[R.O. 2012 §230.010]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors, with the equipment
available therefor.
The City of Ash Grove, Missouri.
Removal of solid waste, from its place of storage to the
transportation vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons, or if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission by rules and regulations, which,
because of its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or pose a present or potential threat to the
health of humans or the environment.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, microwave ovens, conventional ovens, ranges, stoves,
wood stoves, air-conditioners, refrigerators and freezers.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
PERSON — Any individual, partnership, limited liability
company, corporation, association, trust, institution, city, county,
other political subdivision, authority, State agency or institution,
or federal agency or institution, or any other legal entity. As applied
to partnerships or associations, the word includes the partners or
members thereof; and as applied to corporations, it includes the officers,
agents or employees thereof who are responsible for the act referred
to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area, including but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
Solid waste resulting from the maintenance and operation
of dwelling units.
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 does not include "yard waste" as
defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
The entire process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
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, business,
industrial or agricultural establishment shall place all solid waste
to be collected in proper solid waste containers and shall maintain
such solid waste containers and the area surrounding them in a clean,
neat and sanitary condition at all times. Accumulation of waste in
suitable containers shall not be stored upon any site in the City
for a period longer than ten (10) days.
[R.O. 2012 §230.030]
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 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 interests
of the City.
2.
Other collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B.
All solid
waste from premises to which collection services are provided under
contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at the curb for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from the curb
no later than 8:00 P.M. on the day of collection.
D.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.
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.
F.
It shall
be the responsibility of the occupants of each dwelling unit to prepare,
package and deliver solid waste to curbside for collection as prescribed
in this Chapter and as it may be amended from time to time.
G.
It shall
be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It shall
be the responsibility of every solid waste collector to abide by this
Chapter and receive and transport solid waste in a manner consistent
with the provisions of this Chapter.
I.
The following
collection frequencies shall apply to collections of solid waste within
the City: All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. All commercial solid waste shall
be collected once weekly, and shall be collected at such lesser intervals
as may be fixed by the Board upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out of doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
All solid
waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L.
It shall
be unlawful for any person, firm or corporation collecting and disposing
of rubbish, garbage or waste material from premises in the residential
districts or premises in any commercial district which abuts or adjoins
a residential district in the City to make such collection or dispose
of rubbish, garbage or waste materials between the hours of 9:00 P.M.
and 7:00 A.M.
[R.O. 2012 §230.040]
A.
All transportation
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 transportation
of solid waste shall be constructed with watertight bodies and with
covers which shall be an integral part of the vehicle or shall be
a separate cover of suitable material with fasteners designed to secure
all sides of the cover to the vehicle and shall be secured whenever
the vehicle is transporting solid waste, or, as an alternative, the
entire bodies thereof shall be enclosed, with only loading hoppers.
Provided however, other vehicles may be used to transport bulky rubbish
which because of its size or weight, is not susceptible to being loaded
or unloaded in vehicles described above, but in no event shall such
vehicles be operated without adequate cover or binding to prevent
spillage or waste therefrom and in accordance with the rules and regulations
made by the Board.
B.
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.
[R.O. 2012 §230.050]
A.
Solid
wastes shall be deposited at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and
the rules and regulations adopted thereunder. The City may designate
the processing or disposal facility to be utilized by persons holding
permits under this Chapter.
B.
The Board
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
A.
The Board
may make, amend, revoke and enforce reasonable and necessary rules
and regulations, governing, but not limited to:
1.
Preparation,
drainage and wrapping of garbage deposited in solid waste containers.
2.
Specifications
for solid waste containers, including the type, composition, equipment,
size and shape thereof.
3.
Identification
of solid waste containers, and of the covers thereof, and of equipment
thereto appertaining, if any.
4.
Weight
limitations on the combined weight of solid waste containers and the
contents thereof, and weight and size limitations on bundles of solid
waste too large for solid waste containers.
5.
Storage
of solid waste in solid waste containers.
6.
Sanitation,
maintenance and replacement of solid waste containers.
7.
Schedules
of and routes for collection and transportation of solid waste.
8.
Collection
points of solid waste containers.
9.
Collection,
transportation, processing and disposal of solid waste.
10.
Processing
facilities and fees for the use thereof.
11.
Disposal
facilities and fees for the use thereof.
12.
Records
of quantity and type of wastes received at processing and/or disposal
facilities.
13.
Handling
of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
[R.O. 2012 §230.070]
A.
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 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 and transportation 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, those of a solid waste collection agency operating under
contract with the City, or any duly licensed collector;
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 permit
from the City, or operate under an expired permit, or operate after
a permit has been suspended or revoked.
[R.O. 2012 §230.080]
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[R.O. 2012 §230.100; Ord. No. 579 §§1 — 5, 5-1-1989; Ord. No. 769 §1, 2-3-2003]
A.
It is
unlawful for any person to:
1.
Deposit,
place, throw or discard any trash, garbage, refuse, rubbish, litter
or any other type of liquid or solid waste product in any trash receptacle,
dumpster, or other solid waste container used for refuse collection
other than his/her own within the City of Ash Grove, Missouri, without
the written consent of the owner of such trash receptacle, dumpster,
or container. If any person is charged with depositing trash, garbage,
refuse, rubbish, litter or any other type of solid waste product in
any trash receptacle, other than his/her own, but was not actually
observed depositing said garbage, litter, rubbish or refuse in said
receptacle, there shall nevertheless be a rebuttable presumption that
said person deposited said trash in the receptacle without the written
consent of the owner thereof and in violation of this Article, if
any garbage, litter, refuse or rubbish is found in said trash receptacle
which has imprinted thereon the name, the address or any other markings
or symbols identifying said person.
2.
Interfere
in any manner with solid waste collection and transportation equipment,
or with solid waste collectors in the lawful performance of their
duties as such, whether such equipment or collection shall be those
of the City, or those of a solid waste collection agency operating
under the contract with the City.
3.
Burn
solid waste unless an approved incinerator is provided or unless a
variance has been obtained from the City or the appropriate air pollution
control agency.
4.
Dispose
of solid waste in any facility or location which is not approved by
the City and the State Department of Natural Resources.
5.
Climb
in, or upon a trash receptacle, dumpster or container in the City
of Ash Grove, Missouri, or pillage, dig, or look through any such
receptacle, dumpster or container.
6.
Places
any items not specifically designated as recyclable material in recycling
facilities (bins, barrels, containers, etc.). It shall also be unlawful
to place recyclable material of one type in facilities designed and
marked for a different type of recyclable material.
B.
GARBAGE
LITTER
PERSON
REFUSE
RUBBISH
Definitions. For purposes of this Section, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage", "refuse", and "rubbish" as defined herein and
all other waste material which the Board of Aldermen finds if thrown
or deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
Any person, firm partnership, association, corporation, company
or organization of any kind.
All putrescible and non-putrescible solid waste including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial waste.
Non-putrescible solid waste consisting of both combustible
and non-combustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, weeds, tree trimmings, wood, glass, bedding,
crockery, discarded appliances, industrial waste, demolition and construction
waste, and any other waste resulting from the maintenance and operation
of any commercial, industrial, institutional or agricultural establishment,
or any dwelling unit.
C.
Penalties. Any person who violates the provisions of this
Section shall be punished upon conviction thereof by a fine of not
more than five hundred dollars ($500.00), except a minimum fine for
a second (2nd) offense shall be fifty dollars ($50.00) plus court
costs, and a minimum of one hundred dollars ($100.00) plus court costs
for each offense thereafter.
