[HISTORY: Adopted by the City Commission of the City of Fennville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 42 of the 1992 Code of Ordinances]
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:
COLLECTOR
The collector of garbage and refuse duly licensed by the City as such.
GARBAGE
The discarded or rejected solid wastes from the processing, preparation, cooking and dispensing of any and all foodstuffs, and from the handling, storing and sale of such produce.
GARBAGE RECEPTACLE
The metal or plastic can or container or plastic bag, into which is placed, for removal from the premises, all garbage.
REFUSE
Paper cartons, wooden boxes, barrels, tin cans, crockery, glass or glassware, and other household debris resulting from the handling, storing, processing, preparation, cooking and dispensing and all foodstuffs. It shall also include the foregoing from stores, restaurants, hotels, and other commercial establishments engaged in the sale of foodstuffs or the preparation, processing, cooking or serving of same. Discarded newspapers shall also be construed as refuse.
A. 
It shall be unlawful for any person to keep in, on, or about any dwelling or other building or premises in the City any garbage unless the garbage shall be kept in a garbage receptacle. A sufficient number of garbage receptacles shall be provided at all times.
B. 
Garbage receptacles shall be adequate in size and number to hold at least one week's accumulation of garbage. Such receptacle shall have a capacity of not less than 10 gallons, and not more than 20 gallons. It shall be of substantial metal or plastic construction, provided with handles or bales, or both, and with a tight, flyproof metal cover. It shall not, when filled, exceed 150 pounds in weight.
C. 
The garbage receptacle shall be kept on the premises, in the rear thereof and within 25 feet of the rear of dwellings in residential districts.
It shall be unlawful for any person to carry, cart, convey or transport along or through any streets, alleys, courts, or other public ways, or places in the City, any garbage unless such garbage shall be carried, carted, conveyed or transported in some type of watertight and covered conveyance approved by an official designated by the City Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every householder, restaurant operator, hotel operator where food is prepared or served, store owner or operator where foodstuffs are handled, and sold, and each and every person engaged in the storage, processing, preparation, cooking and vending of foodstuffs, shall subscribe to garbage and refuse collection by a licensed collector.
The City Commission may, from time to time, designate locations within the corporation limits as refuse disposal sites or dumps, and these sites shall be the only locations within the City where refuse may be disposed of by the collector. The City Commission may, from time to time, make reasonable rules and regulations pertaining to the use of such dump sites and the manner in which refuse shall be disposed therein.
Every person desiring to avail themself of the services of the collector shall arrange for collections directly with the collector or the collector's representative, and not through the City authorities. Payments to the collector for this service shall also be made directly to the collector and in accordance with the approved schedule of rates or charges. Complaints regarding collection service or rates may be made either directly to the collector, the collector's representative, or the Clerk.
The City Commission shall have the authority to approve or reject, from time to time, the schedule of rates or charges to be made for collection service by the licensee, and to review the time of collections schedule used by the collector. The collector shall, at all times and at all seasons of the year, maintain a schedule of collections adequate from the standpoint of convenience to the subscribing and the safeguarding of public health. The City Commission shall decide as to the adequacy of the service rendered.
It shall be unlawful for any person to throw, bury, or burn any garbage or refuse in any alley, street, court or public place, or in any vacant lot in the City; nor shall any person deposit or place any garbage upon private premises within the City except as provided for in § 332-2 of this article.
Any person, partnership, company or corporation violating any of the provisions of this article, or of the rules and regulations promulgated by the City Commission for the control of the dump or disposal site, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine as prescribed in § 1-26, General penalties and sanctions for violations of Code and City ordinances; continuing violations; injunctive relief.[1]
[1]
Editor's Note: Original Secs. 42-46 through 42-52, regarding a garbage collector license, of the 1992 Code of Ordinances, which previously followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).