[CC 1996 § 230.010]
Whenever used in this Chapter, the following
words, terms and phrases and their derivatives shall be deemed to
have the meaning indicated below:
A solid waste disposal area which operates under applicable
permits approved by appropriate local, State and Federal agencies.
An incinerator which operates under applicable permits approved
by appropriate local, State and Federal agencies.
Incinerator, transfer station, compost plant or any reclamation,
recycling, salvage or other site where processing and/or storage before
or after processing of solid waste is done, which operates under application
permits approved by responsible local, State and Federal agencies.
Non-putrescible solid waste consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
or institutional establishments which are either too large or heavy
to be safely and conveniently loaded in solid waste transportation
vehicles by solid waste collectors with equipment available, including
discarded large appliances, such as freezers, refrigerators, water
heaters, etc.
The City of Salisbury, Missouri.
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic
concrete, cinder blocks, brick, minimal amounts of wood and metal,
and inert solids as approved by rule or policy of the Missouri Department
of Natural Resources for fill, reclamation or other beneficial use.
Removal of solid waste from its place of storage to the transportation
vehicle.
A solid waste processing facility using a controlled process
of microbial degradation of organic material, which was not source
separated, into a stable, nuisance-free humus-like product.
Yard waste, such as grass clippings, leaves, vines, hedge
and shrub (including rose bushes) trimmings, tree trimmings, and tree
limbs less than six (6) inches in diameter and no longer than four
(4) feet in length, and/or other such organic materials from the yard.
The manager of the Solid Waste Management Program of Salisbury,
or his/her authorized representative.
The unincorporated areas of Chariton County, Missouri.
Solid waste material from the construction or destruction
of residential, industrial or commercial structures, or rubble from
burned buildings.
A solid waste disposal area used for the controlled disposal
of demolition wastes, construction materials, brush, wood wastes,
soil, rock, concrete and inert solids insoluble in water.
Inoperable, junk automobiles, and abandoned automobiles.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Final disposition of solid waste.
The Missouri Department of Natural Resources.
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 waste resulting from the
handling, preparation, cooking, serving, or consumption of food.
Waste materials that are toxic or poisonous, corrosive, irritating
or sensitizing, radioactive, biologically infectious, explosive, or
flammable and that present a significant hazard to human health and
the environment.
A solid waste processing facility consisting of any device
or structure used for weight or volume reduction of solid waste by
combustion pursuant to disposal or salvaging operations.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners,
refrigerators and freezers.
A housing facility containing more than two (2) dwelling
units.
Residential and commercial solid waste generated within a
community. Includes non-hazardous waste generated in households, commercial
and business establishments and institutions; and excludes industrial
process wastes, demolition wastes, agricultural wastes, mining wastes,
abandoned automobiles, ashes, and sewage sludge.
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 tenant.
Burning of solid waste in the open, such as in an open dump.
A solid waste disposal area at which solid wastes are disposed
of in a manner that does not protect the environment, are susceptible
to open burning and are exposed to the elements, vectors, and scavengers.
A person, other than the owner, principally responsible for
the operation of a solid waste disposal area or a solid waste processing
facility.
The person or persons holding title in fee to the land upon
which the solid waste disposal area or solid waste processing facility
is located; or during periods of operation of necessary subsequent
controls, any leaseholder of the land upon which a disposal area or
processing facility is located; or both such holder in fee or such
leaseholder.
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.
Reports and drawings, including a narrative operational description,
prepared to describe the solid waste disposal area of a solid waste
processing facility and its proposed operation.
Separating, incinerating, comporting, compacting, bailing,
shredding, resource recovery or other solid waste reduction processes.
Any facility where solid waste is salvaged or processed,
including but not limited to an incinerator, compost plant, transfer
station, bailer, shredder or resource recovery facility.
Those items which have been diverted or removed from the
solid waste stream for sale, use, reuse or recycling, whether or not
they require subsequent separation and processing.
Newsprint; brown, clear and green glass containers; aluminum;
plastic milk jugs and plastic soda bottles, all rinsed and reasonably
free of food, dirt and other contaminants. Also included as a recyclable
is any other material that the City and contractor may hereafter mutually
agree to collect as a recyclable.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
Any collection (not manufacturing) facility or system that
accepts source-separated materials for resale to markets for resource
recovery.
A process by which recyclable and recoverable material is
removed from the waste stream to the greatest extent possible, as
determined by the Missouri Department of Natural Resources and pursuant
to Department standards, for reuse or remanufacture.
A facility in which recyclable and recoverable material is
removed from the waste stream to the greatest extent possible, as
determined by the Missouri Department of Natural Resources and pursuant
to Department standards, for reuse or remanufacture.
Solid waste consisting of building material from structures
demolished by burning.
The portion of precipitation that drains from the area as
surface flow.
A site where solid waste, including, but not limited to,
derelict automobiles, used automobile parts, tires, discarded appliances,
metal or wooden solid waste, or any combination thereof, are stored
or salvaged.
The controlled removal of solid waste materials for utilization.
The accumulated semisolid suspension of settled solids deposited
from waste waters or other fluids in tanks or basins.
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.
Those haulers licensed by the Solid Waste Management Program
of the City of Salisbury, Missouri.
A 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 materials.
In particular, the final disposition of solid waste by mankind.
Any area used for the disposal of solid waste from one (1)
or more residential, 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.
Solid wastes requiring handling other than that normally
used for municipal solid wastes.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
A solid waste processing facility at which solid wastes from
collection trucks are placed in long-haul carriers.
The transporting of solid waste from the place of collection
or 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.
[CC 1996 § 230.020]
A.
Adequate Trash Storage Required. The occupant of every dwelling unit and all institutional, commercial, industrial establishments or platted subdivision areas producing solid waste within the City shall provide sufficient and adequate containers for the storage of all solid waste and certain yard wastes [see Subsection (D)] to serve each such dwelling unit and/or establishment; and shall maintain such solid waste containers in good repair at all times.
B.
Residential Solid Waste Containers. Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons or less than twenty (20) gallons in nominal capacity. Containers shall be leakproof, waterproof, 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 for easy emptying. They shall be lightweight and of sturdy construction. The weight of any individual containers 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, as approved by the Coordinator, may also be used for storage of residential solid waste. Multiple-housing facilities of four (4) or more units shall use bulk containers for storage of solid waste, as described in Subsection (C).
C.
Non-Residential Solid Waste Containers. Commercial,
industrial, institutional or related business establishments shall
store solid waste in adequate solid waste containers as approved by
the Coordinator. The containers shall be identified with the owner's
name and/or phone number; the containers shall be waterproof, leakproof
and covered at all times if so designed, except when depositing waste
therein or removing waste therefrom, and shall be cleaned periodically
by the collector. Waste deposited therein shall first be enclosed
in disposable containers by the establishment served.
D.
Yard Waste. Yard wastes shall be stored in containers
constructed and maintained to prevent the dispersal of wastes on the
premises or upon adjacent property.
1.
Storage Of Yard Wastes In Compost Containers. Home composting containers shall not be visible from the street fronting the dwelling. These containers shall comply with all local, State, and Federal hearthstones, and must comply with the vector control of Subsection (I), among others, of this Chapter.
E.
Waste Containers Location. Residential solid waste
containers shall be stored upon the residential premises. Commercial
solid waste containers shall be stored upon private property, unless
the owner shall have been granted written permission from the Coordinator
to use public property for such purposes. The storage site shall be
well drained, fully accessible to collection equipment, public health
personnel and fire inspection personnel and shall provide a solid
base for containers. The base shall be level with the ground.
F.
Bulky Rubbish Storage. The occupant of every dwelling
unit and all institutional, commercial, industrial establishments
producing bulky rubbish shall store such rubbish within the confines
of a building or waste container until the day of collection and transportation
to an approved disposal site. If bulky rubbish is stored at the business,
that storage area shall comply with the requirements set forth for
salvage yards.
G.
Demolition And Construction Waste Storage. Any person
producing demolition and construction waste while building or demolishing
a structure shall store the waste of the building site no longer than
fourteen (14) days after demolition or construction occurred before
disposing of the waste at an approved disposal site, processing facility
or other area approved by the Coordinator. Any person producing demolition
and construction waste while simultaneously building or demolishing
two (2) or more structures in the same development shall store the
waste on the premises no longer than thirty (30) days between dates
of collection and disposal at an approved disposal site, processing
facility or other area approved by the Coordinator.
H.
Rubble Storage. Any person owning a structure which
has been reduced to rubble by fire; demolished after a fire on order
of the City of Salisbury Building Official, acting on the regulations
specified in the City of Salisbury Building Code;[1] demolished after condemnation by the Fire Marshal of the
Fire District wherein the burned or hazardous structure is located;
or reduced to rubble by any combination thereof shall be allowed to
retain rubble on the site of the fire no longer than forty-five (45)
days from the date of notice from the Coordinator for disposal of
rubble to such person, same to be disposed of only at an approved
site. The notice of disposal shall be sent by the Coordinator after
his/her inspection of the site and consultation with the Building
Commissioner and/or the Fire Marshal in whose district the structure
is located.
[1]
Editor's Note: See generally Title V, Building and Construction,
of this Code.
I.
Vector Control. The operator of a solid waste storage,
collection, transportation, processing or disposal business shall
maintain conditions that are unfavorable for the harboring, feeding
and breeding of insects and rodents. Insect and rodent control contingency
programs shall be implemented when necessary to prevent or rectify
such problems.
J.
Aesthetics. The operator of a solid waste storage
collection, transportation, processing or disposal business shall
maintain a neat, clean appearance of the waste containers, trucks,
and site. Immediate action shall be taken to eliminate odors, dust
or other nuisance conditions.
[CC 1996 § 230.030]
A.
Commercial And Residential Waste Collection Required.
The occupant of every dwelling unit and all institutional, commercial,
industrial, R District or other establishments disposing of solid
waste in the City shall be required to have a solid waste collection
service by the hauler contracted by the City for the collection and
transportation of solid waste. The cost of such collection shall be
negotiated between the hauler and the City on a periodic basis. Such
cost as is incurred shall be borne by the occupant or establishment
producing the solid waste.
B.
Waste Collection And Waste Ownership. All solid waste
properly prepared for collection as required by this Chapter shall
be collected by the occupant's selected hauler, except bulky rubbish
as defined herein; provided, however, that bulky rubbish will be collected
if tied securely in bundles not exceeding reasonable limitations of
weight and bulk as required by the hauler. All solid waste collected
shall, upon being loaded into transportation equipment, become the
property of the hauler.
C.
Pickup. All solid waste containers as required by this Chapter for the storage of residential solid waste and yard waste as regulated in Section 230.020(D) and other solid waste authorized for pickup in this Chapter by the solid waste haulers shall be placed on the designated collection day at a location of the occupant's property previously agreed upon by the hauler and the occupant. All such containers and solid waste shall be placed for collection in an area not subject to runoff from stormwater. The containers shall be returned within twenty-four (24) hours after collection to the occupant's storage location.
D.
City Clean-Up Week. Procedures for the collection, transportation and disposal of bulky rubbish and illegally deposited solid waste in the City shall be incorporated into a systematic plan for an annual "City Clean-Up Week," to be formulated and organized by the Coordinator. The plan shall encompass the City, shall establish the scope of activities to be carried on during the week, shall establish the dates for such activities, shall set a budget listing anticipated expenditures and sources of funding, and shall include whatever other plans, procedures and information deemed necessary by the Coordinator and the Board of Aldermen. The plan for City Clean-Up Week shall include coordination and cooperative efforts with public entities, businesses, organizations, individuals and groups of individuals who are willing to donate time and/or equipment to improve the appearance of the City and who share a common concern for the health, safety and welfare of its citizens. The opportunity for bulky trash pickup collection service must be provided to the residents of the City twice each year by the solid waste collectors, under the procedure set by the Coordinator as directed in Section 230.020(D) and (G). Each resident must be notified in advance of the date when such service will be performed by notice in local news media.
E.
Right Of Entry For Collector. Solid waste collectors
operating with a valid hauling permit from the Coordinator are hereby
authorized to enter upon private property for the purpose of collecting
solid waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or commercial establishments for the
purpose of collecting residential or commercial solid waste without
prior agreement with the occupant of such dwelling unit or commercial
establishment or their duly authorized agent.
F.
Residential Collection Frequency. A minimum of once
a week service shall be provided to residents of the City, except
where conditions justify lesser service in low population density
areas as determined by the Coordinator. Exceptions to the minimum
collection service required would be in case of weather so severe
as to make collection on a particular day impossible, or in the event
of a national holiday falling on a regularly scheduled collection
day.
G.
Bulky Rubbish Collection. The opportunity for bulky rubbish collection by haulers shall be made available twice yearly. The dates of one (1) such collection shall coincide with City Clean-up Week [see Subsection (D) of this Section]. The procedure and dates for collection of bulky rubbish shall be established by the Coordinator. Cost of pickup shall be borne by the owner of the rubbish. This is not to exclude bulky rubbish pickup at any time of the year when arranged between hauler and customer.
H.
Collector Responsibility For Litter. Commercial solid waste collectors operating in the City shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle, provided the solid waste was stored in compliance with Section 230.020 of this Chapter, or in case of bulky rubbish, in compliance with the procedure set by the Coordinator in Subsection (D) of this Section. 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.
[CC 1996 § 230.040]
A.
Regulations For Solid Waste Transportation Businesses.
Solid waste transportation businesses shall comply with all Sections
of the City Solid Waste Management Order. Such businesses shall conform
with the zoning requirements of the City, unless specifically exempted
in writing by that governing body. Such businesses shall also be inspected
at least annually and are subject to inspection at any time to assure
compliance with this Chapter.
B.
Records. The operator of a solid waste collection,
transportation, processing or disposal business shall maintain records
and monitoring data as specified by the Coordinator. The records and
data shall be provided to the Coordinator upon request. Records shall
be maintained covering at least the following:
C.
Vehicles Required To Be Permitted. All solid waste
shall be transported in vehicles which meet current local, State and
Federal regulations and hold valid City hauling permits where required.
Hauling permits shall not be required for the removal, transporting
or disposal of clean fill, provided such activities do not create
a nuisance, health hazard or pollution or otherwise violate any law
or regulation of the State, County, or City.
D.
Vehicle Requirements. All transportation vehicles
shall be maintained in a safe, clean and sanitary condition, and shall
be so construed, 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 covers of suitable materials
with fasteners designed to secure all sides of the covers to the vehicles
or containers 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.
[CC 1996 § 230.050]
A.
Disposal At Approved Site. Solid waste shall be deposited at an approved processing facility or approved disposal area, except as otherwise provided in Subsection (F).
B.
Hazardous Waste. The Coordinator shall classify certain
wastes as hazardous wastes according to regulations promulgated by
DNR and the United States Environmental Protection Agency. Those wastes
shall be handled and disposed of in a manner which will meet all local,
State and Federal requirements.
C.
Demolition And Construction Waste Disposal. Any person
who engages in building construction, modification, or demolition
which produces demolition or construction waste or any person who
stores, collects, transports or disposes of demolition or construction
waste produced in the City shall dispose of such waste at an approved
disposal area or processing facility or other site approved by the
Coordinator. Each such person shall maintain records of sites used
for waste disposal for a period of three (3) years. These records
shall be made available to the Coordinator upon request. Agricultural
construction projects shall be exempt from the provisions of this
Section.
D.
Rebuttable Presumption. Information obtained from
waste disposed or deposited in violation of this Section may be a
rebuttable presumption that the person so identified committed the
violation. If the operator or passenger of any vehicle is witnessed
by a Peace Officer or employee of the DNR to have violated the provisions
of this Section and the identity of the operator is not determined
or otherwise apparent, it may be a rebuttable presumption that the
person in whose name such vehicle is registered committed the violation.
E.
Water Quality. All waters discharged from a solid
waste storage, collection, transportation, processing facility or
disposal area shall be sufficiently treated to meet applicable water
quality standards, including those established under the authority
of the Federal Water Pollution Control Act, as amended, the Missouri
Clean Water Commission and under municipal or regional sewer discharge
regulations.
F.
Exemptions. Notwithstanding Subsection (C), certain wastes may be disposed as provided by this Section.
1.
Any person engaged in any activity which produces
clean fill may use such material for fill, reclamation or other beneficial
purposes on his/her own property or on the property of another person
with the written permission of the owner of such property, provided
that such usage does not violate any State law or local ordinance
or order.
2.
Recovered materials that have been source separated
may be deposited in an appropriate container at a recycling center,
or at a salvage yard or other area approved by the Coordinator.
3.
Yard wastes may be deposited at a compost plant,
yard waste composting facility or in a compost container on the site
where generated.
4.
A person engaged in any activity which produces
wood waste may reuse or recycle such waste or may dispose of wood
waste on the site where generated if such disposal is in compliance
with applicable State law or local ordinances or orders.
5.
A person who engages in clearance, trimming
or removal of trees, brush or other vegetation may use wood wastes
from such activities for beneficial purposes, including, but not limited
to, firewood, ground cover, erosion control, mulch, compost or cover
for wildlife.
6.
Any on-site waste processing facility which
processes solid waste from an individual household, single building
or institution, provided the facility is located on the premises where
the refuse originates.
7.
The use of compost or organic or municipal sewage
sludge in normal farming operations.
[CC 1996 § 230.060]
A.
Recoverable Materials Programs. The City shall initiate
a recoverable materials program in accordance with the North Missouri
Solid Waste Management Plan, including ,but not limited to, voluntary
drop-off sites for recyclable materials and composting sites for yard
wastes.
B.
Quality Of Recyclables. Recyclable materials must
be free of contaminants and comply with all rules and regulations
of the recyclable site. Contaminants include, but are not limited
to, soil, yard waste, stone or rock, garbage, hazardous waste, special
waste, and excessive mold.
C.
Quality Of Compostables. Compostable materials must
be free of contaminants and comply with all rules and regulations
of the composting site. Contaminants include, but are not limited
to, demolition and construction waste, yard waste that has been chemically
treated, plastic bags, pet waste, and carcasses or meat (other than
worms, etc.).
D.
Recycling Containers. Recycling containers shall be
provided by the City in which separators allow for sorting of materials
into various classes of materials. Recyclable material sites must
be emptied frequently enough to avoid overfilling.
E.
Ownership Of Recyclables. Recyclable materials, once placed in the containers provided by the City, become the property of the City or the business responsible for transporting or processing the materials. Foraging through these containers is prohibited and will be penalized by fines outlined in Section 230.080.
F.
Transportation Of Recyclables. The City shall enter into a contract with a transporting firm to transport recyclable materials from the drop-off site to the processing center. The transporting firm shall be subject to all regulations outlined in Section 230.040.
G.
Processing Of Recyclables. The City shall enter into
a contract with a recyclables processing center wherein the processing
center will accept all recyclables which meet a predetermined quality
and sorting of materials.
H.
Composting Site. The City shall develop a composting
program. This program will consist of a composting facility (a regional,
County, or municipal site) or a program endorsing and distributing
home compost bins. Contractually the City shall agree to purchase
its landscaping and landfilling compost/soil from the aforementioned
composting facility.
I.
Enforcement. The Solid Waste Coordinator shall be
free to conduct inspections that are not specifically denied by this
Chapter, State or Federal law. The Coordinator shall exercise all
powers pursuant to this Chapter.
[CC 1996 § 230.070]
A.
Establishing Rules And Regulations. Within the framework
of this Chapter, the Coordinator, with the approval of the Board of
Aldermen, shall make, amend, revoke, and enforce reasonable and necessary
rules and regulations governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage
in solid waste containers. Specifications for solid waste containers,
including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof,
and of equipment thereto pertaining, if any. Weight limitations on
the combined weight of solid waste containers and the contents thereof,
and weight and size limitations of bundles of solid waste too large
for solid waste containers.
2.
Sanitation, maintenance and replacement of solid
waste containers.
3.
Storage, collection, transportation, processing
and disposal of solid waste.
4.
Processing facilities and salvage yards.
5.
Disposal facilities.
6.
Recycling centers and salvage yards.
7.
Records of quantity and type of wastes received
at processing and/or disposal facilities.
8.
Handling of toxic and hazardous waste according
to the Missouri Department of Natural Resources and the United States
Environmental Protection Agency guidelines.
9.
Handling of special waste and sludge, ashes,
constructional and demolition waste, bulky items, white goods, tires,
automobiles, oils, greases, dead animals, lead acid batteries, etc.
10.
Licensing and inspection of all solid waste
collection and transportation vehicles.
B.
Coordinator's Right Of Inspection And Notice Of Violation.
In order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Coordinator and
Director of Health are authorized to inspect all phases of solid waste
management within the City. No inspection shall be made in any dwelling
unit unless authorized by the occupant or by due process of law. In
all instances where such inspections reveal a violation of this Chapter,
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 Coordinator shall issue notice for each
such violation stating therein the violation or violations found,
the time and date of the corrective measures to be taken, together
with a reasonable time in which such corrections shall be made.
C.
Other Administrative Powers. Other administrative
powers of the Coordinator shall include:
1.
Maintaining all records relating to the solid
waste management system and the solid waste budget.
2.
Coordinating solid waste activities in the City,
such as enforcement of the regulations and waste programs, and issuing
and denying permits.
3.
Directing the phasing out of all promiscuous
open dumps within the City.
4.
Hearing complaints from citizens and haulers.
5.
Participating in the planning for future solid
waste needs in the City.
[CC 1996 § 230.080; Ord. No. 09-10-01 § 1, 10-8-2009; Ord. No. 15-11-01 § , 11-12-2015]
A.
It shall be unlawful for any person to:
1.
Deposit business or residential solid waste
inside or outside any solid waste container other than the container
designated for the collection of waste generated on that premises
for which payment of monthly charges is being made to the City for
collection of that waste; or
2.
Deposit business or residential solid waste
in any solid waste container placed in any public park or playground,
or in containers placed on the public streets by the City of Salisbury,
or in any public or parochial school grounds, or house of worship;
or
3.
Interfere in any manner with solid waste collection
equipment, with recycling storage containers, or with solid waste
collectors in the lawful performance of their duties, 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; or
4.
Burn garbage or solid waste, except as permitted
below, in an incinerator or burn barrel on the premises or on the
ground or in any other container; or
5.
Dispose of solid waste at any facility or location
which is not approved by the City, County, or State acting through
any of its agencies; or
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; or
7.
Throw or dispose of any items at the City compost
collection site with the exception of leaves, grass, brush, tree logs,
limbs, and stumps, and other naturally growing vegetation; it shall
be specifically understood that materials such as paper, cardboard,
lumber, wooden items, or building materials that might otherwise be
considered items which can burn are NOT items which can be disposed
of at the City compost collection site and are strictly prohibited.
B.
Notwithstanding any language set forth above in defining
prohibited practices, the following practices shall not be unlawful,
except during the period in which the City Fire Chief or other authorized
individual has publicly issued a burn ban:
1.
A property owner or lawful occupant of property,
subject to the conditions set forth, may burn the natural vegetation
which grew or naturally accumulated on the property on which the vegetation
grew or accumulated, subject to the following:
a.
"Natural vegetation" shall be meant to include
dry leaves, dry grass and/or mower clippings, dry weeds, dry brush,
dry vines, tree logs, limbs, and stumps.
b.
No burning permitted under this Subsection shall
begin before 6:00 A.M. and shall be extinguished by 7:00 P.M. the
same day.
c.
All burning permitted under this Subsection
shall be monitored by the presence of an adult over the age of eighteen
(18) years on the premises during the burn, and it shall be a violation
of this Chapter to leave a burn site unattended, meaning that no adult
over the age of eighteen (18) years is on the premises during the
burn.
d.
No burning permitted under this Subsection shall
be permitted on or within five (5) feet of a sidewalk, on or within
five (5) feet of the paved portion of a highway or street, or within
thirty (30) feet of any neighbor's property line.
e.
The property owner or lawful occupant of property
burning vegetation as permitted by this Chapter shall remain strictly
liable for any damages to person or property of others, whether on
or off the premises, found to have been caused by burning such vegetation,
and said permission shall not be considered license to create or maintain
a nuisance.
2.
A property owner or lawful occupant of property,
subject to the conditions set forth, may have on their premises a
recreational burning or fire, such as, but not limited to, fire pits,
campfires, and outdoor firing of pottery or for cooking, subject to
the following:
a.
Only propane, natural gas, dry firewood, dry
logs, wood chips, charcoal or other materials commonly used for recreational
burning may be used under this Subsection so as to reduce the smoke
produced.
b.
No burning under this Subsection shall be permitted
between 1:00 A.M. and 6:00 A.M.
c.
All burning permitted under this Subsection
shall be monitored by the presence of a person over the age of fifteen
(15) years on the premises during the burn, and it shall be a violation
of this Chapter by the premises occupant to leave a burn site unattended,
meaning that a person over the age of fifteen (15) years is not on
the premises during the burn.
d.
No burning permitted under this Subsection shall
be permitted on or within ten (10) feet of a sidewalk, on or within
twenty (20) feet of the paved portion of a highway or street, or within
thirty (30) feet of any neighbor's property line.
e.
The property owner or lawful occupant of property
maintaining a recreational burning as permitted by this Chapter shall
remain strictly liable for any damages to person or property of others,
whether on or off the premises, found to have been caused by such
burning, and said permission shall not be considered license to create
or maintain a nuisance.
