City of Ozark, MO
Christian County
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Table of Contents
Table of Contents
[R.O. 2006 §235.010; CC 1992 §235.010; CC 1974 §60.010]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
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 safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available therefor.
CITY
The City of Ozark, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation vehicle.
COMMERCIAL SOLID WASTE
All solid waste generated from a source other than a dwelling unit.
CONTRACTOR
Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the City.
CURBSIDE
A location adjacent to and not more than five (5) feet from any street.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Director of the Solid Waste Management Program of the City.
DISPOSABLE SOLID WASTE CONTAINER
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.
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. Units of multiple-housing facilities may be billed as dwelling units upon request by the owner of said dwelling units.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
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.
MAJOR APPLIANCES
Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers.
MULTIPLE-HOUSING FACILITY
A structure containing more than one (1) dwelling unit under one (1) roof.
OCCUPANT
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 natural individual, firm, partnership, trust, association or corporation. 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.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
PROHIBITED ITEMS
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.
RESIDENTIAL SOLID WASTE
Solid waste resulting from the maintenance and operation of dwelling units.
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 does not include "Yard Waste" as defined herein.
1. 
Commercial Solid Waste: Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple-housing facilities with more than twenty (20) dwelling units.
2. 
Residential Solid Waste: Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple-housing facilities with more than twenty (20) dwelling units.
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.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from time of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
YARD WASTES
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 seven (7) days.
C. 
Commercial solid waste shall be stored in solid waste containers as approved by the Board. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
D. 
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2006 §235.060; CC 1992 §235.060; CC 1974 §60.060]
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.
[R.O. 2006 §235.070; CC 1992 §235.070; CC 1974 §60.070]
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.
[R.O. 2006 §§235.140, 235.150; CC 1992 §§235.140, 235.150; CC 1974 §§60.140, 60.150]
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 curbside 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 curbside no later than 8:00 P.M. on the day of collection. No alley service shall be allowed under the terms of this Chapter, except as approved by the Board of Aldermen.
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 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. Six (6) days shall intervene between collections. All commercial waste shall be caused to be collected once weekly by the owner or operator therefor and shall be collected at such lesser intervals as may be fixed by the Director 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. 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.
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. 2006 §235.110; CC 1992 §235.110; CC 1974 §60.110]
Tree limbs and yard wastes, as described in Sections 235.020 and 235.025 respectively, shall be placed at the curb or front property line fronting on a street 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 front property line fronting on a street for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb or front property line fronting a street for collection shall not be so placed until the regularly scheduled collection day.
[R.O. 2006 §235.120; CC 1992 §235.120; CC 1974 §60.120]
Bulky rubbish shall be collected by request to the Director. The Director shall establish the procedure and fees for collecting bulky rubbish.
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 exposed. 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.
C. 
Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section 235.050.
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.
[R.O. 2006 §235.190; CC 1992 §235.190; CC 1974 §60.190]
The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations
[R.O. 2006 §235.320; CC 1992 §235.320; CC 1974 §60.320; Ord. No. 992, 6-21-1988]
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. No person shall throw, dump, deposit or cause to be thrown, dumped or deposited litter on property owned by another person without the permission of the owner or occupant of such property. If an object of litter is discovered on another person's property and permission has not been given to use the property for such purpose, then it shall be presumed that the person whose name appears on the object thrown, dumped or deposited caused it to be thrown, dumped or deposited there. If the throwing, dumping or depositing of litter was done from a motor vehicle, except a motorbus, it shall be presumed that the throwing, dumping or depositing was done by the driver of the motor vehicle. Presumptions in this Section may be overcome by proof that the person identified from the litter caused the litter to be collected and transported for disposal at an approved site by a person licensed by the City to collect and dispose of solid waste.
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. 2006 §235.330; CC 1992 §235.330; CC 1974 §60.330; Ord. No. 753, 1-19-1978]
A. 
There may be imposed for the collection and disposal of solid waste a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this Chapter.
1. 
The monthly service charge for the collection of residential solid waste within the City limits of the City of Ozark shall be established by the Board of Aldermen from time to time.
2. 
The service and service charge shall be terminated upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
3. 
The system of services established by the provisions of this Chapter is designed as an integral part of the City's program of health and sanitation to be operated as an adjunct to the City's system for providing potable water and the City's system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any premises which has received such services to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the court.
4. 
The service charge herein provided for is hereby imposed upon the occupant of each dwelling unit receiving such service under the provisions of this Chapter, and billing therefor shall be made to the person contracting for City water and/or sewerage service or for other water service or otherwise providing water service to each such dwelling unit. In the absence of information that such person is neither the owner nor the tenant of such dwelling unit, billing therefor shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.
5. 
Said service charge shall be made and included in the monthly water bill issued to such person or persons and shall be in the amount as set by the Board of Aldermen in accordance with the provisions hereof, but if more than one (1) dwelling unit is served by City water and/or sewerage service and included in one (1) such water bill, such service charge shall be multiplied by the number of dwelling units so served and included in said water bill. If a dwelling unit in said City is not served with City water and/or sewerage service for which a monthly water bill is not issued, a separate bill for such service charge shall be issued to the owner or occupant of such property.
[R.O. 2006 §235.300; CC 1992 §235.300; Ord. No. 927, 12-1-1986; Ord. No. 94-29 §1, 6-20-1994; Ord. No. 01-076, 11-19-2001]
A. 
No person may conduct, cause, permit or allow open burning in the City of Ozark except as hereinafter provided.
B. 
These regulations shall not apply to the following except when a "burn permit" is required by the Missouri Department of Natural Resources or the Ozark Fire Protection District:
1. 
Open burning of tree limbs, tree trunks, vegetation or untreated waste lumber when such burning takes place at the site of a sanitary landfill licensed under the provisions of Section 64.470, RSMo.
2. 
Waste materials resulting from wood processing facilities in existence as of the effective date of this Chapter, and which do not relocate to a new site and producing less than eight thousand (8,000) board feet or equivalent per day, may be openly burned if at least two hundred (200) yards from the nearest dwelling.
3. 
Open burning of yard waste as allowed under Section 235.100.
4. 
No burning shall be permitted on City right-of-way.
5. 
Fires set in connection with agricultural or forestry operations relating to the growing or harvesting of crops.
6. 
Fires set for the purpose of instructing and training firemen of the methods of fighting fires.
7. 
Campfires and other fires used solely for recreational purposes, for ceremonial purposes, or for outdoor non-commercial preparation of food.
C. 
Nothing in this Section shall be construed to permit open burning which causes or constitutes a hazard to vehicular or air traffic.
D. 
Violations of this Section shall be punished as provided in Section 100.220 of this Code.
[R.O. 2006 §235.355; Ord. No. 01-076, 11-19-2001]
A. 
Open burning of grass, leaves, weeds, tree limbs or natural vegetation generated upon a landowner's property shall be permitted year round, during daylight hours only under the following conditions:
1. 
The location for any open burning shall not be less than twenty-five (25) feet from any structure and provisions shall be made to prevent the fire spreading to within twenty-five (25) feet of any structure.
2. 
All burning shall take place on the owner's property.
3. 
No burning shall be permitted on City right-of-way.
4. 
Open burning shall not be used for waste disposal purposes, shall be of the minimum size of the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
5. 
Any open burning shall be constantly attended until the fire is completely extinguished. Fire extinguishing equipment, i.e., garden hose etc., shall be available for immediate use.
6. 
The Fire Chief or his/her designee of the Ozark Fire Protection District has not prohibited open burning.