[HISTORY: Adopted by the Common Council of the City of Hudson 5-19-1970
by L.L. No. 4-1970 (Ch. 62 of the 1973 Code); amended in its entirety 7-16-1996
by L.L. No. 4-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 67.
Brush, grass and weeds — See Ch. 86.
Demolition of buildings — See Ch. 97.
Fire prevention — See Ch. 143.
Housing standards — See Ch. 176.
Plumbing — See Ch. 221.
Abandoned refrigerators — See Ch. 232.
Sewers — See Ch. 240.
Snow and ice removal — See Ch. 253.
Solid waste — See Ch. 260.
Streets and sidewalks — See Ch. 266.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
A covered, metal or heavy-duty plastic pail or drum having not less
than two handles and not exceeding 18 inches in diameter and 26 inches in
height, or a heavy-duty plastic sack issued by the Department of Public Works
to contain garbage or refuse.
A commercial garbage disposal container under contract with commercial
hauler for removal and cleaning at regular intervals.
All waste vegetable, animal or other matter, liquid or solid, likely
to ferment or decompose and produce noxious odors or become injurious to the
public health.
Trash and litter, whether or not combustible, consisting of, but
not limited to, paper and paper products, wood and wood products, metal and
metal products, plastics and plastics products, glass and glass products,
ashes, dust and dirt, rock, concrete and other mineral waste, sweepings, grass,
leaves and yard trimmings or any and all other discarded objects and materials;
provided, however, that refuse shall not include earth and wastes from building
operations, nor shall it include solid wastes resulting from industrial processes
and manufacturing operations.
A.
No person, firm or corporation shall place, cause or
permit to be placed or discard in any place within the City of Hudson, whether
private or public, any garbage, refuse or filthy liquid, except as provided
by this chapter.
B.
No garbage or refuse shall be placed in any manner within
the City except stored in a securely closed container or securely closed dumpster.
C.
Garbage or refuse stored in a securely closed container
or in a securely closed dumpster may not be stored on any property within
the City for a time period in excess of seven consecutive days.
D.
No garbage or refuse shall be stored within the City
which shall produce a noxious or foul odor.
E.
If evidentiary proof of the name or address of any individual
is found among garbage or refuse illegally placed within the City, such evidence
shall create the presumption that the aforesaid individual perpetrated and
is responsible for the improper disposal or storage of the garbage or refuse.
F.
The owner of any real property within the City upon which
refuse or garbage is stored in violation of this chapter shall be guilty of
the respective violation of this chapter regardless of whether the property
owner improperly stored the refuse or garbage. This provision shall not apply
to refuse or garbage located in apartments, stores or other areas of the property
within the exclusive control of a tenant of the property owner, unless the
property owner is notified of the violation and fails to take corrective measures
within 24 hours of notification.
A.
Garbage and refuse shall be placed in a container for
collection approved by the Department of Public Works.
B.
Recycled items containing no garbage may be placed for
collection as such in designated containers approved by the City Department
of Public Works.
C.
In no event shall the combined weight of a container
and its contents exceed 50 pounds.
D.
Containers shall be kept and maintained by their owners
in suitable condition to permit safe handling by the collector.
A.
No person, firm or corporation shall place or fill or
cause or permit to be placed or filled any container or refuse bundle in such
manner that such container or bundle shall rupture, overflow, spill or scatter
any part of its contents.
B.
Any spillage or scattering of garbage or refuse out of
a container or bundle, caused by any means other than the fault or neglect
of the collector, shall be collected up by the person who set out such container
or bundle and lawfully disposed of by him.
A.
Containers of garbage and refuse and recyclable containers
shall be set out for collection by the occupant of premises contiguous to
any alley along which such collection is made, at the side of such alley.
In all other cases, such containers and bundles shall be set out for collection
at the curbline of the street in front of such premises.
B.
Such containers and bundles shall be set out not earlier
than 7:00 p.m. of the day preceding, nor later than 7:00 a.m. of collection
day. Emptied containers shall be removed from the alley side or curbline,
as the case may be, within a reasonable time following such emptying, and
in no event later than 6:00 p.m. of collection day.
A.
Any person, firm or corporation desiring, on and after
the effective date hereof, to collect, transport or dispose of garbage, refuse
or other waste material shall file with the Department of Public Works an
application for a permit therefor, in such form and detail as the Department
shall prescribe.
B.
The Department of Public Works shall inspect the equipment
intended by the applicant to be employed in such occupation and, if a disposal
site other than the City dumping areas is intended to be used by the applicant
in such City, also inspect such site and examine into the proposed method
of disposition. The Department, if satisfied as to the adequacy and propriety
of such equipment, site and method, shall grant such application.[1]
C.
Upon presentation of such application as granted and payment of the annual fee provided in Subsection D of this section to the Department of Public Works, the Department shall issue a permit which shall expire on the 30th day of April next succeeding the date of its issuance to the applicant.
D.
The fee for any permit issued or reissued under this
chapter shall be established by the Department of Public Works of the City
of Hudson, and the Department of Public Works of the City of Hudson is hereby
authorized and empowered to establish said fees and to prepare a schedule
thereof.
E.
A tag measuring three inches by four inches shall be
furnished with the permit to the permittee, who shall display such tag on
the left vent window of his vehicle at all times which the same is in use
in the transporting or disposing of garbage, refuse or waste within the City
of Hudson.
Cinders, sand, gravel or soil, deposited on real property by or for
the owner or occupant thereof for fill, grading or landscaping purposes, shall
not be deemed to be refuse or waste.
No person, whether or not a permit holder hereunder, shall dispose of
any garbage, refuse or waste collected outside the City of Hudson at any place,
public or private, within such City.
The Department of Public Works shall from time to time inspect the manner
and conduct of garbage, refuse and waste collection, transportation and disposal
by permittees hereunder and of the setting out of containers and refuse bundles
by residents and occupants and make complaint to the Department of Police
or the City Judge of the City of Hudson against any person, firm or corporation
charged by such Department of Public Works to be in violation of any provision
of this chapter relating thereto.
No person shall engage in alley or rag picking, sorting or salvaging
or otherwise scavenging in any container of garbage or refuse or refuse bundle
or otherwise disturbing the contents thereof.
A.
The driver of any vehicle engaged in the collection,
transportation or disposal of garbage, refuse or waste shall fully cover all
such garbage, refuse or waste, while loaded on such vehicle, with a suitable
covering material, and shall not permit any part of such load
to fall from such truck except upon its lawful disposal.
B.
Any collector who shall have caused spillage of the contents
of a container or refuse bundle or from whose vehicle garbage, refuse or waste
shall have fallen shall gather up such spillage or fallen material and place
it properly in such vehicle.
C.
The owner of such vehicle shall, immediately following
the disposition of the last daily load of garbage, refuse or waste, clean
the cargo bed thereof and place the same in sanitary conditions.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable as follows: by imprisonment for
a term not exceeding 15 days, by a fine not exceeding $250, by a sentence
of community service or restitution or by a combination thereof. The continuation
of an offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense hereunder.
The Department of Public Works may revoke any permit granted and issued
hereunder or suspend the same for such period that the Department may deem
proper for any violation by the permittee of any provision of this chapter
or for a material misrepresentation in his application for such permit.
