[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:
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 Ozark, 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.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City.
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, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
A structure containing more than one (1) dwelling unit under
one (1) roof.
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.
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.
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.
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.
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.
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 solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from 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.Â
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.Â
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.Â
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.Â
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.Â
The
City shall provide for the collection of solid waste as follows:
1.Â
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.Â
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.Â
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.Â
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.Â
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
It
shall be unlawful for any person to:
1.Â
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.Â
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.Â
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
4.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
No
person may conduct, cause, permit or allow open burning in the City
of Ozark except as hereinafter provided.
B.Â
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.Â
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.Â
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.
4.Â
No burning shall be permitted on City right-of-way.
5.Â
Fires set in connection with agricultural or forestry operations
relating to the growing or harvesting of crops.
6.Â
Fires set for the purpose of instructing and training firemen of
the methods of fighting fires.
7.Â
Campfires and other fires used solely for recreational purposes,
for ceremonial purposes, or for outdoor non-commercial preparation
of food.
C.Â
Nothing
in this Section shall be construed to permit open burning which causes
or constitutes a hazard to vehicular or air traffic.
[R.O. 2006 §235.355; Ord. No. 01-076, 11-19-2001]
A.Â
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.Â
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.Â
All burning shall take place on the owner's property.
3.Â
No burning shall be permitted on City right-of-way.
4.Â
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.Â
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.Â
The Fire Chief or his/her designee of the Ozark Fire Protection District
has not prohibited open burning.
