[Code 1968, § 8-603]
It is the intent of the City Council that this article be liberally
construed for the purpose of providing a sanitary and satisfactory
method of preparation, collection and disposal of solid waste and
recyclable materials, as well as the maintenance of public and private
property in a clean, orderly and sanitary condition, for the health,
safety and welfare of the City, and to provide for a reasonable system
of user fees to defray the cost incurred by the City in collecting
and administering waste removal. The City Council recognizes that
in order to conserve our natural resources, as well as to control
the ever increasing cost of solid waste disposal, that the separation,
collection and/or sale of recyclable materials, yard waste and household
hazardous waste will reduce the amount of solid waste to be disposed
of, reduce the cost of land filling solid waste, extend the life of
the existing and future landfills and protect and conserve our limited
natural resources. All citizens are encouraged to voluntarily recycle
and to make use of the facilities therefor provided by the City and/or
contracted services. Upon approval of the City Council, the City Manager
and his agents are authorized to make such rules and regulations as
appear to be necessary from time to time to carry out the intent of
this article; provided, however, that such rules are not in direct
conflict with this Code or the laws of the state.
[Code 1968, § 8-604]
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:
All products made of aluminum, including aluminum cans, foil,
wrappers, containers for prepared dinners or other foods, screen frames
and lawn chairs, excluding redeemable aluminum cans.
Small trees and shrubs.
A structure used, in whole or in part, for human habitation,
manufacturing, sales or another purpose.
Rubbish, such as cardboard containers, wooden crates and
similar rubbish, which cannot readily be placed in an approved container
or bag.
A facility which the City has identified from time to time
as an approved location for the collection and transfer of all or
some of the following: solid waste, yard waste, household hazardous
waste and recycling.
A tag sold by the City or its designees which may be attached
to an acceptable solid waste container for the purpose of solid waste
collection. Solid waste tags shall be of a distinctive color or material,
and printed with a City seal or other appropriate words which indicate
the acceptable containers contain solid waste.
A bag which has been specifically identified by the City
and/or waste hauler as a suitable container for the purpose of yard
waste collection.
Property classified by the City's zoning ordinance, Chapter 40 of this Code, and/or the state as a nonindustrial business. Residential income property which has more than three units is considered a commercial establishment for the purpose of this article.
The miscellaneous waste material resulting from the operation
of mercantile enterprises, including garbage and rubbish and excluding
all hazardous waste.
Solid waste pickup from all commercial, business, institutional,
condominium development and multiunit residential establishments which
consist of three or more dwelling units.
Waste from buildings, streets or other construction, alteration
or repair, including dirt from excavations.
Refuse which is incidental to the demolition of buildings,
other structures or appurtenances on a premise.
A permitted collector who has been issued a contract from
the City to collect and dispose of solid waste, yard waste, recycling
and household hazardous waste.
The waste materials resulting from the usual routine of housekeeping,
including garbage and rubbish and excluding all hazardous waste.
The same as Residential unit.
All animal, fish, fowl, fruit or vegetable waste incidental
to the use, preparation and storage of food for human consumption.
This term does not include food processing wastes from canneries,
slaughterhouses and packinghouses, or hazardous waste.
Any material that has been identified by state or federal
regulation to be unsuitable for disposal in a type II sanitary landfill
or its state certified equivalent. (See Household hazardous waste
for a clear definition of those items included in this category).
Those items and/or materials that have been designated by
state and federal authorities as typical household usage by-products,
and which can be disposed of through the City's household hazardous
waste collection system.
All waste materials resulting from industrial or manufacturing
operations or processes of every nature, including organic wastes
from canneries, slaughterhouses, packinghouses and other industrial
food processing operations. This term includes refuse material resulting
from cleaning up in connection with such industrial or manufacturing
operations, and refuse material resulting from offices, stores, lunchrooms,
warehouses or other operations established in conjunction with such
industrial or manufacturing operations, as well as garbage and rubbish,
and excludes hazardous waste.
A period during the fall of each year as scheduled by the
City Manager during which a leaf collection service is provided in
specified areas of the City.
The foliage from plants, shrubs and trees.
A permit issued by the City to a collection agent, which
allows the collection agent the privilege to provide a specific type
of solid waste, yard waste, household hazardous waste and/or recyclable
material collection service.
Any material that has been identified by state or federal
regulation to be medical, biohazardous or pathological waste and is
subject to special handling and disposal regulations.
Residential establishments consisting of three or more dwelling
units.
Rubbish and garbage consisting of certain discarded products
incidental to housekeeping and mercantile enterprises that are not
recyclable. Such waste shall be classified as either domestic, commercial
or industrial solid waste as further defined in this section, and
excludes hazardous waste.
A collection agent who has received a material collection
permit from the City.
The owner, proprietor, occupant or agent in charge of any
premise, whether an individual, partnership or corporation.
A parcel of land, including any buildings, structures or
appurtenances within the City, which includes the adjoining street,
right-of-way or legal easement, separated from adjacent parcels of
land by legal description.
Materials specifically designated in accordance with the
provisions of this article to be separated from solid waste for the
express purpose of preparation for and delivery to a secondary market
or other use.
The same as Solid waste.
The same as Domestic solid waste.
Weekly solid waste pickup from residential buildings with
no more than two dwelling units.
A building, or portion thereof, designed for occupancy exclusively
by one family for residential purposes and having cooking facilities
and separate sanitary facilities.
The miscellaneous waste materials resulting from housekeeping
and ordinary mercantile enterprises, including material such as packing
boxes, cartons, excelsior, paper, ashes, cinders, glass, metal, plastic
and rubber, and excluding hazardous waste.
Garbage and rubbish. This term does not include human body
waste, liquid waste, materials that have been separated either at
the source or a processing site for the purpose of reuse, recycling
or composting, or any material that has been identified by state or
federal regulation to be unsuitable for disposal in a type II sanitary
landfill or its state designated equivalent.
Furniture, washing machines, clothes dryers, refrigerators
and other household appliances, brush, large tree limbs and other
bulky refuse items, excluding construction and demolition debris,
that are unsuitable for regular solid waste collection services.
A tag sold by the City and/or its designee which shall be
attached to special refuse for the purpose of collection, except not
on large item days. Special refuse tags shall be of a distinctive
color or material and printed with the City seal or other appropriate
words which indicate the use of the tag.
As defined in part 115 of Public Act No. 451 of 1994 (MCL
324.11501 et seq.), or a state equivalent designation.
Grass clippings, leaves, weeds, hedge clippings, garden waste
and twigs.
Collection service provided by a contracted permitted collector
or the City as determined by the City Council and/or City Manager.
[Code 1968, § 8-605]
A person shall dispose of his solid waste and segregate items
as provided in this article, or as specified by subsequent resolution
of the City Council, from all other solid waste produced and shall
separately bundle or contain such items for proper disposal, collection
and/or recycling, in accordance with the provisions set forth in this
article.
[Code 1968, § 8-606]
(a)
No owner and/or manager of a residential dwelling unit, commercial
establishment or industrial facility shall permit the accumulation
of refuse, rubbish or garbage upon his premises for a period that
would pose a health hazard, subject adjacent property occupants to
unreasonably offensive odors or become a public nuisance. The accumulation
of refuse, rubbish or garbage for a period in excess of seven days
shall be prima facie evidence of posing a health hazard and creating
a public nuisance.
(b)
Leaves, yard waste and vegetable waste may be stored for composting
purposes in a manner which will not harbor rodents, subject adjacent
property owners to an unreasonably offensive odor or become a public
nuisance.
(c)
In the case of an alley or lawn extension, which consists of the
area between the sidewalk and the street, where refuse, rubbish, garbage
or yard waste are or have been deposited, it shall be the duty of
each owner or occupant of such lot or premises to remove from the
half of such alley adjoining the lot or premises, or the entire lawn
extension adjoining such lot, all such substances.
[Code 1968, § 8-607]
It shall be unlawful for any person to throw or deposit any
refuse upon or into any street, right-of-way, alley, portable or nonportable
container or upon any other property or premises, public or private,
without the permission of the owner, proprietor, occupant or agent
in charge of such premises.
[Code 1968, § 8-608]
(a)
All persons within the City who place the following items for disposal,
removal or collection shall do so in strict conformity with the following
regulations:
(1)
Solid waste. Solid waste shall be separated and contained in
an approved bag, or in another acceptable solid waste container which
is clearly marked with a City solid waste tag.
(2)
Yard waste. Yard waste shall be separated and contained in an
approved compostable bag or container, and clearly marked as yard
waste, provided that during the leaf collection season, leaves may
also be placed at the curb for the City leaf collection services.
(3)
Special refuse. All special refuse shall be separated and must
be removed using an approved method. Approved methods of removal shall
be limited to:
(4)
Bulk rubbish. All bulk rubbish, such as cardboard containers,
wooden crates and similar rubbish, shall be separated, flattened and
tied in bundles or packed in suitable containers of a size that may
be readily handled by one collector, and in no case shall such bundle
or container be larger than that which is approved by the City or
a permitted contractor.
(5)
Brush. All brush shall be separated and may be taken to the
City brush pile or placed at the curb in bundles not to exceed three
feet in length, nor 50 pounds in weight.
(6)
Industrial solid waste. All industrial solid waste shall be
collected by permitted collectors privately contracted for by the
industrial user, and shall otherwise comply with the provisions of
this article.
(7)
Construction and demolition debris. All construction and demolition
debris shall be separated and collected by permitted contractors privately
contracted for by the person who produced the waste, and shall otherwise
comply with the provisions of this article.
(8)
Hazardous waste. All hazardous waste, except household hazardous
waste, shall be separated and collected by permitted collectors privately
contracted for by the person who produced the waste, and shall otherwise
comply with the provisions of this article.
(9)
Household hazardous waste. All waste classified as household
hazardous waste by local, state and federal regulations shall be separated
and disposed of through the collection system of the City.
(10)
Medical waste. All medical waste shall be separated and disposed
of in accordance with all applicable state and federal regulations,
and shall be collected by permitted contractors privately contracted
for by the person who produced the waste, and shall otherwise comply
with the provisions of this article.
(b)
Items not placed in an approved bag/container and tagged with a prepaid
City tag will not be picked up, unless otherwise provided in this
article. The collection of municipal solid waste or recyclables is
conditioned upon the observance of all provisions of this article.
Collection is subject to weather and other conditions beyond the City's
control.
[Code 1968, § 8-609]
(a)
The specifications for City bags and/or tags and their use shall
be promulgated by the City Manager.
(b)
The prices for City bags and tags shall be determined by resolution
of the City Council.
(c)
The City or its authorized representatives may sell City solid waste
or yard waste bags and/or tags to individuals and/or participating
sales establishments. Participating sales establishments shall sell
such bags and/or tags for not more than the price specified by the
City Council.
(d)
The gross weight of the City solid waste or yard waste bags, when
filled with waste, shall not exceed 50 pounds.
[Code 1968, § 8-610]
(a)
Provision. The owner, manager or occupant of a building, house or structure where refuse accumulates shall provide and maintain proper refuse receptacles as defined in Subsections (d) and (e) of this section, and shall place, or cause to be placed, in such receptacles all refuse accumulating on the premises, provided that bulk rubbish may be stored in a condition properly prepared for collection as specified in this article.
(b)
Residential and small commercial. The person in charge of every single-family
or two-family building or small commercial establishment where refuse
accumulates shall provide and keep clean and in place proper receptacles
to house their bagged waste.
(c)
Commercial, industrial and multiple residential. The person in charge of a building consisting of three or more dwelling units, and every building used for a commercial or industrial business, shall provide and keep clean and in place proper receptacles of a portable type as defined in Subsection (d) of this section, provided that where the City Manager determines that portable receptacles are not practical for multiple dwellings, commercial or industrial businesses, he may authorize the use of nonportable receptacles of a type that can be mechanically hoisted by a refuse collection vehicle, and with specifications established and approved by the City and as defined in Subsection (e) of this section.
(d)
Portable receptacles. Portable receptacles for municipal refuse shall
be of metal, fiberglass, plastic or other substantial construction
approved by the City Manager. Such receptacles shall have handles
or bails and tight-fitting covers and shall not exceed 33 gallons
each in capacity; provided that receptacles used exclusively for yard
waste need not have covers, and the City Manager may approve the use
of plastic bags of a capacity and quality specified by him for the
storage and disposal of solid and/or yard waste. In no event shall
the gross weight of receptacles, and the waste they contain, exceed
50 pounds.
(e)
Nonportable receptacles. Nonportable receptacles for solid waste
shall be of substantial construction, with a capacity of not more
than eight cubic yards, and shall meet all specifications established
by the City Manager on the basis of the requirements of the solid
waste collection equipment being used by the City or a permitted collector,
and the necessities of health and safety. All garbage shall be properly
wrapped or placed within a closed plastic bag before it is placed
in a nonportable receptacle.
(f)
Nonconforming receptacles. Receptacles that are badly broken or otherwise
fail to meet the requirements of this article may be classified as
rubbish and, after due notice to the owner, may be collected as rubbish
by the collection contractor.
(g)
Location. All nonportable receptacles shall be placed and collected
in the location designated by the City. Such receptacles shall be
located so that the permitted collectors will not have to trespass
on private property in order to pick up such receptacles. In no event
shall nonportable receptacles be placed in or upon public property,
or public right-of-ways, without first obtaining the City's approval
in writing. All portable receptacles shall be stored within the side
or rear yards of the premises, and shall not be set out for collection
prior to 12:00 noon preceding the day of collection, and after the
receptacles are emptied they shall be returned to their place of storage
on the same day collections are made. Points of collection shall be
determined by the City.
[Code 1968, § 8-611]
After their placement at the curb for collection, any leaves,
yard waste or recyclable material required to be separated from the
residents' solid waste in accordance with this article, shall
be the property of the City or its authorized agent. No person shall
take, collect or transport any leaves, yard waste or recyclable material
from any street, right-of-way, alley or dumpster of the City without
authorization by the City.
[Code 1968, § 8-612]
Notwithstanding any provision of this article, any person may
donate or sell recyclables to any another person, whether that person
operates for profit or not for profit. Under no circumstances, however,
may the transferred recyclables be picked up from the curbside, whether
or not such recyclables are placed at the curbside on or immediately
preceding the regular curbside collection.
[Code 1968, § 8-613]
(a)
It shall be unlawful for any person to engage in the business or
practice of collecting or disposing of solid waste, leaves, yard waste
or recyclable materials without first obtaining a material collection
permit in the manner outlined in this section.
(b)
No material collection permit shall be issued, except upon application
to the City Clerk. At a minimum, the application must include the
following information:
(1)
A description of the methods and equipment which the applicant
proposes to use for collecting solid waste, leaves, yard waste, household
hazardous waste and/or recyclable material in the City;
(2)
A description of the type of collection to be provided, and
the part of the City which such collection will affect;
(4)
Proof of liability insurance as required by City policy;
(5)
A plan for meeting all collection and disposal requirements
set forth in other relevant City, county, state and federal regulations,
as appropriate;
(6)
The name and address of the sites to be used to dispose of each
material collected;
(7)
Proof of access to and use of an adequate and approvable materials
recovery facility, composting facility or permitted disposal area;
(8)
Such other facts as the City Manager may from time to time require
for the purposes of determining whether the applicant complies with
all laws, rules or regulations established by the City, county, state
or federal government in regards to waste handling and/or disposal.
(c)
The City Clerk shall submit all permit applications to the City Manager
who may approve such applications as deemed to be in the best interests
of the City and its inhabitants.
(d)
The City Council may establish by resolution a permit fee to be paid
by the applicant upon receipt of the material collection permit.
(e)
Whenever an application made under this section has been approved
by the City Manager, the City Clerk shall, upon payment of any established
fee by the applicant, issue a material collection permit.
(f)
Unless revoked under circumstances provided in this article, every
material collection permit shall expire on the next succeeding January
1 following its issuance.
(g)
The City may restrict the number of material collection permits issued
and the scope of service of such permits based on the:
(h)
A material collection permit may be used only for the scope of services
expressly stated in the permit.
(j)
No permitted collector shall dispose of solid waste, leaves, yard
waste, household hazardous waste and/or recyclable materials at sites
other than those specified in the terms of the collector's material
collection permit.
(k)
Permitted collectors shall provide a bond in the amount as adopted
by resolution of the City Council from time to time for damage to
public or private property while collecting, transporting or disposing
of the solid waste or recyclable material.
(l)
Each unit of transportation and each permitted collector-provided
receptacle may be inspected in accordance with a procedure established
by the City Manager to determine that the permitted contractor has
in operation only units and receptacles which are proper, hygienic
and not contributory to litter.
[Code 1968, § 8-614]
(a)
The transportation of all garbage, offal, rubbish or other waste
materials through the streets, alleys or thoroughfares of the City
shall be conducted in a manner which does not create a nuisance. It
shall be unlawful for any person to transport, cart, carry or convey
through or over any of the streets, alleys or public places of the
City any garbage, unwashed refuse or unwashed food containers without
the written consent of the City Manager. Whenever such permission
is granted, the vehicle used for such purposes shall be watertight
and provided with suitable covering. It shall be unlawful for any
person to transport or otherwise convey through or over any of the
streets or public places of the City any rubbish or other waste material,
except under written regulations or with the written consent of the
City Manager, except rubbish or waste material accumulating on property
owned or controlled by him, and then only by approved methods of conveyance.
(b)
Vehicles conveying waste must be of such construction and operated
in such a manner that the contents shall not spill upon the public
streets or alleys, into the air, or otherwise create a nuisance.
[Code 1968, § 8-615]
(a)
The City Manager is authorized and empowered to notify in writing
the owner, proprietor, occupant, agent and/or tenant of any premises
to remove solid waste, yard waste, special waste, household hazardous
waste and/or recyclable material accumulated on such premises and
not disposed of in compliance with this article, unless such items
are on the abutting public property or public right-of-way, in which
case no notice is required. Such notice shall be made by hand delivery
or certified mail, addressed to the owner and/or tenant at the last
known address.
(b)
If solid waste is not removed from the premises within six days after the date of the mailing of such notice, or if the waste or recyclable material is on abutting public property or a public right-of-way, the owner, proprietor, occupant, agent and/or tenant of the premises shall be subject to penalties as set forth in § 1-7. The City Manager is authorized and empowered to contract and pay for the removal of the waste or recyclable material, or to order such removal by the City.
(c)
When the City has effected the removal of such waste or recyclable
material, or has paid for its removal, the actual cost of such removal,
plus a 10% penalty of a minimum of $10, plus accrued interest at the
rate of 1% per month from the date of removal, shall be charged to
the owner of the premises and forwarded by the City to the owner,
and the charge shall be due and payable upon receipt.
(d)
Where the cost of removal is not paid by the property owner within 60 days after the removal of such waste or recyclable as set forth in Subsections (b) and (c) this section, the City Manager shall cause to be recorded in the treasurer's office a statement of the date and premises on which such removal was done. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month if such amount is not paid in full on or before the delinquent date of the tax bill upon which the charge appears. The sworn statements recorded in accordance with the provisions of this subsection shall be notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the premises described in the statement that such charge is due.
[Code 1968, § 8-616]
(a)
It shall be unlawful for any person to place any material in a container
or receptacle which might endanger the collection personnel, or to
deposit or deliver to a disposal site any hazardous material, waste
or recyclable material which would be detrimental to the normal operation
of collection, incineration, recycling or disposal, such as gaseous,
solid or liquid poison, dead animals, ammunition, explosives, inflammable
liquid, undrained garbage of a liquid or semiliquid nature, whether
in containers or not, concrete, dirt, automobile or equipment parts,
or any material that possesses heat sufficient to ignite any other
collected materials. No motor vehicle shall be dumped or abandoned
at any disposal site.
(b)
It shall be unlawful for any person to place leaves, yard waste,
household hazardous waste or recyclable specifically required to be
separated from solid waste by this article or City Council resolution,
in a refuse container for the purpose of refuse collection, removal
or disposal, nor otherwise dispose of such item, except in conformance
with the provisions of this article.
(c)
The City solid waste disposal and resource recovery program is designed
to accommodate the needs of residents of the City. Nonresidents are
strictly prohibited from disposing of solid waste through the program.
All violators will be prosecuted to the fullest extent allowed by
law and/or provisions of this article.
[Code 1968, § 8-617]
(a)
The City Manager, with the approval of the City Council, is authorized
to permit the use of private property within the City as a private
collection and transfer site subject to such reasonable terms and
regulations as deemed necessary for the protection of the public,
which rules and regulations shall at all times be subject to revision,
cancellation, alteration or amendment by the City Council; provided,
however, that any such permit shall be revocable at any time without
cause and without previous notice by the City Manager or the City
Council.
(b)
It shall be unlawful for any person to dump or deposit any waste
or recyclable material in the City, except in a collection and transfer
site duly designated as such by the City Manager and/or City Council.
[Code 1968, § 8-618]
Enforcement of this article shall be the responsibility of the
City Manager and/or designee. The City Manager is authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days and times for the collection of waste or recyclable material
with a permitted collector. The City Council may, by majority vote,
change, modify, repeal or amend any portion of this article. City
officials charged with the enforcement of this article may be authorized
to issue tickets for violations relative to any part of this article.
[Code 1968, § 8-620]
The City Manager shall promulgate rules and regulations to carry
out the provisions of this article.
