For the purpose of this Article, the following words and phrases shall have the following interpretation and/or meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
BULKY RUBBISH
Non-decaying solid wastes consisting of combustible and/or non-combustible 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.
COLLECTION
The removal and transportation of solid waste and/or recyclables from its place of storage to its place of processing or disposal.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DWELLING UNITS
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
Animal or vegetable wastes capable of decaying resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the Missouri Division of Environmental Quality by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or the environment.
MULTIPLE HOUSING FACILITY
A structure containing more than one (1) dwelling unit.
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 an owner or as a tenant.
PROCESSING
Consists of incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
RECEPTACLE
A containers originally manufactured for residential solid waste and recyclables. Galvanized metal containers, rubber or fiberglass containers, and plastic containers which do not become brittle in cold weather are included in this definition.
RECYCLABLES
A substance or object that can be processed and used again.
RESIDENTIAL CONTAINER
A container used for placing residential solid waste and recyclables at the curb or alley. This may include a receptacle, as defined elsewhere in this section, or bags that are designed for storage of solid waste and recyclables which are well secured so as not to allow trash to be spread by the elements or by animals.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432 RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
SOLID WASTE AND RECYCLABLES DISPOSAL
The process of discarding or disposing of unwanted material.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collecting, transportation, processing and disposal of solid waste.
STORAGE
The keeping, maintaining or storing of solid waste or recyclables from the time of its production until the time of its collection.
YARD WASTES
Leaves, grass clippings, yard and garden vegetation and Christmas trees collected for disposal. The term does not include stumps, roots or shrubs with intact root balls.
The occupant of every institutional, commercial or business, industrial or agricultural establishment producing solid waste and recyclables within the corporate limits of the City shall provide sufficient and adequate containers for the storage of all solid waste and recyclables except bulky rubbish and demolition and construction waste to serve each such establishment; and to maintain such solid waste and recycling containers at all times in good repair.
The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste and recyclables to be collected in proper solid waste and recyclables containers, except as otherwise provided, and shall maintain such solid waste and recyclables containers and the area surrounding them in a clean, neat and sanitary condition at all times.
Commercial solid waste and recyclables shall be stored in solid waste and recyclables containers as approved by regulations issued by the City. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste or recyclables, or removing the contents; and shall meet all requirements of City regulations.
A. 
The City may provide for the collection of solid waste and recyclables as follows:
1. 
The City may provide for the collection of all residential solid waste and recyclables in the City, provided however that the City may provide the collection service by contracting with a person, County, or other City or a combination, for the entire City or portions, as deemed to be in the best interests of the City.
2. 
The City may, at its discretion, provide commercial solid waste and recyclables collection services upon specific application of the owners or persons in charge. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste and recyclables produced upon any such premises.
Tree limbs and yard waste, as described in Section 235.070 shall be placed at the curb or alley for collection. Solid Waste and recyclables containers as required by this Section 235.060 of this Chapter, for storage of other residential solid waste and recyclables materials shall be placed at the curb or alley for collection. Any solid waste and recyclables containers, tree limbs, yard wastes or other solid waste and recyclables permitted by this Chapter to be placed at the curb for collection shall not be placed until after 5:00 P.M. the day before the regularly scheduled collection day. Solid Waste and recyclables containers shall be removed from the curb or alley by 8:00 A.M. the day after the day of scheduled collection.
Solid waste and recyclables collectors, which may be employed by the City or a solid waste and recyclables collection agency operating under contract with the City, are authorized to enter upon private property for the purpose of collecting solid waste and recyclables as required by this Chapter. Solid waste and recyclables collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste and recyclables without a valid court order or permission from the property owner.
All residential solid waste and recyclables shall be collected at least once weekly. Commercial solid waste and recyclables shall be collected at appropriate intervals to avoid the creation of a public nuisance as defined by City Code Section 545.445.
Residential solid waste and recyclables containers shall be stored upon the residential premises. Commercial solid waste and recyclables containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. Any commercial solid waste and recyclables storage site shall be well-drained; fully accessible to collection equipment, City Code Enforcement, public health personnel and fire inspection personnel.
All collection vehicles shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste and recyclables.
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 vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
The City may, by regulation, classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to City regulation, and which meet all State and Federal regulations.
A. 
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste or recyclables within the corporate limits of the City, without first obtaining an occupational license from the City Clerk as provided in Chapter 605 of the City Code.
No such license shall be issued until the applicant, in addition to all other requirements set forth, shall submit with their application evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct of the business.
A. 
The permittee shall procure, maintain, and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the City of Raymore by the permittee, its agents, representatives, employees or subcontractors.
B. 
The City of Raymore shall be named as an additional insured under such insurance contracts (except for Worker's Compensation coverage). All coverage for the City shall be written on a primary basis, without contribution from the City's coverage.
C. 
A Certificate of Insurance will be required before the issuance of a permit. All policies shall be issued on an occurrence form in amounts established by the City, but not less than limits established for sovereign immunity.
D. 
Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in the policy, which shall also place upon the company writing such policy the duty to give such notice.
A. 
Each applicant for an occupational license shall state in their application:
1. 
The nature of the license desired, as to collect, transport, process, or dispose of solid waste and recyclables or any combination;
2. 
The characteristics of solid waste and recyclables to be collected, transported, processed and/or disposed;
3. 
The number of solid waste and recyclables vehicles to be operated;
4. 
The precise location or locations of solid waste and recyclables processing or disposal facilities to be used;
5. 
The boundaries of the collection area; and
6. 
Such other information as may be required by City regulation.
If the application shows that the applicant will collect, transport, process or dispose of solid waste and recyclables without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Chapter and other Ordinances, the City Clerk shall issue the license authorized by this Chapter. The license shall be issued for the calendar year for which the license application is submitted and each applicant shall pay a fee in an amount approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the Finance Department for each solid waste and recyclables processing or disposal facility to be operated and for each collection vehicle to be used. If in the opinion of the City Manager modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the City Manager shall notify the applicant setting forth the modification to be made and the time in which it shall be done.
The fees for the occupational license required under this Chapter shall be approved by the Governing Body and listed in the schedule of fees and charges maintained in the Finance Department.
All licenses issued under the provisions of this Chapter shall expire on the 31st day of December following the issuance. For a partial year license, the fee shall be prorated for the first time, at a rate of five percent (5%) of the license fee per month after June first and each month thereafter. No license fee shall be refundable upon sale, transfer or dissolution of the business for which the license was issued.
A. 
If the applicant does not make the modifications pursuant to the notice given by the City Manager as described in Section 235.230 of this Chapter within the time limit specified, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes and recyclables will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Manager, stating the reasons for such denial.
B. 
Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of their first application, provided that all respects of the reapplication comply with the provisions of this Chapter.
The annual license may be renewed upon submitting a renewal application and payment of the fee or fees in an amount approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the Finance Department, if the business has not been modified. If modifications have been made, the applicant shall reapply for a license.
In order to ensure compliance with the laws of this State, this Chapter, and the rules and regulations authorized, the City Manager is authorized to direct the inspection of all phases of solid waste and recyclables management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law, in all instances where such inspections reveal violations of this Chapter, the rules and regulations authorized for the storage, collection, transportation, processing or disposal of solid waste and recyclables, or the laws of the State of Missouri, notice of each violation shall be issued stating the violation or violations found, the time and date and the corrective measure(s) to be taken, together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the City Manager shall suspend or revoke the license involved in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
A. 
The City Council may make, amend, revoke, and enforce reasonable and necessary rules and regulations governing but not limited to:
1. 
Preparation, draining and wrapping of garbage and recyclables materials deposited in solid waste and recyclables containers.
2. 
Specifications for solid waste and recyclables containers, including the type, composition, equipment, size and shape.
3. 
Identification of solid waste and recyclables containers and of the covers, and of equipment appertaining, if any.
4. 
Weight limitations on the combined weight of solid waste and recyclables containers and the contents, and weight and size limitations on bundles of solid waste and recyclables too large for solid waste and recyclables containers.
5. 
Storage of solid waste and recyclables in solid waste and recyclables containers.
6. 
Sanitation, maintenance and replacement of solid waste and recyclables containers.
7. 
Schedules and routes for collection of solid waste and recyclables.
8. 
Collection points of solid waste and recyclables containers.
9. 
Collection and disposal of solid waste and recyclables.
10. 
Processing facilities and fees.
11. 
Disposal facilities and fees.
12. 
Records of quantity and type of wastes and recyclables received at processing and/or disposal facilities.
13. 
Handling of special wastes such as toxic wastes, sludges, ashes, agricultural, construction, bulky wastes, tires, automobiles, oils, greases, etc.
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste or recyclables in any solid waste or recyclables container other than their own, without the written consent of the owner of such container and/or with the intent to avoid payment of the service charge provided for solid waste and recyclables collection and disposal;
2. 
Interfere in any manner with solid waste and recyclables collection equipment or with solid waste and recyclables 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 solid waste and recyclables collection agency operating under contract with the City;
3. 
Burn solid waste or recyclables unless an approved incinerator is provided or unless a variance has been obtained from the Missouri Department of Natural Resources;
4. 
Dispose of solid waste or recyclables at any facility or location which is not approved by the City and the Missouri Department of Natural Resources;
5. 
Engage in the business of collecting, transporting, processing or disposing of solid waste and recyclables within the corporate limits of the City without an occupational license from the City, or operate under an expired license, or operate after a license has been suspended or revoked.
A service charge may be imposed for the collection and disposal of solid waste and recyclables for each dwelling unit and each commercial establishment to which such service may be provided under the provisions of this Chapter.
A. 
The City Council shall by Resolution from time to time establish and impose fees for the City's solid waste and recyclables collection services to reimburse the City for the costs incurred through the contract with a solid waste and/or recyclables provider. A schedule of such fees and charges approved by the Governing Body shall be maintained and on file in the Finance Department.
B. 
The Director of Finance shall be responsible for billing and collecting said fees and shall bill the same on a monthly basis in such method and manner as the Director of Finance deems most effective.
C. 
Delinquent Fees — Penalty. If fees remain unpaid thirty (30) days after the beginning of the service period for which the bill is rendered, then such bill shall be delinquent and subject to a penalty of ten percent (10%). For each month the bill remains unpaid, and up to the date of certification of any special tax bill pursuant to Section 235.320(E) of this Section, an additional penalty of five percent (5%) shall be applied to the accumulating balance of the delinquent bill.
D. 
Delinquent Fees — Collection Policies — Hearing And Appeal. The Director of Finance is authorized to establish collection policies for delinquent fees, penalties, and interest, including, but not limited to, payment plans and, if approved by the City Manager, the waiver of penalties and interest and amnesty.
E. 
Delinquent Fees — Special Tax Bill Issued To Person Failing To Pay Their Bill.
1. 
The Director of Finance may certify a special tax bill against the property served if outstanding fees remain delinquent for at least ninety (90) days following the date that service is halted.
2. 
The Director of Finance shall prepare and certify the special tax bill against the property. The special tax bill shall identify the City as lien holder, the legal description of the property assessed, the date of delinquency, and the amount of the assessment, including any accrued penalty and the cost of recording shall also be included in the assessment. The Director may record the bill with the Cass County Recorder of Deeds and/or the Cass County Collector's Office.
F. 
Collections And Foreclosure Authorized. If fees remain delinquent sixty (60) days following the certification of a special tax bill, the Director of Finance may refer the matter to the City Attorney for collection, including, if deemed necessary by the City Attorney, the initiation of foreclosure proceedings. The delinquent party shall be liable to the City for all reasonable costs and attorney fees incurred.