[CC 1979 §60.010 (1, 4, 9, 12)]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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 Stockton, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
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, 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.
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.
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 WASTES
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1979 §§60.060 — 60.070]
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 more than thirty-nine
(39) gallons nor less than twenty (20) gallons in nominal capacity,
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 leakproof and waterproof,
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 Board. 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
235.060.
E. Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
F. Tree Limbs. Tree limbs less than four (4) inches in diameter
and brush shall be securely tied in bundles not larger than forty-eight
(48) inches long and eighteen (18) inches in diameter when not placed
in storage containers. The weight of any individual bundle shall not
exceed seventy-five (75) pounds.
G. Yard Wastes. Yard wastes shall be stored in containers so
constructed and maintained as to prevent the dispersal of wastes placed
therein upon the premises served, upon adjacent premises, or upon
adjacent public rights-of-way. The weight of any individual container
and contents shall not exceed seventy-five (75) pounds.
[CC 1979 §60.320(3); Ord. No. 108 §60.320(3), 4-8-1991]
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. Burn outside any building, except solid waste when a written permit
has been obtained at the City Hall, subject to approval by the Mayor
or the Fire Chief, or
a. Burn solid waste in any street or gutter within the City.
b. "Solid wastes", for the purpose of this Subparagraph
(3), are defined as tree leaves, twigs, yard and garden refuse.
c. All persons who are issued a permit shall assume all liability for
such burning and shall hold the City of Stockton, their employees,
agents and assigns harmless from any such liability arising out of
the burning.
d. Permits shall be valid for one (1) year after the date of issuance
beginning January first (1st) and ending December thirty-first (31st)
of each year.
4. Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
5. 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.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[CC 1979 §60.340]
Persons convicted of violation of this Chapter shall be guilty
of a misdemeanor and punished by a fine not to exceed five hundred
dollars ($500.00). Each day of violation shall constitute a separate
offense.
[CC 1979 §60.350]
Whenever the City Clerk shall ascertain or have knowledge that
a violation of this Chapter has occurred, he/she shall, by written
notice served by the Chief of Police in the same manner as personal
service of process in a civil action, notify the person, partnership,
firm or corporation violating said Section advising in what manner
the Section is being violated and that within the time to be specified
in such notice, the Section shall be complied with.
[CC 1979 §§60.360 — 60.370]
A. No
person notified as provided in this Chapter shall fail, neglect or
refuse to comply with the same within the time specified in such notice.
For every day thereafter a person shall fail, neglect or refuse to
comply with the same, he/she shall be deemed guilty of a separate
offense and shall be proceeded against as in the first (1st) instance.
B. If,
after the time provided for in the said notice, the person receiving
same shall fail to comply, then at that time, it shall be the duty
of the City Clerk to file a complaint with the Municipal Court of
the City of Stockton and a trial shall be had pursuant to the rules
of that court.
[CC 1979 §60.380]
Any person, firm or corporation, presently or hereinafter engaged
in the collection of paper, cardboard and paper products for the purpose
of resale or reuse, shall be permitted to collect and sell said paper,
cardboard and paper products; the City of Stockton may collect refuse,
trash or garbage; and actual producers of refuse or the owner of the
premises upon which refuse has accumulated may personally collect,
convey and dispose of such refuse, provided said disposal is in compliance
with the provisions of this Chapter.