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Chapter 11
GARBAGE AND TRASH*
Art. I. In General, §§ 11-1—11-30
Art. II. Collection and Disposal Regulations, §§ 11-31 – 11-45
Editor’s note – Section I of Ord. No. 2989, adopted Nov. 28, 1994, repealed, §§ 11-1 – 11-39, pertaining to garbage and trash and derived from, §§ 11-2 – 11-4, 11-15 – 11-18, 11-20 – 11-23, 11-26, 11-27 of the 1970 Code. Ord. No. 2483, §§ 1-8, adopted Mar. 27, 1989 and Ord. No. 2711, §§ 1 and 2, adopted Jan. 13, 1992. Section. 2 of Ords. No. 2989 reenacted new §§ 11-1 – 11-37 pertaining to same subject matter.
Cross reference – Buildings and building regulations, Ch. 6; disposal of garbage and trash in streets prohibited, § 20-1; utilities generally, Ch. 24; sewers, § 24-16 et seq.; zoning; Ch. 27.
State law reference – Municipal authority to provide for collection of garbage and refuse; RSMo 71.680, 71.690; solid waste disposal, RSMo 260.200 et seq.
ATRICLE I. IN GENERAL.
Sec. 11-1. Definitions.
(a) As used in this chapter, the following words and phrases shall mean:
Dwelling unit shall have the same meaning as given in the zoning ordinance.
Garbage shall mean all putrescible animal, fruit or vegetable matter or byproducts; whether liquid, solid or otherwise, resulting from the handling, preparation, cooking, serving or consumption of food, including waste from vegetable houses and slaughter or dressing plants for animals.
Owner shall mean any person who alone or jointly of severally with others shall have legal title to a fee interest in the parcel of real property, with or without accompanying actual possession thereof. The land records filed in the office of the recorder of deeds of Johnson County, and any other official record of the county or of the city, may be used to determine the identity of such owners, as herein above defined, as of the date of the notice of the violation.
Refuse shall mean all putrescible and nonputrescible wastes including garbage, rubbish, solid wastes, trash and all other used or waste material.
Rubbish shall mean all nonputrescible wastes such as tin cans, small appliances, house wares, clothing, bedding, carpeting, wood, class, plastic, crockery, broken or discarded furniture and metal scraps.
Recyclables shall mean cardboard, newsprint, and brown, clear and green class containers, aluminum cans, plastic milk jugs and plastic soda bottles, if rinsed and reasonably free of food, dirt and other contaminants.
Solid wastes shall mean all discarded materials, including, but not limited to, waste materials resulting from construction, industrial, commercial, agricultural, residential, governmental and domestic activities, but not including waste materials resulting from mining, milling or smelting.
Structure shall have the same meaning as given in the zoning ordinance.
Trash shall mean all cardboard, packing, paper, plastic, wrappers, and all other items that are light in nature and easily carried by wind.
Yard shall have the same meaning as given in the zoning ordinance.
(b) Where words of phrases are not defined under the provisions of this ordinance or other city ordinances, they shall have ascribed to them such meaning as the context herein may imply.
(Ord. No. 2989, § 2, 11-28-94)
Cross reference – Definitions and rules of construction generally, § 1-2.
Sec. 11-2. Enforcement, right of entry and relief of liability.
(a) The provisions of this chapter shall be enforced by the “code enforcement inspector” or other agents of the city so hired and directed by the city manager to do so and shall hereinafter be referred to as the “inspector”.
(b) Whenever the inspector shall ascertain, or have knowledge that a violation may exist, the inspector may lawfully enter, during daylight hours, with or without the owners permission, without being deemed to have committed trespass into or upon the following private property that is within the city limits:
(1) Any structure which is open or unsecured and which would not reasonably be perceived as a place of residence or dwelling, except that such structure may be attached to a place of residence such as an open carport;
(2) Any place of dwelling which is open or insecured and which the inspector reasonable believes to be abandoned, uninhabited, legally uninhabitable or otherwise not lived in; or
(3) Any lot;
And shall do so for the purpose of investigating inspecting, abating, or removing any violation pursuant to this chapter, provided that proper identification shall be displayed on the inspector’s outer clothing.
(c) This limited right of entry of subsection (b) shall be extended to any person hired by the city or that person’s employees, for the purposes of abating or removing a violation of this chapter, or for the purpose of obtaining legal or professional assistance or council for the city. Such person may only do so in such manner, and at such time, and for such purpose as directed by the city.
(d) Whenever the inspector shall ascertain or have knowledge that a violation may exist, the inspector may lawfully enter into or upon private property within the city limits, that is known to be a structure of residence or dwelling or otherwise lawfully occupied, by presenting the owner or the occupant with proper identification and requesting permission to enter. If the inspector is denied consent to enter a lawfully occupied structure, or if an unoccupied structure cannot be entered by reasonable means, the inspector shall apply to the judge of the municipal court for a search warrant. The judge, upon finding of reasonable cause that this chapter is being violated, shall issue such warrant. The judge may consider any of the following factors in deciding whether a warrant shall be issued: (1) eyewitness accounts of violation; (2) citizen complaints, (3) “plain view violations; (4) violations apparent from the city records; (5) nature alleged violations (threat to life, health, safety, or property; (6) previous violations on the premises.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-3. Notice to abate.
(a) Whenever the inspector, or other city employee designated by the city manager, shall ascertain or have knowledge that any provision of this chapter is being violated within the city; the inspector shall, in writing, notify the owner, or the owner’s agent, or the occupant, or other person having possession or control, in whole or in part, of the structure, lot or premises where the violation has occurred or is occurring, to abate the violation within a reasonable time to be specified by such notice.
(b) All such notices shall be delivered in person, or by certified mail, return receipt requested, or by posting such notice upon the structure, lot or premised where the violation exists.
(c) When the owner of the structure, lot or premises is a nonresidentof the city and no person within the city is found, by reasonable search, to occupy or control such structure, lot or premises, no notice need be served on such person if the city council shall first find and declare that the abatement of the violation is required for the protection and preservation of the public health, safety and welfare, and that an emergency exists for the abatement of the violation.
(d) Any person receiving a notice may, within (10) days after the posting or receipt thereof, whichever occurs first, request a hearing before the director of the community development, or the director’s designee, to contest the decision of the code enforcement inspector that a violation does exist; or has existed, upon the property. Any such person shall have a right to appear at such hearing with council and to examine and cross-examine witnesses. A request for a hearing under this section shall not prevent or delay any criminal proceeding.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-4. Failure to comply.
It shall be unlawful for any person who has been notified to abate a violation of this chapter to fail, neglect or refuse to obey and comply with the provisions of such notice within the time stated in the notice, or as specified at the hearing, if a hearing was requested.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-5. Violations deemed nuisances.
Any condition which violates this chapter, or any property which is in violation of this chapter, shall constitute a nuisance in that such property or condition is injurious, dangerous and detrimental to the public health, safety, and/or welfare.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-6. Abatement by city.
(a) If the owner, or the owner’s agent, or the occupant, or other person having possession or control, in whole or in part, of any structure, lot, or premises in or upon which the violation exists, does not abate the same within the time stated in the notice, as specified at the hearing if a hearing was requested, the city, or authorized agent of the city, may enter into or upon such structure, lot or premises and may abate or remove the violation.
(b) The inspector shall certify the cost of abatement to the city clerk, who shall cause a special tax bill therefore against the property to be prepared and to be collected to the collector, with other taxes assessed against the property, and the tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals herein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereof, Each special tax bill shall be issued by the city clerk and delivered to the collector on or before the first day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight (8) percent per annum.
(c) Abatement cost shall include all actual and realized costs incurred by the city, including, but not limited to, the following:
(1) Bills submitted by an authorized abatement contractor;
(2) The costs of certified mail, film, lumber, and other materials used by the city to abate record, document, or provide notification of the violation;
(3) Time or wages paid to city employees involved with the investigation, notification, prosecution, and abatement of the violation; and
(4) Any legal fees incurred by the city. The abatement cost shall not be less then fifty dollars ($50.00)
(Ord. No. 2989, 2, 11-28-94)
Sec. 11-7. Prosecution.
(a) Abatement by the city of any violation of this chapter shall not limit the city’s right to criminally prosecute any person, nor shall prosecution limit the right of the city to initiate, continue or finish abatement of the violation, nor shall prosecution limit the city’s right to pursuer assessment or collection of abatement costs incurred by the city.
(b) Each day that any violation of this chapter shall continue shall constitute a distinct and separate offense.
(Ord. No. 2989, § 11-28-94)
Sec. 11-8 – 11-20. Reserved.
Sec. 11-21. Trash service required and littering prohibited.
(a) All residences or businesses within the city limits shall obtain refuse disposal service from a company holding such a business license with the city and shall maintain such service until the person no longer resides in the city or the business ceases operation. This subsection shall in no way prevent any person from disposing hazardous waste according to state regulations nor shall it prevent a business or industrial site from economically disposing of specialized waste in a legal manner.
(b) It shall be unlawful for any person to throw or place upon public or private property any garbage, refuse, rubbish, solid wastes or trash.
(Ord. No. 2989, § 2, 11-28-94)
State law reference – Littering, RSMo 577.070
Sec. 11-22. Littering upon business property.
(a) The owner and manager of any business situated within the city shall keep the premises clean of all refuse or other wastes, and prevent same from drifting, blowing or leaking to adjoining premises. Should refuse or wastes drift, blow or leak onto adjoining property from a business, the owner and manager shall be responsible for its prompt removal.
(b) For areas of high public use, such as malls, fast food establishments and downtown shopping areas, receptacles of sufficient size and number shall be placed on the premise accessible to the customers of such businesses. Such garbage and trash receptacles shall be approved by the director of community development and shall be leak proof, waterproof and shall be of a type originally designed and manufactured to contain customer garbage and trash.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-23. Defiling certain waters prohibited.
It shall be unlawful for any person to put, or cause to be put or allow to remain, any dead animal, carcass or part thereof, any offal or other filth into any well reservoirs, water tank or tower, spring, brook, branch, creek, pond, or lake in the city.
(Ord. No. 2989, § 2, 11-28-94)
State law reference – Similar provisions, RSMo 577.076(1)
Sec. 11-24 – 11-20. Reserved.
ARTICLE II. COLLECTION AND DISPOSAL REGULATIONS*
Sec. 11-31. Provision and use of solid refuse containers.
(a) The owner, agent, manager or occupant of every dwelling unit and of every institutional, commercial, industrial, rental, residential. Agricultural or business establishment producing refuse within the corporate limits of the city, shall provide sufficient and adequate containers of all refuse except bulky rubbish, or bulky demolition or bulky construction waste, to serve each such dwelling unit and/or establishment, and maintain such refuse containers at all times in good repair.
(b) The owner, agent manager or occupant of every dwelling unit and of every institutional, commercial, industrial, rental, residential, agricultural, or business establishment shall place all refuse to be collected in proper refuse containers, except as otherwise provided herein, and shall maintain such refuse containers and the area surrounding them in a clean, neat and sanitary condition at all times.
(c) Residential refuse containers shall be leak proof waterproof and fitted with a fly tight lid and shall be properly covered at all times except when depositing refuse therein or removing the contents thereof. The refuse containers shall have handles, bails or other suitable lifting devices or features. Refuse containers shall be of a type originally designed and manufactured for residential refuse, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather, shall be used. Such container shall be considered the primary refuse containers. All containers shall be of not more than ninety (90) gallon capacity and the weight of the container and contents shall not exceed seventy five (75) pounds. The capacity and weight specifications may be exceeded where mechanical leverage or assistance is provided by the hauler.
(d) Sturdy plastic bags, originally manufactured for the containment of residential refuse, shall be considered adequate as secondary containers. If for any reason the content of the bad is not properly contained until pickup, it shall be the responsibility of the owner and/or occupant of the residence to correct the situation.
(e) Residential refuse containers which do not meet the specifications as outlined in this section may be collected and disposed of by the city or an authorized agent of the city.
(f) The owner shall be responsible for any necessary refuse service, for providing refuse containers of adequate size and number, and for the removal of any garbage, refuse, rubbish, solid wastes, trash, or other waste left by the occupant of any rental property.
(g) If the occupant of a rental unit is to be held responsible for trash collection and cost thereof, and/or for providing refuse containers, the rental contract shall plainly stipulate.
(h) refuse generated from residences constructed or utilized with four (4) or more dwelling units, or from any structure having eight (8) or more occupants, or from commercial property, or from businesses shall be stored in dumpsters manufactured for that purpose, except as exempted under the provisions of subsection (k) hereof. The dumpster shall be leakproof and shall be properly covered at all times except when depositing refuse therein or removing the contents thereof. The dumpster shall not be less than one (1) cubic yard in capacity and shall be placed on level concrete pads having a permanent retainer curb of not less than three (3) inches in height on three (3) sides to keep the dumpster from rolling off the pad and to assist the disposal company in servicing, the dumpster. Such retainer curb shall be designed and placed such that the dumpster will not be able to strike or damage the screening enclosure provided for hereinafter. The retainer curb shall not be necessary if the required screening is made entirely of solid concrete.
(i) The sole purpose of the dumpster pad area and/or within the screening enclosure shall be for the placement of dumpsters and the placement of garbage, refuse, rubbish, solid wastes, trash or other wastes within the dumpster. There shall be no other use of this area and any usable items, or materials on or within this area shall be considered as garbage, junk, refuse, rubbish, solid waste, or other waste and shall be disposed of accordingly.
(j) The type and location of a dumpster, dumpster pad and any necessary screening devices shall be specified in the site plan of any remodeling or new construction.
(k) Dumpsters shall be located in the rear of the lot of any residence, business, commercial, or industrial establishment, and shall be accessible by motorized disposal equipment. If pre-existing site conditions physically prevent the placement of a dumpster in this manner, then other containers may be used. If it is physically impossible to place other containers in the rear of the lot, then dumpsters may be placed in the side yard. If it is physically impossible to place dumpsters in the side yard, then other containers may be placed in the side yard. If it is physically impossible to place other containers in the side year, then dumpsters may be placed in the front yard. If it is physically impossible to place dumpsters in the front yard, then other containers may, as a last resort, be placed in the front yard. The other containers need not be accessible by motorized disposal equipment. Such other containers shall be leakproof, have secured fly-tight lids, be of sufficient size and number to contain the normal amount of refuse for that structure and shall conform to all screening and concrete pad requirements normally only required for dumpsters.
(l) All dumpsters shall be obscured from public view by constructing a wall, fence, or natural barrier of six (6) feet in height, on any side of the dumpster which may be visible from a public thoroughfare adjacent to the dumpster site. For purposes of this section alleys shall not be considered as public thoroughfare.
(m) The wall, fence or natural barrier shall be maintained in a neat, clean, sanitary, and proper mechanical condition at all times. Such maintenance shall include, but is not limited to:/p>
(1) Replacing missing or damaged boards, posts, concrete blocks or hinges, as needed;
(2) Any painted or stained wooden, metal or concrete screening shall be maintained in a well painted and stained condition; and
(3) Removing and replacing any dead or diseased portions of a natural barrier. The city may require specific maintenance if necessary to eliminate an unsightly or dangerous condition.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-32. Frequency of collection and time limitations of containers.
(a) Refuse and other waste accumulation by residences shall be disposed of or collected at least once each week.
(b) Hotels, restaurants and such other businesses and institutions shall dispose of refuse and all other wastes at least once each week, or more often if necessary to protect the public health of the community.
(c) No person shall place refuse outside more than twelve (12) hours prior to the scheduled pickup date unless such refuse is placed in a dumpster or in a primary container as defined in section 11-31 (c).
(d) No refuse containers or bags shall be placed or let remain, in the front yard, or in the case of a corner lot in the side yard, more than twelve (12) hours prior to, or twelve (12) hours following, the scheduled pickup date.
(Ord. No. 2989, § 11-28-94)
Sec. 11-33. Disposition of wholesale accumulations.
The places of wholesale accumulations, such as killing and dressing plants for fowl and wholesale fruit and vegetable houses, where the daily accumulation of garbage, refuse and trash is more than in ordinary quantities, shall make arrangements for the daily pickup of such garbage, refuse and trash.
(Ord. No. 2989, § 11-28-94)
Sec. 11-34. Disposition of certain wastes.
(a) Animal manure shall be disposed of at the expense of the owner of the animals.
(b) Heavy accumulations such as brick, broken concrete, lumber, ashes, dirt, plaster, sand, gravel, automobile frames and parts, dead trees and other bulky, heavy material shall be disposed of at the expense of the owner or person controlling same.
(c) All sites having construction activities, whether remodeling or new construction, shall have dumpsters of sufficient size and number placed on the premises by the owner or general contractor, and shall be accessible by construction personnel for the disposal of construction debris, during all phases of construction. The placement of these dumpsters for construction purposes shall be exempt from the provisions of subsections (h) through (m) of section 11-31, but such dumpsters and the area around them shall be maintained in a clean, neat and sanitary condition at all times. It shall also be plainly stated in the building contract whether the owner or the general contractor will be responsible for the removal of any construction debris that remains after the completion of construction; otherwise, the owner shall be held responsible.
(d) Construction debris shall be disposed of in accordance with all state and federal regulations.
(e) On construction sites, the property owner and contractors shall prevent garbage, refuse, rubbish, solid wastes, trash and all other wastes from drifting, blowing, or leaking onto adjoining premises. Should refuse or other waste drift, blow or leak onto adjoining property, the property owner and contractors shall be jointly and severely responsible for its prompt removal and the costs thereof.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-35. Collection and disposition of solid wastes.
(a) All persons licensed to haul or any other person hauling refuse or other wastes in the city shall handle same in a sanitary manner and in a vehicle that is enclosed and leak proof. Such vehicle must be so enclosed so that no part of its contents can escape.
(b) Solid wastes and refuse shall be deposited at a processing facility or disposal area approved by the city and complying with all requirements of the Missouri Solid Waste Management Law, sections 260.200 to 260.245 RSMo, and under the rules and regulations adopted there under.
(c) Hazardous wastes shall be disposed of only in a manner authorized by federal and state regulations.
(d) The disposal company shall close the dumpster lid and return the dumpster onto the concrete dumpster pad after pickup.
(e) All dumpsters shall be cleaned frequently with hot, soapy, pressurized water. The city may require additional cleaning or repair as necessary, to eliminate obnoxious odors or other dangerous or unsanitary conditions.
(Ord. No. 2989, § 11-28-94)
State law reference-Weight standards for vehicles transporting solid wastes, RSMo. 260.218.
Sec. 11-36. Disposal of limbs, brush, leaves, yard wastes and other bulky waste.
(a) The owner or occupant of all premises shall separate all limbs, brush, leaves, yard waste or other natural woody material from all other garbage, trash, or other solid waste, and shall be responsible for making separate provisions for disposal of these materials.
(b) All leaves, grass clippings and other yard wastes shall be stored and maintained as to prevent their dispersal upon the premises served, upon adjacent premises, or upon adjacent public right-of-way.
(Ord. No. 2989, § 2, 11-28-94)
Sec. 11-37. Prohibited practices.
It shall be unlawful for any person to:
(a) Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container.
(b) Fail to have solid waste collected as provided in this chapter.
(c) Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
(d) Dispose of solid waste at any facility or location which is not approved by the city and the Missouri Department of Natural Resources.
(e) Engage in the business of collecting, transporting, processing or disposing of solid waste within the city limits of the city without maintaining a valid business license from the city.
(f) Distribute, collect, remove or dispose of recyclable materials after said material have been placed or deposited for collection by a business licensed to collect, transport, process or dispose of solid waste. Nothing in this ordinance shall abridge the right of any person to give of sell their recyclable materials to any recycling program or redemption location lawfully operated. Nothing in this ordinance shall abridge the right of any authorized recycling program to lawfully operate within the city, subject to such other regulations as may be required by law.
(g) Dispose of banned materials or hazardous waste in any manner or place other than is allowed by state and federal regulations, or to place banned materials or hazardous waste out for normal trash garbage collection.
(h) Fail to place trash or solid waste in tied or otherwise secured bags prior to depositing such refuse in trash containers or dumpsters except that large bulky waste need not be placed in bags.
(i) Violate any section of this chapter.
(Ord. NO. 2989, § 2, 11-28-94)
Sec. 11-38 – 11-45. Reserved.
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