[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 11-18-1980 by Ord. No. 117
as Ch. 3-03 of the 1980 Code. Amendments noted where applicable.]
It is the intent of the Township Board that this chapter be liberally
construed for the purpose of providing a sanitary and satisfactory method
of collecting and disposing of municipal wastes.
[Amended 3-17-1997 by Ord. No. 247]
As used in this chapter, the following terms shall have the meanings
indicated:
The Ordinance Enforcement Officer or such other person or persons
so authorized by the Township Board.[1]
Wastes resulting from the handling, preparation, cooking, storing,
and consumption of food; wastes from the handling, storage, and sale of produce.
Includes pesticides, herbicides, petroleum products, radioactive
material, explosives, solvents, acids, poisons, alkaline material, oil-based
paints, batteries of all kinds, asbestos, compressed gas cylinders, antifreeze,
and used motor oil. Also any and all items as defined in MCLA § 324.11103(3).
Green, clear, and brown glass; No. 1 and No. 2 plastics; newspapers
and metal cans.
The miscellaneous waste material resulting from housekeeping and ordinary
mercantile enterprises, trades, manufacturers, offices and stores, including
ashes, cartons, tin cans, metal, small packing boxes and waste papers, excluding
discarded materials from building construction or repair or refuse from industrial
plants.
Specifically included within the above said definition in Subsection A of this definition is furniture, brush, and newspapers, subject to the following conditions:
Refrigerators, ranges, dryers, hot-water tanks and other similar items shall be deemed to be included within the definition of rubbish to be collected by the contractor, and said contractor is responsible therefor but only to the extent noted in § 389-5D below.
A.
Requirement established. Garbage and rubbish shall be
collected by the Township-approved contractors or Township personnel at such
time and pursuant to rules and regulations established by the Township Board.
B.
Publication. Such rules and regulations shall be published
in a newspaper in general circulation in the Township at least once before
such rules and regulations become effective and as often as the Township Board
shall deem necessary.
C.
Copy available. The rules of procedure and regulations
necessary to carry out the intent noted above shall be those established by
the Township Board, a copy of which shall be kept available for examination
at the Township Hall by the Township Clerk.
A.
Residential. Every owner, occupant or lessor, or any
agent thereof, of any building where garbage or rubbish accumulates shall
arrange with the contractor or the Township Clerk for garbage and rubbish
collection.
B.
Business establishments. Any establishment other than
residential shall make separate agreement pertaining to the removal of waste
with the contractor.
C.
Manufacturing plants. Industrial waste from manufacturing
plants may be removed upon agreement between the operator of such plants and
the contractor.
D.
Building construction or repair. Other waste materials
resulting from building construction or repair may be removed by agreement
between the contractor and owner.
E.
Private in lieu of with contractor. It shall be the responsibility
of the industrial user or constructor to remove industrial wastes from the
plant and/or waste material resulting from building construction or repair
either by agreement with the contractor or by private means, provided that
all regulations of this chapter are followed.
A.
Established by Township Board. The rates for garbage
and rubbish collection shall be established by the Township Board by resolution
and amended at such times as deemed necessary by the Township Board to defray
the cost of collection.
B.
Statements. Statements shall be rendered monthly or quarterly
and may be included with the water billing in the discretion of the Township
Board.
(1)
Due date. All charges for garbage and rubbish services
shall be payable on or before the due date shown on the statement.
(2)
Collection fee. If any garbage or rubbish charges shall
not be paid on or before the due date shown on the statement, there shall
be added to the amount shown on such statement a collection fee of 10%. Such
collection fee shall be charged to the account of the customer and added to
the next succeeding statement, and payment shall be enforced in the same manner
as the original charges.
C.
Remedy for nonpayment. The charges for garbage and rubbish
service are hereby made a lien on all premises served thereby. Whenever any
such charge against any premises shall be delinquent for six months, the Township
official in charge of collection thereof shall certify such delinquency to
the Township Assessor, and such charges shall be entered upon the next tax
roll as a charge against such premises and shall be collected and the lien
thereof enforced in the same manner as special assessments against such premises.
D.
Direct payment to contractor. The contractor shall provide for the collection of materials referred to in Subsection C of the definition of “rubbish” located in § 389-2, for the individual residents of the Township, according to a collection schedule and rate of compensation to be mutually agreed upon by said contractor and the Township; provided, however, that the compensation therefor shall be paid directly by the individual resident to the contractor and the Township shall not be liable or responsible for any payment therefor.
A.
Requirement established. The owner, occupant or lessor,
or any agent thereof, of every premises where garbage and rubbish accumulate
shall cause to be provided for said premises sufficient and proper receptacles
as herein prescribed.
B.
Garbage. All garbage receptacles:
(1)
Construction. Shall be of substantial approved construction,
free of holes, with proper handles and a tight-fitting cover.
(2)
Individual capacity. Shall have a capacity of not less
than 10 gallons nor more than 20 gallons.
(3)
Weight. No single receptacle shall weigh more than 50
pounds when full.
(4)
Cumulative capacity. Shall be adequate in size and number
to hold one week's accumulation.
(5)
Sanitation. Shall be maintained in a sanitary condition.
(6)
Storage location. Shall be kept on the premises in the
rear thereof within an approved distance of the rear entrance to the dwelling
or premises.
C.
Rubbish.
(1)
Construction. Rubbish receptacles shall be metal, plastic,
or wooden bushel baskets with handles, in good condition, and shall weigh
not to exceed 50 pounds when full.
(2)
Other than baskets. Rubbish containers, other than metal,
plastic, or wooden baskets with handles in good condition, as herein specified,
may be collected as rubbish without notice.
(3)
Use of garbage receptacles. Except that garbage receptacles
may be used as rubbish containers.
(4)
Exception. Accumulations of rubbish larger than can be
contained in a receptacle shall be securely tied in compact bundles not to
exceed 50 pounds in weight and placed in a location designated by the contractor.
D.
Broken. Receptacles that are broken, without handles,
or which otherwise fail to comply with the requirements of this chapter may
be classed as “rubbish” and, after due notice to the user, may
be collected as rubbish.
E.
Trash liners in lieu of. Trash liners may be used in
lieu of garbage or rubbish receptacles, provided the liner is in good condition
and the opening thereto is properly secured.
F.
Fixed or stationary. Fixed or stationary garbage or rubbish
receptacles may be used only upon the approval of the Township Board as to
size, location and construction.
G.
Maximum number per collection. The number of receptacles
or trash liners at each residence per regularly scheduled collection shall
not be in excess of 10 said receptacles, or trash liners, unless any excess
receptacles or trash liners are identified in accordance with the rules and
regulations as established by said Board.
(1)
Method of determination. For purposes of determining the number of receptacles or trash liners set out for collection, each receptacle containing garbage or rubbish, including trash liners, and each item provided for in Subsection B of the definition of “rubbish” located in § 389-2 shall constitute one receptacle, i.e.:
H.
Recycling containers. The contractor shall provide all
residents with a recycling bin. These bins shall contain only recyclable materials.
These bins shall be placed at the curb on scheduled pickup days and readily
accessible to the collectors.
[Added 3-17-1997 by Ord. No. 247]
A.
Curb pickup. Containers shall be placed at the curb on
pickup days and readily accessible to the collectors.
B.
Liners. Where approved liners are used, it will only
be necessary to place the liner and contents at the curb securely bound at
the top.
C.
Empty removal. Empty containers shall not be left at
the curb more than 24 hours.
D.
Ashes. Ashes will be removed only when placed in rubbish
containers as herein specified.
A.
Bury, burn, or deposit garbage/rubbish. No person shall
bury or burn any garbage, or deposit garbage or rubbish upon any public way
or upon any property owned by another or in any body of water within the Township,
nor shall any person deposit or place any garbage or rubbish upon any premises
owned or occupied by him, unless the garbage or rubbish be enclosed in a suitable
container as herein required.
B.
Burning of waste material. No waste material shall be
burned except in receptacles provided for such purpose within the Township,
contrary to the health or fire regulations, or in any manner as to cause offensive
smoke, objectionable odors or any fire hazard.
C.
Disturb contents. No person shall disturb the contents
of any garbage or rubbish receptacle or bundle, or leave the receptacle or
contents in a condition other than this chapter provides.
D.
Authorized containers only at curb. No garbage containers
or other containers for refuse, other than those of the Charter Township of
East China, shall be located within the right-of-way of a street unless the
placement is authorized by the Township.
[Added 3-17-1997 by Ord. No. 247]
E.
No hazardous wastes. No hazardous wastes shall be disposed
of in curbside pickup. It is the duty of each person residing within the Township
to dispose of such wastes safely and legally in accordance with all applicable
laws and ordinances.
[Added 3-17-1997 by Ord. No. 247[1]]
F.
Owner must consent to disposal. It shall be unlawful
to dispose of any garbage, refuse, or ashes on any premises in the Township
without the consent of the owner of such premises.
[Added 3-17-1997 by Ord. No. 247]
