For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
BULKY RUBBISH
Nonputrescible solid wastes consisting of combustible and/or
noncombustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors, with the equipment
available therefor.
CITY
The City of Desloge, Missouri.
CITY-ISSUED TRASH CART
A cart purchased and owned by the City of Desloge for the
express purpose of solid waste collection which cart shall be loaned
to a person and which cart shall be specifically designed for automated
loading and dumping of solid waste.
COLLECTION
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
COMMERCIAL SOLID WASTE
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment, and multiple-housing
facilities with more than two (2) dwelling units.
DIRECTOR
The director of the solid waste management program of the
City shall be the Public Works Director/City Administrator, or designee.
DWELLING UNIT
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.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Includes, but is not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
OCCUPANT
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.
PERSON
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 or assigns.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
RESIDENTIAL SOLID WASTE
Solid waste resulting from the maintenance and operation
of dwelling units, excluding multiple-housing facilities with more
than three (3) dwelling units.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semisolid
state, including, but not limited to, garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material.
In particular, the final disposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation,
processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
It is unlawful for any person to throw, place or deposit any
garbage or trash upon any property of another, either public or private,
within the City limits.
No person shall meddle with, take or scatter the contents of
any disposable or permanent garbage, refuse or recyclable materials
container. No person shall take or remove garbage, refuse or recyclable
materials which are intended for collection by the City or private
garbage, refuse or recyclable materials hauler without the express
authority of the City. Nothing in this Section shall limit the ability
of a person in the business of garbage, refuse or recyclable materials
collection from fulfilling collection contracts.
The City may require at its discretion that performance and
payment bonds be provided by independent commercial or residential
solid waste collectors and processing or disposal facilities.
Any person violating any of the provisions of this Chapter,
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.
If any section, sentence, clause, phrase, or portion of this
Chapter shall, or any reason, be held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.