State Law References
Air conservation — RSMo. Ch. 203.
Division of health — RSMo. Ch. 192.
Hazardous waste management — RSMo. 260.350 et
seq.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3884, § 1, 1-25-2005; Ord. No. 3963, § 1, 1-24-2006]
For the purpose of this chapter, the following terms shall be
deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
Household waste materials which will not fit in containers
as defined in this chapter, but which are capable of being carried
to the curbside by two persons.
Removal and transportation of any waste from its place of
storage to its place of processing or disposal.
A portable container designed, constructed, and used for
the temporary storage of building materials, goods, merchandise and
supplies used by a permitted commercial or manufacturing operation.
Typically, a commercial storage container is rented for a short time
period and is removed by truck upon the expiration of the rental period.
A commercial storage container is not a dumpster or receptacle used
for the disposal of solid waste. It is also not a portable storage
container. See "portable storage container."
[Added 7-24-2018 by Ord.
No. 4888]
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment, and multiple
housing facilities with more than one dwelling unit.
Any receptacle for storage, transportation and/or disposal
of any waste materials as set forth herein, including household service
carts and dumpsters. Containers shall be of such material, design,
strength, size, capacity and weight as established by the Director
of Public Works.
The privately operated firm contracted with by the City to
provide the collection of waste materials as set forth in this chapter.
Collection and disposal of recyclable materials.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Containers exceeding a capacity of 100 gallons used primarily
for storage, transportation and/or disposal of demolition and construction
waste.
The director of the solid waste program of the City shall
mean the Director of Public Works or his designee.
Residential disposal service for persons with disabilities.
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 wastes resulting from the
handling, preparation, cooking, servicing or consumption of food.
Includes but is not limited to pathological wastes, explosive
wastes, pesticides, pesticide containers and toxic or radioactive
materials.
Receptacles for solid waste intended primarily for household
use, equipped with handles and wheels of a capacity not exceeding
100 gallons, capable of being wheeled by one person and dumped into
trash collection trucks by one person with the use of special equipment
installed upon said trucks. An "approved household service cart" shall
meet the above description and, in addition thereto, be approved by
the Public Works Director and the contractor and be compatible with
the equipment installed upon the authorized collector's trash collection
trucks.
Those items other than normal household trash including,
but not limited to: appliances, furniture, and any other items which
cannot be safely and conveniently loaded into a solid waste transportation
vehicle. Specifically excluded are concrete and bricks, whole trees,
and construction materials.
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 the 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 its legal representative,
agent or assigns.
A portable container designed, constructed, and used for
temporary storage of property or building materials in residential
districts. Typically, a portable on-demand storage container is rented
for a short time period and is removed by truck upon the expiration
of the rental period. A portable on-demand storage container is not
a dumpster or receptacle used for the disposal of solid waste.
[Added 7-24-2018 by Ord.
No. 4888]
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Those materials that are accepted as a renewable resource
and are able to be collected for such purpose. A complete listing
of recyclables is kept by the Director of Public Works.
A durable container provided by the contractor suitable for
curbside recycling pickup, or at the option of a resident, a container
approved by the Director of Public Works.
Solid waste resulting from domestic activities and the maintenance
and operation of dwelling units, excluding multiple housing facilities
with more than one dwelling unit.
All semi-solid and solid waste derived from and during the
procurement, storage, processing, cooking, and consumption of food
materials of animal, vegetable or synthetic origin, which are intended
for and are used by residents, for the refreshment or sustenance of
human beings or animals. Solid waste shall not include dead animals,
animal parts, household hazardous waste such as wet paint, pesticides,
strong clean air agents, tires, auto batteries, and combustibles of
all kinds. Solid waste shall not include ashes stored in ash pits,
parts of trees, bushes, and soil, mortar, plaster, concrete, bricks,
stone, gravel, sand and all waste or leftover materials resulting
from grading, excavation, construction, alteration, repair or wrecking
of buildings, structures, walls, roofs, roads, streets, walks or other
facilities and such items of rubbish whose weight, size, dimension,
and shape require more than one man for removal.
The process of discarding or getting rid of unwanted waste
materials. In particular the final deposition of solid waste by man.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Temporary portable restrooms are those restroom facilities
that are impermanent.
[Added 7-24-2018 by Ord.
No. 4888]
Automobile and vehicle tires and batteries.
Household metal goods such as appliances and water heaters,
stoves and dishwashers.
Grass clippings, leaves, vines, hedges and shrub trimmings,
tree trimmings, and tree limbs. Yard waste does not include dirt or
rocks.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
Any person violating any of the provisions of this chapter,
or any lawful rules or regulations promulgated pursuant hereto, shall
be guilty of an offense.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
(a)
The occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste with the corporate limits of the City, shall provide sufficient
and adequate containers for the storage of all solid waste, except
bulky waste 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 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 the area surrounding
the containers in a clean, neat and sanitary condition at all times.
(c)
All containers shall be leak proof, 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.
Except while permitted to be located at the curb, all containers shall
be located only behind the front of a building on the parcel.
(d)
Commercial solid waste shall be stored in solid waste dumpsters as
approved by the Director of Public Works.
(e)
Yard wastes, with the exception of "limbs" as referenced in subsection
(g) below, shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises or upon adjacent public rights-of-way.
(f)
Tree limbs less than four inches in diameter and brush shall be securely
tied in bundles not larger than 60 inches long and 18 inches in diameter
when not placed in containers.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3843, § 1, 6-8-2004; Ord. No. 3963, § 1, 1-24-2006; Ord. No. 4647, § 1, 4-12-2016]
The City will provide for the collection of solid waste, in
accordance with the regulations, terms and conditions as established
by the City, approved by the Board of Aldermen and implemented by
the Director of Public Works. The following regulations, terms and
conditions apply to collection of solid waste in the City:
(a)
Residential solid waste, bulky waste and recyclables. The City will
provide for the collection of all residential solid waste, bulky waste
and recyclables in the City, and provide the collection service by
contracting with a privately operated firm. There shall be one solid
waste collector for all waste areas. Solid waste service is mandatory
for all residential properties. Payment of any fees associated with
this service as provided under the City's solid waste collection contract
shall be the sole responsibility of the property owner. Residential
solid waste, bulky waste and recyclables shall be collected at least
once a week, on the same day at the front curb line. Collection of
the City's residential solid waste, bulky waste and recyclables shall
be accomplished in four days each week, excluding Sunday. There shall
be no limit to the amount of residential solid waste or recyclables
set out for collection on a weekly basis. Bulky waste shall be collected
on an "on call" basis and will be subject to an additional charge.
Materials collected for recycling at the curb shall include those
materials as established by the Director of Public Works for inclusion
in the collection service contract. All spillage of waste at any stage
of the collection and transportation operation shall be immediately
and completely removed by the contractor.
(b)
Yard waste. Collection of unlimited yard waste will be made at the
front curb line on the day as agreed to between the City and contractor,
which may or may not be the same day as residential solid waste, bulky
waste and recyclables. The frequency of yard waste collection shall
be established by the Director of Public Works for inclusion in the
collection service contract. All yard waste, with the exception of
bundled brush and tree limbs, is to be collected in approved containers.
Brush and tree limbs are to be tied into bundles no longer than four
feet in length and having a diameter no greater than 18 inches. Limbs
and bundles must be of a weight to be carried easily and safely by
one man.
(c)
Special pickup. This collection and disposal, on request, includes
large household items, bulky waste and white goods as indicated in
the definitions. Automobile tires and lead acid batteries are not
to be picked up as a part of the solid waste services provided under
the contracted services.
(d)
Disabled pickup. Residential disposal service will be provided for
persons with disabilities in a manner as directed by the Public Works
Director.
(e)
Senior citizen/disabled residents program. Residents 60 years of
age or older, or disabled, with a taxable income not exceeding 80%
of area median income as it appears on the most recent IRS Form 1040
or 1040A or 1040EZ are eligible for a discount for residential waste
collection service. Persons participating in the program shall receive
residential waste pickup at a reduced rate as described in the current
residential solid waste hauling contract. They shall also be entitled
to receive yard waste and recycling collections.
(f)
Limitations. All solid waste collected shall, upon being loaded into
collection equipment, become the property of the collecting agency.
(g)
Location of containers, bundles. Tree limbs and yard waste, as described in Subsection 23-3(e) and (f) respectively, shall be placed at the curb for collection. Containers as required by this chapter for the storage of other solid waste shall be placed at the curb for collection. Any containers, tree limbs, yard waste or other solid waste permitted by this chapter to be placed at the curb for collection shall not be left at the curb any time other than from 4:30 p.m. the evening before the scheduled pickup to 8:00 p.m. the evening of the scheduled pickup.
(h)
Entry upon private property. Collection vehicles shall not enter
upon private property, except private streets, nor shall driveway
aprons or sidewalks be used to facilitate a turn around. Facilities
damaged by the collector shall be replaced promptly with like facilities
by the contractor at his sole expense. 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 the written
request of the owner and approval by the Director.
(i)
Schedule for pickups. No collection shall occur on New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day. Collection shall occur on the first Wednesday following the holiday
should the holiday fall on a Monday or Tuesday or on the first Saturday
following the holiday should the holiday fall on a Thursday or Friday.
No collections shall be made on Sundays. All collections shall occur
between the hours of 7:00 a.m. and 6:00 p.m. Variations from the published
collection schedule shall receive prior approval by the Director of
Public Works. Upon receiving prior City approval, the contractor shall
be responsible for direct mailing to each residential unit notifying
them of any changes in collection days due to a holiday at least one
week prior to the affected collection day. The collectors and truck
operators shall exercise care to keep noise at a minimum, particularly
during early morning hours. No waste shall be transported in the loading
hoppers of trucks. The contractor shall establish regular routes and
a schedule of collection days for each collection point. Said schedules
and routing and any changes thereto shall be approved by the Director
of Public Works. It will be the contractor's responsibility to provide
notification to all affected residences of any approved changes to
currently scheduled pickup days.
(j)
Commercial container access. Residential solid waste containers shall
be stored upon the residential premises. Commercial solid waste containers
shall be stored upon private property, unless the owners shall have
been granted written permission from the City to use public property
for such purposes. The storage site shall be well drained and fully
accessible to collection equipment, public health personnel and fire
inspection personnel.
(k)
Non-approved containers. Containers that are not approved will be
collected together with their contents and disposed of.
(l)
Collection vehicles. All collection vehicles shall be maintained
in a safe, clean and sanitary condition and shall be constructed,
maintained and operated as to prevent spillage of solid waste therefrom.
All compactor type vehicles to be used for collection 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 all sides of
the cover to the vehicle 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. No solid
waste shall be transported in the loading hoppers. All collection
vehicles shall carry evidence of a current State of Missouri safety
inspection. The gross axle weight of the solid waste disposal vehicles
shall not exceed 15 tons. The gross vehicle weight of the vehicles
shall not exceed 30 tons for single axle trucks and 45 tons for tandem
axle trucks. No loaded or unloaded trucks will be allowed to be parked
in the City overnight.
(m)
Material from excavations. Permits shall not be required for the
removal, hauling, or disposal of earth and rock material from grading
or excavation activities. 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.
(n)
Demolition and construction wastes. Demolition and construction wastes
shall be transported and disposed of upon approval of the Director.
The Director shall establish the procedure for the transporting and
disposing of demolition and construction wastes.
[Ord. No. 3963, § 1, 1-24-2006]
(a)
Solid wastes shall be disposed of at a processing facility or disposal
area approved by and complying with all requirements of the Missouri
Department of Natural Resources, the Illinois Environmental Protection
Agency, or other regulating agency with jurisdiction over disposal
of solid waste.
(b)
The Director may classify certain wastes as hazardous wastes which
will require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, state and
federal regulations.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
(a)
Performance bond. The contractor shall post and maintain during the
term of any contract, at his own expense, a surety bond equal in amount
to 1/4 of the current year contract price. The performance bond shall
remain in effect for the term of the contract and shall be delivered
upon contract execution. A new performance bond shall be delivered
to the City at least 30 days prior to the expiration date of an existing
bond. The form of bond and the bonding company shall be subject to
approval of the City Attorney. Said bond shall indemnify the City
against the contractor's failure or inability to comply with the terms
of the contract and the manner and method of said performance.
(b)
Worker's compensation insurance. The contractor shall obtain and
maintain in force during the term of the contract, at his own expense,
worker's compensation insurance in amounts as prescribed by the Statutes
of Missouri.
(c)
Liability insurance. The contractor shall obtain and maintain in
force during the term of the contract, at his own expense, for all
vehicles, equipment and personnel used in the work covered by the
contract, whether used and employed by the contractor, general liability
and property damage insurance in sums not less than $5,000,000 per
accident or occurrence. Said insurance shall specifically name the
City of Crestwood as an additional insured party under said policies,
and said insurance shall be carried by a firm or corporation which
has been duly licensed or permitted to write insurance in the State
of Missouri. A verified copy of such insurance policy or policies,
which shall be approved by the City Attorney, shall be filed in the
office of the City Clerk with the certificate of the insurer that
the policy is in full force and effect and that said policy will not
be altered, amended or terminated without 30 days' prior written notice
having been given to the City of Crestwood - Director of Public Works.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
The Director may make, amend, revoke and enforce reasonable
and necessary rules and regulations with the approval of the City
Administrator, governing the storage, collection and disposal of solid
waste hereunder, including, but not limited to:
(a)
Preparation, drainage and wrapping of garbage deposited in containers;
(b)
Specifications for containers, including the type, composition, equipment,
size and shape thereof;
(c)
Identification of containers and of the covers thereof, and of equipment
thereto appertaining, if any;
(d)
Weight limitations on the combined weight of containers and the contents
thereof, and weight and size limitations on bundles waste of too large
for containers;
(e)
Storage of waste in containers;
(f)
Sanitation, maintenance and replacement of containers;
(g)
Schedules of and routes for collection of waste;
(h)
Collection points of waste containers;
(i)
Collection and disposal of waste;
(j)
Processing facilities and fees for the use thereof;
(k)
Disposal facilities and fees for the use thereof;
(l)
Records of quantity and type of wastes received at processing and/or
disposal facilities;
(m)
Handling of special wastes and recyclables such as toxic wastes,
sludges, ashes, agriculture, construction, bulky items, tires, automobiles,
oils greases, etc.
|
A copy of any and all rules and regulations made and promulgated
under the provisions hereof shall be filed in the office of the City
Clerk.
|
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
(a)
BUSINESS, COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
DUMPSTERS
REFUSE AND WASTE
For the purposes of this section the following definitions are hereby
adopted:
In addition to the usual and ordinary meaning, shall include
the owners and managers of office buildings, medical centers and other
buildings where the refuse and waste of all or some occupants of the
buildings is collected for deposit in a refuse and waste receptacle.
Heavy gauge metal containers for the deposit of refuse and
waste, so designed that they may be lifted by power-operated forks
for emptying into a vehicle hauling refuse and waste from the premises.
All matter which is discarded and placed in waste receptacles
by business, commercial and industrial establishments as herein defined,
for removal from the premises.
(b)
All business, commercial and industrial establishments, as herein
defined, shall use dumpsters for the deposit of refuse and waste,
and they shall be of sufficient size and number to receive all the
refuse and waste from the premises they serve.
(c)
No other type of receptacle shall be used by business, commercial
and industrial establishments for the deposit of refuse and waste
without the approval of the Director of Public Works.
(d)
The Director of Public Works shall give notice to all business, commercial
and industrial establishments in the City not now using dumpsters
to obtain and use them within 30 days after such notice.
(e)
The Director of Public Works shall adopt regulations governing maintenance
and inspection of dumpsters to the end that the scattering and spilling
of refuse and waste shall be eliminated as herein provided.
(f)
All persons owning, using or servicing dumpsters in the City shall
comply with all regulations of the Director of Public Works adopted
pursuant hereto.
(g)
All spillage from dumpsters shall be immediately gathered and put
into the hauling trucks or back into the dumpsters.
(h)
All dumpsters shall be kept in good condition and repair, with all
door and lids closed except when opened for depositing refuse and
waste or when being emptied.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
It shall be unlawful for any person to:
(a)
Deposit solid waste as defined herein in any container other than
his own, without the written consent of the owner of such container
and/or with the intent of avoiding payment of the service charge provided
in this chapter for collection and disposal;
(b)
Interfere in any manner with solid waste collection 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 contractor operating under contract with the City;
(c)
Burn solid waste unless an approved incinerator is provided or unless
a permit has been obtained from the appropriate air pollution control
agency;
(d)
Dispose of solid waste at any facility or location which is not approved
by MDNR, IEPA or other agency having jurisdiction over disposal of
solid waste;
(e)
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
a contract from the City;
(f)
Dispose of any solid waste hereunder, in any manner other than by
depositing it in approved containers for pickup by the collector or
by placing approved materials in a compost pile on the property owned
and occupied by the person disposing of same;
(g)
Dispose of solid waste generated off-site or at another property.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
(a)
The contractor is responsible for the billing and collection of fees
for services rendered to each household to which it provides services
in the City. All billing will be at the beginning of the quarter for
services to be provided for that quarter. Billing shall be on a quarterly
basis. The contractor shall provide a list of all units being billed,
as requested by the City. The quarterly bill sent to residents shall
only show a total cost for waste disposal and shall not be itemized
for each particular service (i.e., trash, curbside recycling, yard
waste, etc.).
(b)
The service charge and fee for collection of solid waste shall be
obtained under the guidelines established in the City's purchasing
policy and approved by the Board of Aldermen, and assessed accordingly.
(c)
The system of services established by the provisions of this chapter
is designed as an integral part of the City's program of health and
sanitation, to be operated as an adjunct to the City's system for
providing potable water and the City's system of providing sewage
disposal. The City may, at its option, enforce collection of such
charges by bringing proper legal action against the owner of any premises
which have received such services, to recover any sums due for such
services including but not limited to costs, fees, interest, court
costs, attorney's fees and expenses.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
All residents or citizen complaints shall be directed to and
received by the contractor and each shall be resolved as soon as practicable
under the circumstances. The contractor shall periodically (but not
less than monthly) supply the Director of Public Works copies of all
complaints received from residents/citizens who reside within the
City on a form approved by the City and indicate the disposition by
the contractor for each complaint. The form shall indicate the day
and the hour on which the complaint was received and the day and the
hour on which it was resolved.
The collection supervisor shall contact the Director of Public
Works, or a designated representative, each day, or more frequently
as directed, of collection to obtain reports received directly by
the City of misses or improper collections and to report resident
violations of the collection regulations.
The contractor shall submit monthly reports to the City which
state the number of households served, the number of households participating
in the City's curbside recycling program (based on accurate counts
by the contractor), the total volume of refuse and yard waste collected,
and certified monthly records of total net tons of mixed recyclables
collected within the City by the fifth working day of the following
month.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
In the event that the contractor shall fail or refuse to perform his duties and obligations under the contract, or shall become insolvent or shall become the subject of a proceeding in bankruptcy (including any proceeding under Chapter 11 of the Bankruptcy Act), or shall become the subject of any proceeding for the appointment of a receiver, or in the event of an assignment of assets by the contractor for the benefit of its creditors, or the taking of the contractor's trucks, equipment vehicles or other facilities used in connection with the performance of the work hereunder or any execution against the contractor, in such events, the City may, at its option, declare the contractor to be in breach of its contract. The remedies available to the City hereunder shall include, but not be limited to, collection on the performance bond posted by the contractor, as well as any other rights or remedies at law or as set forth in the contract.
[Ord. No. 3686, § 1, 9-25-2001; Ord. No. 3963, § 1, 1-24-2006]
(a)
The term "composting" means a controlled biological reduction of
organic wastes to humus.
(b)
Any person maintaining a compost pile shale comply with the following
regulations:
(1)
All compost piles shall be maintained using approved composting
procedures to comply with the following requirements:
a.
All compost piles shall be enclosed in a free-standing compost
bin. Each compost bin shall be no larger in volume than 125 cubic
feet for properties 10,000 square feet and less in size, with an additional
125 cubic feet permitted for each additional 10,000 square feet of
area. Compost bins shall be no taller than four feet. Compost bins
shall consist of new materials and shall be constructed and maintained
in a good and workmanlike manner.
b.
All compost piles shall be maintained so as to prevent the attraction
or harborage of rodents and pests. The presence of rodents in or near
a compost pile shall be cause for the City to issue a complaint for
violation of this provision.
c.
All compost piles shall be maintained so as to prevent unpleasant,
rotten-egg like, putrefactive, sweet, sour or pungent odors.
d.
Unless written permission has been granted by the then current
adjoining property owner, no compost pile shall be located less than
three feet from the rear or side property line, or within 20 feet
of any home, patio, pool or similar structure on the adjacent property.
All compost piles shall be at least three feet behind the front building
setback line.
e.
No compost pile shall be located where it will impede the natural
free flow of storm water drainage.
(2)
(Reserved)
(d)
Compost piles are for private use only. There shall be no commercial
provision of material to be composted or commercial use of the product
of such composting.
[Ord. No. 3884, § 2, 1-25-2005; Ord. No. 3963, § 1, 1-24-2006; Ord. No. 4634, § 2, 3-8-2016; amended 7-24-2018 by Ord. No. 4888]
(a)
Demolition and construction waste containers are permitted only upon
the issuance of a permit from the Director of Public Services. Should
a demolition and construction waste container be required for a period
exceeding seven days, the application for such permit shall be accompanied
by a filing fee in an amount established by the Board of Aldermen.
Permits will be granted for a period not to exceed 30 days, or the
amount of time that would reasonably be expected to complete the work
requiring the demolition and construction waste container, as determined
by the Director of Public Services. The Director of Public Services
reserves the right to specify the location of a demolition and construction
waste container as part of the permit.
(b)
Demolition and construction waste containers must be located on an
asphalt or concrete surface and may not be located in a public street
or right-of-way. This requirement may be waived by the Director of
Public Services.
(c)
Off-site waste may not be transported to any demolition and construction
waste container located within the City.
(d)
The demolition and construction waste containers shall be leakproof,
odor-free, and maintained in a manner satisfactory to the Director
of Public Services.
(e)
Demolition and construction waste containers shall be emptied as
necessary, or within 72 hours of notification from the City, and the
waste shall be deposited at an appropriate facility.
(f)
No person shall store in or place demolition or construction waste
in a container which is full. A demolition and construction waste
container is full if no more waste can be added to it without making
it unsafe or illegal to transport, if additional waste could be dispersed
from the container by wind or gravity, or if deemed full by the Director
of Public Services.
(g)
A demolition and construction waste container shall not be stored
in a floodplain.
(h)
Any person or entity violating any provision of this section is guilty
of a public offense, and upon conviction thereof shall be fined in
a sum not less than $50 nor more than $500. Every day that this section
is violated shall constitute a separate offense. The violation of
any provision of this section is hereby deemed to be grounds for revocation
of the permit issued hereunder.
(i)
Portable storage containers and commercial storage containers are
permitted only upon the issuance of a permit from the Director of
Public Services for a period not to exceed seven days. Should a portable
storage container or commercial storage container be required for
a period exceeding seven days, the application for such permit shall
be accompanied by a filing fee in an amount established by the Board
of Aldermen. Permits will be granted for a period not to exceed 30
days, or the amount of time that would reasonably be expected to complete
the work requiring the storage container, as determined by the Director
of Public Services. The Director of Public Services reserves the right
to specify the location of a portable and commercial storage container
as part of the permit. Commercial storage containers shall not be
located upon a residential property.
[Amended 5-26-2020 by Ord. No. 5057]
(j)
Portable storage containers and commercial storage containers must
be located on an asphalt or concrete surface and may not be located
in a public street or right-of-way. Portable storage containers and
commercial storage containers for new construction shall be located
on an asphalt or concrete surface or compacted crushed rock and may
not be located in a public street right-of-way.
[Amended 5-26-2020 by Ord. No. 5057]
(k)
Temporary portable restrooms are permitted only upon the issuance
of a permit from the Director of Public Services for a period not
to exceed seven days. Should a temporary portable restroom be required
for a period exceeding seven days, the application for such permit
shall be accompanied by a filing fee in an amount established by the
Board of Aldermen. Permits will be granted for a period not to exceed
30 days, or the amount of time that would reasonably be expected to
complete the work requiring the temporary portable restroom, as determined
by the Director of Public Services. The Director of Public Services
reserves the right to specify the location of a temporary portable
restroom as part of the permit. Those in residential zones shall be
located on an asphalt or concrete surface and may not be located in
a public street or right-of-way; those for new construction shall
be located on an asphalt or concrete surface or compacted crushed
rock and may not be located in a public street right-of-way. For those
in nonresidential zones, the Director of Public Services reserves
the right to specify the location of the temporary portable restrooms
as part of the permit. Any temporary portable restrooms allowed in
a residential zoning district shall expire within six months after
the date placed. The time allowed may be extended prior to its expiration
upon written application to the Director of Public Services, who may
extend the time allowed for no more than six months, upon good cause
shown. No time extension shall be extended more than two times.
[Amended 5-26-2020 by Ord. No. 5057]
