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City of Kirkwood, MO
St. Louis County
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[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.[1]
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)][2]
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)][3]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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:
a. 
Food scraps.
b. 
Fish, fowl, meat dairy products or other animal products.
c. 
Fatty foods (cheese, cooking oils, etc.).
d. 
Manure and animal feces.
e. 
Animal carcasses.
f. 
Diseased or insect infested plants.
g. 
Items not normally composted.
h. 
Nonorganic wastes.
i. 
Pressure treated, painted or preserved lumber.
j. 
Weeds gone to seed.
k. 
Weeds that spread by runners (morning glory, quack grass, buttercup. . .).
l. 
Large branches.
(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.