[Ord. No. 687 §1, 10-28-1975; Ord. No. 1151 §1, 7-12-1993]
As used in this Chapter the following terms shall have the meanings
ascribed to them (but any term used in this Chapter and not defined
below shall have the meaning provided in Chapter 260, RSMo.):
A battery designed to contain lead and sulfuric acid with
a nominal voltage of at least six (6) volts and of the type intended
for use in motor vehicles and watercraft.
Any construction materials, brush, wood wastes, soil, rock,
concrete, inert solids insoluble in water, and other waste or debris
resulting from the demolition of any man-made structure.
Any room or group of rooms located within or on any premises
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking, and eating.
Putrescible wastes resulting from the handling, preparation
and consumption of food and from the handling, storage and sale of
produce.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission of the State of Missouri 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.
Waste in quantities and characteristics as determined by
the Missouri Department of Natural Resources by rule, including isolation
wastes, cultures and stocks of etiologic agents, blood and blood products,
pathological wastes, other wastes from surgery and autopsy, contaminated
laboratory wastes, sharps, dialysis unit wastes, discarded biologicals
known or suspected to be infectious; provided, however, that infectious
waste does not mean waste treated to specifications of the Missouri
Department of Natural Resources.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, microwave ovens, conventional ovens, ranges, stoves,
woodstoves, air conditioners, refrigerators and freezers.
Business houses, boardinghouses, rooming houses, offices,
theaters, hotels, tourist camps, apartments, restaurants, house trailers,
cars, bars, eating houses, hospitals, schools, private residences,
vacant lots or other places within the City.
All solid wastes including garbage and rubbish.
Tin cans, bottles, papers, and small light or crafting material
from any premises within the City.
Cardboard boxes, heavy yard trimmings, which cannot be conveniently
cut into three (3) foot lengths, and other earthen, wooden, or metal
refuse-like materials, longer, larger and/or heavier than refuse.
Any material for which no use or sale is intended and which
will be discarded or any material which has been or is being discarded.
A tire that is no longer suitable for its original intended
purpose because of wear, damage, or defect.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees.
[Ord. No. 687 §2, 10-28-1975]
It shall be the duty of the Board of Aldermen to supervise the
collection, removal and disposal of all garbage, refuse, rubbish,
and rubble in the City, whether such work is done by the City or an
authorized collector. It shall also see that all other requirements
of this Chapter are enforced.
[Ord. No. 687 §3, 10-28-1975]
It shall be unlawful to burn any refuse, garbage, rubbish or
rubble in open pits, or in any open fireplaces or in any unenclosed
area, except when permit is given by the Board of Aldermen.
[Ord. No. 687 §4, 10-28-1975]
A.
It
shall be the duty of every person owning, managing, operating, leasing,
or renting any premises, dwelling unit or any place where garbage
or rubbish accumulates to provide and at all times to maintain in
good order and repair on his premises a portable container or containers
for refuse, which shall be made of metal, sturdy plastic bag or cardboard
boxes with a method of closing as to discourage rodents and flies,
and of sufficient capacity and in sufficient numbers to accommodate
and securely keep all the garbage and rubbish that may accumulate
between collections; however, each container shall not have a capacity
of more than thirty-five (35) gallons and gross weight of more than
seventy-five (75) pounds. All containers except those to be disposed
of shall be kept clean and free from accumulation of any substance
remaining attached to the inside of the container which would attract
or breed flies, mosquitoes or other insects. Such containers shall
not be put out before 6:00 a.m. the day next preceding the regularly
scheduled collection day. Such containers shall be removed no later
than 6:00 p.m. on the day following the regularly scheduled collection
day.
[Ord. No. 2172, 11-11-2019]
B.
It shall be the duty of every person owning, managing, operating, leasing or renting any commercial premises on which excessive amounts of refuse accumulates and where its storage as required in Subsection (A) of this Section is impractical to maintain a metal bulk storage container or containers, pre-approved by the Board of Aldermen.
[Ord. No. 687 §5, 10-28-1975]
A.
It
shall be the duty of every person owning, managing, operating, leasing
or renting any premises or dwelling units to place the daily accumulations
of refuse in the container or containers required by this Chapter
and it shall be the duty of every person placing garbage in any such
container to eliminate as far as possible all water and liquid from
such garbage and to securely wrap garbage in paper before placing
it in the container.
B.
It
shall be unlawful for any person to deposit or cause to be deposited
upon any city street, alley, park, parkway, or on private or public
property in the City any garbage or rubbish unless placed in containers
as required by this Chapter.
[Ord. No. 687 §6, 10-28-1975; Ord. No. 1151 §1, 7-12-1993]
It shall be unlawful for any person to deposit in a container
from which garbage, refuse, rubbish, or waste is to be removed by
the City or its authorized collector any material other than garbage,
refuse, rubbish and waste or any material which is unlawful by State
law or by this Chapter to deposit in the City Sanitary Landfill.
[1]
State Law Reference — As to similar provisions, see
§ 260.250, RSMo.
[Ord. No. 1108 §§1-5, 3-23-1992; Ord. No. 1561 §1, 2-27-2006]
A.
Except
as specifically authorized in this Section, it shall be unlawful:
1.
For any person to place, or permit another to place, any garbage,
trash, refuse or waste material of any type in any trash receptacle,
at any refuse collection point, or in any refuse container used in
or by any refuse collection service within the City of Hermann unless:
a.
The garbage, trash, refuse, or waste material is generated on the
premises served by the container or on the premises at which the receptacle
or collection point is located; or
b.
The garbage, trash, refuse, or waste material does not exceed twenty-five
(25) pounds of gross weight and does not exceed the volume of an eight
(8) gallon trash bag and was generated by a guest or business patron
of the owner or occupant of the premises served by the container or
of the premises at which the receptacle or collection point is located.
2.
For any person to place, or permit another to place, in any trash
receptacle, at any refuse collection point, or in any refuse container
used in or by any refuse collection service within the City of Hermann
any garbage, trash, refuse or waste material of any type generated
or originating from outside the boundaries of the City of Hermann.
3.
For any person to place, or permit another to place, any prohibited
refuse in any trash receptacle served by any refuse collection service
within the City of Hermann or to place any garbage, trash, refuse,
or waste material on the ground in the vicinity of any trash receptacle
or refuse collection point.
4.
For any person to place, or permit another to place, in any trash
receptacle, or at any refuse collection point, or in any refuse container
used in or by any refuse collection service within the City of Hermann,
or on the ground in the vicinity of any such location any type of
garbage, trash, refuse, or waste material which is prohibited by law,
regulation or ordinance from disposal in the city sanitary landfill.
B.
The
owner or occupant of any premises at which a trash receptacle or refuse
container or collection point is located is hereby authorized to place
and maintain a sign in the immediate vicinity thereof bearing a legend
substantially as follows:
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Unauthorized dumping of trash or garbage at this location is
prohibited by Hermann City Ordinance No. 1108.
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C.
Notwithstanding
any other Subsection of this Section, natural persons who do not reside
within the City of Hermann may be permitted to deposit certain recyclable
trash, as herein identified, in receptacles maintained and marked
for such purpose by the City of Hermann, but only under the following
express conditions:
1.
through 3. (Reserved)
4.
No person shall deposit or allow to be deposited
in any trash recycling receptacle within the City of Hermann any trash
or other waste material unless the same was generated for strictly
residential purposes on the premises of said household.
5.
Any person who deposits a permitted substance in any trash recycling
receptacle within the City of Hermann shall do so only in strict conformity
to all other ordinances and regulations of the City of Hermann and
all applicable laws and regulations of the State of Missouri and other
relevant governmental bodies or agencies.
D.
The
City Administrator shall cause to be places and maintained in the
immediate vicinity of each collection point for recyclable trash a
sign bearing a legend substantially as follows:
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Recyclable Trash Only
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Recyclable trash only may be deposited in these containers by
residents of the City of Hermann and non-residents holding a permit
issued by the City. All other uses are prohibited by Hermann City
Ordinance No. 1108.
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E.
Violation
of this Section shall be a misdemeanor.
[Ord. No. 687 §7, 10-28-1975]
Accumulations of rubbish such as paper boxes, and small, light
scrap lumber which cannot be conveniently placed in the containers
required under this Chapter shall be gathered together, baled, tied
in compact bundles, and placed in a location easily accessible for
the collection.
[Ord. No. 687 §8, 10-28-1975]
It shall be unlawful for any person in charge of any lot of
ground or other premises in the City to allow garbage or rubbish to
accumulate thereon or to permit water or putrid substance to so accumulate
as to attract rats, flies, and vermin or to cause a condition dangerous
to the health or safety of the City or any person.
[Ord. No. 687 §9, 10-28-1975]
It shall be unlawful for any person not duly authorized pursuant
to this Chapter to tamper with, overturn, remove, or destroy any garbage
container mentioned in this Chapter.
[Ord. No. 687 §10, 10-28-1975]
All garbage, refuse, rubbish and rubble within the City which
has been deposited in the containers as required by this Section 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.
[Ord. No. 687 §11, 10-28-1975]
All garbage and rubbish shall be kept in metal, plastic or heavy
cardboard containers for collection, and the containers shall be placed
at the curb site only, or in a suitable place to be determined by
agreement with the Board of Aldermen, but which placement shall be
consistent with other placements in the neighborhood, route patterns,
accessibility to the collector, and shall also be consistent with
a clean and neat appearance.
[Ord. No. 687 §12, 10-28-1975]
A.
The
City shall collect and remove garbage, refuse, and rubbish deposited
in containers from the premises of every residence, two (2) family
dwelling units, and multiple-family units once weekly. No collections
shall be made on Sunday or legal holidays.
B.
All
garbage, refuse, rubbish and rubble collections made by the City or
its authorized collectors shall be between the hours of 6:00 A.M and
6:00 P.M.
C.
Every
person responsible for any commercial business, business house, restaurant,
school, hotel, hospital, church, and any other institution or establishment
of any kind in the City shall have a private contract between such
business, etc., and the City or its authorized collector.
D.
If
any person requires more frequent or greater service than that provided
by this Section, it shall be a matter of private contract between
such person and the City or its authorized collector.
[Ord. No. 687 §13, 10-28-1975]
The collection and removal of garbage, refuse, rubbish, and
rubble by a truck or by any other vehicle or means whatsoever in the
City, or the holding out or solicitation of such businesses by any
person who does not have a contract with, or who is not duly authorized
by the City for the collection and removal of such items, shall be
unlawful.
[Ord. No. 687 §14, 10-28-1975]
The City shall make and promulgate rules and regulations concerning
garbage and trash pickup.
[Ord. No. 687 §15, 10-28-1975; Ord. No. 752 §§1 — 3, 5, 9-25-1978; Ord. No. 1811 §4, 2-22-2010]
A.
All
persons receiving or having available the collection service pursuant
to this Chapter shall pay a monthly charge.
1.
For the purpose of defraying the expenses of the City for its collection
service, the following billing and collection provisions are established:
2.
All payments received by the City under the provisions of this Chapter
shall be used to defray the expenses of the collection of garbage,
refuse, rubbish, and rubble.
3.
All charges and fees set by the authorized collector must be approved
by the City.
4.
If any bill for the pickup of solid wastes shall remain due and payable
after fifteen (15) days from the date of rendition thereof, an additional
delinquency penalty of ten percent (10%) thereof shall be added thereto.
If bill and penalty are not paid by the twentieth (20th) day of the
month, the City Collector shall notify the City Administrator that
the account of a user is delinquent and the service shall be terminated.
5.
Fees and rates for pickup of solid wastes.
a.
All businesses and residents within the City of Hermann shall be charged the monthly rates and fees set forth in Article II hereof.
b.
The Board of Aldermen may excuse payment by certain businesses and
residents from time to time by resolution when just cause is shown.
c.
The Board of Aldermen may alter and change rates from time to time
by resolution if changes are published one (1) week prior to effective
date of change.
[Ord. No. 687 §16, 10-28-1975]
If any person receiving services under the provisions of this
Chapter shall fail to pay the monthly charge therefor when due, the
City may suspend garbage, refuse, rubbish, and rubble collection to
the delinquent person until such time as the person has paid the obligation
in full. The City may, whether or not service is continued or not,
sue to collect the obligation.
[Ord. No. 903 §32, 36, 6-27-1983]
Violation of any provision of this Article shall be a misdemeanor.
