City of Kennett, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 2600 §§1 — 2, 9-5-2000]
A. 
The City of Kennett shall provide trailers within the City limits of Kennett to act as drop-off points for recyclable materials, including newsprint, cardboard, plastic bottles and jugs, and aluminum cans, and the trailers shall be clearly marked as to the recyclable material accepted by each bin of said trailers:
1. 
Newsprint includes newspapers only and must be tied securely in bundles weighing not more than forty (40) pounds. Sale bills, slick paper, colored paper, magazines and like materials are not acceptable and may not be included in newsprint bundles.
2. 
Cardboard must be completely flattened and tied in bundles of not more than forty (40) pounds.
3. 
Plastic bottles and jugs numbered one (1), two (2) and three (3) only must be rinsed in hot water at least twice, drained and flattened as much as possible and secured in plastic bags.
4. 
Aluminum cans must be emptied completely, crushed or flattened as much as possible, and secured in plastic bags.
B. 
Any person who deposits into a bin material other than the recyclable material designated as acceptable in such bin shall be in violation of this Chapter and such violation shall be considered an offense punishable under Section 230.150 of the Municipal Code of the City of Kennett.
[Ord. No. 2736 §1, 6-7-2005]
For the purposes of this Chapter, the following terms shall have the meanings indicated below:
DEMOLITION AND CONSTRUCTION
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The director of the solid waste management program of the City shall be the Property Maintenance Officer or as the City Council otherwise directs.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of thirty (30) to thirty-five (35) gallons specifically designed for storage of solid waste.
DWELLING UNIT
Any room or group of rooms located within a structure and forming a single habitable unit with facilities used, or which are intended to be used, for living, sleeping, cooking and eating.
HAZARDOUS WASTE
Any waste or combination of wastes, which is determined by the Department of Natural Resources pursuant to rules and regulations adopted by the Hazardous Waste Management Commission, 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.
MULTIPLE-HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
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.
PERSON
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision or organization of any kind or their legal representative, agent, assigns, successors or fiduciaries.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semi-solid state including, but not limited to, garbage, ashes, household refuse, street refuse, rubbish, dead animals, animal and agricultural wastes, discarded appliances, special wastes, trash, industrial wastes and demolition and construction waste.
1. 
Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
2. 
Solid waste resulting from the maintenance and operation of dwelling units.
SOLID WASTE CONTAINER
A watertight, galvanized metal or durable plastic container equipped with a handle or handles to facilitate lifting and a tight-fitting lid of a capacity of one hundred (100) gallons or less which, when containing solid waste, shall not weigh in excess of seventy-five (75) pounds.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the 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 WASTES
Grass, clippings, leaves, tree trimmings.
[Ord. No. 2736 §2, 6-7-2005]
A. 
The occupant or owner 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 or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
C. 
Residential solid waste shall be stored in containers of not more than one hundred (100) gallons in nominal capacity. Containers shall be leakproof, waterproof and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers 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 and 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. Disposal solid waste containers with suitable frames or containers, as approved by the Director, may also be used for storage of residential solid waste. Commercial type trash receptacles or dumpsters, which exceed the size and structure specifications contained in this paragraph, shall be prohibited in residential zoning districts except for use by multiple-housing facilities containing four (4) or more dwelling units and except for a period of time not exceeding six (6) months to allow for the reconstruction, rehabilitation, remodeling or demolition of a dwelling unit as defined in this Article.
D. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof 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 240.020(C).
E. 
Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.
[Ord. No. 2736 §3, 6-7-2005]
A. 
The City shall license the collection of all residential and commercial wastes in the City. As more specifically stated hereinafter, any charge for such licensed collection shall be determined by the properly licensed collector, without approval or control of the fee charged.
B. 
All solid waste from premises to which collection services are provided within the City shall be collected, except bulky rubbish as defined herein. Bulky rubbish will be collected in accordance with the rules and regulations as stated hereinafter.
C. 
Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at the curb or other designated location for collection. Any solid waste containers or other solid waste permitted by this Chapter to be placed for collection shall not be so placed earlier than twenty-four (24) hours prior to the day of the regularly scheduled collection and shall be removed within twenty-four (24) hours after the day of the regularly scheduled collection.
D. 
Bulky rubbish shall be collected annually or at any time the Director shall establish. The Director shall establish the procedure for collecting bulky rubbish consistent with the provisions stated hereinafter.
E. 
Solid waste collectors licensed by 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. Commercial solid waste may be removed from within commercial establishments upon request of the owner. Commercial containers shall be properly screened from residential areas.
F. 
All commercial and residential solid waste shall be collected at such intervals as is necessary for the preservation of the health or safety of the public.
G. 
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 purpose. The storage site shall be well drained and fully accessible to collection equipment, public health personnel and fire inspection personnel.
H. 
Solid waste collectors, operating under license 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. 2736 §4, 6-7-2005]
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 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 whenever the vehicle is transporting solid waste or, as an alternate, the entire bodies thereof shall be enclosed with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
B. 
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities under this Chapter; 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. Nothing herein shall be taken to reduce, eliminate or modify other ordinances of the City or laws of this State that relate to the removal, hauling or disposal of earth and rock material from grading or excavation activities.
C. 
Demolition and construction wastes shall be transported to a disposal area as provided in Section 240.050. A permit shall not be required for the hauling of demolition and construction waste; 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. Nothing herein shall be taken to reduce, eliminate or modify other ordinances of the City or laws of this State that relate to the removal, hauling or disposal of demolition and construction waste.
[Ord. No. 2736 §5, 6-7-2005]
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 260.245, RSMo., (1978) or the equivalent Statute of the State in which the processing facility or disposal area is located and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 240.060 of this Chapter, but only if the safety, health and welfare of the citizens of the City mandate such designation. In making such decision, the City may consider the location, availability and economic impact of the disposal facility.
B. 
Hazardous wastes are not addressed under these provisions and will require special handling and shall be disposed of only in a manner authorized by State regulations.
[Ord. No. 2736 §6, 6-7-2005]
A. 
No persons shall engage in collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining a license therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such license.
B. 
The City Council shall have the authority to limit the number of licenses issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation and to provide for collection and disposal consistent with good solid waste management practices.
[Ord. No. 2946 §1, 3-4-2014]
C. 
If, at any time during the twelve (12) month license period, the license materially modifies business operations or the licensee's collection vehicles do not meet the requirements of Section 240.040 of this Chapter, the City Council may revoke such license. No licenses authorized by this Chapter shall be transferable from person to person.
D. 
In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the Director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the correct measure to be taken, together with the time in which such corrections shall be made.
E. 
In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the licenses involved in the violation; however, in those cases where an extension of time will permit correction and there is no pubic health hazard created by the delay, one (1) extension of time, not to exceed the original time period, may be given.
F. 
In the event a license is revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
G. 
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Director may, within ten (10) days of the act for which redress is sought, appeal directly to the Circuit Court of Dunklin County, Missouri, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal. Essentially, such writing and action shall be in accordance with Section 536.063 et seq., RSMo. (1978) and as may be amended from time to time.
[Ord. No. 2736 §7, 6-7-2005]
A. 
To the extent not specifically provided for in this Chapter, the Director shall make, amend, revoke and enforce reasonable 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. 
Collection, transportation, processing and disposal of solid waste;
8. 
Processing facilities;
9. 
Disposal facilities;
10. 
Records of quantity and type of waste received at processing and/or disposal facilities;
11. 
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
[Ord. No. 2736 §8, 6-7-2005]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container other than his own without written consent of the owner of such container;
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 with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City or those of a solid waste collection agency operating under license from 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. 
Engage in collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a license from the City or operate under an expired license or operate after a license has been suspended or revoked;
7. 
Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section 240.070 of this Chapter.
[Ord. No. 2736 §9, 6-7-2005]
A. 
The City shall cause the expiration of all licenses to collect, transport and dispose of solid waste to occur on the same day of each year.
B. 
The licensed collectors shall determine the cost of the services the licensed collector renders.
C. 
The consumer will determine the frequency and fashion of collection as long as such choice is not contrary to the provisions of this Section and so long as the frequency of collection is not less than one (1) time per week.
D. 
Nothing to the contrary herein withstanding, the City may at any time determine that the frequency and fashion of solid waste collection is inadequate and detrimental to the public health, safety or welfare. In that event, the City shall determine and direct the appropriate fashion and frequency for the consumers' disposal of solid waste.
E. 
It shall be unlawful for any person to fail to pay for the collection, transportation and disposal of solid waste by a licensed provider of such services.
F. 
It shall be unlawful for any person to fail to contract for the collection, transportation and disposal of solid waste with a licensed provider for services except as provided by Statute.
[Ord. No. 2845 §§1 — 6, 11-3-2009]
A. 
The following user fees shall be imposed on all commercial users of the Kennett Compost Facility:
Tipping fee, per load, to wit:
Pickup truck (no side boards)
$15.00
Pickup truck with sideboards or pickup truck trailer
$20.00
One ton truck (single axle)
$35.00
16 foot trailer
$35.00
Any gooseneck trailer
$50.00
Large single axle truck (bob truck)
$50.00
Large double axle truck (bob truck)
$60.00
Any trailer pulled by a large single or double axle truck
$50.00
B. 
In addition to above charges, a charge of twenty dollars ($20.00) per month will be charged for all users in any month record keeping for billing purposes and billing services are provided by the City.
C. 
Payment for all services set forth herein shall be due on or before the tenth (10th) day of the month following when the charges were incurred. Failure to pay the charge when due will result in an additional late fee of thirty-five dollars ($35.00) for the first (1st) late fee and fifty dollars ($50.00) for each additional late fee incurred.
D. 
All commercial users of the Kennett Compost Facility shall hold a current City of Kennett merchants license.
E. 
All materials delivered to the Kennett Compost Facility for disposal shall originate within the City limits of the City of Kennett.
F. 
All increases in fees or any new fees provided by this Section are user fees and the amounts of any increase or the amount of any new fee is calculated to offset the cost to the City of providing these services to the users thereof.
[Ord. No. 2736 §10, 6-7-2005]
Any person violating Section 240.080(4) of this Chapter shall be given a written warning for the first two (2) violations thereof. All subsequent violations of said Section and violation of any of the other provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
[Ord. No. 2736 §11, 6-7-2005]
On June first (1st) of each year, each garbage, trash and refuse collector shall pay to the City Collector an occupation tax for the right of privilege of collecting and hauling the garbage, trash and refuse from and within the City of Kennett in the amounts provided for the City Code of Ordinances under Chapter 605 entitled "Merchants, Manufacturers and Business Licenses".