Cross References — As to fire protection regulations generally, ch. 205; as to weeds or grass being declared nuisances, §220.010; as to accumulations of waste, refuse, etc., being nuisances, §220.050.
[R.O. 2010 §225.010; CC 1970 §25-1; Ord. No. 1471, 8-26-1969; Ord. No. B11-13 §1, 12-2-2013]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
SOLID WASTE
Garbage, refuse and other discarded materials, including, but not limited to, solid and semisolid 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.
YARD WASTE
Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[R.O. 2010 §225.020; CC 1970 §25-2; Ord. No. 1471, 8-26-1969; Ord. No. 2-92 §1, 1-20-1992; Ord. No. 16-95 §1, 10-16-1995; Ord. No. 03-02 §1, 3-18-2002; Ord. No. B11-13 §1, 12-2-2013]
It shall be the duty of every owner, tenant, lessee or occupant of any single-family residential building and the duty of the owner of any multifamily residential building, commercial building or any other building in the City to provide without expense to the City and at all times to keep on the premises on which the building is situated twenty-gallon or thirty-gallon normal gauge metal or plastic regulation garbage or trash containers, such containers to have handles and tight-fitting lids and to have such containers in sufficient number to contain all of the garbage, rubbish, and waste matter which is ordinarily accumulated on the premises in seven day's time or such other containers as mandated by any contract entered into with a waste hauler by the City. Such containers shall be placed on the outside of the building in the rear or side yard and not in front of any residence or building with the exception of containers placed at the curb on the day designated by the City for trash pickup, on the day designated by the City for recycling pickup and containers and paper yard waste bags placed at the curb on the day designated by the City for pickup of yard waste. Plastic bags shall not be used in the City trash collection except as placed inside approved trash containers. In the case of commercial establishments having garbage, rubbish and waste material in excess of that which can normally be accommodated in twenty- or thirty-gallon cans, as hereinabove described, such establishments shall make arrangements with the City for the placing of such other containers as shall be mutually agreed upon by the occupant of such establishment and the City and which shall meet the health and sanitary requirements of the City. Garbage placed in such containers shall first be drained and wrapped in plastic or paper before being placed in such containers with the rubbish and waste material.
[R.O. 2010 §225.030; CC 1970 §25-3; Ord. No. 1471, 8-26-1969; Ord. No. 2-92 §2, 1-20-1992; Ord. No. 03-02 §2, 3-18-2002; Ord. No. B11-13 §1, 12-2-2013]
It shall be the duty of every owner, occupant, tenant and lessee of any premises in the City to place all garbage, rubbish and waste matter in a container as described in Section 225.020 and to place grass and leaves in containers or paper yard waste bags, which individually do not exceed seven (7) bushels' capacity. It shall be the duty of every owner, occupant, tenant and lessee or occupant of any private dwelling to place at the curb for pickup said containers and paper yard waste bags by 7:00 A.M. on the pickup day designated by the City, but no earlier than 5:00 P.M. the day before the designated day for picking up trash, recyclables and yard waste. Containers shall be removed from the curb after the pickup and returned to the rear and side of the dwelling by 10:00 P.M. on the designated pickup day. The times for placement of yard waste at the front of property shall not apply during the months of October and November.
[R.O. 2010 §225.040; CC 1970 §25-4; Ord. No. 1471, 8-26-1969; Ord. No. 24-93 §1, 1-3-1994; Ord. No. 14-99 §1, 12-6-1999; Ord. No. B11-13 §1, 12-2-2013]
It shall be unlawful for any person in the City to throw or deposit any garbage or yard waste or to cause the same to be thrown or deposited on any street, alley, gutter, park or other public place, or to throw, deposit or burn the same in or upon any vacant lot or yard, or to store or keep the same otherwise than in cans or receptacles, as required by Section 225.020 or 225.030. It shall be unlawful to have, store, deposit or keep garbage or yard waste where rats can have access thereto or feed thereon. This shall not prevent establishment of a properly managed compost pile in accordance with the following regulations consisting of yard waste, provided that such compost pile shall be controlled such that it shall not blow, create disagreeable odor or promote infestation of rats or vermin.
1. 
Maintenance. All compost piles shall be maintained using approved composting procedures and shall comply with the following provisions:
a. 
Compost piles or compost bins which shall be freestanding with structural containment, and shall be no taller than five (5) feet and no larger in area than:
(1) 
Seventy-five (75) square feet for lots of seven thousand five hundred (7,500) square feet or less.
(2) 
One hundred (100) square feet for lots over seven thousand five hundred (7,500) square feet to ten thousand (10,000) square feet.
(3) 
One hundred fifty (150) square feet for lots over ten thousand (10,000) square feet to fifteen thousand (15,000) square feet.
(4) 
Two hundred (200) square feet for lots over fifteen thousand (15,000) square feet to twenty thousand (20,000) square feet.
(5) 
Two hundred fifty (250) square feet for lots over twenty thousand (20,000) square feet.
b. 
All compost 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.
c. 
All compost piles shall be maintained so as to prevent unpleasant, rotten-egg-like, putrefactive, sweet, sour or pungent odors. It is recognized that there will be some earthen odors associated with composting organic materials; however, these should never become distinctly repulsive and foul.
d. 
No compost pile shall be located less than five (5) feet from the rear or side property line, or within twenty (20) feet of any home, patio, pool, or similar structure on the adjacent property. No compost piles shall be located in a front yard.
e. 
Compost piles shall not be located in any natural or man-made drainage swale or creek or in any location where it will impede the free flow of stormwater drainage.
f. 
Compost piles shall not be located less than five (5) feet from a utility pole, transformer, power pedestal, or communication equipment.
2. 
Composting ingredients.
a. 
Permitted ingredients shall include: yard waste, garden residue, flower, wood chips and commercial compost additives.
b. 
No compost pile shall include any of the following ingredients:
(1) 
Food scraps.
(2) 
Fish, fowl, meat or other animal products.
(3) 
Manure.
(4) 
Animal carcasses.
(5) 
Fruit, vegetables or nuts.
(6) 
Items not normally composted.
3. 
Private use only. Compost piles shall be for private use only. There shall be no commercial provision (such as sale, purchase, barter) of material to be composted or of the humus resulting from the composting. No composting shall be permitted in the City other than residential backyard composting in accordance with this Section.
4. 
Responsibility. The owner and/or person in charge of any tract or ground or premises shall be responsible for maintaining all composting on the property under his or her control in accordance with the requirement of this Section.
5. 
Violations. Violations of any of the provisions set forth herein shall subject the violator to the penalties set forth in Section 100.070 of this Code.
[R.O. 2010 §225.050; CC 1970 §25-5; Ord. No. 2-86 §1, 3-3-1986; Ord. No. 1471, 8-26-1969; Ord. No. 14-71 §1, 12-14-1971; Ord. No. B11-13 §1, 12-2-2013]
A. 
It shall be unlawful for any person to engage in, pursue or carry on the business or occupation of the collecting of garbage and yard waste in the City without first procuring a contract from the City to do so, and the City may, for the benefit of the public health, contract with a suitable person for the exclusive right to collect and dispose of the garbage and yard waste in the City or in any part thereof.
B. 
At such time as there is in force a contract entered into by the City with any person for the collection of garbage and yard waste in the City, it shall be unlawful for any person other than the persons in the employ of the contractor having the contract to collect any of such materials within the City, and it shall be unlawful for any person other than the collectors as may be designated by the City, under contract therefor, or its agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys or public thoroughfares of the City, any garbage and yard waste or other matter offensive to the sight or to collect or dispose of same.
C. 
Notwithstanding the foregoing provisions, the owner or operator of any commercial business operated in the City may make a contract with a hauler on a private contractual basis, provided that such hauler has been duly licensed by the City. A copy of a contract for hauling shall be filed with the City Clerk, and the hauler of such garbage shall furnish the City evidence that the trucks used by such hauler for pickup at commercial establishments are in compliance with the requirements for bin storage of garbage, rubbish and trash and that such container shall be protected against infestation by rats, other vermin and insects and, further, that such hauler carries liability insurance for not less than one hundred thousand dollars ($100,000.00) for accidental injury to one (1) person, three hundred thousand dollars ($300,000.00) for one (1) accident and fifty thousand dollars ($50,000.00) for property damage. Any such hauler, before doing business in the City, shall first secure from the City a license authorizing such hauler to operate in the City for the purpose of picking up trash at commercial businesses only, which license shall be granted, provided that such hauler complies with all of the requirements of this Section and pays the license fee of one hundred dollars ($100.00), which shall be an annual fee.
[R.O. 2010 §225.070; CC 1970 §25-7; Ord. No. 1471, 8-26-1969; Ord. No. B11-13 §1, 12-2-2013]
It shall be unlawful for any owner, tenant, lessee or occupant of any premises in the City, except commercial businesses as designated in Section 225.050(C) hereof, to cause or allow any person other than such person with whom the City shall have entered into an exclusive contract for the hauling of such garbage and yard waste to remove the same from the premises, provided that the City shall have such contract in effect.
[R.O. 2010 §225.080; CC 1970 §25-8; Ord. No. 1475 §1, 10-28-1969; Ord. No. 2-86 §2, 3-3-1986; Ord. No. B11-13 §1, 12-2-2013]
The City is authorized to pay any such exclusive contractor on the basis of the total number of occupied houses in the City and to make a collection charge against the owner or tenant of each occupied house in the City, the amount of such charge to be set by ordinance. Such charge for such collection shall be billed no more frequently than quarterly. It shall be the duty of each such owner or tenant to pay such charges within thirty (30) days of the invoice date. In the event a charge is not paid within thirty (30) days of the invoice date, such charge shall bear interest at the rate of one and one-half percent (1½%) per month from the date of billing until paid in full. In the event that any owner or tenant of any house in the City shall not pay such charge within ninety (90) days, a lien for such charge may be filed against such property with the Recorder of Deeds for the County by the City Clerk. No lien shall be released unless all back charges and the expense of filing the lien have been paid. If collection efforts are pursued by the City to collect any such delinquent charge, the owner or tenant who has failed to pay such charges shall also be responsible for payment of all costs of collection, including the City's reasonable attorney's fees. The City is authorized to direct its contractor not to pick up the trash, garbage and yard waste from any residential property where the owner or tenant is delinquent in the payment of the charge for trash, garbage and yard waste removal by more than sixty (60) days. The records of the City as to collection shall be used to determine whether such charges have been paid.
[R.O. 2010 §225.090; CC 1970 §25-9; Ord. No. 1471 §9-8, 8-26-1969; Ord. No. B11-13 §1, 12-2-2013]
It shall be unlawful for any person to burn or incinerate any garbage or yard waste at any time within the City.
[1]
Cross References — As to fire protection regulations generally, Ch. 205 and Chapter 4 of the 1999 BOCA Fire Prevention Code.
[R.O. 2010 §225.100; CC 1970 §25-10; Ord. No. 1471 §9-9, 8-26-1969; Ord. No. B11-13 §1, 12-2-2013]
For the purpose of the collection of garbage and yard waste, the Board of Aldermen may divide the City into as many districts as may be deemed necessary for the convenient collection of garbage and yard waste, and may fix days on which the same shall be collected in the districts.
[R.O. 2010 §225.130; CC 1970 §25-13; Ord. No. 31-87 §1, 10-5-1987; Ord. No. B11-13 §1, 12-2-2013]
It shall be unlawful for the authorized residential contractor or any other contractor providing trash hauling services to commercial business located in the City to make collection on Sundays or between the hours of 8:00 P.M. and 7:00 A.M. on all other days except by special authorization by the City Administrator in case of emergency.
[R.O. 2010 §225.140; Ord. No. 4-91 §1, 3-5-1991; Ord. No. B11-13 §1, 12-2-2013]
It shall be unlawful for any person other than one authorized by this Section to remove recyclable materials from the recycling containers, or to tamper with, overturn, remove lids of containers, puncture, or otherwise damage containers, bags or boxes containing recyclable materials, trash, garbage and yard waste. For the purpose of this Section "authorized persons" shall mean employees of the City's recycling, refuse collection and disposal contractor in the conduct of collection of recyclables, trash, garbage and yard waste pursuant to the current City recycling, refuse collection and disposal contract.
[R.O. 2010 §225.150; Ord. No. 04-02 §1, 4-15-2002; Ord. No. B11-13 §1, 12-2-2013]
A. 
Temporary construction dumpsters used for disposal of construction materials shall not be located in the public right-of-way. If the dumpster cannot be located outside of the public right-of-way, the Chief of Police will inspect and determine where it is to be placed subject to the following conditions:
1. 
The dumpster shall be placed no further than six (6) inches from the curb to the inside corner of the dumpster and must allow for the safe passage of vehicles;
2. 
The dumpster shall be equipped with operating flashing lights on each of the outside corners of light-equipped barricades used to ensure vision of this obstruction to motorists at night;
3. 
Two-inch thick lumber shall be placed under the wheels of the dumpster to spread the wheel loads, with the minimum width of lumber being the width of the wheel; and
4. 
The repair of any damage to pavement, curbing or sidewalks resulting from placing, using or removing the dumpster shall be the responsibility of the applicant and shall be performed to the satisfaction of the City.
B. 
A permit for the placing of a construction dumpster at the site of construction or renovation should be obtained by the contractor from the office of the Building Commissioner at the time an application is made for a demolition or building permit. Said permit shall have a time limit of sixty (60) days, which is renewable for thirty-day increments subject to the approval of the Building Commissioner.
C. 
The dumpster shall be properly marked with the name, address and telephone number of its owner. It shall be maintained in a proper and safe condition.
D. 
The dumpster shall be used to contain only building construction waste materials and not allowed to become foul smelling or collect rainwater and shall be dumped/removed promptly when full so it does not become a nuisance.