[HISTORY: Adopted by the City Commission of the City of Royal Oak 4-29-1991 by Ord. No. 91-9. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke, wastewater sludge, or other combustible materials.
- Tree trimmings and shrubbery trimmings not exceeding one inch in diameter.
- CHIPPER BRUSH
- Tree trimmings, cuttings, branches and limbs exceeding one inch in diameter but not more than five inches in diameter with all stumps and roots removed for disposal by the chipper machine.
- A mixture that consists largely of decayed organic matter
that can be used for fertilizer or for conditioning land.[Added 2-2-2004 by Ord. No. 2004-03]
- COMPOST BIN
- A receptacle for a compost pile.[Added 2-2-2004 by Ord. No. 2004-03]
- Converting to compost.[Added 2-2-2004 by Ord. No. 2004-03]
- COMPOST PILE
- An accumulation of compost.[Added 2-2-2004 by Ord. No. 2004-03]
- Rejected food wastes, including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetable.
- HAZARDOUS WASTE
- Waste or a combination of waste and other discarded material, including solid, liquid, semisolid, or contained gaseous material which because of its quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or increase in serious irreversible illness or serious incapacitating, but reversible illness, or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed.
- MIXED WASTES
- Includes animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to rapid decomposition, as well as cardboard, paper, cartons, boxes, crockery, and ordinary wastes from residential and business establishments. Refuse other than yard waste, newspaper, recyclables, and brush shall also include items too large for regular hand pickup such as discarded furniture, appliances, toys, tools, clothing and similar materials.
- Any individual, firm, owner, occupant, tenant, corporation, partnership or person in charge of premises.
- Specific garbage, rubbish or solid waste that is required to be picked up separately for the purpose of recycling. These items include newspapers, glass containers, metal cans, Type 1 and 2 plastics, and household batteries but are not necessarily limited to same.
- SOLID WASTE
- Garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, and solid commercial and solid industrial waste, animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.
- SPECIAL PICKUP
- The collection of household or institutional items, including but not limited to refrigerators, water heaters, stoves, television sets, batteries, mufflers, bicycles, radios, household furniture, plumbing fixtures, automobile parts, rugs, washers, dryers, furnaces or similar items which may not be collected as part of the regular garbage and refuse service, but may be picked up and disposed of by the City upon payment of a specific charge as determined by resolution of the City Commission.
- YARD WASTE
- Materials resulting from landscaping for collection for composting.
Suitable garbage and rubbish receptacles shall be provided and used by the owner, tenant, lessee or occupant of the premises. Such containers shall be of the type described below:
For containment of mixed refuse:
Watertight metal or plastic containers equipped with tight-fitting covers sufficient to keep out water and to prevent disturbance by animals. For one- and two-family residential dwellings, garbage receptacles shall be not less than five-gallon nor more than thirty-two gallon capacity. For multiple-family dwellings, industrial and commercial buildings, such receptacles shall be not less than five-gallon nor more than thirty-two gallon capacity. All such receptacles shall be equipped with suitable handles by which they may be lifted.
Plastic rubbish can liners with a maximum capacity of 30 gallons, which may be used either as liners for containers or independently for garbage and rubbish storage.
For containment of recyclables: a City-approved eighteen-gallon or six-gallon plastic container clearly marked for recyclables only.
For newspaper; all newsprint and materials that are a part of newspaper only. Newspaper must be stored in such a manner to keep them dry and placed at the curb on refuse day in paper bags or tied in bundles. Improperly contained newspapers will be tagged and left at the curb.
For containment of yard waste: All single-family and multiple dwellings will be required to contain yard waste in SOCRRA or City of Royal Oak approved bio/photodegradable bags or refuse containers, metal or plastic, up to 32 gallons, that are designated "Yard Waste" with a City decal attached. Improperly contained yard waste will be tagged and left at the curb.
Multiple-family dwellings and commercial or industrial establishments that generate two or more cubic yards of refuse per week shall be required to enclose such refuse in a suitable City-approved container provided by the management and located on a cement pad.
All bulk rubbish accumulating on any premises, such as cardboard containers, wooden crates and similar rubbish, shall be flattened and tied in bundles or packed in suitable container, and in no case shall any such bundle be larger than two feet by three feet, nor weigh more than 60 pounds.
Brush shall be cut into three-foot lengths and tied into bundles weighing not more than 60 pounds.
Chipper brush will be chipped at the curb after minimum payment is made to the City, as set by the City Commission. The minimum payment will cover fifteen-minute increments.
All garbage from residential buildings shall be securely wrapped and placed in approved garbage receptacles as hereinbefore described. Large noncombustible and bulk rubbish shall be separated and shall be in no case intermingled with garbage or placed in garbage receptacles.
Rubbish receptacle storage shall be located within the rear yard setback.
It shall be the duty of the owner, contractor or other person responsible for construction work to maintain the site clean and free of excess debris during construction and to remove from the premises within a reasonable time after the completion of such construction work all surplus construction material and all refuse building material. Such materials shall be removed outside the City limits or disposed of within the City in accordance with the directions of the City Manager or his authorized representative.
It shall be the duty of the City Manager or his duly authorized representative to provide for the collection and disposal of all refuse within the City of Royal Oak. He shall establish and publish at least once in a newspaper circulating within the City of Royal Oak a schedule for the collection of solid waste throughout the City and shall provide the proper labor and equipment for carrying out such schedule. He shall change such schedule whenever he deems such change advisable, but shall publish notice of such change as herein provided in the case of the original schedule.
It shall be the duty of the owner, occupant or person in charge of any dwelling house, store or other business establishment, manufacturing company or other building to place or cause to be placed on the days scheduled for the collection of solid waste from the said premises the receptacles containing such solid waste at the curbline in front of the building. Such solid waste containers shall not be set out for collection prior to 5:00 p.m. in the afternoon preceding the day of collection nor later than 7:00 a.m. in the morning on the day of collection. After such receptacles are emptied, they shall be removed from the street on the same day collections are made. In case an alley is located at the rear or side of developed property in a business or manufacturing zone, garbage and rubbish receptacles shall be placed in the alley or at such other locations as may be designated by the City Manager or his duly authorized agent. However, if any waste material is placed between the sidewalk and curb for collection, it shall be picked up by City-authorized forces and charged accordingly, whether a call or special pickup has been made or not.
It shall be the duty of the owners, occupants or other persons in charge of any dwelling house, store, business establishment, manufacturing company or building to see that no rubbish, either combustible or noncombustible, is placed or permitted to remain in any street, alley or other public place, or in any private place except a building or other suitable storage place. It shall also be unlawful for any such person to store any hazardous waste, flammable rubbish or other waste material where it would cause a fire hazard. When any such owner, occupant or other person in charge of any premises permits any rubbish or combustible material to accumulate in any public alley, street or other public place, or in any private place, outside of a storage or other approved building, after the last regular scheduled time for collection in any week by the City-authorized vehicles according to the published schedule hereinbefore provided, the City Manager shall have the authority to cause to be collected such rubbish or other material at any time between the last scheduled time for collection at the end of said week and the first scheduled regular collection in the following week. The cost of said special collections shall be charged to the owners or occupants of property permitting such rubbish or other material to accumulate. The City Manager or his designee shall establish a schedule of charges sufficient to cover the cost of such special collections, which schedule of charges shall be filed with the City Clerk, approved by the City Commission and a notice thereof published at least once in a newspaper having circulation in the City of Royal Oak at least 10 days before such schedule of charges becomes effective. The minimum charge against any owner or occupant shall be $25. The respective occupants or owners requiring such special collections of rubbish and other waste materials shall be billed each month for their respective costs of collection. Before the adoption of the annual budget in each year, any such charges remaining unpaid shall be reported to the City Commission and may be assessed against the premises as a special assessment in accordance with the provisions of Chapter 12, Sections 8, 9, and 10 of the City Charter. The City Manager, through the Department of Public Works, shall make whatever arrangements are necessary for special collections of rubbish.
It shall be the duty of the City Fire Chief or his designee and the City Code Enforcement Division to enforce the provisions of this chapter. They shall see that no rubbish or other combustible material is permitted to accumulate on any premises or in any public or private place except in accordance with the provisions of this chapter. The Fire Chief or his designee shall have the authority to enter any premises where rubbish or other waste material has accumulated and which creates a fire hazard, and order the removal of the same. They shall cooperate with the Department of Public Works in determining where special weekend collection of rubbish and waste material should be made. The Fire Chief or his designee shall have the authority and it shall be his duty to require the assistance of any member of the Fire and/or Police Department on duty to assist him in determining where special weekend collections of rubbish and other waste material are required and in otherwise enforcing the provisions of this chapter.
It shall be the duty of the owner, occupant or person in charge of any dwelling house, store or business to dispose of any tree limbs or tree trunks in excess of five inches in diameter, tree stumps, roots or diseased elms.
No person shall place at the curb for City collection any portion of a tree that is not brush (see § 633-2C) which has been removed by private contractor, homeowner or by an act of God. It shall be the duty of said person to dispose of any tree removed in such manner unless directed otherwise by the City Manager or his designee.
The City or its duly authorized agent will collect up to two cubic yards of refuse per business per week. Any necessary additional disposal shall be made at its own expense by the business, its owner, occupant or lessee.
If refuse containers are not accessible, the property owner will be responsible for the proper disposal of the refuse.
The City will not be responsible for the curbside collection of hazardous waste as defined above. A dropoff location shall be designated for the proper disposal of household hazardous wastes.
[Amended 6-15-2013 by Ord. No. 2013-11]
It shall be unlawful for any person, firm or corporation to transport, cart, carry or convey through or over any of the streets, alleys or public places of the City of Royal Oak any garbage, unwashed refuse and unwashed food containers without the written consent of the City Manager. Whenever such permission is granted, the vehicle used for such purpose shall be watertight and provided with a suitable covering. It shall be unlawful for any person, firm or corporation to transport or otherwise convey through or over any of the streets or public places of the City of Royal Oak any rubbish or other waste material except under written regulations or with the written consent of the City Manager or his designee, except rubbish or waste material accumulating on property owned or controlled by him and then only by approved methods of conveyance.
It shall be unlawful for any person, firm or corporation, other than the owner or occupant, his/her employees or agents, or City employees or agents to tamper or meddle with, take, carry away, pick through, or scavenge any brush, chipper brush, garbage, mixed waste, recyclables, solid waste, special pickup, or yard waste from the location where the same has been properly placed for collection.
Definitions. As used in this section, the following terms shall have the following meanings:
- AIR POLLUTION
- The presence in the outdoor atmosphere of air contaminants consisting of smoke, vapors, fumes, odors, gas, dust, mist, particulate matter, or any combination thereof, caused by burning.
- EXISTING INCINERATOR
- An incinerator purchased, acquired or used before the effective date of this section.
- A device specifically designed for the destruction, by burning, of garbage or other combustible refuse or waste material.
- MULTIPLE-CHAMBER INCINERATOR
- An incinerator with two or more refractory lined combustion chambers in series physically separated by refractory walls, interconnected by passages, and employing adequate design parameters necessary for maximum combustion of waste materials.
- OPEN BURNING
- A fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.
- PERMIT TO INSTALL
- A permit issued by the Building Department authorizing the construction, installation or alteration of any fuel-burning incinerator in accordance with approved plans and specifications.
Open burning. No person shall cause or permit any open burning of fuel, garbage, or other combustible refuse or waste material, including, by way of description but not by way of limitation, leaves, brush, tree trimmings, and grass. This provision shall not be construed to prohibit fires of charcoal or a non-ash-producing fuel when used on private property for the exclusive preparation of food for human consumption, nor to prohibit non-ash-producing fuels from being used not less than 15 feet from combustible materials when used in metal containers for the heating of building materials and for the warmth of workers; provided that special or occasional open fires may be allowed with permission of the Fire Chief or his designee, upon a determination by the Fire Chief or his designee that the maintenance of such a fire is not likely to create a hazard or nuisance condition to adjacent property or persons in close proximity thereto, and that the purpose for which such fire is to be maintained is legitimate. Any such permission granted by the Fire Chief or his designee shall be subject to any conditions that may be attached thereto.
[Amended 10-21-1991 by Ord. No. 91-20]
Incinerators. Incinerators shall be used in the City of Royal Oak only in compliance with the following conditions:
Permit to install. No person shall hereafter install, use or cause to be used any incinerator without a permit to install first having been issued by the Building Department. Permits shall be issued only for fuel-burning multiple-chamber incinerators which comply with all regulations of the Michigan Air Pollution Control Commission, all regulations of the Oakland County Health Department, and such general rules and regulations as may be promulgated from time to time by the City Commission. Outdoor incinerators shall be permitted only on premises occupied by commercial or industrial buildings or multiple-family dwellings. The Building Code Board of Rules shall establish fees to be charged for issuance of permits to install, which fees shall not exceed the cost of processing such permits.
Existing incinerators. No person shall hereafter use or cause to be used any existing incinerator unless such incinerator is a fuel-burning multiple-chamber incinerator or is equally effective for the purpose of air pollution control.
Air pollution nuisance. No person shall operate or cause to be operated any incinerator, whether installed before or after the effective date of this section, which creates a condition of air pollution as defined herein.
Intent. It is hereby declared to be the legislative intent to reduce air pollution resulting from burning to the optimum extent that is reasonably feasible, and the provisions of this section shall be strictly construed to effectuate that purpose.
It shall be unlawful for any owner or other person in charge or in control of any commercial or industrial establishment to place any garbage, rubbish or other waste material outside of a building, except in the type of receptacles permitted by this chapter.
A multiple-family dwelling or a commercial or industrial establishment that generates two cubic yards or more of refuse per week shall be required to enclose it in a suitable City-approved container provided by the management and located on a cement pad.
It shall be unlawful for any person, firm or corporation to deposit, throw or bury any garbage, rubbish, or other waste material in or upon any street, alley or other public place except in garbage and/or rubbish receptacles as provided in this chapter. It shall be unlawful to deposit, throw or leave such material on the premises of any other person, and it shall be unlawful to bury garbage anywhere in the City.
It shall be unlawful for any person to place or cause to be placed any garbage or rubbish, or material which requires payment of a specific charge upon the property of another without prior approval.
It shall be the duty of every owner of every lot or property to keep such lot or property free of rubbish and debris. The Chief Inspector or other duly authorized official shall notify, by certified mail with return receipt requested, the owner, agent or occupant of any such property on which rubbish or debris is found. Such notice shall be in substantially the following form:
Failure of the City to give such notice shall not, however, constitute a defense in any action to enforce the payment of any penalty provided for, or debt created, under the provisions of this chapter. In case any such owner, agent or occupant neglects or refuses to comply with the notice, the City may enter upon such lands and remove such rubbish or cause the same to be removed. Express power to so enter upon such property and remove such rubbish is hereby conferred upon the City. Any expense incurred in such removal shall be paid by the owner or owners of such property, and the City shall have a lien against such lands for such expense, which lien shall be enforced in the manner now provided by law for the enforcement of mechanic's liens.
The cost of the cleanup shall be a lien against the real property and shall be reported to the City Treasurer who shall assess the cost against the property.
The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the Assessor of the notice of the amount thereof, the Assessor shall add the same to the next City tax roll, and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by the City as provided in Section 8, Chapter 12, of the Charter.
Officers of the Police Department, City Inspectors, City Code Enforcement Officers and Aides, City Fire Chief, and the City Public Works Superintendent are hereby authorized to issue ordinance violation notices to any person violating any provision of this chapter.
[Amended 12-5-1994 by Ord. No. 94-12]
A person violating this chapter for the first time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $25, plus costs.
A person violating this chapter for the second time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $50, plus costs.
A person violating this chapter for the third time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $75, plus costs.
A person violating this chapter for the fourth or subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court.
[Added 2-2-2004 by Ord. No. 2004-03]
The construction and maintenance of composting bins is permitted subject to the following conditions:
Composting shall take place in a compost bin that has at least three vertical sides, made of plastic or metal. Compost bins made of wood are prohibited.
Compost bins shall be located in a rear yard, at least 15 feet from any dwelling on adjacent property and at least five feet from the property line.
Compost piles may include the following materials: yard and garden waste (such as weeds, branches, bark, grass clippings, leaves, stalks, stems, brush and/or vines) and straw.
Compost piles may not include meat, dairy products, vegetable or animal oils, animal fats, cooked foods, bones, manure or fish. Plastics, synthetic products or other nonbiodegradable materials are prohibited from the compost pile.
Compost bins are not permitted in drainage easements.
Compost bins are limited to a maximum of three feet by length and width and three feet in height, and a maximum of three compost bins per yard.
Compost bins shall be maintained to prevent the attraction of rodents and pests and to prevent noxious odors.