[CC 1984 §9.040; Ord. No. 267, 7-17-1984; Ord. No.
527A §§6, 7(2), 10-5-1998]
A.
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.
B.
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.
C.
Requirements For Solid Waste Container. The following are
required for solid waste containers:
1.
The container shall be not less than five (5) nor more than thirty-five
(35) gallons in nominal capacity.
2.
The weight of any individual container and contents shall not exceed
seventy-five (75) pounds.
3.
The container shall be leakproof and waterproof and fitted with tight
fitting lid.
4.
The container shall be durable and cleanable.
5.
No container shall be maintained within twenty (20) feet of any public
street or public highway for more than forty-eight (48) hours.
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Provided however, commercial solid waste containers may be used at the option of the residents and, when used, the commercial solid waste container shall be capable of being mechanically lifted and emptied into a collection vehicle. In the event that commercial solid waste containers are used, then Subsections (1) and (2) shall not be applicable but all the other portions of this Section shall be in full force and effect.
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D.
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.
E.
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.
F.
Other Prohibited Practices. It shall be unlawful for any
person to:
1.
Deposit solid waste in any solid waste container other than his/her
own without the written consent of the owner of such contained.
2.
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.
3.
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.
4.
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.
5.
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]
A.
COMPOSTING
SOLID WASTE
For
the purpose of interpretation of this Section, the following definitions
shall apply:
A controlled biological reduction of organic wastes to humus.
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.
B.
Solid Waste.
1.
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.
2.
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.
3.
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.
4.
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.
C.
Composting.
1.
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.
2.
Operator responsibility.
a.
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.
3.
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.
4.
Compost piles — maintenance.
a.
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.
b.
All compost piles shall be maintained so as to prevent unpleasant,
rotten egg-like, putrefactive, sweet, sour or pungent odors.
5.
Compost piles — location.
a.
Compost bins shall be located in rear and side yards.
b.
No compost bin shall be located where it will impede or divert the
natural free flow of stormwater drainage.
c.
No compost bin shall be located within forty (40) feet of the Weatherby
Lake shore property line.
d.
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).
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.
[1]
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]
A.
The
license application shall be on a form designated by the Board. Each
applicant shall provide the following information:
1.
Whether the license sought shall be for collection, transport, processing
or disposal of garbage and trash or any combination thereof;
2.
A description of the characteristics of the garbage and trash to
be collected, transported, processed or disposed of;
3.
The number of vehicles to be employed by the applicant in his/her
operations;
4.
The precise location(s) of all garbage or trash processing or disposal
facilities to be used;
5.
A description of the boundaries of the collection area;
6.
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;
7.
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;
8.
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;
9.
Satisfactory proof of public liability insurance coverage if same
is required;
10.
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.
