[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in article histories. Amendments noted where applicable.]
Article I In General
Article II Refuse Bins
[Adopted 10-25-1982 by Ord. No. 1271]
[Amended 5-6-1996 by Ord. No. 1618; 3-5-2007 by Ord. No. 1821]
The following definition shall be used for the purposes of this chapter:
- CURBSIDE COLLECTION SERVICE
- The method of garbage or rubbish collection service whereby the collection company requires the container to be placed at or near the street right-of-way for pickup.
- Any building which is wholly or partly used or intended to be used for living by human occupants.
- Food wastes and such other wastes which results from the handling, preparing, cooking, serving or consumption of food (such as packaging, wrappers, napkins, etc.).
- INSTITUTIONAL DWELLINGS
- Those dwellings, other than an individual's own home, used for the housing of, feeding of, and caring for the occupants, examples of such dwellings being hospitals and licensed nursing homes.
- Any combustible or noncombustible waste materials, except garbage, including but not limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastics, tree branches, yard trimmings, tin cans, metals, automobile parts, mineral matter, glass, crockery, dust and the residue from the burning of combustible materials.
[Amended 5-6-1996 by Ord. No. 1618]
No person, firm or corporation shall place, or allow to remain, on any lot any garbage or rubbish container closer to the street right-of-way than the closest (to the street right-of-way) vertical roof-supporting member of the main structure on said lot; provided, however, any person who has curbside collection service may place his/her garbage or rubbish container at curbside (or streetside if there is no curb) for collection purposes only, but not earlier than 8:00 p.m. of the day preceding his/her collection day, and said container must be removed from the curbside (or streetside if there is no curb) not later than 11:00 p.m. of his/her collection day.
All garbage must be stored in a watertight container that is constructed of metal, plastic or other durable material impervious to rodents, has a tight-fitting lid or cover, and is capable of being serviced without creating unsanitary conditions. The lid or cover must be kept closed to provide a tight seal on the container. Provided, however, those persons who have curbside collection service may place their garbage or rubbish at the curbside (or street if there is no curb) in accordance with Subsection A in sealed bags, but only if said bags are provided by the collection company, meet the approval of the Kalamazoo County Health Department, and are a bright color, e.g., red, yellow, orange. Provided, further, however, if said bags are stored outside prior to collection day, they shall be placed in said watertight containers with a tight-fitting cover or lid.
Notwithstanding the provisions of Subsection A above, a metal container one cubic yard or larger in capacity (commonly called a "bin" or "dumpster") which is picked up by mechanical means may be otherwise located on the lot, but only after a permit has been obtained from the City and a fee as set by the City has been paid. Said permit shall be issued only if the physical layout of the lot and structure would prevent access for mechanical pickup if placed as required by Subsection A above.
The owner of the premises upon which, or in front of which, a violation of this section occurs, the tenant, occupant or person in charge of the premises upon, or in front of, which a violation occurs, or the person, firm or corporation placing or using a container or bag in violation of this section shall be responsible for such violation.
[Amended 3-5-2007 by Ord. No. 1821]
Prosecutions for violations of § 15A-2 may be commenced by issuing an appearance ticket. The City Manager may designate a City employee or employees as appearance ticket officer or officers and the employee or employees so designated are authorized to issue and serve the appearance ticket authorized by this section.
First offense. Any person, firm or corporation found guilty of violating any provision of this article shall be fined $25 for the first offense.
Second offense. Any person, firm or corporation found guilty of violating any provision of this article for the second time within any one-year period shall be fined $50.
Third and subsequent offenses. Any person, firm or corporation found guilty of violating any provision of this article for the third time, or any subsequent time thereafter, within any one-year period shall be fined not less than $100 nor more than $500 or imprisoned for not more than 90 days, or both fined and imprisoned, in the discretion of the court.
[Added 5-6-1996 by Ord. No. 1618]
If the placement of a garbage or rubbish container is in violation of § 15A-2A, the City Manager or his or her authorized representative may take all reasonable and necessary actions to correct the violation. Such actions (which may be in addition to the issuance of an appearance ticket) may include the entry upon private lands at reasonable times and under reasonable circumstances to relocate or empty said container. After said corrective action has been taken, the City may bill the expense (which may include both out-of-pocket and administrative expenses) thereof to the owner or person in control of the property from whence the garbage or rubbish container belongs. Failure to pay said bill shall result in the same consequences as failure to pay a bill arising from a nuisance abatement (Kalamazoo City Code § 22-5).
[Adopted 6-27-1977 by Ord. No. 1115]
The following words, when used in this article, shall for the purposes herein mean:
- A natural person, firm, partnership, association, or corporation and their legal successors.
- REFUSE BINS
- Those refuse receptacles designed to be transported by or mechanically emptied into a refuse collection vehicle, and does not include receptacles used in office buildings, businesses and single-family dwellings, which are less than twenty-gallon capacity.
- SUBSTANDARD REFUSE BINS
- Those refuse bins which do not meet the stability requirements established herein.
All persons owning, leasing or using substandard refuse bins or permitting the placing of such substandard refuse bins on private property within their custody or control are hereby encouraged to assure the early modification or retrofitting of such substandard refuse bins or, in the alternative, removal of such bins from areas of public access.
From and after the dates established in § 15A-19, each refuse bin shall:
Be reasonable secured in some manner, such as secured to a stake, fence, wall or other stationary object in a manner to prevent its tipping over; or
Be enclosed within a fence or barrier at least four feet high with an access gate which is kept locked or otherwise reasonably protected from unauthorized access; or
Be designed, constructed or modified so that it will not tip when subjected to 191 pounds hanging vertically from the leading edge thereof or to a pull force of 70 pounds exerted horizontally from any edge thereof.
Except on the basis of an extension previously recommended and approved in accordance with the provisions of § 15A-19, no person shall rent, lease, place upon the property of another, or permit to remain upon property within his custody or control, any refuse bin which is not secured or protected from unauthorized access or which does not meet the stability requirements established in the preceding section hereof in the immediate vicinity of a school or school yard on or after September 2, 1977; or elsewhere in the City of Kalamazoo to which the public has access on or after December 31, 1977.
The fact finding board for recycling dealers, appointed by the City Manager, may accept, consider and make recommendations to the City Manager upon an application from a responsible person for an extension of the period in which to comply with the provisions of the preceding section regarding the security of refuse bins. The said board, upon a showing by the applicant of diligent effort and good cause for inability to comply with such security requirement, may recommend and the City Manager may approve an extension not in excess of three months.
[Amended 5-6-1996 by Ord. No. 1618; 3-5-2007 by Ord. No. 1821]
Any garbage or rubbish collection company operating in the City shall engage in curbside collection service in the following geographical areas only on the designated days:
[Amended 9-29-2008 by Ord. No. 1848]
No garbage or rubbish collection company operating in the City of Kalamazoo shall collect garbage or rubbish within 300 feet of a dwelling between the hours of 11:00 p.m. and 6:00 a.m. of the following day.
Back door collection service is permitted on any day in any area of the City.
Any rubbish or garbage collection company engaging in curbside collection service in the City shall remove all garbage, rubbish or debris which has spilled from a container or during collection activities.
Any rubbish or garbage collection company engaging in curbside collection service in the City, and providing containers (including bags) for their customers, shall identify said containers by placing the name and telephone number of said company in legible letters and numbers thereon.
Any rubbish or garbage collection company engaging in curbside collection service in the City and which, as part of said service, will pick up bags, must supply its customers with bags which are approved by the Kalamazoo County Health Department and are a bright color, e.g., red yellow, orange.
Violation of any of the provisions of this article shall be a misdemeanor punishable by a fine of not more than $500, or by imprisonment of not more than 90 days, or by both such fine and imprisonment.