[Ord. No. 736 §1, 2-24-2005]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
All uncontained household items such as furniture, carpeting
and similar items, but does not include white goods as defined herein,
automobiles, motors, rocks, stone and dirt. Lumber, boards and tree
limbs in excess of six (6) inches in diameter shall be collected only
if cut eight (8) feet or less in length and two (2) feet or less in
diameter.
The City of Cottleville, Missouri.
A solid waste container provided by the City to customers or to persons who contract with the City for contract collection pursuant to Section 230.060 hereof.
Solid waste collection service provided by the City to owners and occupants of residential property within the City limits pursuant to Section 230.060 hereof.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Owners and occupants of residential property who are subject
to a service charge for City solid waste service.
Waste materials from the construction or destruction of residential,
industrial or commercial structures, sidewalks, streets and driveways,
including demolition wastes, construction materials, brick, wood wastes,
soil, rock, concrete and inert solids insoluble in water.
The City Administrator or his/her designee given the responsibility
for direction of the solid waste management system for the City.
Disposable paper sacks specifically designed for storage
of yard waste and compatible with collection by City solid waste transportation
vehicles and meeting specifications imposed by regulation of the Director.
The process of discarding or getting rid of solid waste.
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.
Pursuant to the Missouri Hazardous Waste Management Law,
including any waste or combination of wastes, as determined by the
Missouri 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 other living organisms.
Pursuant to the Missouri Solid Waste Management Law, 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, in quantities
and characteristics as determined by the Missouri Department of Natural
Resources by rule to constitute "infectious waste".
Pursuant to the Missouri Solid Waste Management Law, including
clothes washers and dryers, water heaters, trash compactors, dishwashers,
conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
Sections 260.200 — 260.345, RSMo., as from time to
time amended.
A housing facility containing more than one (1) dwelling
unit under one (1) roof including, but not limited to, condominiums,
townhomes or apartments.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or any other improved
real property, either as owner or as a tenant.
Both the owner or owners of record in the office of the Recorder
of Deeds of St. Charles County, Missouri, and the beneficial owner
as well.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
division or organization of any kind, or their legal representative,
agent or assigns.
Solid waste which may be removed from the waste stream prior
to disposal for sale, use or reuse.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
City solid waste service provided pursuant to Section 230.060(B)(9).
A housing facility containing one (1) or more dwelling units
under one (1) roof.
Solid waste resulting from the maintenance and operation
of dwelling units, but does not include dirt, rock or concrete.
The charge for City solid waste service as set forth in Section 230.060(B)(1) hereof.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental, domestic
activities and recyclables, but does not include hazardous waste,
recovered materials, overburden, rock, tailings, matte, slag or other
waste material resulting from mining, milling or smelting.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
A City solid waste container provided by the City to customers pursuant to Section 230.060(B)(2) hereof with a capacity of approximately sixty (60) gallons.
City solid waste service provided four (4) times per calendar year pursuant to Section 230.060(B)(10) hereof.
A City solid waste container provided by the City to customers pursuant to Section 230.060(B)(2) hereof with a capacity of approximately eighty-five (85) to one hundred five (105) gallons.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Discarded leaves, grass clippings, twigs, tree branches,
yard and garden vegetation and Christmas trees placed by the occupant
or owner of property for collection and processing or disposal. The
term does not include stumps, roots or shrubs with intact root balls.
[Ord. No. 736 §2, 2-24-2005]
A.
Solid
waste shall be stored in solid waste containers as approved by the
City Administrator. The solid waste containers shall be waterproof,
leakproof and shall be covered at all times except when depositing
solid waste therein or removing the contents thereof.
B.
Yard
waste consisting of leaves, grass clippings, yard and garden vegetation,
brush and tree limbs of less than one (1) inch in diameter shall be
stored in disposable solid waste containers. Yard wastes consisting
of Christmas trees, tree limbs of greater than one (1) inch in diameter
and other yard waste too large to fit in a disposable solid waste
container shall be either securely bundled in three (3) foot lengths
and shall not weigh more than seventy-five (75) pounds for weekly
pickup or may be piled separately in lengths not to exceed eight (8)
feet in length for bulky collection and shall not be mixed with other
solid waste for collection. All yard wastes shall be stored so as
to prevent dispersal upon the premises served, upon adjacent premises
or upon adjacent public rights-of-way.
[Ord. No. 736 §3, 2-24-2005]
A.
The
City shall provide for the collection of solid waste as follows:
1.
The City shall provide for the collection of residential solid waste in the City, as provided in Section 230.060 hereof, 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.
B.
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 property for the
purpose of collecting residential solid waste.
C.
The
following collection frequencies shall apply to collections of solid
waste within the City:
D.
Residential
solid waste containers shall be stored upon the residential property
out of view from the street fronting the property.
E.
Solid
waste collectors employed by the City or a solid waste collection
agency operating under contract with the City shall be responsible
for the collection of solid waste from the designated pickup location
to the transportation vehicle, provided the solid waste was stored
in compliance with the provisions set forth in 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.
[Ord. No. 736 §4, 2-24-2005]
A.
The
Director shall make, amend, revoke and enforce reasonable rules and
regulations governing, but not limited to:
1.
Specifications for solid waste containers, including the type, composition,
equipment, size and shape thereof.
2.
Identification of solid waste containers and of the covers thereof
and of equipment thereto appertaining, if any.
3.
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.
4.
Storage of solid waste in solid waste containers.
5.
Sanitation, maintenance, security and replacement of solid waste
containers.
6.
Schedules of, hours of and routes for collection and transportation
of solid waste.
7.
Collection points of solid waste containers.
8.
Collection, transportation, processing and disposal of solid waste.
9.
Handling of special wastes such as sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases and other solid waste
which may require special handling.
10.
Procedures and rules for any recycling operations including contracting
for the sale or collection of materials to be recycled.
11.
Standards for vehicles to be used in collection and transportation
of solid waste.
12.
Acceptance or rejection of any solid waste for collection by the
City or authorized collector if for any reason the Director has reason
to believe that such solid waste may contain any materials defined
as "hazardous" or which cannot be disposed of in a solid waste disposal
area under applicable State or Federal law and the Director may require
that any such solid waste be removed by a properly licensed hauler
at the producer's expense.
13.
The frequency of solid waste collection, provided that it is not less than that specified in Section 230.030(C).
14.
Handling of recyclables, including sorting, labeling, storage and
collection.
B.
The
Finance Director or such other City Official who is responsible for
preparing utility billings for the City is hereby authorized to make
and promulgate reasonable and necessary rules and regulations for
the billing and collection of service charges as hereinafter provided
for.
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.
[Ord. No. 736 §5, 2-24-2005]
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 City solid waste service;
2.
Fail to have solid waste collected as provided in this Chapter;
3.
Interfere in any manner with solid waste collection and transportation
equipment or vehicles or with solid waste collectors in the lawful
performance of their duties as such, whether such equipment, vehicles
or collectors shall be those of the City or those of a solid waste
collection agency operating under contract with the City;
4.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
5.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
6.
Take, steal or damage any City solid waste container or fail to return
a City solid waste container on termination of a customer's City solid
waste service or at any time at the request of the Director in good
condition, subject to reasonable wear and tear, on termination of
City solid waste service;
7.
Take, steal or damage any solid waste placed for collection for recycling
purposes;
8.
Collect solid waste in residential areas or commercial areas adjacent
to residential areas between the hours of 6:00 P.M. to 6:00 A.M. Monday
through Saturday or collect solid waste on Sunday. The City may grant
exceptions from the foregoing time limitations if the City determines
a situation exists which warrants such exception; or
[Ord. No. 736 §6, 2-24-2005]
A.
Provision Of City Solid Waste Service.
1.
Generally — powers and duties of Director. The City shall provide for the collection and disposal of residential solid waste within the City subject to and in accordance with the provisions of this Section. The Director shall have charge and supervision of the collection and disposal of residential solid waste pursuant to this Chapter and shall have the power to establish rules and regulations pertaining to the City solid waste service as provided in Section 230.040 hereof.
2.
Requirement of service — exceptions. Every
owner and/or occupant of a dwelling unit in residential property within
the City limits shall receive City solid waste service and tender
payment therefor in accordance with the service charges herein provided,
unless the Director determines that:
a.
The collection point for the residential property cannot be reasonably
accessed by City solid waste transportation vehicles or equipment.
b.
The residential property is a multiple-housing facility of a type
which typically uses a bulk solid waste container to serve several
dwelling units and there is inadequate space for storage of the number
of City solid waste containers needed to serve the dwelling units
at such multiple-housing facility and/or there is no reasonably accessible
location to place such number of City solid waste containers for collection
without blocking access to adjacent roadways or alleys.
c.
A waiver of service is authorized based on application by the owner
or occupant setting forth special circumstances which, in the judgment
of the Director, warrant that such dwelling unit in residential property
not receive City solid waste service.
3.
Application for City solid waste service. Any person
desiring initiation of City solid waste service shall make application
therefore to the City department. Said application shall show the
name and address of the owner, name of the occupant, location of the
residential property and any other information deemed necessary.
B.
City Solid Waste Service.
1.
Service charges. City solid waste service shall
consist of regular collection and special collection of residential
solid waste.
a.
Service charges billed on and after January 1, 2005, shall be imposed
on each dwelling unit and residential property as follows:
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Standard City solid waste container: $15.00 per month
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2.
City solid waste containers. Customers shall be
provided one (1) standard City solid waste container by the City.
3.
Customer responsibility. It shall be the duty of
every occupant of residential property to:
a.
Place the daily accumulation of residential solid waste other than
yard waste in a City solid waste container for collection;
b.
Place yard waste in a disposable solid waste container or special
yard waste cart for collection;
c.
To eliminate, as far as possible, all water and liquid from such
solid waste; and
4.
Location of solid waste placed for collection. All
solid waste containers containing residential solid waste to be removed
by the City and all residential solid waste placed for special collection
shall be placed by the customer in an easily accessible location as
designated by the Director which shall be adjacent to the residential
property at the back of the curb, edge of the roadway or immediately
adjacent to an alley, as the case may be, and located at least four
(4) or five (5) feet away from any obstruction. Solid waste placed
for collection shall not be located within a building or structure.
If more than one (1) solid waste container is necessary to hold the
residential solid waste accumulated at a customer's premises or if
more than one (1) solid waste container is used for the residential
solid waste from any one (1) building, all solid waste containers
shall be placed at the same location on the premises.
5.
Unlawful to deposit other than residential solid waste in
City solid waste containers for collection. It shall be unlawful
for any person to deposit in a City solid waste container from which
residential solid waste is to be removed by the City yard waste or
any material other than residential solid waste. If any City solid
waste container contains yard waste or material other than residential
solid waste, the City Collector shall not be obliged to remove the
contents of such container.
6.
Unlawful to deposit certain solid wastes for City collection. It shall be unlawful for any person to deposit in a City solid waste
container or otherwise deposit for regular collection, special collection
or contract collection the following:
a.
Hazardous wastes or any other material the collection or disposal
of which is prohibited by the State or Federal Government as a hazardous
substance;
b.
Any material or object which the Director by regulation has determined
to pose an undue threat of harm to the citizens or employees of the
City or to any public property or equipment;
c.
Any material which is prohibited by State or Federal law from being
disposed of in a solid waste disposal area;
d.
Hot ashes, dead animals, solvents, flammable liquids, dirt and demolition
and construction waste.
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Notwithstanding the foregoing, a person may deposit yard waste
for regular collection or special collection as provided in this Section
and may deposit any of the above materials for contract collection
provided such person has notified the City of the nature of the material
to be collected and the City has entered into an agreement for contract
collection of such materials.
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7.
Unlawful to place solid waste at curb, when.
a.
It shall be unlawful for any person to place or allow any solid waste to remain at the curb or edge of the roadway or any other open and unscreened area accessible to animals, other than residential solid waste, in authorized solid waste containers as provided in Subsection (B)(8) hereof on the day scheduled for the collection of residential solid waste for that location. The "day of collection" is hereby defined to be the period from 6:00 P.M. of the day preceding
collection until 8:00 P.M. the day of collection.
b.
The person in whose name the customer account is maintained and the
occupant of the residential property on which the solid waste is placed
or allowed to remain shall be prima facie responsible for its placement
and maintenance in violation hereof.
8.
Solid waste containers. All residential solid waste
(other than yard waste) for regular collection must be in a City solid
waste container and all yard waste for regular collection must be
in a disposable solid waste container or special yard waste cart.
A disposable solid waste container and its contents shall not weigh
more than seventy-five (75) pounds and a City solid waste container
and its contents shall not weight more than two hundred (200) pounds.
Solid waste containers together with their contents which do not meet
the specifications of this paragraph shall not be collected and disposed
of.
9.
Regular collection. City collection of residential
solid waste (other than yard waste) generally shall be made twice
weekly according to a schedule on file with the Director. Such schedule
may limit or specify the types of residential solid waste to be collected
on each weekly collection date. City collection of yard waste shall
be made after January 1, 2005, according to a schedule to be established
by the Director. The Director may vary the schedule and will post
notice of any such variance because of weather conditions or other
conditions which make the normal collection schedule impractical.
There shall be no City collection on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day and
other holidays determined and publicly announced by the Director.
10.
Special collection. A special collection service
for customers will be provided four (4) times per calendar year at
no additional charge on a schedule established by the Director. This
special collection service is intended for disposal of bulky solid
waste. All material for special collection shall be placed in an easily
accessible location as designated by the Director which shall be immediately
adjacent to the residential property at the back of the curb, edge
of roadway or immediately adjacent to an alley, as the case may be.
Yard waste shall be piled separately from other solid waste placed
for collection and shall be at least four (4) feet from any obstruction.
Material meeting the special collection criteria but requested by
a customer for collection on other than such customer's special collection
day may be collected by the City on the basis of contract collection
provided previous contractual arrangements are made.
11.
Collection for physically disabled or handicapped.
a.
Any occupant of residential property who, due to a physical disability
or handicap, is unable to transport a standard City solid waste container
to the curb line may request a special non-curbside collection at
the same service charge as curbside collection. A request for this
service must be submitted in writing to the Director. This request
must include certification of the applicant's physical disability
or handicap.
b.
Solid waste to be collected must be in a City solid waste container
and shall be located in an accessible location as designated by the
Director which shall be at ground level or on an open platform not
more than four (4) feet above the ground level and so placed that
they play be reached from the ground by the collector. City solid
waste containers shall not be located within a building or structure.
Collection will be made from only one (1) location on the premises.
C.
Billing And Collection.
1.
Service charges shall be included on a customer's utility bill on
a bimonthly basis and shall be payable to the City. For those customers
who do not receive other City utility service, a separate bill for
City solid waste service shall be provided on a bimonthly basis. Partial
payments of a combined bill for other City utility service and City
solid waste service shall be applied first (1st) to solid waste service
charges unless such payment specifies it should be otherwise applied.
2.
The owner or manager of a multiple-housing facility may make application
to the Director for billing of service charges for all dwelling units
in such multiple-housing facility to a single customer.
3.
City solid waste service and the service charge shall be terminated
upon presentation of satisfactory proof to the Director that any dwelling
unit is unoccupied and shall be commenced upon renewed occupancy thereof.
A charge of ten dollars ($10.00) may be imposed for terminating and/or
renewing City solid waste service to the same customer.
4.
If any charge for the service shall not be paid within twenty
(20) days of the date it becomes due and payable, a delayed payment
charge of the gross amount as shown on the bill shall be charged to
such customer and the customer shall be notified of delinquency of
that account. Should the account remain delinquent for two consecutive
billing cycles the City solid waste service to the affected premises
or units may be terminated and, if terminated, shall not be renewed
except upon receipt of payment of all delinquent service charges and
penalty charges due. If a service charge is ninety (90) days in default,
the account may be turned over to legal counsel for action. For the
purposes of this Subsection, penalty charges are equal to twenty percent
(20%) of the total delinquent service charges due and payable.
[Ord. No. 1138 §1, 1-14-2010]
5.
The system of services established by the provisions of this Chapter
is designated as an integral part of the City's program of providing
for water, sewage treatment, health, sanitation and environmental
services. The City may enforce collection of such service charges
by bringing proper legal action against the owner or occupant of any
dwelling unit to recover any sums due for such service plus all costs
of court, all fees incurred for depositions and other forms of discovery
authorized by the rules of the Missouri Supreme Court, attorney's
fees actually incurred and interest on charges from the date of delinquency
to the date of judgment at the rate of interest established by law.
[Ord. No. 736 §7, 2-24-2005]
Any person violating any of the provisions of Sections 230.010 through 230.060 or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five hundred dollars ($500.00); provided that each day's violation thereof shall be a separate offense for the purpose hereof.
