As used in this chapter, the following definitions shall apply:
GARBAGE
Wastes resulting from the handling, preparation, cooking
and consumption of food; wastes from the handling, storage, and sale
of produce.
RUBBISH
Combustible trash, including, but not limited to paper, cartons,
boxes, barrels, wood, excelsior, wood furniture, bedding; noncombustible
trash, including, but not limited to, metals, tin cans, metal furniture,
dirt, small quantities of rock and pieces of concrete, glass, crockery,
other mineral waste; street rubbish, including, but not limited to
street sweepings, dirt, catch basin dirt, and contents of litter receptacles;
provided, however, that refuse shall not include earth and wastes
from building operations, nor shall it include solid wastes resulting
from industrial processes and manufacturing operations such as food
processing wastes, boiler house cinders, lumber, scraps and shavings.
TRASH
Any worn-out or discarded material of any kind, including
but not limited to inoperable appliances, scrap metal, furniture,
clothing, paper, landscape refuse, rubber, vehicle parts, bottles,
plastic, fiberglass, wire, garbage, inoperable motor vehicles, boats,
trailers, mobile homes or campers, bed springs, mattresses, lumber,
building materials, concrete, rocks, fill, topsoil, automobile parts,
plumbing fixtures, leaves, branches, grass, and tree stumps and limbs,
that are not used or usable for the original intended purpose and
which are not in the process of being repaired or stored in a duly
licensed junkyard.
[Added at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
YARD WASTE
Material such as tree branches, yard trimmings, leaves and
grass.
No person shall engage in business as residential or commercial
collector of garbage, trash and rubbish unless such person shall have
been granted the trash collection franchise for the Village and be
contracted with the Village to provide garbage, trash and rubbish
collection in such capacity.
Upon application for a license, the person applying for same
shall furnish the Village Clerk, along with the application, proof
of insurance for liability and property damage, and at that time,
they shall file with the Clerk a rate schedule for services to be
performed for a residential application. The rate schedule shall set
forth the type of service to be offered and the price for same, including
the size and number of cans per pickup for the charge, the charge
for any extra cans, the charge for the bags, the size of the bags,
and the charge for bundles and size of the bundles; also a rate schedule
shall include an unlimited service charge; the schedule shall set
forth whether this is once-a-week or twice-a-week pickup. The rate
schedule shall also set forth the day or days of each week that the
collector shall schedule his pickup within the Village. The rate schedule
as filed shall be valid for one year and the licensee shall not be
permitted to increase the price on the schedule for a period of one
year from the date of filing of the rate schedule. The rate schedule
shall be effective upon approval by the Village Board.
The firm that handles the collection of trash shall be of good
character and give evidence that the equipment used by him is adequate
for the purposes intended. The successful firm shall have a truck
or trucks which shall be so designed that garbage and rubbish that
is collected will be covered at all times except in the loading of
garbage or rubbish, so that offensive odors are not permitted to permeate
the air and cause a nuisance within the Village. The trucks and all
containers in which garbage is collected and transported shall be
cleaned daily and the collector shall not collect any garbage on any
day without having a clean truck and hand containers if containers
are used.
No truck carrying garbage or rubbish, or both, shall be parked or be permitted to stand anywhere in the Village except as provided for in §
16-1-10, any longer than is necessary to pick up containers; however, providing that the standing of such vehicle was made necessary by mechanical trouble, traffic conditions, accident or obedience to the direction of policemen or traffic signals shall not be considered a violation of this chapter.
A garbage truck or other equipment shall not be washed on Village
streets or public property and will not be washed where the wastewaters
will cause any offensive odors to adjoining property owners.
It shall be unlawful to place garbage or rubbish in such a manner
as to allow the same to be blown by the wind onto the property of
other residents.
Garbage and rubbish shall be placed and stored in plastic or
metal containers with a secure lid in place suitable to secure the
same from animal and insect infestation and the unwanted dissemination
of offensive odors.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The use or occupancy of any premises shall be prima facie evidence
that waste is being produced and accumulated on such premises. No
person, firm or corporation shall permit any waste to accumulate on
his, her or its premises except in covered waste containers, except
as otherwise hereinafter provided. Every person, firm or corporation
in possession of any premises in the Village of Brownstown shall be
required to have all accumulations of trash and waste disposed of
regularly. The fact that trash, garbage or rubbish remains on an occupant's
premises in the Village in violation of this chapter shall be prima
facie evidence that the occupant of such premises is responsible for
the violations of the chapter occurring.
A licensee shall designate the location of the yards on which
his equipment will be parked while not in use and the equipment shall
not be parked within the Village limits unless the designated location
shall not, in the opinion of the Code Enforcement Officer, create
any nuisance for adjoining property owners. The licensee shall have
as additional equipment a truck for the disposal of large or unusual
items of rubbish which cannot be placed in the designated containers
and shall have available for such pickups such equipment at least
one day each week or on such additional days as may be necessary to
satisfy the needs of the public.
Nothing in this chapter shall be deemed to prevent or regulate
the hauling of rubbish or refuse from industrial processes, from construction
projects or other matter not normally collected on a regular schedule
and haulers of rubbish not normally collected in regular collections
shall be excused from the requirements of obtaining a collector's
license as provided in this chapter.
If the licensee fails to perform any services according to his
application and rate schedule, the Mayor may revoke his permit.