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HomeMy Public PortalAboutORD07948 ,r 9 BILL NO. -119 a INTRODUCED BY COUNCILMAN: STONE. VAN LOO, SCRIVNER, KLIEGEL & HAWES 7gNg ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE NUMBER 7644 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 ENACTING 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. 5 60. Title: Sections 20,5 60 through 20.7 60 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 con- tained in Sections 66. 460-66. 487, 71. 680-71. 690 and 94. 110 of the Revised Statutes of Missouri, 1961, and any amendments Jaereafter made thereto, it is the purpose of this ordinance to regulate, control and prohibit, as herein- after 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 corpor- ation which, territorially, shall include all territory within the corporate limits of the city as such limits now exist or may from time to time be ex- tended or retracted. (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, partnership, 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 there- from, trees, tree limbs, weeds or the burned residue therefrom. (k) Trash. - Paper, food and drink containers, bottles, glass, cans, crockery, packaging containers and the burned residue thereof. Section 20. 590. Garbage, exclusive franchise, exceptions: term of franchisees extension thereof. 1. The authorized contractor 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 approved by the Health Offi- cer, 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 October 1, 1967 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 con- tractor shall post a surety bond, to be approved by the Mayor, with the city clerk in the amount of $5,00 0. 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 Compensa- tion 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, showing the aforementioned insurance cover- ages, 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 harm- less the city from any and all actions, causes of action, damages, claims, de- mands, suits or judgments resulting from the actions of the authorized contractor, or the agents, servants and employees thereof, in the performance of the obliga- tions and duties of the authorized contractor under the terms of the franchise. Section 20. 620. Charges of authorized contractor. 1. The authorized con- tractor shall charge a residential user $2.38 each month for the collection, trans- portation and disposal of garbage, or garbage and trash, from each container of the user. This rate of charge shall not be changed during the term of the franchise without the consent of the city council. -2- 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 con- sideration 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 Committee 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 nego- tiated with the authorized contractor. 3. The authorized contractor shall allow any resident of the city to dis- pose of their garbage, trash and rubbish at the disposal area of the authorized contractor upon the payment of the fee established in a schedule of charges by the contractor with the approval of the city council. The schedule of charges for this service 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 discon- tinuance of service for non payment, customer shall pay to the authorized con- tractor 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 ad- vanced 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. 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. Section 20. 640. rrequency 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. 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. -3- 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. Each residential user shall place their container at the ground level to the rear, outside and imme- diately 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 holidays, and between the hours of 8:00 a.m. and 12:00 noon on Saturday of each week when not a legal holiday. 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 appear- ance 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 con- tractor, provided, however, a person may 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 con- tainer. 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 con- tainer on the leased premises. A person shall not place, permit to be placed, or allow to exist or accumu- late, 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. A person shall not burn any garbage in this city except in an approved in- cinerator. 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. -4- 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. 0 I tzuf381514 A person shall not place any garbage w trash�on any public property within the city or on any private property within the city not owned, occupied or con- trolled 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 annual 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 con-- clusively presumed that a licensed trash collector has knowledge, at all times, of all materials being transported in the equipment used by the licensed collector. d Section 20.720. Licensed collector's egu12ment. All motor vehicle equip- ment 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. Section 20.730. Presumption to a221y. In a prosecution for a violation of any of the provisions of Sections 20.560 through 20.740, proof that the violation specified to 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 con- stitute 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 $100.00, 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 7644 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 October 1, 1967 from and after its passage and approval. XApproved•K4 nt of the Con it Mayor Attest: )City Clerk -5-