Chapter 11

GARBAGE AND TRASH

CONTENTS

ARTICLE I.  IN GENERAL

§ 11-1. Definitions.

§§ 11-2 to 11-6.  Reserved.

ARTICLE II. SOLID WASTE
DIVISION 1. GENERAL REGULATIONS

§ 11-7. Director to make regulations.

§ 11-8. Unlawful disposal.

§ 11-9. Right of entry.

§ 11-10. Inspection.

§ 11-11. Duty of occupant.

§§ 11-12 to 11-14. Reserved.

DIVISION 2. CONTAINERS

§ 11-15. Container specifications.

§ 11-16. Container location.

§§ 11-17 to 11-21. Reserved.

DIVISION 3. COLLECTION AND TRANSPORTATION

§ 11-22. Collection.

§ 11-23. Collection frequency.

§ 11-24. Rubbish.

§ 11-25. Earth and rock materials.

§ 11-26. Construction debris.

§ 11-27. Hazardous wastes.

§ 11-28. Final disposal landfill.

§ 11-29. Severability.

§ 11-30. Collection to comply with all laws, rules and regulations

§ 11-31. Maintenance and use of vehicles for collection.

§ 11-32. Health and safety of collectors.

§§ 11-33 to 11-35.  Reserved.

DIVISION 4. VIOLATION AND PENALTY

§ 11-36. Penalty.

§§ 11-37 to 11-41. Reserved.

DIVISION 5. RATES

§ 11-42. Billing.

§ 11-43. Nonpayment of bills.

§ 11-44. Rates – General.

§§ 11-45 to 11-49. Reserved.

DIVISION 6. BURNING

§ 11-50. Burning in streets.

§ 11-51. Burning prohibited.

§§ 11-52 to 11-56. Reserved.

Chapter 11

GARBAGE AND TRASH

ARTICLE I

IN GENERAL

Sec. 11-1. Definitions.

For the purposes of this Chapter the following terms shall be deemed to have the meaning indicated below:

Approved incinerator – an incinerator which complies with all current regulations of the Missouri Air Conservation Commission.

Bulky rubbish – nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste collection vehicles by solid waste collectors, with the equipment available therefor.

City – the City of Vienna, Missouri.

Collection – removal and transportation of solid waste from its place of storage to its place of processing or disposal.

Demolition and construction waste – waste materials from the construction or destruction of residential, industrial or commercial structures.

Director – the director of the solid waste management program of the city, or his authorized representative.

Disposable solid waste container – disposable plastic or paper sacks with a capacity of 20 to 35 gallons specifically designed for storage of solid waste.

Dwelling unit – any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

Garbage – putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.

Hazardous wastes – including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

Multiple housing facility – a housing facility containing more than one dwelling unit under one roof.

Occupant – any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as tenant.

Person – any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

Processing – incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

Refuse – solid waste.

Solid waste – unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.

(a) Commercial solid waste – solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units, unless each such dwelling unit has separate disposal containers.

(b) Residential solid waste – solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) dwelling units.

Solid waste container – receptacle used by any person to store solid waste during the interval between solid waste collections.

Solid waste disposal – the process of discarding or getting rid of unwanted material.  In particular the final disposition of solid waste by man.

Solid waste management – the entire solid waste system of storage, collection, transportation, processing and disposal.

Storage – keeping, maintaining or storing solid waste from the time of its production until the time of its collection.

Yard wastes – grass clippings, leaves, tree trimmings.  (§1711.001, 1978 Code)

Secs. 11-2 to 11-6.  Reserved.

ARTICLE II

SOLID WASTE

DIVISION 1.  GENERAL REGULATIONS

Sec. 11-7.  Director to make regulations.

(a) The director shall make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to:

(1) Preparation, drainage and wrapping of garbage deposited in solid waste containers.

(2) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

(3) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

(4) Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.

(5)Storage of solid waste in solid waste containers.

(6) Sanitation, maintenance and replacement of solid waste containers.

(7) Schedules of and routes for collection of solid waste.

(8) Collection points of solid waste containers.

(9) Collection and disposal of solid waste.

(10)  Processing facilities and fees for the use thereof.

(11)  Disposal facilities and fees for the use thereof.

(12)  Records of quantity and type of wastes received at processing and/or disposal facilities.

(13)  Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

(b) A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the city clerk of the city.  (§1711.003, 1978 Code)

Sec. 11-8.  Unlawful disposal.

It shall be unlawful for any person to:

(1) Deposit solid waste container other than his own, without the written consent of the owner of such container and/or, with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal.

(2) Interfere in any manner with solid waste collection equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the city, or those of a solid waste collection agency operating under contract with the city.

(3) Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.

(4) Dispose of solid waste at any facility or location which is not approved by the State.

(5) Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city without a permit from the State.  (§1711.007, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 11-9.  Right of entry.

Solid waste collectors, employed by the city or a solid waste collection agency operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter.  Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting solid waste.  Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval by the director.  (§1711.009 1978 Code)

Sec. 11-10.  Inspection.

In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the director is authorized to inspect all phases of solid waste management within the City of Vienna.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law.  In all instances where such inspections reveal violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.  (§1711.011, 1978 Code)

Sec. 11-11.  Duty of occupant.

(a) The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the city, shall provide sufficient and adequate reusable or disposable containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment; and to maintain such reusable solid waste containers at all times in good repair.

(b) The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.  (§1711.015, 1978 Code)

Secs. 11-12 to 11-14.  Reserved.
ARTICLE II
SOLID WASTE
DIVISION 2. CONTAINERS
Sec. 11-15. Container specifications.

(a) Residential solid waste shall be stored in containers of not more than 35 gallons nor less than 20 gallons in normal capacity.  Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof.  The containers shall have handles, bails or other suitable lifting devices or features.  Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying.  They shall be of light weight and sturdy construction.  The weight of any individual container and contents shall not exceed 75 pounds.  Galvanized metal containers rubber or fiberglass containers, and plastic containers, which do not become brittle in cold weather, may be used.  Disposable solid waste containers with suitable frames or containers as approved by the director may also be used for storage of residential solid waste.

(b) Commercial solid waste shall be stored in solid waste containers as approved by the director.  The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 11-7.

(c) Solid waste containers which are not approved will be collected together with their contents and disposed of.  (§1711.025, 1978 Code)

Sec. 11-16.  Container location.

(a) Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the city to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.

(b) Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection.  Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.  (§1711.029, 1978 Code)

Secs. 11-17 to 11-21. Reserved.

ARTICLE II

SOLID WASTE

DIVISION 3. COLLECTION AND TRANSPORTATION

Sec. 11-22. Collection.

(a) The city shall provide for the collection of solid waste as follows:

(1) Collection of residential solid waste.  The city shall provide for the collection of all residential solid waste in the city, provided, however, that the city may provide the collection service by contracting with a person, county, or other city or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city.

(2) Other collections.  The city may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof.  However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises.

(b) All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.  (§1711.037, 1978 Code)

Sec. 11-23. Collection frequency.

The collection frequencies shall be set by the board of aldermen.. (§1711.039, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 11-24. Rubbish.

Bulky rubbish shall be collected if directed by the board of aldermen at a time, and in a manner, as directed by the board of aldermen.  (§1711.055, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 11-25. Earth and rock materials.

Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.  (§1711.061, 1978 Code)

Sec. 11-26. Construction debris.

Transportation and disposal of demolition and construction wastes shall be in accordance with this Chapter or Chapter 5, Article IV, Div. 2. (§1711.063, 1978 Code)

Sec. 11-27. Hazardous wastes.

Certain hazardous wastes which require special handling shall be disposed of only in a manner acceptable to state and federal authorities.  (§1711.065, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 11-28. Final disposal landfill.

Solid wastes shall be disposed of at a processing facility or disposal area duly approved by the State. (§1711.075, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 11-29. Severability.

The provisions of this Chapter are severable and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this Chapter. (§1711.097, 1978 Code)

Sec. 11-30. Collection to comply with all laws, rules and regulations.

The storage, collection, processing and disposal of all solid waste shall be managed in accordance with and performed in accordance with all local and state laws, rules and regulations including obtaining appropriate and applicable local and state permits. (Ord. 50)

Sec. 11-31.  Maintenance and use of vehicles for collection.

All motor vehicles used to collect or transport solid waste shall be properly maintained and in good operating condition including kept in a clean and sanitary condition.  All such motor vehicles shall have appropriately installed equipment to prevent littering during periods of collection. (Ord. 50)

Sec. 11-32.  Health and safety of collectors.

The director shall make, amend, enforce and revoke reasonable and necessary rules and regulations, in accordance with the provisions of Sec. 11-7, which shall provide for the health and safety of all collectors, such rules and regulations to be in compliance with all applicable local, state and federal laws, rules and regulations applicable to the same.  (Ord. 50)

Secs. 11-33 to 11-35. Reserved.

ARTICLE II

SOLID WASTE

DIVISION 4. VIOLATION AND PENALTY

Sec. 11-36. Penalty.

Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day’s violation thereof shall be a separate offense for the purpose hereof.  (§1711.099, 1978 Code)

Secs. 11-37 to 11-41.  Reserved.
ARTICLE II
SOLID WASTE
DIVISION 5.  RATES
Sec. 11-42.  Billing.

The city clerk or such other city official who is responsible for preparing utility and other service charge billings for the city, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for. (§1713.005, 1978 Code)

Sec. 11-43.  Nonpayment of bills.

The system of services established by the provisions of this Chapter hereof is designed as an integral part of the city’s program of health and sanitation, to be operated as an adjunct to the city’s system for providing potable water and the city’s system for providing sewerage disposal.  The city may enforce collection of such charges by bringing proper legal action against the occupant of any premises which has received such services, to recover any sum due for such services plus a reasonable attorney’s fee to be fixed by the court. (§1713.007, 1978 Code)

Sec. 11-44.  Rates – General.

There is hereby imposed, for the collection and disposal of solid waste, a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this Chapter, a fee, or fees, to be established by the board of aldermen.  (§1713.009, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 11-45 to 11-49.  Reserved.

ARTICLE II

SOLID WASTE

DIVISION 6. BURNING

Sec. 11-50. Burning in streets.

Any person or persons, firm or corporation, who shall burn or suffer to burn upon any street, alley, sidewalks, parkway or any thoroughfare of this City, any rubbish, leaves, wood, oil, gasoline, or any other combustible matter shall be deemed guilty of a misdemeanor.  (§1731.023, 1978 Code)

Sec. 11-51.  Burning prohibited.

(See Section 11-8)  (§1731.039, 1978 Code)

Secs. 11-52 to 11-56.  Reserved.