[HISTORY: Adopted by the Village Council of the Village of
Vicksburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-19-1977 by Ord. No. 118 (Ch. 54, Art. II, of the 1995 Village
Code)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who has arranged or contracted for refuse collection
service.
An individual hired by an employer to work for wages or salary,
whose responsibilities include handling the refuse bin. This includes
individuals hired by the customer, owner, or refuse collector.
A person who hires one or more individuals to work for wages
or salary.
A person who has title to the refuse bin.
Those bins which are mechanically emptied into refuse collection
vehicles. Excluded from this article are roll-off containers hoisted
atop tilt-frame or hoist-type trucks and manually handled cylindrical
containers or manually handled disposal bags.
The company, firm or other business organization which is
in the business of providing refuse collection service.
A person who deposits refuse into the refuse bin.
No person shall remove, mutilate or conceal any notice or placard
posted by an employee of the Village except by permission of such
employee.
If the owner, occupant or person in charge of any premises in
the Village, to which the Village is given a right of entry for enforcement
or administration purposes by any provision of this article or any
code or regulation adopted by this article, refuses entry to the person
responsible for enforcement of such provision, such person shall seek
a warrant or use such other legal procedures as shall be advisable
and reasonably necessary to discharge his duties.
The regulations of this article are minimum standards supplemental
to the rules and regulations duly enacted by the State Department
of Health and to the laws of the state relating to the public health.
Where any of the provisions of this article and the provisions of
state regulations apply, the more restrictive shall prevail.
Any person who shall fail to comply with any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 1-6.
Nothing stated in this article shall be construed to limit the
power of an employee of the Village to order the immediate and complete
abatement of a public nuisance or menace to the public health or of
a condition which, in the opinion of the employee of the Village,
may become a menace to the public health.
A.
Unloaded requirements.
B.
Loaded requirements. Refuse bins shall be designed, constructed, or modified in such a manner that, when uniformly loaded, the load center of gravity shall lie within the wheel base of the refuse bin when tested according to the conditions specified in Subsection C of this section.
C.
Conditions for testing. Tests to determine whether refuse bins satisfy the performance requirements given in Subsections A and B of this section are to be done separately and according to the following conditions in this section:
(1)
The bin shall be empty.
(2)
The bin shall rest on a hard, level surface.
(3)
The bins shall not be allowed to move laterally on the surface upon
which it rests.
(4)
Bins with lids or covers shall have the lids or covers positioned
in their most adverse stability condition.
(5)
Bins with casters or wheels shall have the casters or wheels positioned
in their most adverse stability condition (see Figure 1 on file at
the office of the Village Manager).
D.
Exceptions. If in-service or newly manufactured refuse bins cannot
meet the requirements, they shall comply with the following:
(1)
The refuse bin shall be reasonably secured in some manner such as
chained or tied to a stake, fence, wall or other stationary object
such that the bin will not tip over.
(2)
The refuse bin shall be enclosed within a fence or barrier at least
four feet in height with an access gate that is kept locked or otherwise
reasonably protected from unauthorized access.
E.
Safety markings.
(1)
A safety marking shall be conspicuously located on each of the two
opposite sides of the refuse bin, as illustrated in Figure 2, which
is on file at the office of the Village Manager, such as: "Notice
— Container must be placed on hard surface — Load uniformly."
(2)
Safety markings shall be located on the front and the two sides of
the refuse bin, as illustrated in Figure 2, which is on file at the
office of the Village Manager, such as: "Caution — Do not play
on or around."
(3)
The size of the safety markings shall be at least five inches by
seven inches.
F.
Responsibilities.
(1)
Manufacturer. It shall be the responsibility of the manufacturer of refuse bins to design and construct refuse bins in conformance with § 389-1 and Subsections A through D of this section. Manufactured refuse bins shall have a permanent identification of the name of the manufacturer and the date of manufacture or a code traceable to the date of manufacture.
(3)
Owner. The owner's responsibility shall be as follows:
(c)
The owner of refuse bins shall inform the customer of necessary
safety precautions and requirements associated with the use of the
refuse bins, including, but not limited to, the following:
[1]
Refuse bins shall be placed on a hard, level, weather-resistant
surface. Such surface shall extend at least two feet on each side
of the container, and the unloading side shall be flush with the surrounding
area.
[2]
Refuse bins shall be loaded uniformly, with no refuse extending
beyond the internal volume of the bin.
[3]
All safety features for stability shall be used, such as fasteners,
if fasteners are intended to secure the refuse bin to a stationary
object.
[4]
After the customer informs the owner of the refuse bin of any
damage, defect, or malfunction of the refuse bin, it shall be repaired
within 30 days.
(4)
Refuse collector. The refuse collector's responsibility shall be
as follows:
(b)
The refuse collector shall inform the owner of refuse bins of
any damage, defect, or malfunction of the refuse bins.
(c)
The refuse collector shall notify the customer immediately,
upon notification from the refuse collector employee, that no hard,
level, weather-resistant area is available for placing a refuse bin.
(5)
Refuse collector employee. The refuse collector employee's responsibility
shall be as follows:
(a)
The employee of the refuse collector shall return the refuse
bins, after unloading, to their original location if this location
is a hard, level, weather-resistant surface.
(b)
The employee shall place a refuse bin only on a hard, level,
weather-resistant surface. If such an area is not available, he must
immediately notify his employer and the owner.
(6)
Customer. The customer's responsibility shall be as follows:
(a)
Be responsible for ensuring that a hard, level, weather-resistant
surface is provided for the placement of refuse bins.
(b)
(c)
Ensure that the refuse bin is loaded uniformly, with no refuse
extending beyond the internal volume of the bin.
(d)
Inform the owner of the refuse bin of any damage, defect, or
malfunction to the refuse bin.
[Adopted 11-20-1995 by Ord. No. 217 (Ch. 54, Art. III, of the 1995 Village
Code)]
For the purpose of this article, the words and phrases listed
below shall have the following meanings:
The gathering by a hauler of designated materials placed
by a customer within six feet of the curb or road's edge.
A service which collects designated materials on the exterior
side of a residence which faces the street access for the residence.
All waste consisting of or in general contact with putrescible
animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food, and other small miscellaneous residential
waste, such as consumer packaging used for food products.
Any person involved in the business of collecting residential
garbage generated within this jurisdiction.
The Village or a person or public agency designated by the
Village to perform administrative duties specified in this article.
The Village.
Service provided to residential buildings of five dwelling
units or more. Containers for such service generally shall be for
common collection.
Any individual, firm, public or private corporation, partnership,
trust, public or private agency or any other entity or any group of
such persons.
Items which cannot be lawfully deposited in a type II landfill
as defined by state law.
Waste materials which can be converted to a useful product
and for which there is a market. Examples of recyclable materials
include corrugated materials, cardboard, clear glass jars and bottles,
and certain plastics and metals.
All large rubbish and debris of a domestic or household character,
except garbage, recyclables, and yard trimmings, or any other prohibited
item. Recyclable containers containing trash shall be deemed trash
for purposes of this article.
A fee system used by a hauler to charge for services based
on the amount (weight or volume) of the material being collected from
the customer. Fees progressively based on the collection container
size shall be deemed unit-based fees for the purposes of this article.
Leaves, grass clippings, vegetable or other garden debris,
shrubbery, or bush or tree trimmings less than four feet in length
and two inches in diameter.
A.
The purpose of this article is to protect and promote the public
health, safety, and welfare of the inhabitants of the Village by regulating
the collection of residential garbage and recyclables in a manner
that will promote waste reduction.
B.
This article does not prevent persons or organizations from marketing
or disposing of collected materials where the persons or organizations
choose, as long as the collected materials are marketed or disposed
of in a manner which is consistent with local, state, and federal
requirements.
This article is not intended to alter or delete terms or conditions
of any existing contract or franchise or the Village's rights and
abilities to develop other means of providing garbage, recycling,
trash or yard trimmings service through, for example, but not limited
to, collection services provided by municipal crews or private contractor(s).
A hauler who violates any of the provisions of this article shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statutes and shall be subject to a civil fine of not more than $500 along with costs. which may include all expenses, direct and indirect, to which the Village has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $9 nor more than $500 be ordered. Each day that a violation occurs shall constitute a separate offense. The foregoing sanctions shall be in addition to the rights of the Village to proceed under § 389-23 or at law or equity with other appropriate and proper remedies.
A.
B.
A hauler shall not limit the amount of residential recyclable materials
from each customer as long as the materials are generated by that
customer.
C.
A hauler shall offer at least three garbage collection container
size options. The smallest option shall be no greater than a thirty-gallon
container.
D.
A hauler shall offer owners of housing structures with five or more
units the opportunity for on-site collection of garbage and/or recyclables.
E.
Haulers shall abide by local ordinances in effect which regulate
days when materials are collected.
A.
A hauler shall offer its regular curbside residential garbage-recycling
customers a minimum of once-per-week garbage collection service and
once-per-month recycling collection service. A hauler shall also offer
irregular or as-needed collection service.
B.
A hauler shall offer its regular curbside residential garbage customers
residential trash and yard trimming collection services at a frequency
of not less than four times per year. A hauler shall also offer irregular
or as-needed collection service.
B.
Fees for residential collection services shall be unit-based, with
the exception of recycling, which shall not be unit-based.
C.
A hauler shall not charge an extra fee for front door or similar
noncurbside service to elderly or handicapped customers who provide
proof to the hauler of a disability which renders their household
unable to place materials for collection at the curb or road edge.
In a case of dispute between a customer and hauler as to the adequacy
of the proof provided by the customer, the Village Manager shall make
the final determination.
A.
All haulers shall provide proof of minimum liability insurance when
working in the Village as follows:
B.
The insurance company(ies) providing the above insurance to the hauler
must be licensed to do business in the state, recognized by the Michigan
Insurance Bureau, and have a rating in the latest Best rating of B+
or better.
C.
The insurance policy shall include an endorsement stating that it
is understood and agreed by the hauler and its insurance company that
30 days' advance written notice of cancellation, nonrenewal, reduction,
and/or material change of the insurance policy shall be sent to the
licensing agent and Village.
A.
Semiannual educational notice. On a semiannual basis, all haulers
shall distribute to their residential customers, the Village and the
licensing agent printed material which communicates the availability
of and includes the details and procedures for the collection services
regulated in this article. Haulers may distribute the printed materials
with customer billings or appropriate leave-behind tags for its customers.
A hauler shall notify its residential customers of any material changes
in service that affect the customer on or before the next billing
cycle.
B.
Educating noncompliant customers. If a customer of the hauler does
not properly prepare materials for collection, a hauler is not obligated
to pick up the material if, by collecting the materials, a hauler
places itself in a position of noncompliance with this article or
other applicable law. In such cases, the hauler shall notify the customer
of the potential violation and provide instructions to the customer
on how to comply. The notification shall be: a leave-behind tag, a
letter, telephone and/or direct personal communication.
In order to permit public evaluation of the waste reduction
measures promoted in this article, all haulers shall file quarterly
reports with the licensing agent by the 15th day of January, April,
July and October of each year. The report shall contain a good faith
estimate of the amount of residential recyclables collected by the
hauler within: the City of Kalamazoo, the City of Portage, and that
portion of Kalamazoo County outside the cities of Kalamazoo and Portage.
No person shall engage in the business of collecting residential
garbage within the Village without first obtaining a hauler license.
A.
The application will require: the name, local address, and telephone
number of the hauler; the name, address, and telephone number of the
hauler's main office, if the local office is a subsidiary or branch
location; and proof of insurance. The application shall be signed
by a duly authorized officer or employee of the hauler.
B.
A licensee shall notify the licensing agent, in writing, prior to
any substantial change in the information provided in the application.
A.
Application or renewal licensing fees shall be paid by the applicant
upon submittal of the application to the licensing agent. The application
and renewal fees shall be set by the licensing agent. If the Village
designates Kalamazoo County as the licensing agent under this article
and one or more other municipalities do the same, a single application
fee paid by the hauler to Kalamazoo County for a hauler license shall
satisfy the application fee requirement for those municipalities.
The fees shall be reasonable and shall not exceed the cost of administering
this article.
B.
A license shall expire on December 31 of each year.
A.
Upon receipt of a completed application and the application fee,
the licensing agent has up to 45 days to determine the accuracy of
the information included on the application. If the information on
the application is found to be accurate, the licensing agent shall
issue a written notice of approval no later than 45 days after receipt
of the application. If any inaccuracy(ies) become apparent, the licensing
agent shall inform the applicant of the inaccuracy(ies) by certified
mail and request a correction.
B.
A hauler shall provide corrected information for the application,
by certified mail, to the licensing agent within seven days of receipt
of the original request or be subject to denial of the license by
12:00 midnight of the seventh day, if such information is not forthcoming.
C.
Notice of denial shall be sent to the applicant by certified mail. The notice shall include the notification of the right of the applicant to request reconsideration of the denial and to have a hearing thereon before the licensing agent. Any such request for reconsideration shall be filed in writing with the licensing agent within 10 days from the date of mailing of the notice of denial. The hearing shall be noticed and conducted by the licensing agent in substantial accordance with the procedures set forth in § 389-23.
A.
The Village may, acting in accordance with § 389-23, suspend or revoke a hauler's license to operate within the Village's jurisdiction.
B.
A license may be suspended or revoked for the following reasons:
(1)
The failure of the licensee to substantially comply with this article
or any other applicable federal, state, county and local laws and
regulations;
(2)
Misrepresentation of any material fact contained in the license application;
and/or
(3)
The failure of the licensee to make payment of any municipal civil
infraction fine(s) imposed for violation of this article.
C.
If a hauler's license is suspended, it will remain suspended for
such period of time as is set by the Village. If a hauler's license
is revoked by the Village, the licensing agent shall not issue a new
license until approval has been granted by the Village.
A.
Written notice of a public hearing to consider suspension or revocation
of a license shall be mailed by certified mail to the licensee at
its last known address not less than seven days prior to the public
hearing at which the suspension or revocation of the license will
be considered. The notice shall indicate the date, time, and location
of the hearing. It shall also include a statement of the tentative
reasons for the proposed suspension or revocation.
B.
The public hearing shall provide the opportunity for the hauler to
present witnesses and question any adverse witnesses as may appear
at the hearing.
C.
Any suspension or revocation imposed by the Village shall be based
upon a full consideration of the evidence presented at the public
hearing.
D.
The Village shall have 30 days from the date of the public hearing
to make a determination. Written notice of the determination, along
with a statement of the reasons for the determination, shall be mailed
by certified mail to the last known address of the licensee no later
than eight days after the Village's decision.
A license shall not be transferable or assignable to another.
