbage
refuse removal provided to premises having one- and two-family residences,
or multiple-family dwellings of less than six units.
[Amended 7-24-2017 by Ord. No. 805]
Means service provided to premises requiring a roll-off container
service of greater than 10 yards.
Means leaves, grass clippings, weeds, hedge clippings, garden
waste, twigs and brush no longer than two feet in length and 1/2 inch
in diameter, and other organic material subject to natural composting
as approved by the City Manager.
[Ord. No. 421,
passed 12-22-1986; Ord. No. 431, passed 2-8-1988; Ord. No. 512, passed 8-14-1995; Ord. No. 725, passed 12-8-2008]
(a)
It shall be unlawful for any person to keep on or about premises
owned or occupied by him or her any garbage, unless the same shall
be kept in a watertight receptacle, which shall be kept tightly covered
so as to prevent the access of insects or animals. The contents of
such receptacles shall be removed from the premises and properly disposed
of at least once every seven days. However, if the owner of a premises
occupied by a tenant or tenants shall furnish or cause to be furnished
garbage pickup once every seven days for such tenant or tenants, such
owner may not be prosecuted for violations of this section on such
tenant-occupied premises during the period in which such garbage pickup
was furnished.
[Amended 7-24-2017 by Ord. No. 805]
(b)
It shall be unlawful for any person knowingly to dump, deposit, place,
throw or leave, or cause or permit the dumping, depositing, throwing
or leaving of garbage or refuse on any private property within the
City.
(c)
No person shall burn any garbage or refuse except in a gas-fired
incinerator designed for such purposes.
(d)
No person shall burn any substance which shall, due to the nature
of the substance or manner of burning, create or constitute a nuisance.
(e)
Trash receptacles and recycling containers shall not be placed at
the curb earlier than 24 hours prior to scheduled pickup and must
be removed from the curb within 24 hours after pickup.
(f)
The City shall provide for residential refuse service and residential
garbage services, and recycling services either directly by the City
or through a City contractor to premises having one- and two-family
residences, and multiple-family dwellings of fewer than six units
[Added 7-24-2017 by Ord.
No. 805]
[Ord. No. 421,
passed 12-22-1986]
It shall be unlawful for the owner of premises and the occupant
thereof to permit or suffer the accumulation of industrial waste on
any premises in the City. Industrial waste shall be stored in receptacles
and disposed of properly. Items of solid industrial waste too large
to be stored in such receptacles shall be neatly stacked and disposed
of properly at least once every three months. It shall be unlawful
for any person knowingly, without the consent of the owner of private
property, to dump, deposit, place, throw or leave, or cause or permit
the dumping, depositing, placing, throwing or leaving of industrial
waste on private land in the City. Liquid industrial waste shall be
disposed of in accordance with applicable State and Federal regulations.
[Ord. No. 421,
passed 12-22-1986]
There shall be excepted from the definition of "refuse" motor
vehicles, automobiles and trucks which are located on the premises
of commercial garages, commercial automobile shops, auto service stations
and automotive dealers while the same are being repaired or stored,
so long as such motor vehicles, automobiles and trucks are stored
and maintained in an orderly manner.
[Ord. No. 431,
passed 2-8-1988]
No person shall throw or deposit any garbage or refuse on any
of the public streets, sidewalks, lanes, alleys, parks, cemeteries
or other public grounds in the City at any time, including, but not
limited to, the deposit of household garbage or refuse in garbage,
trash or refuse containers located on any public street, sidewalk,
lane, alley, park, cemetery or other public grounds.
The Police Department is hereby charged with enforcing this
chapter.
[Ord. No. 421, passed 12-22-1996; amended 10-12-2015 by Ord. No. 790]
(a)
The storing, keeping or accumulating of garbage, refuse or industrial
waste, in violation of the terms of this chapter, is hereby declared
to be a nuisance. The Police Department is authorized to issue notices
of violation and to require abatement thereof within a period of not
more than 10 days, or less than 10 days if public health is endangered,
from the date of said notice. Said notice shall further state that
failure to comply with the terms of the notice within the specified
period shall subject such person, firm or corporation to prosecution
for a misdemeanor as provided herein and shall further make said lot
or premises liable for necessary expenses incurred by the City in
abating said nuisance.
(b)
Council, upon petition filed, may for good cause extend said ten-day
period. Notice shall be given to the owner and occupant of premises
on which nuisance occurs, and in the event that the notice relates
to motor vehicles, automobiles or trucks which are refuse as herein
defined, said notice shall be given also to the registered owner thereof.
Notices pursuant to this chapter shall be in writing, shall include
a statement of the violation or violations and why the notice is being
issued, and shall include a correction order. The storing or keeping
of raw garbage and junk in the City right-of-way shall require abatement
thereof within a period of twenty-four (24) hours and notice thereof
shall be served by posting said notice on the property, and on each
unit of a multiple unit building. Failure of any person to receive
notice shall not prevent the City from abating the nuisance.
[Ord. No. 421,
passed 12-22-1986]
In the event that any person, firm or corporation, by any act of commission or omission, creates a nuisance, as set forth in Section 1060.07, and does not discontinue the same within the time stated in the notice to abate the nuisance, the City Manager shall be authorized to order the necessary work to be done to abate the nuisance, and any expense incurred by the City in abatement of the nuisance shall be charged against the lot or premises upon which the nuisance was maintained and from which it was removed, and shall become a lien against such lot or premises, and may be collected in the same manner as is the lien created by City taxes assessed against such lot or premises, and shall be assessed on the next assessment roll following the incurring of such expense. The amount of expense shall be certified by the City Manager to the Tax Department of the City for assessment and collection.
[Ord. No. 450,
passed 5-29-1990; Ord. No. 700, passed 1-23-2006]
(a)
Purpose. In order to reduce the amount of solid waste materials disposed
of in landfills, protect our environment, conserve our natural resources,
save energy and contain the financial burden of solid waste disposal,
the City Manager is hereby authorized and directed to establish a
City-wide recycling program and to establish rules and regulations
for the implementation of the program.
(b)
Separation of recyclable materials. All persons in residential structures
who are owners, lessees or occupants thereof shall separate recyclable
materials in accordance with regulations established by the City Manager
as to types of materials to be separated, preparation of materials
for collection and the method, time and location of collection.
(c)
Designation of recyclable items. The City Manager shall prepare a
list of refuse items designated to be part of a recycling program.
Such items must be ones which are generally accepted by the recycling
industry for remanufacture and reuse, which can be cleaned, prepared
and stored in a manner to protect the public health, welfare, safety
or the environment, and which can be collected and recycled without
threatening the economic viability of a recycling program. Copies
of this list shall be on file with the City Clerk after two weeks'
published notice in the official newspaper. The City Manager may modify
the items on this list as circumstances warrant by following the procedure
specified for the original designation.
(d)
Implementation. All recyclable materials intended and set out at
designated collection points for the recycling program shall be cleaned,
prepared and stored in accordance with City specifications. Failure
to do so shall constitute a public nuisance where such failure causes
a threat to the public health, welfare or safety or the environment
or results in an unorderly and unsightly collection of refuse visible
to the public.
(e)
Ownership. Ownership of recyclable materials remains with the person
or household from which the materials originated until collected by
the designated collection program. Upon removal by the City or its
designated agents or contractors from a designated collection point,
ownership of properly prepared and stored recyclable materials intended
for a City-authorized collection program shall be vested in the City.
Materials not prepared, cleaned or stored according to City specifications
shall remain the responsibility and property of the individuals or
household from which the materials originated. Nothing in this chapter
shall abridge the right of any individual or household to give or
sell their recyclable materials to any recyclable materials program.
(f)
Unauthorized collection. No person, other than one expressly authorized
by Council, shall take or collect recyclable material set out for
the authorized collection program within the City.
[Ord. No. 500,
passed 12-12-1994]
The Building Commissioner and his or her designated representative, and/or the City Engineer and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 512,
passed 8-14-1995]
(a)
In order to comply with State law, no yard waste shall be placed
in any container provided for garbage pick-up.
(b)
No person shall place or deposit or cause to be placed or deposited,
upon public or private property, any yard waste, except as provided
by this section. This section shall not apply to grass clippings which
are directly deposited back on the grass area from which they are
generated or to yard waste which is part of a properly maintained
compost pile or program.
(c)
The City Manager is hereby authorized to establish a City-wide residential
yard waste pick-up program and to establish rules and regulations
for the implementation of the program.
(d)
The rules and regulations for the collection of yard waste shall
establish the dates for pick-up. No person shall set out for pick-up
or cause to be set out for pick-up any yard waste prior to 5:00 p.m.
on the date immediately prior to the established pick-up date. Any
yard waste set out subsequent to pick-up shall be removed from the
curb lawn area within 48 hours by the owner, agent or occupant of
the premises in front of or adjacent to which the yard waste is located.
Failure to remove improperly placed yard waste will result in the
issuing of a Municipal civil infraction violation notice.
(e)
The rules and regulations for the collection of yard waste will provide
for the pick-up of loose leaves.
(f)
The yard waste pick-up program is not meant to circumvent the free-enterprise
system of commercial lawn care companies. The City will not pick up
yard waste generated by a commercial lawn care company.
[Ord. No. 512,
passed 8-14-1995]
(a)
No person shall place or deposit or cause to be placed or deposited,
upon public or private property, brush, except as provided by this
section.
(b)
The City Manager is hereby authorized to establish a City-wide residential
brush pick-up program, which shall include provisions for the collection
of brush resulting from storm damage, and to establish rules and regulations
for the implementation of the program.
(c)
The rules and regulations for the collection of brush shall establish
the dates for pick-up. No person shall set out for pick-up, or cause
to be set out for pick-up, any brush prior to 5:00 p.m. on the Friday
immediately prior to the established pick-up date. Any brush set out
subsequent to pick-up shall be removed from the curb lawn area within
48 hours by the owner, agent or occupant of the premises in front
of or adjacent to which the brush is located. Failure to remove improperly
placed brush will result in the issuing of a Municipal civil infraction
violation notice.
(d)
The brush program is not meant to circumvent the free-enterprise
system of commercial tree and brush removal. The City will not pick
up material that is left as a result of a tree or lot being commercially
cleared, removed or pruned.
[Added 7-24-2017 by Ord.
No. 805]
The City Council may, either by advertising for bids or otherwise,
enter into an exclusive contract or extend the term of a contract
with a City contractor who shall be licensed, with such person or
entity as the City Council may deem best able to collect and dispose
of residential refuse and/or garbage and/or recyclable materials in
accordance with the best interests of the City and its residents.
The City contractor shall be the only person or entity allowed to
provide the contracted services to residential premises having one-
and two-family residences, or multiple-family dwellings of fewer than
six units within the City. The contract document shall contain provisions
that the City contractor shall provide the contracted services to
all covered residential premises in the City in full compliance with
this chapter and applicable local, state, and federal laws, rules,
and regulations.
[Added 7-24-2017 by Ord.
No. 805]
(a)
The City Council shall set the rates that may be charged for residential
refuse service and residential garbage service and recycling services
to premises having one- and two-family residences. or multiple-family
dwellings. The rates to be charged shall be proportionate to the necessary
costs of the services.
(b)
Upon adoption, the approved rates shall be published in order to
provide notice to the public of the rates approved.
[Ord. No. 500,
passed 12-12-1994]
(a)
A person who violates any provision of this chapter, except Sections 1060.03 and 1060.09(f), is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction, including any costs of clean-up. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $100, plus costs and other sanctions, for each infraction, including any costs of clean-up. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $250, plus costs and other sanctions, for each infraction, including any costs of clean-up.
(b)
Any person who violates Section 1060.03 shall be subject to payment of a civil fine of not less than $500, plus costs and other sanctions, for each infraction, including any costs of clean-up. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $1,000, plus costs and other sanctions, for each infraction, including any costs of clean-up. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $2,500, plus costs and other sanctions, for each infraction, including any costs of clean-up.
(c)
Any person who violates Section 1060.09(f) shall be subject to the general Code penalty provided in Section 202.99 of the Administration Code.
