HomeMy Public PortalAboutORD08320 AD
� BILL NO. G _ ! A,._5 .
INTRODUCED BY COUNCILMAN
ORDINANCE NO. 3�n
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE NUMBER 7948 OF THE OF THE CITY REGULATING THE COLLECTION,
REMOVAL AND DISPOSAL OF GARBAGE, TRASH AND RUBBISH, AND OTHER
RELATED MATTERS, IN THE CITY, AND PROVIDING A PENALTY, AND ENACTI
A NEW ORDINANCE RELATING TO THE SAME SUBJECT, AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 20. 560. Title. Sections 20. 560 through 20. 760 shall
be known and cited as the "Garbage and Trash Code of the City of
:. Jefferson, Missouri. "
Section 20. 570. Authority and Purpose. Pursuant to the
authority contained in Sections 66.460-66.487, 71.680-71. 690 and
94. 110 of the Revised Statutes of Missouri, 1961, and any amend-
ments hereafter made thereto, it is the purpose of this ordinance
to regulate, control and prohibit, as hereinafter applicable, the
collection, transportation, disposal, burning and storage of, and
, other related matters pertaining to, garbage, trash and rubbish
within this city.
Section 20. 580. Definitions . When used in Sections 20. 560
through 20. 760 the following words , terms and phrases shall have
the following meanings:
(a) Authorized contractor - The person with whom the city
has contracted for the collection, transportation and disposal of
garbage from all premises within the city.
(b) Business user - Every hospital, hotel, motel, drug
store, grocery store, meat market, tavern, restaurant, lunch
counter, drive-in, private club, church, school, retail shop,
factory, office, industrial or manufacturing concern, and any
other commercial enterprise within the city.
(c) City - The City of Jefferson, Missouri, a municipal
corporation which, territorially, shall include all territory
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within the corporate limits of the city as such limits now exist
or may from time to time be extended or retracted.
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(d) Container - A watertight, galvanized metal or durable
plastic container equipped with a handle or handles to facilitate
simple handling and a tight fitting lid of a capacity of thirty
(30) gallons or less which when containing garbage, trash, or
both, shall not weigh in excess of one hundred (100) pounds .
(e) Garbage - All refuse and waste of animal, fruit or
vegetable matter, liquid or otherwise, that attends the preparation,
cooking and use of meat, fish, fowl, fruit or vegetables, and the
trimmings therefrom, within the city.
(f) Health Officer - The appointed Public Health and
Restaurant Inspector of the city.
(g) Licensed Collector - Any person licensed by the city
to collect, transport and dispose of trash under the terms of this
ordinance.
(h) Person - Any person, husband and wife, firm, partner-
ship, association or corporation.
(i) Residential User - Any person, or family unit, living
in a home, apartment, duplex, housetrailer or other form of private
dwelling within the city, using the service of the authorized
contractor to remove garbage, trash, or both, from the premises
occupied by the user.
(j) Rubbish - Grass , leaves , shrubbery or plants, or
trimmings therefrom, trees, tree limbs, *weeds or the burned
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residue therefrom.
(k) Trash - Paper, food and drink containers, bottles,
glass, cans, crockery, packaging containers and the burned residue
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thereof.
Section 20. 590. Garbage, exclusive franchises exceptions;
term of franchise extension thereof. 1. The authorized
ontractor shall have the sole and exclusive right to collect,
transport and dispose of garbage from all structures and premises
within the city; provided, however, that nothing in this ordinance
shall be construed to prohibit (a) the disposition of garbage in
an approved mechanical garbage disposal unit; or (b) the disposal
of garbage in an incinerator enclosed within a building and
pproved by the Health Officer, or (c) the removal by any person of
his own garbage and disposal thereof at the disposal area of the
authorized contractor or on the owner ' s premises in a sanitary
manner to prevent a nuisance or hazard to the health of the public
Section 20.600. License of authorized contractor. On
December 1, 1970, and on the same day of each succeeding year
during the term of the franchise, the authorized contractor shall
pay to the collector of the city an occupation tax for the
exclusive right and privilege of removing all of the garbage, and
the right in common with other authorized collectors to remove
trash, from all premises within the city in the amount of $50.00
plus $10.00 for each vehicle used by the authorized contractor in
the collection and transportation of garbage and trash from
premises within the city.
Section 20.610. Bond and insurance requirements . The
authorized contractor shall post a surety bond, to be approved by
the Mayor, with the city clerk., in the amount of $5,000.00 to
guarantee to the city and be conditioned upon the authorized
contractor' s performance of his obligations and duties under the
terms of the franchise. The authorized contractor shall obtain
and maintain during the term of the franchise, or any extension
thereof, Workmen 's Compensation insurance and Public Liability
and Property Damage insurance in the minimum amounts of $50,000.00-
$100,000.00 - $10,000.00 covering all vehicles operated by the
,authorized contractor under the franchise, and the insurance
carrier shall file with the city clerk a certificate, showri ng the
aforementioned insurance coverages , which shall provide that the
insurance of the authorized contractor shall not be cancelled by
the insurance carrier without thirty (30) days previous notice in
writing to the city. The authorized contractor shall indemnify
and hold harmless the city from any and all actions, causes of
action, damages , claims, demands, suits or judgments resulting
from the actions of the authorized contractor, or the agents,
servants and employees thereof, in the performance of the
obligations and duties of the authorized contractor under the
terms of the franchise.
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Section 20.620. Charg s of authorized contractor.
1. The authorized contractor shall charge a residential
user $4.00 each month for the collection, transportation and
disposal of garbage, or garbage and trash, or both, from each
container of the user.
At the sole option of the cust. . :::.•, the customer may
purchase thirty gallon or more plastic bags from the contractor
for a charge not to exceed thirty (.30) cents per bag. This charge
shall be the total cost per bag for the collection, transportation
and disposal of said bag of garbage or trash
These rates of charge shall not be changed during the
term of the franchise without the consent of the City Council.
2. The authorized collector may charge such rate as may
be negotiated with the business user for the collection, removal
and disposal of the garbage, trash, or both, of the business user.
If a rate cannot be negotiated for the collection, removal and
disposal of garbage, the Health Officer of the city shall fix a
reasonable monthly charge for such service, after taking into
consideration the time consumed in providing service and the
volume of garbage involved. The decision of the Health Officer
shall be final unless either party files a written notice of
intention to appeal to the Health Committee of the city within
twenty-four (24) hours thereof. The rate determination by the
Health Committee shall be final. If a rate for the removal of
garbage is negotiated or fixed by the Health Officer or the Health
Commmittee and accepted by the business user, the business user
shall be entitled to use the services of any other licensed
collector for the removal of trash from his premises unless a rate
of charge for the removal of the trash of the business user may be
negotiated with the authorized contractor.
3. The authorized contractor shall allow any resident of
the city to dispose of their garbage, trash or rubbish at the
disposal area of the authorized contractor, upon the payment of
the fee established prior to October 1, 1970, in a schedule of
charges published by the contractor with the approval of the City
Council. The schedule of charges shall not be changed during the
term of the franchise, or any extension thereof, without the
consent of the City Council.
4. The authorized contractor shall collect all charges
from users of his services or facilities; provided, however, such
charges may be required to be paid in advance on a monthly,
bi-monthly or quarterly basis, and if so required and not paid,
the authorized contractor may refuse service to such user failing
to pay in advance. Service may be discontinued to any customer
who fails to pay for same within thirty (30) days after being
billed therefor. Upon discontinuance of service for non-payment,
customer shall pay to the authorized contractor a reinstatement
charge of $1.00, in addition to the regular service charge due, to
have service reinstituted. In the event any user pays in advance
and then discontinues service before the expiration of the service
period for which payment has been made, the authorized contractor,
upon demand, shall immediately refund on a pro rata basis the
unearned portion of the payment advanced for service.
The authorized contractor shall notify the Health
Officer of the name, address , or both, of any resident in the city
that does not use the service of the authorized contractor in the
collection, transportation and disposal of garbage.
If a residential user elects to purchase plastic bags
from the contractor for use in the disposal of garbage, he may
purchase any number of bags desired above a minimum purchase of
ten (10) bags .
Section 20.630. Operation of Disposal Facility. All
garbage, trash, and refuse collected by the authorized contractor
or accepted for disposal shall be buried and covered by the
sanitary landfill method, and the authorized contractor shall
observe and comply with all requirements of Sections 66.460 -
66.487, Revised Statutes of Missouri, 1961, as hereafter amended,
and such rules and regulations promulgated by the Board of Health
of Missouri pursuant thereto. The disposal area of the authorized
contractor shall be located with the approval of the City Council
and the location of the disposal area shall not be changed without
the consent of the City Council.
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Section 20. 640. Frequency of Collections .
1. The authorized contractor shall make two collections
each week for residential users , and at least seventy-two (72)
hours shall intervene between collections . Collection of plastic
bags may be at the curbside or rear lot line of the user, as the
contractor shall designate.
2. The authorized contractor shall make any additional
collections requested by residential users and be entitled to make
an additional charge therefor to be negotiated with the residential
user requesting such service.
3. The authorized contractor shall make daily, or with
such frequency as may be necessary, collections for business users.
4. The authorized contractor shall not be required to
make collections on Sundays or Legal Holidays for any user.
Section 20. 650. Containers, use of. Every container shall
be kept tightly closed between collections or removals of its
contents. Each residential user shall provide their own container.
Liquids shall not be placed in a container with garbage, trash, or
both. No person shall. place any garbage, trash, or both, in a
container other than his own. No person shall permit: the garbage,
trash, or both, of another person to be placed in his container.
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Each residential user shall place their container at the ground
level to the rear, outside and immediately adjacent to the user' s
dwelling so that the authorized contractor shall have free access
thereto, unless the authorized contractor shall agree to a
different location for the container.
Section 20.660. Office and disposal area to be open. The
authorized contractor shall have an office in the city, equipped
with telephone and adequate personnel to accept calls and collect
charges. The authorized contractor shall keep the office and the
disposal area open to the public between the hours of 8:00 a.m.
and 5:00 p.m. , Monday through Friday of each week, excluding legal
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holidays, and between the hours of 8:00 a.m. and 12:00 noon on
Saturday of each week when not a legal holiday.
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Section 20.670. Authorized contractor' s equipment. In the
removal and transportation of garbage, trash, or both, the
authorized contractor shall use only vehicles with sanitary, leak
proof and enclosed beds. While operated, the openings in the bed
of the vehicle shall be kept closed except when garbage, trash, or
both, is being deposited in the bed of the vehicle. The inside of
the bed of each vehicle shall be washed and cleaned each day the
vehicle is operated. The outer surface of the vehicle shall be
washed at least once each week and shall be painted as often as
may be necessary to preserve an acceptable appearance to the city.
Section 20. 680. Garbage operations by others prohibited.
No person, other than the authorized contractor, shall either
collect, remove, transport or dispose of the garbage of any other
person from any premises within this city. No person shall have,
or allow, his garbage to be either collected, removed, transported
or disposed of by any other person, other than the authorized
contractor, provided, however, a person inay collect, remove,
transport and dispose of his own garbage at the disposal area of
the authorized contractor.
Section. 20. 690. Garbage and trash regulations . No person
shall store or place any garbage or trash, other than paper, on
any property owned, occupied or controlled by him unless such
'materials are stored in a tightly enclosed container. The user of
the container shall cause the contents thereof to be emptied and
removed from the premises at least once each week.
A person shall not allow garbage or trash to
exist or accumulate on any property owned or occupied by him;
provided, that this provision shall not apply to tenants of the
owner storing garbage and trash only in a tightly enclosed
container on the leased premises .
A person shall not place, permit to be
placed, or allow to exist or accumulate, outside of any building
on premises owned, occupied or controlled by him, any paper unless
it is confined in a manner to prevent its scattering by animals or
the elements .
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A person shall not burn any garbage in this
city except in an approved incinerator. A person shall not burn
any trash in this city except in an approved incinerator, except
that, a person may burn paper on property owned, occupied or
controlled by him in accordance with all applicable ordinances of
the city.
A person shall not permit any other person
to burn garbage or trash on property owned, occupied or controlled
by him, except that (a) a person may permit a member of his
immediate family to burn paper Only on such property in accordance
with all applicable ordinances of the city, and (b) this provision
shall not apply to tenants of the owner of such property when
burning paper only on the property in accordance with all
applicable ordinances of the city.
A person shall not place any garbage, trash
or rubbish on any public property within the city or on any
private property within the city not owned, occupied or controlled
by such person.
Section 20. 700. Licensed Collectors. No person, other than
the authorized contractor, shall collect, transport, remove or
dispose of the trash of any other person without first paying an
Onnual occupation tax in the amount of $15.00 plus $10.00 for each
vehicle used in such business to, and obtaining from, the city
collector, a license to engage in such business.
Section 20.710. Licensed collector not to handle garbage.
A licensed trash collector shall not collect, transport, remove or
dispose of garbage, and upon the institution of a prosecution for
the violation of this section, it shall be conclusively presumed
that a licensed trash collector has knowledge, at all times, of
all materials being transported in the equipment used by the
licensed collector.
Section 20.720. Licensed collector's equipment. All motor
WWI, vehicle equipment used by a licensed collector of trash shall be
leak proof and while used for hauling trash shall be covered with
a tarpaulin or so enclosed as to prevent the escape of such trash
from the vehicle.
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Section 20.730. Presumption to apply. In a prosecution for
a violation of any of the provisions of Sections 20. 560 through
20. 740, proof that the violation specified in the complaint or
information, together with proof that the defendant named in the
complaint or information was at the time of the alleged violation
the owner or occupier of the premises where the violation occurred,
shall constitute in evidence a prima facie presumption that the
owner and/or occupier of the premises where the alleged violation
occurred was the person who violated the provision of Sections
20.560 through 20. 740, specified in the complaint or information.
Section 20. 740. Penalty Clause. Any person violating any of
the provisions of Sections 20. 570 through 20. 760 shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than one hundred ($100.00) dollars,
or by imprisonment in jail for not longer than ninety (90) days,
or by both such fine and imprisonment.
Section 20. 750. Repeal Clause. Ordinance Number 7948 of the
City of Jefferson, Missouri, is and it is hereby, repealed.
Section 20. 760. Effective Date. This ordinance shall take
effect and be in force as of December 1, 1970, from and after its
passage and approval.
Passed Approved 17 IJ��
"4/�J 01
P si ent of the Counc Mayor
Attest
ity Clerk
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