[R.O. 2013 § 230.010; R.O. 2005
§ 13-1; Ord. No. 60.010; Ord. No. 60.311 § 1]
For the purposes of this Article,
the following terms shall be deemed to have the meaning indicated
below:
An incinerator which complies with all current regulations
of the responsible local, State, and Federal air pollution control
agencies.
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.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under this Section.
The director of the solid waste management program of the
City shall be the City Administrator.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
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.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
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.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
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.
Any individual, partnership, limited liability company, corporation,
association, trust, institution, city, county, other political subdivision,
authority, state agency or institution, or federal agency or institution,
or any other legal entity.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and 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.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
Any area used for the disposal of solid waste from more than
one (1) residential premises, or one (1) or more commercial, industrial,
manufacturing, recreational, or governmental operations.
The entire process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
to processing to a solid waste processing facility or solid waste
disposal area.
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. 2013 § 230.020; R.O. 2005
§§ 13-7 – 13-13; Ord. No. 60.311 §§ 2.1– 2.7]
A.
Solid Waste Storage Containers. 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.
Solid Waste Storage Containers —
Duty To Use. 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 Containers. Residential solid
waste shall be stored in containers of not more than thirty-five (35)
gallons nor less than twenty (20) gallons in nominal capacity. Containers
shall be leak-proof, water-proof, 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. Disposable
solid waste containers with suitable frames or containers as approved
by the City Administrator may also be used for storage of residential
solid waste.
D.
Commercial Containers. Commercial solid waste shall be stored in solid waste containers as approved by the City Administrator. The containers shall be water-proof, leak-proof 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 230.070.
E.
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.
F.
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.
G.
Unapproved Containers. 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. 2021-19, 11-9-2021]
For single-family and multifamily residences, solid waste containers
may be placed on the street adjacent to the curb, or on the owner's
property adjacent to the curb, no sooner than 12:00 Noon on the day
before the scheduled collection and may remain there no later than
6:00 P.M. on the day after collection. At all other times, all solid
waste containers for single-family and multi-family residences shall
be stored in the rear yard or on either side yard behind the front
plane of the structure.
[R.O. 2013 § 230.030; R.O. 2005
§§ 13-19 – 13-26; Ord. No. 60.311 §§ 3.1 –3.8]
A.
Collection. The City shall provide for
the collection of solid waste as follows:
1.
The City shall provide for the collection
of all residential solid waste in the City; 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.
2.
The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises.
B.
Types Of Solid Waste Collected. All solid
waste from premises to which collection services are provided by the
City shall be collected, except bulky rubbish as termed herein. Bulky
rubbish will be collected in accordance with the rules and regulations
as promulgated by the City Administrator.
C.
Tree Limbs — Yard Wastes. Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) respectively, shall be placed at the curb, alley, or the rear of the building for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the curb, alley, or the rear of the building for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky Rubbish. Bulky rubbish shall be collected
at least once annually. The City Administrator shall establish the
procedure for collecting bulky rubbish.
E.
Entering Private Property. 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 Article. 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 written request of the owner
and approval by the City Administrator.
G.
Storage Of Containers On Private Property.
Residential solid waste containers shall be stored upon the residential
premises. The storage site shall be well drained; fully accessible
to collection equipment, public health personnel and fire inspection
personnel.
H.
Solid Waste Collectors Responsible For
Collection. 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 Article.
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.
[R.O. 2013 § 230.040; R.O. 2005
§§ 13-32 – 13-34; Ord. No. 60.311 §§ 4.1 – 4.3]
A.
Collection Vehicles. 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 water-tight 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
all sides of the cover to the vehicle and shall be secured 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.
Earth And Rock From Excavations. Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, 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.
C.
Transportation Of Demolition And Construction Waste. Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050(A). 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.
[R.O. 2013 § 230.050; R.O. 2005
§§ 13-40 – 13-41; Ord. No. 60.311 §§ 5.1 – 5.2]
A.
Solid Waste Deposited At Approved Facility. 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., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 230.060 of this Article.
B.
Hazardous Wastes. Hazardous wastes will
require special handling and shall be disposed of only in a manner
authorized by State regulations.
[R.O. 2013 § 230.060; R.O. 2005
§§ 13-47 – 13-57; Ord. No. 60.311 §§ 6.1 – 6.11]
A.
Permits Required. No person shall engage
in the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without first
obtaining an annual permit therefor from the City; provided, however,
that this provision shall not be deemed to apply to employees of the
holder of any such permit.
B.
Liability Insurance Required. No such permit
shall be issued until and unless the applicant therefor, in addition
to all other requirements set forth, shall file and maintain with
the City Administrator evidence of a satisfactory public liability
insurance policy, covering all operations of such applicant pertaining
to such business and all vehicles to be operated in the conduct thereof.
Comprehensive general liability insurance for bodily injury and property
damage combined single limit one million dollars ($1,000,000.00) each
occurrence, and two million dollars ($2,000,000.00) aggregate shall
be the amount of the policy maintained. Auto and truck liability insurance
covering all owned, hired and non-owned vehicles for bodily injury
and property damage shall be in the amount of one million dollars
($1,000,000.00) each occurrence and two million dollars ($2,000,000.00)
aggregate. Should any such policy be canceled, the City Administrator
shall be notified of such cancellation by the insurance carrier in
writing not less than ten (10) days prior to the effective date of
such cancellation, and provisions to that effect shall be incorporated
in such policy, which shall also place upon the company writing such
policy the duty to give such notice.
C.
Application For Permit. Each applicant
for any such permit shall state in his/her application therefor:
1.
The nature of the permit desired,
as to collect, transport, process, or dispose of solid waste or any
combination thereof;
2.
The characteristics of solid waste
to be collected, transported, processed, or disposed;
3.
The number of solid waste transportation
vehicles to be operated thereunder;
4.
The precise location or locations
of solid waste processing or disposal facilities to be used;
5.
Boundaries of the collection area;
and
6.
Such other information as required
by the City Administrator.
D.
Approval Of Application — Number
Of Permits Limited. If the application shows that the applicant will
collect, transport, process or dispose of solid wastes without hazard
to the public health or damage to the environment and in conformity
with the laws of the State of Missouri and this Article, the City
Administrator may issue the permit authorized by this Article. The
City Administrator shall have the authority to limit the number of
annual permits 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. The permit shall be issued
for a period of one (1) year, and each applicant shall pay therefor
a fee of no charge for each solid waste processing or disposal facility
to be operated and a fee of no charge for each transportation vehicle
to be used. If modifications can be made to the application regarding
service, equipment, or mode of operation, so as to bring the application
within the intent of this Article, the City Administrator shall notify
the applicant in writing setting forth the modification to be made
and the time in which it shall be done.
E.
Denial Of Application — Reapplication. If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Administrator, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application provided that all aspects of the reapplication comply with the provisions of this Article. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
F.
Renewal Of Permit — Permit Not Transferable. The annual permit may be renewed upon payment of the fee or fees as designed herein if the business has not been modified, the collection vehicles meet the requirements of Section 230.040 of this Article, and the renewal is approved by the City Administrator. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Article shall be transferable from person to person.
G.
Inspections. In order to insure compliance
with the laws of this State, this Article and the rules and regulations
authorized herein, the City Administrator is authorized to inspect
all phases of solid waste management within the City of Fayette. 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 Article, 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
City Administrator shall issue notice for each such violation stating
therein the violation or violations found, the time and date and the
corrective measure to be taken, together with the time in which such
corrections shall be made.
H.
Revocation Of Permit. In all cases, when
the corrective measures have not been taken within the time specified,
the City Administrator shall suspend or revoke the permit or permits
involved in the violation, however, in those cases where an extension
of time will permit correction and there is no public health hazard
created by the delay, one (1) extension of time not to exceed the
original time period may be given.
I.
Enforcement Procedures. In the event a
permit is revoked and the person continues to operate, the City Administrator
may request the action of a court of law to enjoin the acts and to
enforce compliance with this Article 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.
J.
Appeal. Any person who feels aggrieved
by any notice of violation or order issued pursuant thereto of the
City Administrator may, within five (5) days of the act for which
redress is sought, appeal directly to the Court of Howard County in
writing, setting forth in a concise statement the act being appealed
and the grounds for its reversal.
K.
Permit Numbers To Be Displayed On Vehicle.
All motor vehicles operating under any permit required by this Article
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than four (4) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[R.O. 2013 § 230.070; R.O. 2005
§§ 13-63 – 13-65; Ord. No. 60.311 § 7]
A.
City Administrator To Make Rules. The City
Administrator 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.
Schedules of and routes for collection
and transportation of solid waste.
8.
Collection points of solid waste
containers.
9.
Collection, transportation, processing
and disposal of solid waste.
10.
Processing facilities and fees for
the use thereof.
11.
Disposal facilities and fees for
the use thereof.
12.
Records of quantity and type of wastes
received at processing and/or disposal facilities.
13.
Handling of special wastes such as
sludges, ashes, agriculture, construction, bulky items, tires, automobiles,
oils, greases, etc.
B.
Regulations For Billing And Collection
Of Charges. The City Clerk, or such other City Official who is responsible
for preparing utility and other service charge billings for the City,
is hereby authorized to make and promulgate reasonable and necessary
rules and regulations for the billing and collection of solid waste
collection and/or disposal service charges as hereinafter provided
for.
C.
Copy Of Rules Filed With City Clerk. 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.
[R.O. 2013 § 230.080; R.O. 2005
§ 13-71; Ord. No. 60.311 § 8]
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.
Fail to have solid waste collected
as provided in this Article;
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 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.
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;
[R.O. 2013 § 230.090; R.O. 2005
§§ 13-77 – 13-81; Ord. No. 60.311 § 9; Ord. No. 60.322 §§ 2 – 4; Ord. No.
60.323 §§ 2 – 4; Ord. No. 95-8; Ord. No. 95-10]
A.
Service Charge Imposed. There is hereby
imposed, for the collection and disposal of solid waste, in order
to protect the general public health and environment, a service charge
for each dwelling unit. The service charge for collection of residential
solid waste shall be in accordance with ordinances which are on file
in the City offices.
B.
Termination. The service and service charge
shall be terminated upon presentation of satisfactory proof to the
City Administrator that any such dwelling unit or establishment is
unoccupied, and shall be commenced upon renewed occupancy thereof.
C.
Services Part Of Program Of Health And
Sanitation. The system of services established by the provisions of
this Article is designed as an integral part of the City's program
of health and sanitation, to be operated as an adjunct to the City's
system for providing potable water and the City's system for providing
sewerage disposal. The City may enforce collection of such charges
by bringing proper legal action against the occupant of any dwelling
unit or owner of any commercial establishment to recover any sums
due for such services plus a reasonable attorney's fee to be fixed
by the court, plus the cost of such action.
D.
Service Charge Imposed On Occupant Of Each
Dwelling Unit. The service charge herein provided for is hereby imposed
upon the occupant of each dwelling unit. Service charges shall be
payable to the department empowered to collect service imposed by
the City.
E.
Charges For Residential Solid Waste Collection.
The charge for the collection of residential solid waste shall be
as follows:
[R.O. 2013 § 230.100; R.O. 2005
§ 13-87; Ord. No. 60.311 § 10]
[R.O. 2013 § 230.110; R.O. 2005
§ 13-88; Ord. No. 60.311 § 12]
The provisions of Article are severable
and if any provisions or part thereof shall be held invalid or unconstitutional
or inapplicable to any person or circumstance, such invalidity, unconstitutionality
or inapplicability shall not affect or impair the remaining provisions
of this Article.
[R.O. 2013 § 230.220; R.O. 2005
§ 13-94; Ord. No. 64.010]
No person shall throw or deposit
litter in or upon any street, sidewalk or other public place within
the City except in public receptacles or authorized private receptacles.
[R.O. 2013 § 230.230; R.O. 2005
§ 13-95; Ord. No. 64.020]
Persons placing litter in public
receptacles or in authorized private receptacles shall do so in such
a manner as to prevent it from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[R.O. 2013 § 230.240; R.O. 2005
§ 13-96; Ord. No. 64.030]
A.
No person shall sweep into or deposit in
any gutter, street or other public place within the City the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway.
B.
Definition Of Litter. Within the meaning
of this Section, the word "litter" shall include, without excluding
other substances, fallen leaves, cut weeds, grass clippings, branches
and twigs that may accumulate on any building, lot or premises.
[R.O. 2013 § 230.250; R.O. 2005
§ 13-97; Ord. No. 64.040]
No person shall burn any litter as defined in Section 230.240(B) in any street, gutter, or other public place within the City.
[R.O. 2013 § 230.260; R.O. 2005
§ 13-98; Ord. No. 64.050]
Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
Persons owning or occupying places of business within the City shall
keep the front of their business premises free of litter.
[R.O. 2013 § 230.270; R.O. 2005
§ 13-99; Ord. No. 64.060]
A.
No person, while a driver or passenger
in a vehicle, shall throw or deposit litter upon any street or other
public place within the City, or upon private property.
1.
No driver of any vehicle shall allow
any passenger in that vehicle to throw or deposit litter upon any
street or other public place within the City, or upon private property.
[R.O. 2013 § 230.280; R.O. 2005
§ 13-100; Ord. No. 64.070]
No person shall drive or move any
truck or other vehicle hauling or transporting litter within or about
the City, unless such vehicle is so constructed and the load secured
so as to prevent any of the contents therein being blown, dropped
or deposited upon any street, alley or other public place.
[R.O. 2013 § 230.290; R.O. 2005
§ 13-101; Ord. No. 64.080]
No person shall throw or deposit
litter on any private property within the City, whether owned by such
person or not, except that the owner or person in control of private
property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property owned by another.
[R.O. 2013 § 230.300; R.O. 2005
§ 13-102; Ord. No. 64.090]
No person or persons shall throw
or place, or cause to be thrown or placed, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature, or description on the streets, alleyways or any
public property within the City of Fayette, Missouri, with the exception
that by public notice such items may be placed in containers on specified
days for public cleanup.
[R.O. 2013 § 230.310; R.O. 2005
§ 13-103; Ord. No. 64.090.1]
