[Ord. No. 183 §1, 10-11-1984]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- AUTHORIZED COLLECTOR
- A person who is in the business of the collection, removal and disposal of garbage and rubbish.
- BUSINESS ESTABLISHMENTS
- Stores, restaurants, hotels, offices, wholesale establishments, retail establishments, hospitals, plants, shops, manufacturing establishments, schools and churches. The term shall not be construed to including apartments, flats, private dwellings, trailer courts or boardinghouses.
- Food waste from homes, kitchens, apartments, hotels, restaurants, stores, markets and similar establishments.
- HOUSEHOLD UNIT
- Any room or grouping of rooms located within a building or mobile home forming a single housekeeping unit, with facilities which are used or intended to be used for living, sleeping, cooking and eating by any number of individuals living together as a single-family unit.
- Appliances and other bulky, solid items not easily handled and not covered under the definitions of "garbage" or "rubbish".
- "Rubbish" shall include, but not restricted to, wastepaper, rags, cartons, boxes, excelsior, leather, cloth materials, shrub trimmings, yard trimmings, tin cans, glass, crockery, ashes, tree limbs, street sweepings, catch basin murk, concrete, dirt, concrete mortar or plaster mortar, stones, bricks, scrap metal or other similar construction materials or materials resulting from the erection or destruction of buildings.
- SPECIAL WASTE
- Items which, by their very nature, can cause health problems
or injury to individuals, including but not limited to white goods
containing harmful substances, solvents, insecticides, cleaning agents,
heavy metals, prescription drugs, explosives, incendiaries, motor
oils, lead-acid batteries, tires, refrigerants, infectious waste,
and any materials prohibited by the City’s ordinances or any
governing Fire Protection District.[Ord. No. 782 §IV, 2-14-2013]
[Ord. No. 183 §2, 10-11-1984; Ord. No. 782 §V, 2-14-2013]
All garbage and rubbish within the City shall be collected, removed and disposed of by the City or an authorized collector, in accordance with and subject to the provisions of this Chapter; provided, that nothing in this Chapter shall be construed as prohibiting duly authorized and licensed haulers from collecting and removing garbage and rubbish from business establishments. The City shall provide for the collection and the direct billing of garbage and rubbish collection, removal, and disposal for all residential and multifamily premises. City-contracted vendors are hereby authorized to enter upon private property, except for the entry into any dwelling or residential building, for the purpose of collecting garbage or rubbish. Owners and occupants of industrial and commercial premises are authorized to contract for their own solid waste collection and disposal, subject to the requirements of the City Code herein.
[Ord. No. 183 §3, 10-11-1984]
It shall be unlawful for any person to dispose of or burn any garbage, junk or rubbish or deposit the same in or on any public alley, street, roadway, vacant lot or property of any kind or character within the City, except the placing of the same for pickup and disposal by the authorized collector; provided, that nothing in this Section shall be construed to prohibit the disposition of garbage or rubbish by means of burning or disposing of the same in a manner approved by the State Department of Natural Resources of the City.
[Ord. No. 183 §4, 10-11-1984]
It shall be unlawful for any person to dump or deposit any garbage, rubbish, or junk of any kind in, upon or along the bank of any creek or stream, river, watercourse or drainage ditch, or upon any railroad right of way or public street or roadway.
[Ord. No. 183 §5, 10-11-1984]
Garbage shall be wrapped in paper or placed in sanitary bags and kept dry in sanitary containers until removed by an authorized collector.
[Ord. No. 183 §6, 10-11-1984]
Each owner, tenant, housekeeper and other person occupying any room, dwelling house, apartment or other building or portion thereof, and producing or responsible for the disposal of garbage or rubbish which is to be collected by the City, its authorized collector or a duly authorized and licensed hauler, shall provide, and renew when necessary, a sufficient number of containers to hold the garbage or rubbish accumulating on his premises.
[Ord. No. 183 §7, 10-11-1984]
All containers required by the Sections above shall have tight fitting covers, with strong handles on the outside, and be watertight. Each container shall have a capacity of not less than five (5) gallons nor more than thirty (30) gallons and within these limits shall be of sufficient capacity to hold all garbage and rubbish accumulating on the premises between collections, and the contents thereof shall be kept in such condition that they can at all times be readily and fully removed by the City or its authorized collector; provided, that nothing in this Section shall be construed to prohibit the use of large, heavy duty plastic bags as containers, or of bulk containers, and such containers may be used in lieu of the containers specified in the first sentence of this Section.
[Ord. No. 183 §8, 10-11-1984; Ord. No. 782 §VI, 2-14-2013]
It shall be unlawful to place or keep garbage or rubbish containers on any public street, alley, place or elsewhere, except on private property; provided, that such containers may be placed on designated locations on public streets or alleys on collection days for a sufficient length of time, as provided herein, to permit the City or an authorized collector to make collection of such garbage or rubbish.
Containers for garbage or rubbish shall be stored upon the premises where the garbage or rubbish was generated unless written permission for storage on other premises is obtained from a person having authority to grant such permission. Residential garbage and rubbish containers shall be stored in a place behind the front line of the dwelling. For non-residential garbage and rubbish containers, the location, design, and screening of such containers for developments after the adoption of this Section shall be specified on the development or site plan for the premises or, if no development or site plan, either screened by a six-foot-high opaque fence made of masonry or wood or simulated wood product or placed so as not to be visible from the street. On collection days garbage and rubbish containers shall be placed in plain view, adjacent to the curb in front of such premises, but shall not be so placed until 6:00 P.M. on the day next preceding the regularly scheduled collection day.
It shall be the duty of the householder or person in charge of the premises to remove the container from its location adjacent to the curb as soon as possible after collection, but in no event later than 6:00 A.M. on the day following the collection day. If more than one (1) container is necessary to hold the garbage or rubbish accumulating on the premises or if more than one (1) container shall be placed at the same location for collection, then all such containers shall be removed.
[Ord. No. 183 §9, 10-11-1984 Ord. No. 782 §VII, 2-14-2013]
All garbage and rubbish containers shall be maintained in a good, neat, clean, and sanitary condition by their owners, and shall not produce odors so as to constitute a nuisance.
[Ord. No. 183 §10, 10-11-1984; Ord. No. 782 §VIII, 2-14-2013]
It shall be unlawful for any person to deposit in a container from which garbage or rubbish is to be removed by the City or its authorized collector any material other than garbage and rubbish. If any such container contains any material other than garbage or rubbish, neither the City nor its authorized collector shall be obligated to remove the contents of such container.
It shall be unlawful and a violation of this Chapter to deposit, commingle, or conceal in a garbage and rubbish container used or placed for collection of lawful garbage and rubbish the following unlawful items:
These items shall be disposed of only as provided for by law.
[Ord. No. 275 §I, 5-12-1994; Ord. No. 782 §IX, 2-14-2013]
It shall be unlawful and a violation of this Chapter for any person to:
Deposit garbage or rubbish in any garbage or rubbish container other than his own without the written consent of the owner of such container.
Interiere in any manner with the garbage or rubbish collection and transportation equipment or with garbage or rubbish collectors in the lawful performance of their duties as such.
Dispose of garbage or rubbish at any facility or location which is not approved by the Missouri Department of Natural Resources.
Engage in the business of collecting, transporting, processing or disposing of garbage or rubbish within the corporate limits of the City without the written consent of the City.
Fail to have any garbage or rubbish collected as provided in this Chapter.
Fail or refuse to pay the garbage and rubbish collection charges of the City.
Take any evasive action to avoid payment of reasonable charges provided for garbage and rubbish collection, removal, or disposal.
Place or leave garbage or rubbish out for pickup for more than twenty-four (24) hours.
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be guilty of a misdemeanor; provided that each day's violation thereof shall be a separate offense for the purpose thereof. In any case where there shall be a violation of this Chapter, the person found guilty and convicted shall be punished as provided in Section 100.050 of this Code. A late payment penalty of five percent (5%) of the user charge bill will be added to each delinquent bill for each thirty (30) days of delinquency. When any bill is thirty (30) days in default, due notice and an opportunity for hearing will be given, not to exceed an additional thirty (30) days. In addition, any action thereon shall be prima facie evidence of the regularity of the proceedings for provision and billing for the collection service, the validity of the bill, and of the liability of the person at the address where the service was performed for the charge stated in the bill, and shall also include the costs of bringing the action which shall include a charge equaling the actual cost incurred by the City for inspecting the same, giving the notice, and attorneys' fees. Such person's garbage and rubbish collection service may also or alternatively be suspended for failure to pay in violation of this Chapter. Any occupant and/or owner of a residential property that has had its garbage and rubbish collection service suspended for failure to pay in violation of this Chapter shall continue, notwithstanding such suspension, to have a duty to provide for collection, removal, and disposal of garbage and rubbish.
[Ord. No. 782 §X, 2-14-2013]
No person possessing or generating infectious, hazardous or special waste shall permit such infectious, hazardous or special waste to be placed in storage containers ordinarily used for garbage or rubbish.
No person possessing or generating infectious, hazardous or special waste shall permit such infectious, hazardous or special waste to be placed in storage containers that are not clearly marked "INFECTIOUS WASTE," "HAZARDOUS WASTE" or "SPECIAL WASTE," as the case may be. Such containers shall be located and secured in a way to avoid spillage or tampering and in compliance with all applicable laws and regulations.
[Ord. No. 782 §X, 2-14-2013]
The Mayor, upon determination that the presence of a hazardous waste on a premises presents an imminent and substantial danger to health, safety or welfare of the citizens of the City of Wright City or the environment, has the authority to authorize a City employee or other agent or officer to enter the premises and conspicuously post notice(s) on the premises as a warning of the danger.
The notice(s) may read substantially as follows:
HAZARDOUS WASTE AREA
City of Wright City
For Information Contact:
City of Wright City
203 Veterans Memorial Parkway
Wright City, MO 63390
No person shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs.
[Ord. No. 782 §X, 2-14-2013]
The City shall make reasonable effort to notify the owner, occupant or person in possession of the premises of the posting action and the reason therefor. In addition, the City shall notify the Wright City Fire Protection District, Wright City Police Department, other appropriate emergency response, civil defense or governmental agencies and local utility companies of the posting action and the reason therefor.
[Ord. No. 782 §X, 2-14-2013]
The City may require the owner, occupant or person in possession to prepare a safety plan for each location that may be found to contain hazardous waste and furnish such a plan in writing to the City for approval within the time limits as set by the City. Following approval of such a plan, the City shall require the owner or person in possession to implement such a plan.
In the event the owner, occupant or person in possession cannot be found or refuses to prepare a plan and correct the hazardous situation within a reasonable time as determined by the City, the City may, if it deems it necessary in the interest of public health, safety and welfare, enter upon the premises and, either with the equipment and employees of the owner, occupant or person in possession or with City-owned or leased equipment and City employees or with other contracted services or in conjunction with other governmental authorities, do such work, as is necessary, to correct any hazardous condition.
Upon the completion of such work, the total cost of such work shall be determined and certified by the City Clerk. The certified amount with the approval of the City Clerk endorsed thereon shall be transmitted to the collector who shall assess the same as a special tax against each lot or parcel of ground chargeable therewith in the name or names of the owner or owners thereof.
All such special tax bills issued for such work shall be collectible by suit brought by the City Attorney in the name of the City. Such special tax bills and any action thereon shall be prima facie evidence of the regularity of the proceedings for such special assessment, the validity of the bill, the doing of the work and of the furnishings of the materials charged for and of the liability of the property to the charge stated in the bill, including the costs of bringing the action as a part of the cost of doing the work. Each special tax bill shall include a charge equaling the actual cost incurred by the City for inspecting the same, giving the notice and further for issuing and recording the tax bill, including attorneys fees. Such tax bills, if not paid within thirty (30) days after issuance, shall bear interest at the rate of eight percent (8%) per annum.
[Ord. No. 782 §X, 2-14-2013]
Disposal of special waste and other waste shall be in accordance with Missouri State law.
Any person desiring to dispose of special waste from a residence within the City shall contact the City's licensed authorized garbage and rubbish collector for an inspection appointment. An employee of the garbage and rubbish collector shall examine the special waste at the scheduled time and determine the most appropriate method of removal and will either arrange for removal or refer the resident to the appropriate removal entity. Removal of special wastes shall be at the resident's expense. Any person, whether residential or non-residential, desiring to dispose of special waste consisting of explosive and incendiary material such as ammunition, blasting caps and dynamite shall be removed under the supervision of the Police Department or by an agency designated by the Police Department.
Any resident desiring to dispose of major appliances/large household items, junk, or other bulky rubbish shall contact the City's licensed authorized garbage and rubbish collector to arrange for removal in compliance with the license agreement with the garbage and rubbish collector. Storage of major appliances/large household items/junk outdoors prior to collection shall be in compliance with the time frames and conditions of this Code and be rendered safe (e.g., refrigerator and freezer doors shall be removed) and have all lockable doors or latches removed or locked.
Tree limbs less than six (6) inches in diameter and brush shall be securely tied in bundles not larger than sixty (60) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed fifty (50) pounds.