[Ord. No. 723 §1]
For the purposes of this Chapter the following terms shall be
deemed to have the meaning indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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 loaded in solid waste collection vehicles
with safety and convenience by solid waste collectors, with the equipment
available therefor.
CITY
The City of Palmyra, Missouri.
COLLECTION
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons especially designed for storage of
solid waste.
DWELLING UNIT
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Including but not limited to: pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
OCCUPANT
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or any other improved
real property, either as owner or as a tenant.
PERSON
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent or assigns.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
1.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
SOLID WASTE CONTAINER
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material,
in particular the final disposition of solid waste by man.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
[Ord. No. 723 §2; Ord. No.
807 §1; Ord. No. 1058-03-4 §1, 8-21-2003]
A. The
occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the City, shall provide sufficient
and adequate containers for the storage of all solid waste except
bulky rubbish and demolition and construction waste to serve each
such dwelling unit and/or establishment; and to maintain such solid
waste containers at all times in good repair.
B. The
occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural, or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.
C. Residential
solid waste shall be stored in containers of not more than thirty-five
(35) gallons nor less than twenty (20) gallons in nominal capacity.
Containers shall be leakproof, waterproof, and fitted with a tight
lid and shall be properly covered at all times. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for east emptying. The shall be of
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Galvanized metal containers, rubber or fiberglass containers, and
plastic containers which do not become brittle in cold weather, may
be used. Disposable solid waste containers with suitable frames or
containers as approved by the Council may also be used for storage
of residential solid waste.
D. Commercial
solid waste shall be stored in solid waste containers which shall
be waterproof, leakproof and shall be covered at all times except
when depositing waste therein or removing the contents thereof. Said
containers shall be of a type originally manufactured for commercial
solid waste and shall be not more than six (6) yards nor less than
one and one-half (1½) yards in nominal capacity.
E. Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F. Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights of
way. The weight of any individual container and contents shall not
exceed seventy-five (75) pounds.
G. Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
H. It
shall be the responsibility of the property owner of any multiple
residential housing unit having more than two (2) dwelling units under
one (1) roof to establish an area on the property for the location
of solid waste containers. All solid waste containers shall be placed
in a suitable place on the property and shall be easily accessible
at all times. If visible from a public street or public alley, solid
waste containers of a multiple residential housing unit having more
than two (2) dwelling units under one (1) roof shall be concealed
from view by gates or fences.
[Ord. No. 978-95-02 §2, 2-16-1995]
A. Any
accumulation of solid waste on any property which presents a hazard
to children, or creates a fire hazard, or affords a breeding place
or nesting place for mosquitos, flies, rodents, rats, or other vermin,
is a public nuisance.
B. It
shall be unlawful for any person to create or maintain a nuisance
as defined in this Section.
C. Whenever the Chief of Police or his/her duly authorized representative determines that any accumulation of solid waste is a nuisance as defined herein, he/she shall cause written notice to be served upon the owner or occupant of the property upon which such accumulation of solid waste is located by certified mail or by personal service. The notice shall state that the accumulation of solid waste is deemed to be a nuisance within the provisions of Section
215.025 hereof, and shall briefly state facts deemed to constitute such accumulation of solid waste as a nuisance within the terms of this Section, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.
D. When
the owner or occupant of the property upon which such nuisance is
located cannot be found by reasonable search, the notice shall be
attached to the property, briefly stating the facts deemed to constitute
the accumulation of solid waste a nuisance and stating that the nuisance
shall be abated within seven (7) days of the date the notice was posted.
E. The
owner or occupant of the property upon which such nuisance is located
shall comply with the provisions of the notice requiring abatement.
Failure to comply with the provisions of the notice requiring abatement
shall be unlawful.
F. If
not removed within the time specified in the notice, the accumulation
of solid waste may be disposed of by or at the direction of the Chief
of Police or his/her duly authorized representative at the expense
of the owner or occupant of the property upon which such accumulation
of solid waste is located.
G. The
Chief of Police or his/her duly authorized representative may enter
upon private property for inspection or for the purpose of removing
any accumulation of solid waste in accordance with this Chapter.
H. Any
person violating any of the provisions of this Section shall, upon
conviction, be punished by a fine of not less than five dollars ($5.00)
nor more than five hundred dollars ($500.00), and each day's violation
thereof shall be a separate offense for the purpose hereof.
[Ord. No. 723 §3; Ord. No. 807 §§2,3; Ord. No. 1274-23-09, 7-6-2023]
A. The City shall provide for the collection of solid waste as follows:
1.
Collection Of Residential Solid Waste. The City shall provide
for the collection of all residential solid waste in the City; provided,
however, that the City may provide the collection service by contracting
with a person, county, or other city or a combination thereof, for
the entire City or portions thereof, as deemed to be in the best interest
of the City.
2.
Collection Of Commercial Solid Waste. The City shall provide
for the collection of all commercial solid waste in the City; provided,
however, that the City may provide the collection service by contracting
with a person, county, or other city or a combination thereof, for
the entire City or portions thereof, as deemed to be in the best interests
of the City.
3.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein; provided, however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk as provided in Section
215.020(E). All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
4.
Tree limbs, brush and yard waste shall be placed at the curb
or alley for collection. Solid waste containers as required by this
Chapter for the storage of other residential solid waste shall be
placed at the curb or alley for collection. Any solid waste containers,
tree limbs, brush, yard wastes, or other solid waste permitted by
this Chapter to be placed at the curb or alley for collection shall
not be so placed until the regularly scheduled collection day.
5.
Bulky rubbish shall be collected by request to the contracting
agent of the City.
6.
Solid waste collectors, employed by the City or a solid waste
collection agency operating under contract with the City are hereby
authorized to enter upon private property for the purpose of collecting
solid waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner.
7.
The following collection frequencies shall apply to collection
of solid waste within the City:
a.
All Residential Solid Waste Shall Be Collected At Least Once
Weekly. At least ninety-six (96) hours shall intervene between collections.
b.
All commercial solid waste shall be collected at least once
weekly and may be collected twice weekly.
c.
For elderly persons on a fixed income and very little solid
waste, a bag service may be offered by the City whereby bags may be
purchased at City Hall and the purchase price shall include free pickup
of the bag when placed at the curb on a scheduled pickup day.
8.
Residential solid waste containers shall be stored upon the
residential premises. Commercial solid waste containers shall be stored
upon private property, unless the owner shall have been granted written
permission from the City to use public property for such purposes.
The storage site shall be well drained; fully accessible to collection
equipment, public health personnel and fire inspection personnel.
9.
All collection vehicles shall be maintained in a safe, clean
and sanitary condition, and shall be so constructed, maintained and
operated as to prevent spillage of solid waste therefrom. All vehicles
to be used for collection of solid waste shall be constructed with
watertight bodies and with covers which shall be an integral part
of the vehicle or shall be secured whenever the vehicle is transporting
solid waste, or, as an alternate, the entire bodies thereof shall
be enclosed, with only loading hoppers exposed. No solid waste shall
be transported in the loading hoppers.
10.
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities,
however, all such material shall be conveyed in tight vehicles, trucks,
or receptacles, so constructed and maintained that none of the material
being transported shall spill upon the public rights-of-way.
11.
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections
215.040 and
215.050.
[Ord. No. 723 §6; Ord. No.
1125-09-08 §1, 11-5-2009]
A. It
shall be unlawful for any person to:
1. Deposit solid waste in any solid waste container other than his own,
without the written consent of the owner of such container and/or,
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;
2. Interfere in any manner with solid waste collection equipment, or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collectors shall be those of the
City, or those of a solid waste collection agency operating under
contract with the City;
3. Dispose of solid waste at any facility or location which is not approved
by the City and 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 contract with the City.
5. Leave any yard waste material at the Palmyra Street Department transfer
station unless such material originated from property located within
the City limits of the City of Palmyra, Missouri.
[Ord. No. 723 §8]
Any person violating any of the provisions of this Chapter or
any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00); provided, that
each day's violation thereof shall be a separate offense for the purpose
hereof.
[Ord. No. 840 §§1 —
5; Ord. No. 993-96-05 §1, 4-18-1996]
A. Except as provided in Subsection
B, it shall be unlawful for any person, firm, or corporation to cause, or permit to be caused, the burning of any solid waste on any street, alley, vacant lot, or on any premises adjacent to or outside of buildings, located within the city limits of Palmyra.
B. Except
in Blocks Thirteen (13), Twenty (20), Twenty-eight (28), Twenty-nine
(29), Thirty-six (36), Thirty-seven (37), Forty-three (43), and Sixty-seven
(67) of the City of Palmyra, it shall be lawful to cause, or permit
to be caused, the burning of paper products, wood products or leaves
between the hours of 8:00 A.M. to 5:00 P.M., provided that such burning
is attended at all times by one (1) or more persons.
C. SOLID
WASTE — As used in this Section, shall mean unwanted or discarded
waste materials in a solid or semi-solid state, including but not
limited to garbage, ashes, paper products, wood products, leaves,
ashes, street refuse, rubbish, dead animals, animal or vegetable wastes,
agricultural wastes, yard wastes, discarded appliances, special wastes,
industrial wastes, and demolition and construction wastes.
D. Nothing
in this Section shall be construed to make it unlawful in the burning
of materials in connection with the handling, preparation, cooking,
preserving, serving or consumption of food.
E. Any
person, firm or corporation violating this Section shall be punished
by a fine of not less than five dollars ($5.00) nor more than one
hundred fifty dollars ($150.00).