[Gen. Ords. 1959, § 37.01; Ord.
No. 5783, § 1, 1-9-1975; Ord. No. 8105, § 1, 2-6-1992; Ord. No. 9061, § 1, 8-2-2001]
The purpose of this article of the City of Kirkwood Code pertaining
to solid waste control is to provide for the sanitary storage, collection,
and disposal of solid waste and, thereby, to protect the citizens
of the City from such hazards to their health, safety, and welfare
as may result from the uncontrolled disposal of solid waste.
[Gen. Ords. 1959, § 37.02(a); Ord.
No. 9061, § 1, 8-2-2001]
Except as otherwise provided, as used in this article, the following
terms shall have the meanings ascribed to them:
ABANDONED VEHICLE or ABANDONED PROPERTY
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in Sections 304.155 and 304.157, RSMo.,
whether or not operational. For any vehicle towed from the scene of
an accident at the request of law enforcement and not retrieved by
the vehicle's owner within five days of the accident, the agency requesting
the tow shall be required to write an abandoned property report or
a crime inquiry and inspection report.
BULKY ITEMS
Including but not limited to clothes washers and dryers,
water heaters, trash compactors, dishwashers, conventional ovens,
ranges, stoves, wood stoves, air conditioners, refrigerators and freezers;
commingled solid waste consisting of a volume of two cubic yards.
COMPOSTING
A controlled biological reduction of organic wastes to humus.
CONSTRUCTION WASTE
Waste from building construction, such as scraps of wood,
siding, wire, fiberglass insulation, other building materials, plastics,
Styrofoam, twine, baling and strapping materials, cans and buckets,
other packaging materials and containers and household rubbish.
DEMOLITION WASTE
Solid waste, largely inert waste, resulting from the demolition
or razing of buildings, roads, and other man-made structures. Demolition
waste consists of, but is not limited to, concrete, brick, bituminous
concrete, wood, masonry, composition roofing and roofing paper, steel,
and minor amounts of metals like copper.
DUMPSTER
A watertight, leakproof, all metal container, equipped with
a tight-fighting cover designed for the deposit of rubbish and garbage.
GARBAGE
Every all solid and semisolid, putrescible animal, and vegetable
waste resulting from the handling, preparing, cooking, storing, serving,
and consuming of food or of material intended for use as food and
includes all such substances from all public and private establishments
and from all residences.
LAND CLEARING WASTE
Natural vegetation and minerals from clearing and grubbing
land for development, such as stumps, brush, vines, tree branches,
tree bark, wood chips, mud, dirt, sod, and rocks.
LITTER
Garbage, rubbish, refuse, yard waste, demolition waste, construction
waste, land clearing waste, and any waste material or trash.
OPEN DUMPING
The depositing, releasing, dumping, discarding, throwing,
storing, or dropping of solid waste on the surface of the ground or
into a body or stream of water.
REFUSE
Putrescible and nonputrescible waste, including but not limited
to garbage, rubbish, ashes, incinerator residues, street cleanings,
construction waste, demolition waste, land clearing waste, dead animals,
abandoned vehicles, vehicle parts, abandoned equipment, abandoned
machinery, appliances, tires, market and industrial solid waste, and
sewage treatment waste in dry or semi-solid form.
RUBBISH
Nonputrescible solid waste consisting of combustible and
noncombustible waste, such as ashes, paper, cardboard, tin cans, wood,
glass bedding, crockery, metal, household refuse (except garbage),
or commercial refuse (except garbage).
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. [RSMo., 260.200(46)]
YARD WASTE
Trees, tree trimmings, branches, stumps, brush, weeds, leaves,
grass, shrubbery, yard trimmings, garden vegetation, sod, roots, and
wood chips. The term does not include stumps, roots or shrubs with
intact root balls. [RSMo., 260.200(57)]
[Gen. Ords. 1959, § 37.02(c); Ord.
No. 9061, § 1, 8-2-2001; Ord. No. 10201, § 1, 6-19-2014]
(1) All owners, tenants, renters, and occupants of a multiple dwelling,
business, store, restaurant, school, hotel, hospital, industry, commercial
building, and other institutions or establishments in the City shall
provide and maintain an approved dumpster or other approved method
for collection of rubbish and garbage.
(2) All dumpsters shall be waterproof, leakproof, and covered at all
times, except when depositing waste therein or removing the contents
thereof.
(3) No person shall deposit solid waste in any dumpster other than his
own without the written consent of the property owner or occupant.
(4) No person shall tamper with, overturn, remove, or destroy any dumpster
or mutilate or otherwise disturb the contents of any dumpster.
[Gen. Ords. 1959, § 37.02(d); Ord.
No. 5783, § 1, 1-9-1975; Ord. No. 9061, § 1, 8-2-2001]
(1) No person shall open dump or allow open dumping of any solid waste
in any location within the City of Kirkwood. This section shall not
prohibit the use of clean earth, stone, brick, or similar inorganic
material for excavations or grading at locations where there is a
valid grading or excavating permit issued by the City of Kirkwood.
Furthermore, this section shall not prevent the depositing of authorized
materials for recycling at the City of Kirkwood Recycling Depository
or as authorized for refuse collections in accordance with this chapter
of the City of Kirkwood Code of Ordinances.
(2) No person shall open dump or allow open dumping of any solid waste
in locations within the City of Kirkwood for the purpose of transferring
or reloading such waste to another vehicle or location except at an
authorized waste transfer station licensed by the State of Missouri
for such operations.
[Gen. Ords. 1959, § 37.09(b); Ord.
9061, § 1, 8-2-2001]
Any person, firm, or corporation who shall violate any provisions of this chapter or shall fail to comply with any requirement thereof shall, upon conviction thereof, be guilty of a misdemeanor, punishable as prescribed in §
1-8 of the Code of Ordinances of the City of Kirkwood. Each day's violation of, or refusal or neglect to comply with, any provision of this chapter or the code hereby adopted shall constitute a separate and distinct offense.
[Ord. No. 8105, § 2, 2-6-1992; Ord. No. 10211, § 1, 8-21-2014]
(a) Maintenance. All compost piles shall be maintained using approved
composting procedures and shall meet the following provisions:
(1) Compost piles or compost bins shall be no taller than five feet and
no larger in area than:
a. 100 square feet for lots 7,500 square feet and less.
b. 200 square feet for lots over 7,500 square feet to 15,000 square
feet.
c. 250 square feet for lots over 15,000 square feet to 25,000 square
feet.
d. 300 square feet for lots over 25,000 square feet to one acre.
e. 400 square feet for lots over one acre.
(2) All compost piles 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.
(3) All compost piles shall be maintained so as to prevent unpleasant,
rotten-egg-like, putrefactive, sweet, sour or pungent odors.
(4) Unless written permission has been granted by the adjoining property
owner, no compost pile shall be located less than five feet from the
rear or side property line, or within 20 feet of any home, patio,
pool, or similar structure on the adjacent property. All compost piles
shall be at least five feet behind the front building setback line.
(5) 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.
(6) Compost piles shall not be located less than five feet from a utility
pole, transformer, power pedestal, or communication equipment.
(b) Composting ingredients.
(1) Permitted ingredients shall include: grass clippings, leaves, garden
residue, flowers, wood chips, small twigs, old plants/potting soil,
nonspreading weeds, vegetable and fruit scraps, coffee grounds (including
the filter), tea leaves and tea bags, eggshells, and commercial compost
additives.
(2) No compost pile shall include any of the following ingredients:
b. Fish, fowl, meat dairy products or other animal products.
c. Fatty foods (cheese, cooking oils, etc.).
f. Diseased or insect infested plants.
g. Items not normally composted.
i. Pressure treated, painted or preserved lumber.
k. Weeds that spread by runners (morning glory, quack grass, buttercup.
. .).
(c) 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.
(d) 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 their control in accordance with the requirements
of this section.
(e) Violations. Violations of any of the provisions set forth herein shall subject the violator to the penalties set forth in §
1-8 of the City of Kirkwood Code of Ordinances.