[CC 1984 §9.040; Ord. No. 267, 7-17-1984; Ord. No. 527A §§6, 7(2), 10-5-1998]
Duty To Provide For Storage, Collection And Disposal Of Refuse. All person, firms or corporations owning or operating any dwelling unit, house or apartment producing refuse, solid waste or garbage and all persons owning, operating, managing or conducting any commercial, industrial, business or institutional establishment producing refuse within the corporate limits of the City shall provide sufficient and adequate refuse containers, as provided herein, for the storage of such refuse and shall made adequate provision for the storage, collection and disposal of all refuse produced upon such premise in accordance with the provisions of this Section.
Solid Waste Storage. The occupant of every dwelling unit and every institutional, commercial or industrial establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate containers for the storage of all solid waste, shall maintain such solid waste container in good repair and the area surrounding the container in a neat, clean and sanitary condition at all times. Providing however, no said container shall be required for bulky rubbish or demolition or construction waste.
Requirements For Solid Waste Container. The following are required for solid waste containers:
The container shall be not less than five (5) nor more than thirty-five (35) gallons in nominal capacity.
The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
The container shall be leakproof and waterproof and fitted with tight fitting lid.
The container shall be durable and cleanable.
No container shall be maintained within twenty (20) feet of any public street or public highway for more than forty-eight (48) hours.
Frequency Of Collection. Refuse collection shall be at intervals not greater than once each week for residents. Refuse collection for commercial, business or industrial refuse shall be at intervals not greater than once each week, provided however, upon determination by the City, that lesser intervals are necessary for the preservation of the general health with respect to a particular establishment producing refuse, then said collection shall be made at such intervals and are fixed by the Board of Alderpersons for the preservation of the public safety with respect to any particular establishment.
Inspection Permitted. The Chief of Police, his/her designated representative or the Director of Public Works may enter upon all realty within the City to determine if violation of this Section does exist, provided however, the insides of any residential unit shall not be inspected unless authorized by the occupant or by due process of law.
Other Prohibited Practices. It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such contained.
There shall be no open burning in the City of Weatherby Lake unless the individual intending to burn first secure a permit from the Fire Department serving the City of Weatherby Lake and from the City.
Dispose of solid waste at any facility or location which is not approved and which does not hold a permit issued by the Missouri Division of Health.
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City or operate under an expired permit or operate after a permit has been suspended or revoked.
To cast, throw, sweep or deposit in any manner upon any public way or lake, drain, creek, sewer or receiving basin within the corporate limits of the City any rubbish, waste, article, garbage or trash.
[CC 1984 §14.025; Ord. No. 267, 7-17-1984; Ord. No. 416, 12-17-1991]
For the purpose of interpretation of this Section, the following definitions shall apply:
- A controlled biological reduction of organic wastes to humus.
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
Solid waste storage. Loose yard wastes may be stored for periodic removal in containers constructed and maintained to prevent the dispersal of the stored yard wastes upon the property and premises served or adjacent public rights-of-way or adjacent private property. The weight of any individual container and contents shall not exceed fifty (50) pounds.
Permits — when required. No person, persons, company or corporation shall engage in the business of periodic collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining a permit from the City.
Private citizens composting their own solid wastes in accordance with the provisions of this Section are exempt and not required to obtain a permit.
Permit — conditions of grant. The applicant for a permit shall clearly show and/or indicate how the solid wastes will be collected, transported, processed or disposed of without hazard to the public health or damage to the environment and in conformity with the applicable laws of the State of Missouri and this Code. A two hundred dollar ($200.00) permit fee in accordance with Subsection (B)(4) below shall be submitted with the application.
Permit — duration and cost. Upon proper showing of conformity with Subsection (B)(3) above, a permit will be issued for a period of one (1) year. A permit fee of two hundred dollars ($200.00) shall be paid by the applicant for the privilege of operating a solid waste collection service within the City of Weatherby Lake. The permit fee shall be refunded to any applicant whose application does not meet the conditions of grant in Subsection (B)(3) above. Applicants who fail to comply with conditions of grant after commencement of business will be subject to permit revocation. Permit fees shall not be refunded to revoked permit holders.
Private use only. Compost piles established in accordance with this Section are for private use only. There shall be no commercial preparation of material to be composted or commercial use of the product of composting.
Every property owner or renter or resident shall be responsible for maintaining all property under his/her control in accordance with the requirements of this Section.
Compost piles — size and construction. All compost piles shall be enclosed in a freestanding compost bin. Each bin shall be no larger than one hundred fifty (150) cubic feet in volume. Bins shall be no taller than five (5) feet.
Compost piles — maintenance.
All compost piles shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the City to issue a complaint.
All compost piles shall be maintained so as to prevent unpleasant, rotten egg-like, putrefactive, sweet, sour or pungent odors.
Compost piles — location.
Compost bins shall be located in rear and side yards.
No compost bin shall be located where it will impede or divert the natural free flow of stormwater drainage.
No compost bin shall be located within forty (40) feet of the Weatherby Lake shore property line.
No compost pile shall be located less than ten (10) feet from the side property lines or within twenty (20) feet of any home, patio, pool or similar structure on adjacent property unless written permission has been granted by the adjoining property owner(s).
Compost piles — ingredients and contents.
[CC 1984 §12.320; Ord. No. 267, 7-17-1984; Ord. No. 2016-12, 10-12-2016]
Every person or company who engage in the business of collecting, hauling or processing any garbage, trash, refuse or rubbish within the City shall pay to the City a license fee in the amount of three percent (3%) of the gross receipts from the provision of such services. This license fee shall be in addition to all other taxes, licenses or payments required by State law or City ordinance. The license fee shall be paid to the City on a quarterly basis.
Editor's Note: Ord. No. 2016-12 also changed the title of this Section from "License Required" to "License Fee Required."
[CC 1984 §12.330; Ord. No. 267, 7-17-1984]
The license application shall be on a form designated by the Board. Each applicant shall provide the following information:
Whether the license sought shall be for collection, transport, processing or disposal of garbage and trash or any combination thereof;
A description of the characteristics of the garbage and trash to be collected, transported, processed or disposed of;
The number of vehicles to be employed by the applicant in his/her operations;
The precise location(s) of all garbage or trash processing or disposal facilities to be used;
A description of the boundaries of the collection area;
An agreement that the applicant will not dispose of any garbage or trash in any site in the City not approved by the State Division of Health;
An agreement that the applicant will, upon request, provide to the City the full name and address of all persons for whom garbage and trash collection services are being furnished;
A statement that the applicant will make any provision for the health and safety of its employees engaged in the collection of garbage and trash as the City may require;
Satisfactory proof of public liability insurance coverage if same is required;
Any other information as may be required by the City.
[CC 1984 §12.340; Ord. No. 267, 7-17-1984]
The Board may require each applicant to file and maintain with the City evidence of a satisfactory public liability insurance policy insuring all risks, operations and vehicles of the applicant in an amount of not less than one million dollars ($1,000,000.00) combined single limit. All such policies shall provide that the insurance carrier shall give not less than ten (10) days' written notice to the City prior to any cancellation of the policy.
[CC 1984 §12.350; Ord. No. 267, 7-17-1984]
All vehicles used by the licensee to collect, transport, process or dispose of garbage or trash shall be maintained in a clean and sanitary condition and shall be so constructed, maintained and operated so as to prevent spillage of any liquid or solid garbage or trash being hauled. All vehicles shall be constructed with watertight bodies and with covers of metallic or other rigid impervious material or, in the alternative, the entire body of the vehicle should be enclosed in such a manner that only the loading hopper is exposed.
[CC 1984 §12.360; Ord. No. 267, 7-17-1984]
Any application may be rejected and any license may be suspended or revoked at any time by an affirmative vote of a majority of the members of the Board. No permit shall be issued to any applicant unless the applicant proposes to dispose of all garbage and trash only at facilities or locations which are approved by the City and which hold permits issued by the State Division of Health as disposal sites. Any licensee who fails to dispose of any garbage or trash as provided in his/her application shall have his/her license suspended or revoked.
[CC 1984 §12.370; Ord. No. 173; Ord. No. 267, 7-17-1984]
No garbage or trash hauler's license shall be required for the removal, hauling or disposition of earth and rock materials from grading or excavation activities; provided that all such materials shall be conveyed in a vehicle so constructed and maintained that none of the material being transferred shall spill or be dropped from the vehicle upon any City street.