[CC 1985 § 14-1; Ord. No. 347 § 1, 7-2-1973; Ord. No. 562, 2-5-1996]
As used in this Chapter, the following
terms shall be defined as follows:
AUTHORIZED COLLECTOR
The City or person, firm or corporation with whom the City
has contracted and/or licensed for the collection and disposal of
refuse.
BUSINESS ESTABLISHMENTS
Stores, restaurants, hotels, offices, wholesale establishments
and hospitals. The term shall not be construed to include apartments,
flats, private dwellings or boardinghouses.
CUSTOMER
Any person paying to the City the fee set out in this Chapter
for the collection and disposal of refuse.
RECYCLABLES
Cardboard, pasteboard, magazines, newspapers, glass (clear,
brown, green), plastic (#1 and #2), tin cans (food containers), and
aluminum cans.
REFUSE
All solid wastes including garbage rubbish.
RUBBLE
Brushwood, heavy yard trimmings, discarded fence posts, ashes,
cinders, street sweepings, catch basin muck, concrete, mortar, stones,
bricks, trees or materials resulting from erection or destruction
of buildings.
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
YARD WASTE
Grass clippings, vines, leaves, flowers, hedge and shrub
trimmings, garden vegetation, tree limbs no greater than six (6) inches
in diameter and other forms of vegetation.
[Ord. No. 1122, 3-12-2018]
[CC 1985 § 14-2; Ord. No. 347 § 2, 7-2-1973; Ord. No. 534, 5-3-1993; Ord. No. 1122, 3-12-2018]
A. All rubble within the City shall be collected
and disposed of by the City or by its duly approved licensed collectors
at such rates as shall be established by ordinance, or by the owner
of such rubble and that rubble (bulky waste) will be collected and
disposed of at least once per year.
B. No commercial yard waste or construction
rubble dumping is allowed within the City.
C. Any person or business found to be in violation of this Section shall be guilty of an ordinance violation and each day said violation continues shall constitute a separate offense. (For penalty, see Section
100.220.)
[CC 1985 § 14-3; Ord. No. 347 § 3, 7-2-1973; Ord. No. 534, 5-3-1993; Ord. No. 562, 2-5-1996]
The City shall provide refuse collection
and disposal within the City subject to and in accordance with the
provisions of this Chapter at least once per week and in compliance
with the Solid Waste Management Plan.
[CC 1985 § 14-4; Ord. No. 347 § 4, 7-2-1973]
It shall be unlawful for any person
to dispose of any refuse or rubble by depositing the same in any public
alley, street, roadway, vacant lot or property of any kind or character
within the City or in any stream or body of water within the City,
or by burning. However, nothing in this Section shall be construed
to prohibit the disposition of refuse by means of burning the same
in an incinerator approved by the Board of Health of the State of
Missouri.
[CC 1985 § 14-5; Ord. No. 347 § 5, 7-2-1973]
It shall be unlawful for any person except the City or authorized collectors to haul, convey or carry garbage through the streets or alleys of the City. Said authorized collectors must comply with Section
230.160 of this Code. (See also Sections
340.260 and
340.270.)
[CC 1985 § 14-6; Ord. No. 347 § 6, 7-2-1973; Ord. No. 534, 5-3-1993]
A. All garbage shall be drained and water
eliminated as far as possible and securely and separately wrapped
before placing the same in containers hereinafter required.
B. All garbage, after complying with Subsection
(A) hereof, and all rubbish shall be placed in a clear plastic and disposable bag. The collector shall not pick up non-disposable containers containing loose refuse.
[CC 1985 § 14-7; Ord. No. 347 § 7, 7-2-1973]
A. Containers in commercial areas in which
refuse to be removed by the City or its authorized collector is placed
shall be located in plain view near the rear exit of the building,
in an accessible location at the ground level or on an open platform
or open porch not more than four (4) feet above the ground level,
and so placed that they may be reached from the ground by the collector.
The collection area is not to be located within a building or other
structure. If the premises on which such refuse accumulates abut a
public alley, such container shall be located immediately adjacent
to such alley. If such alley is not available, but a private driveway
is available, such containers shall be located immediately adjacent
to such driveway. If more than one (1) container is necessary to hold
the refuse accumulating at a customer's premises, or if more than
one (1) container is used for the refuse from any one building, all
containers shall be placed at the same location on the premises.
B. The required disposable containers in residential
areas are to be located at the front curb, or in areas where alleyways
may be used and are designated as collection routes by the City, the
containers shall be placed at the edge of the alley. In areas where
curbside pickup is necessary, the containers shall be placed at the
curb no later than 7:30 A.M. the morning of the collection day and
any remaining containers shall be removed from the curb the same day
as collection. The City will not be responsible for collecting refuse
at the back of a residence where the alley is not used for a collection
route. It shall be unlawful for any person to fail, refuse, or omit
to remove containers from the curb within the time specified in this
Section.
[CC 1985 § 14-8; Ord. No. 347 § 8, 7-2-1973]
It shall be unlawful for any person to deposit in a container from which refuse is to be removed by the City or by its authorized collector any material other than refuse, as defined in Section
230.010 of this Article. If any container contains any material other than refuse, the City or its authorized collector shall not be obligated to remove the contents of such container.
[CC 1985 § 14-9; Ord. No. 347 § 9, 7-2-1973; Ord. No. 562, 2-5-1996]
A. The City or its authorized collector shall
collect and remove refuse from customer's premises according to the
following schedule, unless an approved bulk-storage collection is
in use:
1.
From dwellings, apartments and flats:
once weekly.
2.
From business establishments: once
daily, except Sundays and legal holidays, or as is determined to be
necessary by owner and/or collector.
[CC 1985 § 14-10; Ord. No. 347 § 10, 7-2-1973]
A schedule showing the collection
routes followed by the City or its authorized collector shall be deposited
with and remain on file with the City Clerk. Such routing may be changed
by the authorized collector, but shall at all times follow the routes
as set forth in the schedule on file with the City Clerk and at such
other places as the collector may direct.
[CC 1985 § 14-11; Ord. No. 347 § 11, 7-2-1973; Ord. No. 562, 2-5-1996]
A. Every owner, occupant, tenant or lessee
receiving water and/or electric service within the City limits shall
receive refuse pickup service and shall pay such fees as are set forth
by ordinance, unless waiver of service or a variance of it is authorized
by the Director of the Sanitation Department after special investigation
of conditions upon which the waiver or variance is requested.
B. Residential service shall consist of the removal of refuse substances, as defined in Section
230.010 of this Article, with container contents when full not over seventy-five (75) pounds or the equivalent thereof, once weekly. The fees for such service shall be as are established by separate ordinance.
[CC 1985 § 14-12; Ord. No. 347 § 12, 7-2-1973; Ord. No. 651, 6-5-200; Ord. No. 886, 3-5-2007; Ord. No. 897, 8-6-2007]
A. It shall be unlawful for any owner, occupant
or lessee using or occupying a building, structure or apartment as
a separate unit to utilize the garbage containers or receptacles of
another owner, occupant, tenant or lessee for the disposal of his/her
own refuse or garbage for the purpose of avoiding payment of the fees
levied by this Article.
B. It shall be unlawful to bring or permit
others to bring onto any property refuse, garbage or trash not generated
on that property for the purpose of disposing of these items through
the City's sanitation service and avoiding payment of fees levied
by this Article.
C. It shall be unlawful for any person who
is not an authorized collector licensed for the collection and disposal
of garbage, refuse, recyclables or rubbish by the City of St. James,
Missouri, to remove or disturb garbage, refuse, recyclables or rubbish
from any container or receptacle of another owner, occupant, tenant
or lessee.
D. Any person who violates the provisions
of this Section is guilty of an ordinance violation and, upon conviction,
shall be punished as follows:
1.
By a fine not exceeding five hundred
dollars ($500.00);
2.
By imprisonment in the county jail
not exceeding ninety (90) days; or
3.
By both such fine and imprisonment.
[CC 1985 § 14-13; Ord. No. 347 § 13, 7-2-1973]
Industrial refuse may be collected
by the City upon such terms as may be agreed upon between the City
and each industry.
[CC 1985 § 14-14; Ord. No. 347 § 14, 7-2-1973]
The service fees provided for in
this Article shall be billed and collected by the City of St. James,
Missouri, Municipal Utility Department, and shall be billed as a part
of the utility bill each month. Should such charge for refuse collection
become delinquent, utility services shall be discontinued under the
same terms as provided for the failure to pay for other utility services.
[CC 1985 § 14-15; Ord. No. 347 § 15, 7-2-1973]
Upon the request of a business customer,
the City or its authorized collector shall furnish a refuse storage
dumpster for use by that customer. Such dumpsters shall remain the
property of the City of St. James. Dumpsters or other types of refuse
storage bins not belonging to the City or its authorized collector
will not be emptied by the Sanitation Department. Customer will be
responsible for the sanitary condition of the storage dumpster in
compliance with State Board of Health Standards.
[CC 1985 § 14-16; Ord. No. 347 § 16, 7-2-1973]
Any persons other than the City of
St. James or its authorized collectors desiring to engage in the business
of refuse collection in the City of St. James shall meet all requirements
of and be approved by the Missouri Department of Health, shall be
authorized by the City Council of this City, shall obtain a license
to operate such a business within said City for an annual fee of two
hundred dollars ($200.00), plus an additional annual fee of one hundred
and eighty dollars ($180.00) for each vehicle used in such business.
[CC 1985 § 14-17; Ord. No. 347 § 17, 7-2-1973]
The basic monthly fees for refuse
collection provided for herein and established by separate ordinance
shall be arrived at based upon the actual cost of operation of the
refuse collection service. At any time the Director of the Sanitation
Department determines that the collection from any customer is costing
the City more than the current rate as established by ordinance, the
Director shall have the authority to assess the customer such additional
sums of money, and to bill for the same as hereinbefore provided,
as will compensate the City for the actual cost of such collection.
[CC 1985 § 14-18; Ord. No. 347 § 18, 7-2-1973]
A Sanitation Appeals Board, hereafter
called "the board" is hereby created consisting of three (3) members
to be appointed by the Mayor and approved by the City Council. The
membership of the first board shall serve respectively: one (1) for
one (1) year, one (1) for two (2) years, and one (1) for three (3)
years. Thereafter, members shall be appointed for a term of three
(3) years each. Membership shall be removed for a cause by the appointing
authority upon written charges and after public hearing. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant. The board shall elect its own Chairman who shall serve for
one (1) year. The board shall adopt rules in accordance with the provisions
of this Article or of any amendment thereto. Meetings of the board
shall be held at the call of the Chairman or at such times as the
board may determine. All the meetings of the board shall be open to
the public. The Chairman, or in his/her absence the Acting Chairman,
may administer oaths and compel the attendance of witnesses. The board
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such
fact, and shall keep a record of its examinations and other official
actions, all of which shall be immediately filed in the office of
the board and shall become a public record.
[CC 1985 § 14-19; Ord. No. 347 § 19, 7-2-1973]
Any person desiring to seek review
of the actions of the Director or the Department of Sanitation under
the provisions of this Article shall file in writing with the City
Clerk his/her appeal, which shall consist of a statement of facts
or reasons for making such appeal. The statement for appeal shall
then be presented to the Sanitation Appeals Board at the next regular
meeting. The filing of the appeal shall not change the status or the
condition appealed from until the board shall reach its decision thereon.
The board shall fix a reasonable time for the hearing of the appeal
and give due notice to the parties in interest and decide the same
within reasonable time. Upon the hearing, any party may appear in
person, by agent or by attorney.
[CC 1985 § 14-20; Ord. No. 347 § 20, 7-2-1973]
A. The Sanitation Appeals Board shall have
the following powers:
1.
To hear and decide appeals where
it is alleged there is error in any order, requirement, decision,
or determination made by an administrative official in the enforcement
of this Article.
2.
To hear and decide all matters referred
to it or upon which it is required to pass under this Article.
3.
In passing upon appeals, where there
are provisions of this Article relating to waivers, variances and
assessments.
[CC 1985 § 14-21; Ord. No. 347 § 21, 7-2-1973]
The concurring vote of two (2) members
of the board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass under this Article.
[CC 1985 § 14-22; Ord. No. 347 § 22, 7-2-1973; Ord. No. 534, 5-3-1993]
Any person violating any provision of this Article, or any revision, shall be deemed guilty of an offense. (For penalty, see Section
100.220 of this Code.)
[CC 1985 § 14-23; Ord. No. 509, 4-1-1991]
A. The Department of Natural Resources of
the State of Missouri has imposed restrictions on the disposal of
tires;
B. This restriction forbids individuals from
including tires in their trash;
C. The City of St. James Sanitation Department
will no longer pick up tires as trash;
D. Failure to comply with this Section will
subject violators to a penalty;
E. Any individual who includes tires in the
trash of the City dumpsters will be penalized, if convicted, with
a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00).
[CC 1985 § 14-24; Ord. No. 534, 5-3-1993]
All collection 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 collection 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 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.
[CC 1985 § 14-25; Ord. No. 534, 5-3-1993]
Every precaution possible to insure
the safety and health of everyone involved with the collection of
solid waste will be provided as deemed to be the best concerns of
the City and the employee.