[HISTORY: Adopted by the President and Village Board of the Village of Brownstown. Amendments noted where applicable.]
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.
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.