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City of Overland, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — Empty garbage and refuse containers in front of property, declared nuisances, §235.060; littering prohibited, §220.165.
Editor's Note — Sections 235.010 — 235.090 were replaced with new provisions enacted as part of the review and conference of September, 2001. Former sections 235.010 — 235.090 derived from Code 1961 §§6-43 — 6-44, 6-46 — 6-50; CC 1976 §§13-31 — 13-39; ord. no. 869 §1, 5-25-64; ord. no. 1092 §1, 4-21-69.
Editor's Note — The recycling policy related to municipal operations within the city of Overland, Missouri, St. Louis County Missouri was hereby approved by ord. no. 2012-14, May 14, 2012. Copy of said recycling policy is on file in the city offices.
[Ord. No. 2008-26 §1, 6-23-2008; Ord. No. 2010-24 §1, 6-28-2010; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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 Overland, 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.
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, microwave ovens, conventional ovens, ranges, stoves, wood stoves, air conditioners, refrigerators and freezers.
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.
OWNER
Any person who, alone or jointly or severally with others, shall own any dwelling unit or of any other improved property.
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.
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 WASTE CONTAINER
Receptacle used by any person to store yard waste during the interval between yard waste collections. Receptacles are limited to standard thirty (30) gallon paper yard waste bags or designated thirty-two (32) gallon or smaller yard waste can or cart provided through the City's contracted hauler.
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.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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.
C. 
Residential solid waste shall be stored in containers of not less than twenty (20) gallons nor more than thirty-nine (39) gallons in nominal capacity, unless container size is approved by hauler, except that residential solid waste may be stored in trash bags of adequate strength in a size not to exceed fifty-five (55) gallons. All containers, including bags, shall be leak-proof and water-proof, fly-tight and properly covered, tied or enclosed, except when depositing waste therein or removing the contents thereof. Containers other than bags shall have handles, bails or other suitable lifting devices or features. Containers other than bags shall be of a type originally manufactured for residential solid waste with tapered sides for easy emptying. They shall be of lightweight and sturdy construction. The weight of any individual container, including bags and its contents, shall not exceed seventy-five (75) pounds. Galvanized metal containers or rubber, fiberglass or plastic containers which do not become brittle in cold weather may be used in addition to bags. Disposable solid waste containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste. Galvanized metal containers or rubber, fiberglass or plastic containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste.
D. 
Commercial solid waste shall be stored in solid waste containers as approved by the Council. The containers shall be water-proof, leak-proof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 235.070.
E. 
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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. 
Individuals desiring the collection of bulky rubbish shall deal directly with those licensed by the City for the collection of the same.
D. 
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.
E. 
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.
F. 
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.
G. 
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.
H. 
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 Council upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
I. 
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.
J. 
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 6:00 A.M.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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 water-tight 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 Council.
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.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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 Council may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Council which will meet all local, State and Federal regulations.
[CC 1976 §17-34; Ord. No. 768 §1, 3-26-1962; Ord. No. 2322 §1, 1-26-1987; Ord. No. 2010-24 §2, 6-28-2010; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
It shall be deemed a nuisance for the owner/occupant of any dwelling unit to allow and permit solid waste containers, yard waste containers or yard waste, as defined in Section 235.010, to remain overnight in front of the front building lines except on the night prior to the owner's designated trash collection day.
[Ord. No. 2008-26 §§2 — 3, 6-23-2008; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
The Council 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.
B. 
The City Clerk or such other City Official who is responsible for preparing utility or other service charge billings for the City is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for, subject to the approval of the Council.
C. 
A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.
D. 
The owner and occupant of any property served or benefited by the City's solid waste collection shall be responsible for the orderly and sanitary accumulation and storage of solid waste, bulky items, recycling and yard waste pending its collection as provided herein, and said owner and occupant shall be further responsible for complying with the provisions of this Article, including the payment of reasonable solid waste bulky items, recycling and yard waste collection fees.
E. 
Any person violating any of the provisions of this Section or any lawful regulations promulgated pursuant thereto upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each day's violation may be deemed a separate offense.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
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.
5. 
No person shall dump or deposit or permit dumping or depositing of any wastes into any stream, spring, body of surface or ground water, whether natural or artificial, within the City limits.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
No person shall store in or place additional demolition and construction waste in a solid waste container which is full.
B. 
The person who has requested that a solid waste container be located to receive demolition or construction waste or any person who may lawfully require that a solid waste container be removed from a site shall require that a solid waste container which is full be removed and the waste deposited at an appropriate facility.
C. 
Demolition and construction waste shall be stored in a secure container or otherwise secured to prevent dispersal by the wind.
D. 
Demolition and construction waste shall not be stored in a floodplain unless it is stored in a waste container.
E. 
A solid waste container is full if no more waste can be added to it without making it unsafe or illegal to transport.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
The Council may require performance or payment bonds of any solid waste collection agency prior to issuing permits to so operate.
[CC 1976 §13-40; Ord. No. 2288 §1(1 — 4), 8-11-1986; Ord. No. 98-64 §1, 9-29-1998; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
Any person who owns or uses trash containers of any kind, or in whose behalf they are used by others, shall keep them at all times in a dry, sanitary, rodent-, insect-, and leak-proof condition and shall clean, sanitize and repair them as often as necessary for proper compliance with this Section. Each container shall be provided with a tightly fitting lid.
B. 
The level of the contents of trash containers, baskets, bags and ashpits shall be kept at least four (4) inches from the top. The lid of each trash container shall be kept closed at all times.
C. 
The owners or users of trash containers and the refuse collectors shall be careful to avoid spillage of contents of the trash containers and if it occurs, they shall clean it up promptly and restore the premises to a clean and sanitary condition.
D. 
Any person who fails to comply with any provision of this Section shall be deemed guilty of a nuisance and shall, upon conviction thereof, be fined and/or imprisoned in accordance with the general penalty provisions for violation of the municipal ordinances which are currently provided for in Section 100.150 of this Code of Ordinances.
[CC 1976 §13-41; Ord. No. 91-71 §§1 — 3, 12-9-1991; Ord. No. 93-41 §1, 9-8-1993; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
Requirement. All trash dumpsters on private property, whether residential, commercial or industrial, must be placed and kept within an enclosure meeting the minimum requirements stated below.
B. 
Trash Dumpster Enclosures — Construction Requirement.
1. 
A dumpster enclosure must be constructed on a concrete or asphalt pad. Posts for wood or chain link enclosures must be placed in concrete at least two (2) feet into the ground. A masonry enclosure shall be constructed on a footing that is a minimum of thirty (30) inches below grade.
2. 
Dumpster enclosures must be located behind the front building line unless otherwise approved by the Commissioner of Public Works.
3. 
Dumpster enclosures for new construction must match the character of the building. Dumpster enclosures can be made of wood, masonry or chain link. They must be enclosed on all four (4) sides and equipped with a double gate to provide access and facilitate removal of dumpster. Chain link enclosures must have vinyl privacy slats or an approved equivalent installed.
4. 
Wood enclosures must be constructed with a durable wood, such as one (1) by six (6) inch treated lumber, cedar or redwood. Masonry enclosures must be equipped with a wooden gate, chain link gate with vinyl privacy slats or a gate design approved by the Commissioner of Public Works.
C. 
Trash Dumpster Enclosure Permit Required — Procedure. Prior to constructing a trash dumpster enclosure, applicant must submit a drawing showing how the enclosure will be constructed and detailing the type of materials to be used, along with a site plan showing the location and the size of the enclosure to the City of Overland's Public Works Department. If the plan submitted meets the approval of the Public Works Department, a building permit shall be issued to the applicant.
[CC 1976 §13-42; Ord. No. 93-43 §1, 9-13-1993; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
Definition. As used in this Section, the following term has the respective meaning ascribed to it:
COMPOSTING
A controlled biological reduction of organic waste to humus.
B. 
Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
1. 
All compost bins shall be enclosed in a freestanding compost bin. Each compost bin shall be no larger in volume than seventy-five (75) cubic feet for properties ten thousand (10,000) square feet and less in size, with an additional seventy-five (75) cubic feet permitted for each additional ten thousand (10,000) square feet of space. Compost bins shall be no taller than five (5) feet.
2. 
All compost piles shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the City to issue a complaint.
3. 
All compost piles shall be maintained so as to prevent unpleasant, rotten egg-like, putrefactive, sweet, sour or pungent odors.
4. 
Unless written permission has been granted by the adjoining property owner, no compost pile shall be located less than three (3) feet from the rear or side property line, or within twenty (20) feet of any home, patio, pool, or similar structure on any adjacent property. All compost piles shall be at least three (3) feet behind the front building setback line.
5. 
No compost pile shall be located where it will impede the natural free flow of storm water drainage.
C. 
Ingredients.
1. 
No compost pile shall contain any of the following:
a. 
Lake weeds;
b. 
Food scraps;
c. 
Fish, fowl, meat or other animal products;
d. 
Manure;
e. 
Animal carcasses;
f. 
Fruits, vegetables or nuts;
g. 
Items not normally composted.
2. 
Permitted ingredients shall include:
a. 
Yard waste;
b. 
Commercial compost additives;
c. 
Wood chips.
D. 
Private Use Only. Compost piles established in accordance with this Section are for private use only. There shall be no commercial provision of material to be composted or commercial use of the product of such composting.
E. 
Owner Responsibility. Every owner or operator shall be responsible for maintaining all property under his/her control in accordance with the requirements of this Article.
[Code 1961 §6-45; CC 1976 §13-47; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
No person shall collect garbage within the City unless he/she shall first contract with the City therefor or receive a permit from the City for such purpose.
[Code 1961 §6-45; CC 1976 §13-48; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
Each permit holder shall pay annually to the City a fee in the amount of one hundred dollars ($100.00).
[Code 1961 §6-45; CC 1976 §13-49; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
When any person contracts with or receives a permit from the City for the purpose of collecting garbage therein, such person shall carry liability and property damage insurance in an amount as approved by the City on all vehicles and equipment used by him/her for the purpose of collecting garbage.
[Code 1961 §6-45; CC 1976 §13-50; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
All vehicles used for garbage collection shall have substantial, non-leakable and metallic bodies provided with tops or coverings to enclose the garbage therein in such a manner as to keep the contents from spilling out or leaking and to conceal said contents from view. Such tops or coverings must be kept closed at all times except when being loaded or unloaded.
[CC 1976 §13-51; Ord. No. 1291 §1, 4-9-1973; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
A. 
It shall be unlawful for any person to park or store any vehicle used for the hauling of garbage or rubbish at any location within the City for a period of longer than two (2) hours except in the "C-1" Neighborhood Commercial District and the "M-1" Industrial District under the provisions of Subsection (B) of this Section.
B. 
Said vehicle or vehicles may be parked in the "M-1" Industrial District and the "C-1" Neighborhood Commercial District in a completely enclosed building. Said vehicle or vehicles may be parked outdoors in the "M-1" Industrial District provided that the lot or premises upon which any such vehicle is parked shall be, at the closest point on its boundary, three hundred (300) feet or more from any other building or structure. The provisions of this Section shall not apply to prohibit the parking of any vehicle which is undergoing repairs or maintenance work upon the premises of any garage or filling station or mechanic's shop provided that such repairs or maintenance work shall be completed within a reasonable time.
[CC 1976 §13-52; Ord. No. 1291 §1, 4-9-1973; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
Any vehicle used for the hauling of garbage or rubbish and located within the City shall be washed and disinfected each day, notwithstanding that such vehicle may be temporarily out of service.
[Code 1961 §6-45; CC 1976 §13-53; Ord. No. 901 §1, 2-10-1965; Ord. No. 2012-16 §§1 — 2, 5-14-2012]
All collectors of garbage operating under a permit or contract with the City shall use due care in emptying the private containers of the residents of the City so as to prevent damage to such containers; and such garbage collectors shall also use due care in preventing any garbage from spilling out of such private containers while the contents thereof are being transferred from the containers to the garbage collection truck.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
Waste spilled or blown during the transportation of waste shall be recollected immediately if such recollection may be made safely, and as soon as possible otherwise, and placed in the transportation vehicle or solid waste container by the employees of the waste hauler, or by the person transporting the waste, whether or not such person is engaged in the business of hauling waste and whether or not the vehicle is licensed or required to be licensed under this Chapter.
[Ord. No. 2012-16 §§1 — 2, 5-14-2012]
Waste spilled or blown during the movement of waste from the point of collection into the waste transportation vehicle shall be recollected and placed in the transportation vehicle by the waste hauler whether or not the waste was placed by the generator in proper waste containers as required by this Chapter. Waste haulers are not obligated to collect waste which has not been placed in waste containers as required by this Chapter.