[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 7-17-2023 by Ord. No. 384.[1] Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Rejected food wastes, including waste accumulation of animal,
fruit or vegetable matter used or intended for food or that attends
the preparation, use, cooking, dealing in or storing of meat, fish,
fowl, fruit or vegetable.
All materials collected for recycling, including but not
limited to the following: newspapers, clear glass, tin and steel cans,
aluminum, polyethylene terephthalate (PET #I), high density polyethylene
(HDPE #2), and plastic jugs.
Nonputrescible solid waste, consisting of both combustible
and noncombustible waste, including paper, cardboard, metal containers,
ashes, wood, glass, bedding, crockery, demolished building materials,
or litter of any kind that may be a detriment to the public health
or safety.
All waste, tree trimmings, grass cuttings, dead plants, weeds,
leaves, dead trees or their branches.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for "repeated violations," which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
The occupant of a residential, commercial, or industrial building or structure having garbage, trash, recycling or yard waste pickup service furnished by a person or entity licensed to render such service pursuant to Article II of this chapter shall place all the garbage or yard waste in a closed, watertight bag or container; shall place all of the trash in a dumpster, vessel, or box suitable for storing and carrying trash; shall bundle all brush, twigs, and tree limbs. The foregoing sentence shall apply only to garbage, not to trash, brush, or yard waste on days designated by the Village as cleanup days during which Village employees pick up trash, brush, or yard waste. All of the bags, containers, vessels, boxes, and bundles shall be placed in a location where they are readily accessible for collection. The occupant of any residential structure shall not knowingly place any of the bags, containers, vessels, boxes, bundles, or any garbage or trash, on a street, parkway, or sidewalk prior to 6:00 p.m. on the day before the day of collection established by the garbage and trash collector; nor shall the occupant knowingly permit the bags, containers, vessels, boxes, bundles, or any garbage, yard waste, or trash to remain on a street, parkway, or sidewalk after 7:00 p.m. on the date of collection.
When a residential building or structure contains more than
two dwelling units, the owner or landlord shall have the duty to provide
suitable trash cans, containers or dumpsters for the use of the occupants
or tenants. Failure to do so constitutes a violation of this article.
This article shall not be applicable to any person or entity
carting trash, garbage or yard waste when such is done on a gratuity
basis and no charge is made.
It shall be unlawful for any person or entity to engage in the business of collecting or hauling trash, garbage or yard waste within the Village unless such person or entity shall first have obtained a license, except as provided in § 300-5.
Any person or entity desiring to engage in the business of collecting
or hauling garbage, trash or yard waste within the limits of the Village
shall make application to the Village Council or its designated representative.
Such application shall include the type of service to be rendered
and a description of all equipment to be used, and shall have attached
copies of certificates of insurance coverage limits. In addition,
the application shall contain at a minimum the following information:
A.
The name and business address of the applicant. If the applicant
is a corporation, the names and addresses of all the directors, officers
and shareholders owning a 10% interest or more in the corporation
shall be given. If the applicant is a partnership, the names and addresses
of each partner shall be given.
B.
The place where it is proposed to maintain the applicant's business
and the proposed hours of operation of the business.
C.
A list of all assumed, trade or firm names under which the applicant
intends to do business.
D.
Whether or not the applicant or person conducting or managing the
applicant's business has been convicted of, pled guilty to, or
pled no contest to a crime or municipal civil infraction. In the event
of an affirmative response, the applicant shall state the activity
involved, along with the date, place and jurisdiction of each offense.
No license shall be issued to any person for the purpose of
collecting or hauling garbage and trash unless the applicant is able
to demonstrate the ability to comply with the following requirements:
A.
To provide pickup service at least once each week to every person
in the Village desiring such service and to provide at least one backup
vehicle to ensure prompt pickup in case of equipment failure.
B.
To insure each truck or piece of equipment against injury to person
or property for damage to property, for injury or death to any person,
and for injury or death to any person in any single accident in amounts
as required by the Village Council. Certificates of such insurance
shall be filed with the Village Clerk/Treasurer before any license
shall be issued.
All licensees to collect or haul garbage, trash or yard waste
pursuant to this article shall comply with the following standards
and requirements during the term of the license:
A.
Maintain service standards and insurance coverage required for issuance of the license as provided in § 300-8 and include the Village and its officers and employees as additional insureds on such insurance policies and indemnify and hold the Village harmless from any liability claims that may arise as a result of the licensee's operations for collection or hauling of garbage, trash or yard waste within the limits of the Village.
B.
Provide all dumpsters, receptacles, and vehicles used for collection
or hauling garbage, trash or yard waste with bins so as to prevent
spillage and reduce noxious odors. No open equipment shall be permitted
unless it is used under emergency conditions, and each such emergency
use shall be approved by the Village Manager prior to its use.
C.
Comply with all applicable federal and state statutes and regulations
concerning the utilization of garbage and waste hauling equipment
in compliance with such statutes and regulations, including appropriate
licensing and registrations.
D.
Provide a sufficient number of trucks, equipment, and personnel to
perform all services in a prompt and efficient manner so as to not
delay the collection of household trash or garbage within the limits
of the Village.
E.
Display at all times on the equipment and vehicles utilized to collect
garbage, trash, or yard waste in the Village in an open, prominent,
and visible manner the name and address of the licensee and a telephone
number where customers of the licensee can contact the licensee or
the representative of the licensee in the local calling area without
additional charge for long distance rates.
F.
For residential customers, the licensee shall collect from each of
the licensee's customers in the Village all garbage, trash and
yard waste placed in containers or dumpsters approved by the Village,
or in conventional-type trash cans with a capacity not exceeding 96
gallons or 60 pounds for each container in weight. Except as set forth
in this article, there are no limits as to the number of containers
in use at each customer pickup location. The service will be provided
not less than once each week for garbage, trash and yard waste. If
recycling services are offered as set forth herein service shall be
provided not less than two times per month. Yard waste and other bulky
refuse must be placed on the curb for pickup on the designated day
of service. The following standards shall be complied with in connection
with such service:
(1)
The following items need not be picked up by the licensee unless
special arrangements are made with it by the customer and should not
be included in the definition of "household garbage or trash": tree
trunks and stumps, brush, motor vehicles, motor vehicle parts, large
machines, furniture, appliances, bulkier building materials, or any
other items which due to bulk will be unusually difficult for the
personnel of the licensee to load or haul away.
(2)
The licensee will serve any customer that desires a special pickup
service at a quoted cost based upon the level of service to be provided
by the licensee to the customer.
(3)
The collection day for the residential pickup in the Village limits
shall be designated by the Village at the time the license is granted.
The licensee shall not operate its vehicles for purposes of collection
of such trash or refuse from its customers before the hour of 6:00
a.m., local time, or after the hour of 7:00 p.m., local time. If the
designated collection day falls on a holiday, the pickup is scheduled
for the next following day.
(4)
The licensee will provide front-door or garage pickup service to
any customer that is physically unable to bring the trash containers
to the front comer of the house, without additional charge, the determination
of physical incapacity to be made by the licensee; except if the customer
disagrees with the licensee's determination, the Village Manager,
after consultation with the customer and with the licensee, will make
such determination based on information submitted by the licensee
and the customer.
(5)
The licensee will provide a spring and fall cleanup service to their
customers without additional charge to the Village.
(6)
The licensee will provide a la carte pricing for yard waste services.
(7)
The licensee will ensure that all garbage, trash or yard waste is
appropriately collected and that no items are left behind which would
constitute littering.
(8)
The licensee shall permit all customers to place their account on
hold for four months each winter (December, January, February, and
March) without penalty.
(9)
The licensee shall not cause, suffer to be caused or in any way contribute
to the discharge, release or accumulation of any hazardous/toxic material
upon any public way or any other area open to the public within the
Village. Any such discharge, release or accumulation shall be deemed
to be a public nuisance. "Hazardous/toxic materials" means any material
or substance which, because of its quantity, concentration or physical,
chemical or infectious characteristics, presents a direct and immediate
threat to the public health or safety or to the environment, and requires
immediate action to mitigate the threat.
G.
The licensee may offer recycling services. If so, the following standards
shall apply:
(1)
The recycling program shall be carried out on the same day as the
licensee provides its curbside collection of household garbage, trash
and yard waste from residential customers.
(2)
Curbside recycling will be provided by the licensee through the use
of cart type containers with a capacity not exceeding 96 gallons provided
by the licensee.
The fee for a license issued pursuant to this article shall
be set by the Village Council as part of its annual budget.
The application for renewal, suspension, revocation, display
and transfer of a license required shall be as follows:
A.
Renewal. An application for renewal of a license shall be considered
in the same manner as an original application.
B.
Denial, revocation or suspension.
(1)
A license application may be denied, and a license previously issued
may be revoked or suspended by the Village Manager at any time for
any of the following reasons:
(a)
An intentional or negligent misrepresentation or false statement
made on the license application.
(b)
Failure to comply with any of the requirements of this article.
(c)
Failure to comply with any of the requirements of the Village
ordinance.
(d)
Conducting a business in an unlawful manner in such manner as
to constitute a public nuisance.
(2)
Unless otherwise specifically provided in other Village ordinances,
the Village Manager has exclusive power to make decisions regarding
the granting, denial, suspension or revocation of licenses. However,
the Village Manager may decline to decide such a matter and refer
the decision to Village Council. A written notice of the denial of
the license application, or suspension or revocation of a previously
granted license, stating the grounds for such actions, shall be delivered
to the licensee personally or mailed to the address as shown in the
application for license.
(3)
Within 10 days of delivery or mailing of a written notice of denial,
suspension or revocation of a license by the Village Manager, a licensee
or applicant may appeal such action to the Village Council by filing
with the Clerk/Treasurer a written objection to the action and requesting
a hearing before the Council. The time of the hearing and conduct
of the hearing shall be established in accordance with the procedures
adopted by the Council.
C.
Display requirements.
(1)
No licensee shall fail to conspicuously display on each vehicle,
or machine required to be licensed by the article, such tags, stamps
or insignia as may be required by Village ordinance.
(2)
No person shall display any expired, suspended or revoked license,
or license for which a duplicate has been issued.
D.
Transferability. The license issued under this article shall not
be transferable without the approval of the Village Council. The person
or entity requesting such transfer shall file an application for transfer
of license with the Village Clerk/Treasurer containing the same information
required for a license application. The approval of such transfer
shall be evidenced by the written endorsement of the Village Clerk/Treasurer
upon the face of the license showing to whom the license has been
transferred and the date of such transfer.
Notwithstanding any other ordinance or regulations or the provisions
of this article, there shall be no more than three licenses issued
pursuant to the provisions of this article.
In addition to the provisions of this article, if an alleged
violation has occurred with respect to the provisions of this article
wherein a licensee is alleged to have violated the article or any
rules and regulations provided in this article, the following procedures
may be implemented by the Village Council, or, if deemed appropriate
by it, the Village Manager, to investigate such alleged violation
to determine the appropriate action to be taken to protect the health,
safety and welfare of the inhabitants of the Village:
A.
A preliminary determination shall be made by the Village Manager
that a violation has or has not occurred.
(1)
If it is determined that the alleged violation has occurred in the
reasonable judgment of the Village Manager or Village Council, but
has not or will not cause an immediate or direct threat to the health,
safety and welfare of the inhabitants of the Village, a letter of
reprimand stating the violation shall be forwarded to the licensee.
Such letter of reprimand shall then be part of the consideration as
to whether a license will be renewed. If more than three letters of
reprimand have been forwarded to a licensee during the term of any
license, the license shall be deemed revoked 30 days after mailing
of such third letter unless the licensee shall request a hearing in
writing before the Village Council. If a hearing is requested by a
licensee, the Village Council shall permit the licensee to show cause
why its license should not be revoked, the hearing to be held at the
next public meeting, regular or special, after receipt of the licensee's
request for a hearing.
(a)
After the hearing, the Village Council may determine whether
to uphold such revocation, or to reinstate the license of the licensee.
Such determination shall be made at the same meeting as the public
hearing is held.
(2)
If it is determined that the alleged violation will or could cause an immediate or direct threat to the health, safety or welfare of the inhabitants of the Village, then in addition to the other penalties provided for in this article, the Village Manager or the Village Council shall forward a letter to the licensee revoking the license forthwith. The licensee shall have 15 days after revocation of its license within which to request in writing a hearing as provided in Subsection A(1) of this section, and the Village Council after such hearing shall make the determination provided for in Subsection A(1)(a).
