[R.O. 1997 § 240.015; Ord. No.
2736 § 1, 6-7-2005]
For the purposes of this Article, the following terms shall
have the meanings indicated below:
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the solid waste management program of the
City shall be the Property Maintenance Officer or as the City Council
otherwise directs.
Disposable plastic or paper sacks with a capacity of thirty
(30) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities used, or which are
intended to be used, for living, sleeping, cooking and eating.
Any waste or combination of wastes, which is determined by
the Department of Natural Resources pursuant to rules and regulations
adopted by the Hazardous Waste Management Commission, because of its
quantity, concentration or physical, chemical or infectious characteristics
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible,
illness or pose a present or potential threat to the health of humans
or other living organisms.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
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 a tenant.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision or organization of any kind or their legal representative,
agent, assigns, successors or fiduciaries.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Unwanted or discarded waste materials in a solid or semisolid
state, including, but not limited to, garbage, ashes, household refuse,
street refuse, rubbish, dead animals, animal and agricultural wastes,
discarded appliances, special wastes, trash, industrial wastes and
demolition and construction waste.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units.
A watertight, galvanized metal or durable plastic container
equipped with a handle or handles to facilitate lifting and a tight-fitting
lid of a capacity of one hundred (100) gallons or less which, when
containing solid waste, shall not weigh in excess of seventy-five
(75) pounds.
The process of discarding or getting rid of unwanted material.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Grass, clippings, leaves, tree trimmings.
[R.O. 1997 § 240.020; Ord. No.
2736 § 2, 6-7-2005]
A.
The occupant or owner of every dwelling unit and of every institutional,
commercial or business, industrial or agricultural establishment producing
solid waste within the corporate limits of the City shall provide
sufficient and adequate containers for the storage of all solid waste
(except bulky rubbish and demolition and construction waste) to serve
each such dwelling unit and/or establishment and to maintain such
solid waste containers at all times in good repair.
B.
The occupant or owner of every dwelling unit and of every institutional,
commercial, industrial, agricultural or business establishment shall
place all solid waste to be collected in proper solid waste containers,
except as otherwise provided herein, and shall maintain such solid
waste containers and the area surrounding them in a clean, neat and
sanitary condition at all times.
C.
Residential solid waste shall be stored in containers of not more
than one hundred (100) gallons in nominal capacity. Containers shall
be leakproof, waterproof and fitted with a flytight 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 originally manufactured for residential solid waste with
tapered sides for easy emptying. They shall be of lightweight and
sturdy construction. The weight of any individual container 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. Disposal solid waste containers with
suitable frames or containers, as approved by the Director, may also
be used for storage of residential solid waste. Commercial type trash
receptacles or dumpsters, which exceed the size and structure specifications
contained in this Subsection, shall be prohibited in residential zoning
districts except for use by multiple-housing facilities containing
four (4) or more dwelling units and except for a period of time not
exceeding six (6) months to allow for the reconstruction, rehabilitation,
remodeling or demolition of a dwelling unit as defined in this Article.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 230.020(C).
E.
Solid waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[R.O. 1997 § 240.030; Ord. No.
2736 § 3, 6-7-2005; Ord. No. 3075, 11-15-2022]
A.
The City shall provide for the collection of all residential solid
waste in the City; provided, however, that the City may provide the
collection service by contracting with a person, County or other City
or a combination thereof for the entire City or portions thereof as
deemed to be in the best interests of the City.
B.
The
City shall license the collection of all commercial solid waste in
the City. As more specifically stated hereinafter, any charge for
such licensed collection shall be determined by the properly licensed
collector, without approval or control of the fee charged.
C.
All solid waste from premises to which collection services are provided
within the City shall be collected, except bulky rubbish as defined
herein. Bulky rubbish will be collected in accordance with the rules
and regulations as stated hereinafter.
D.
Solid waste containers as required by this Article for the storage
of residential solid waste shall be placed at the curb or other designated
location for collection. Any solid waste containers or other solid
waste permitted by this Article to be placed for collection shall
not be so placed earlier than twenty-four (24) hours prior to the
day of the regularly scheduled collection and shall be removed within
twenty-four (24) hours after the day of the regularly scheduled collection.
E.
Bulky rubbish shall be collected annually or at any time the Director
shall establish. The Director shall establish the procedure for collecting
bulky rubbish consistent with the provisions stated hereinafter.
F.
Solid waste collectors licensed by the City are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Article. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon request
of the owner. Commercial containers shall be properly screened from
residential areas.
G.
All commercial and residential solid waste shall be collected at
such intervals as is necessary for the preservation of the health
or safety of the public.
H.
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 City to use public property for such purpose. The storage
site shall be well drained and fully accessible to collection equipment,
public health personnel and fire inspection personnel.
I.
Solid waste collectors, operating under license with the City, shall
be responsible for the collection of solid waste from the designated
pickup location to the transportation vehicle, provided the solid
waste was stored in compliance with the provisions set forth in this
Article. 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.
[R.O. 1997 § 240.040; Ord. No.
2736 § 4, 6-7-2005]
A.
All transportation 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 transportation 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 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.
B.
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities under
this Article; however, all such material shall be conveyed in tight
vehicles, trucks or receptacles so constructed and maintained that
none of the material being transported shall spill upon the public
rights-of-way. Nothing herein shall be taken to reduce, eliminate
or modify other ordinances of the City or laws of this State that
relate to the removal, hauling or disposal of earth and rock material
from grading or excavation activities.
C.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050. A permit shall not be required for the hauling of demolition and construction waste; however, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way. Nothing herein shall be taken to reduce, eliminate or modify other ordinances of the City or laws of this State that relate to the removal, hauling or disposal of demolition and construction waste.
[R.O. 1997 § 240.050; Ord. No.
2736 § 5, 6-7-2005]
A.
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.245, RSMo., or the equivalent Statute of the State in which the processing facility or disposal area is located and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 230.060 of this Article, but only if the safety, health and welfare of the citizens of the City mandate such designation. In making such decision, the City may consider the location, availability and economic impact of the disposal facility.
B.
Hazardous wastes are not addressed under these provisions and will
require special handling and shall be disposed of only in a manner
authorized by State regulations.
[R.O. 1997 § 240.060; Ord. No.
2736 § 6, 6-7-2005; Ord. No. 2946 § 1, 3-4-2014]
A.
No persons shall engage in collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
first obtaining a license therefor from the City; provided, however,
that this provision shall not be deemed to apply to employees of the
holder of any such license.
B.
The City Council shall have the authority to limit the number of
licenses issued under this Section in order to preserve the health,
comfort, safety and welfare of the residents, to promote energy conservation
and to provide for collection and disposal consistent with good solid
waste management practices.
C.
If, at any time during the twelve-month license period, the license materially modifies business operations or the licensee's collection vehicles do not meet the requirements of Section 230.040 of this Article, the City Council may revoke such license. No licenses authorized by this Article shall be transferable from person to person.
D.
In order to ensure compliance with the laws of this State, this Article
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City. No
inspection shall be made in any residential unit unless authorized
by the occupant or by due process of law. In all instances where such
inspections reveal violation of this Article, 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
Director shall issue notice for each such violation stating therein
the violation or violations found, the time and date and the correct
measure to be taken, together with the time in which such corrections
shall be made.
E.
In all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend or revoke the licenses
involved in the violation; however, in those cases where an extension
of time will permit correction and there is no pubic health hazard
created by the delay, one (1) extension of time, not to exceed the
original time period, may be given.
F.
In the event a license is revoked and the person continues to operate,
the Director may request the action of a court of law to enjoin the
acts and to enforce compliance with this Article or any rule or regulation
promulgated thereunder. In any such action, the court may grant to
the City such prohibitory or mandatory injunctive relief as the facts
may warrant.
G.
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the Director may, within ten (10) days
of the act for which redress is sought, appeal directly to the Circuit
Court of Dunklin County, Missouri, in writing, setting forth in a
concise statement the act being appealed and the grounds for its reversal.
Essentially, such writing and action shall be in accordance with Section
536.063 et seq., RSMo., and as may be amended from time to time.
[R.O. 1997 § 240.070; Ord. No.
2736 § 7, 6-7-2005]
A.
To the extent not specifically provided for in this Article, the
Director shall make, amend, revoke and enforce reasonable rules and
regulations governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage deposited in solid
waste containers;
2.
Specifications for solid waste containers, including the type,
composition, equipment, size and shape thereof;
3.
Identification of solid waste containers and of the covers thereof
and of equipment thereto appertaining, if any;
4.
Weight limitations on the combined weight of solid waste containers
and the contents thereof and weight and size limitations on bundles
of solid waste too large for solid waste containers;
5.
Storage of solid waste in solid waste containers;
6.
Sanitation, maintenance and replacement of solid waste containers;
7.
Collection, transportation, processing and disposal of solid
waste;
8.
Processing facilities;
9.
Disposal facilities;
10.
Records of quantity and type of waste received at processing
and/or disposal facilities;
11.
Handling of special wastes such as sludges, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
[R.O. 1997 § 240.080; Ord. No.
2736 § 8, 6-7-2005]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than
his/her own without written consent of the owner of such container;
2.
Fail to have solid waste collected as provided in this Article;
3.
Interfere in any manner with solid waste collection and transportation
equipment or with solid waste collectors in the lawful performance
of their duties as such, whether such equipment or collectors shall
be those of the City or those of a solid waste collection agency operating
under license from the City;
4.
Burn solid waste, unless an approved incinerator is provided
or unless a variance has been obtained from the appropriate air pollution
control agency;
5.
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Department of Natural Resources;
6.
Engage in collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without a license
from the City or operate under an expired license or operate after
a license has been suspended or revoked;
[R.O. 1997 § 240.090; Ord. No.
2736 § 9, 6-7-2005]
A.
The City shall cause the expiration of all licenses to collect, transport
and dispose of solid waste to occur on the same day of each year.
B.
The licensed collectors shall determine the cost of the services
the licensed collector renders.
C.
The consumer will determine the frequency and fashion of collection
as long as such choice is not contrary to the provisions of this Section
and so long as the frequency of collection is not less than one (1)
time per week.
D.
Nothing to the contrary herein withstanding, the City may at any
time determine that the frequency and fashion of solid waste collection
is inadequate and detrimental to the public health, safety or welfare.
In that event, the City shall determine and direct the appropriate
fashion and frequency for the consumers' disposal of solid waste.
E.
It shall be unlawful for any person to fail to pay for the collection,
transportation and disposal of solid waste by a licensed provider
of such services.
F.
It shall be unlawful for any person to fail to contract for the collection,
transportation and disposal of solid waste with a licensed provider
for services except as provided by Statute.
[R.O. 1997 § 240.095; Ord. No.
2845 §§ 1 — 6, 11-3-2009]
A.
The following user fees shall be imposed on all commercial users
of the Kennett Compost Facility:
|
Tipping Fee, Per Load, to Wit:
| |
|---|---|
|
Pickup truck (no sideboards)
|
$15.00
|
|
Pickup truck with sideboards or pickup truck trailer
|
$20.00
|
|
1 ton truck (single axle)
|
$35.00
|
|
16-foot trailer
|
$35.00
|
|
Any gooseneck trailer
|
$50.00
|
|
Large single-axle truck (bob truck)
|
$50.00
|
|
Large double-axle truck (bob truck)
|
$60.00
|
|
Any trailer pulled by a large single- or double-axle truck
|
$50.00
|
B.
In addition to above charges, a charge of twenty dollars ($20.00)
per month will be charged for all users in any month record keeping
for billing purposes and billing services are provided by the City.
C.
Payment for all services set forth herein shall be due on or before
the 10th day of the month following when the charges were incurred.
Failure to pay the charge when due will result in an additional late
fee of thirty-five dollars ($35.00) for the first late fee and fifty
dollars ($50.00) for each additional late fee incurred.
D.
All commercial users of the Kennett Compost Facility shall hold a
current City of Kennett merchants license.
E.
All materials delivered to the Kennett Compost Facility for disposal
shall originate within the City limits of the City of Kennett.
F.
All increases in fees or any new fees provided by this Section are
user fees and the amounts of any increase or the amount of any new
fee is calculated to offset the cost to the City of providing these
services to the users thereof.
[R.O. 1997 § 240.100; Ord. No.
2736 § 10, 6-7-2005]
Any person violating Section 230.080(A)(4) of this Article shall be given a written warning for the first two (2) violations thereof. All subsequent violations of said Section and violation of any of the other provisions of this Article or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
[R.O. 1997 § 240.110; Ord. No.
2736 § 11, 6-7-2005]
On June 1 of each year, each garbage, trash and refuse collector shall pay to the City Collector an occupation tax for the right of privilege of collecting and hauling the garbage, trash and refuse from and within the City of Kennett in the amounts provided for the City Code of Ordinances under Chapter 605 entitled "Merchants, Manufacturers and Business Licenses."
