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HomeMy Public PortalAboutORD14487 SUBSTITUTE By Councilwoman Carroll BILL NO. 2008-139 SPONSORED BY COUNCILMAN MEDIN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 30 (SOLID WASTES), ARTICLE I. (GENERALLY), SECTION 30-1 (DEFINITIONS) AND SECTION 30-2 (SOLID WASTE STORAGE) OF THE CODE OF THE CITY OF JEFFERSON PERTAIN TO TRASH. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 30 (Solid Wastes), Article I (Generally), Section 1 (Definitions) of the Code of the City of Jefferson, Missouri, is hereby amended as follows: Sec. 30-1.Definitions. For the purposes of this chapter,the following words and phrases shall have the following meanings: Authorized Collector. A person with whom the city has contracted for the collection, removal and disposal of garbage and rubbish. Bu&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 transportation vehicles by solid waste collectors, with the normal equipment used therefor. Such items include automobiles and appliances. Business. Stores,restaurants,hotels,offices,wholesale establishments,retail establishments,hospitals, plants,shops,manufacturing establishments.schools and churches.the term shall not be construed to include residences,duplexes,and multi-family dwellings.) , , Bulk container. Any detachable metal container designed or intended to be mechanically dumped into the packer-type garbage truck used by the trash collector and varying in size from one to eight(8)cubic yards. Collection. Removal of solid waste from the designated pickup location to the transported vehicle. Commercial. All multi-dwellings and businesses. Commercial solid waste. Solid waste resulting from the operation of any commercial,industrial,institutional or agricultural establishment. Drafter's Note: Deleted text is shown tams. Inserted text is shown thus SUBSTITUTE By Councilwoman Carroll Demolition and construction waste. Waste materials from the construction or destruction of residential, industrial or commercial structures. city; Duplex. The term"duplex" shall mean a detached two (2) family structure designed or intended for occupancy bv two(2)families. Garbage. All waste and accumulation of animal, fruit, or vegetable matter that attends or results from the preparation, use, handling, cooking, serving, or storage of meats, fish, fowl, fruit, vegetable matter of any nature whatsoever which is subject to decay,putrefaction,and the generation of noxious and offensive gases or odors,or which may serve as breeding or feeding material for flies and other germ carrying insects. Garbage cans. Any cylindrical light gauge steel,plastic,or galvanized receptacle,closed at one end and open at the other,furnished with a top or lid and two(2)handles and of not more than thirty-gallon capacity and not weighing more than seventy-five(75)pounds when full. Hazardous waste. Any waste or combination of wastes which is determined by the state department of natural resources,pursuant to rules and regulations adopted by the hazardous waste management commission,because of its quantity,concentration,or physical,chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or other living organisms. Health officer. The Director of the Department of Community Development,or his designated representative. (Ord.No. 13301, 11-5-2001). Multi-family dwelling. Any building or structure containing four (4)three(3)or more cvntignotrs living units and intended exclusively for residential use excluding duplexes. Occupant or"occupies"or"occupy"). 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 a tenant. Residence. A detached single-family structure designed or intended for occupancy by one person or by one family. Each mobile home in a noncontainerized area shall be deemed a"residence"and each pad space shall be deemed a single-family structure. Residential solid waste. Solid waste from a residential user. Residential user. Any person,or family unit living in a home,apartment,duplex,mobile home,or other form of private dwelling within the city. RUBBISH, Refuse such as wastepaper, rags,cartons,boxes,excelsior,leather,cloth materials,shrub trimmings tied in bundles,not to exceed four feet in length,yard trimmings,cans. lastics Ig ass,crockery,ashes, and clinkers from heating plant furnaces,or other materials light in weight and easily handled or a combination of any two or more of the foregoing types of materials.This term shall not include ashes or cinders from other than household or small heating 1p ants,tree limbs,street sweepings,catch-basin murk,concrete,dirt,concrete Drafter's Note. Deleted text is shown thm. Inserted text is shoxvn thus. 2 SUBSTITUTE By Councilwoman Carroll mortar or plaster mortar, stones, bricks, scrap metal or other similar construction materials, or materials resulting from the erection or destruction of buildings. Solid waste. Unwanted or discarded waste materials in a solid or semi-solid state,including but not limited to garbage,trash,paper,ashes,street refuse,rubbish,dead animals,animal and agricultural wastes,yard wastes,special wastes,industrial wastes,and demolition and construction wastes. Solid waste container. Receptacle used by any person to store solid waste during the interval between solid waste collections,including disposable solid waste containers,bulk containers,and garbage cans. Solid waste disposal. The process of discarding or getting rid of unwanted material. In particular, the final disposition of solid waste by humans. 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. Transportation. The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area. Yard wastes. Grass clippings, leaves, tree trimmings. (Ord.No. 9921, § 2(18-1),2-7-83) Section 2. Chapter 30 (Solid Wastes), Article I (Generally), Section 2 (Solid Waste Storage) of the Code of the City of Jefferson, Missouri, is hereby amended as follows: Sec.30-2.Solid waste storage. A. The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the city, shall obtain or provide sufficient and adequate 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. Such solid waste containers shall be maintained at all times in good repair. B. The occupant or owner 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. C. All garbage and rubbish,as defined in 130-1,within the city,shall be collected,removed and disposed of by an authorized collector,in accordance with and subject to the provisions of this chapter. D. The owner of any occupied residence, duplex, or multi-family dwelling shall be required to Drafter's Note: Deleted text is shown+t". Inserted text is shown thus. 3 SUBSTITUTE By Councilwoman Carroll provide for the removal and disposal of the a2 rbage and rubbish from that structure in the manner required by this chapter,provided however that the owner of such a building may discharge the owner's duty under this section by having a written agreement with the current occupant of the building which specifies that the occupant shall be responsible for providing trash service at the occupant's sole cost. E. It shall be unlawful for the owner or possessor of an occupied residence,duplex, or multi- family dwelling or other building operated or used for a residential,commercial or industrial use to not maintain garbage and rubbish dis osal service. GF. Residential solid waste shall be stored in containers of thirty (30) gallons or more capacity. All containers shall be leakproof,waterproof, and fitted with a fly-tight lid and shall be properly covered or closed at all times except when depositing waste therein or removing the contents thereof. Garbage cans and bulk containers shall have handles,bails or other suitable lifting devices or features. Each residential user shall place its cans erbagsat the ground level to the front or rear,outside and immediately adjacent to the user's dwelling so the collector shall have free access thereto,unless the collector shall agree to a different location. BG. Commercial solid waste shall be stored in solid waste containers as approved by the health officer. Containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof. E. Tme firnbs!cis Hnni f6tv (4)inches in diameter and brtish simii be sccaleiy tied in bandles not laigcr than fbrty-ei ht(48)imilles lutig and eighteen(18)inclics hi diintete, Mictinot pl=ed in s rs. :Fhewcigh F H. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served,upon adjacent premises,or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five(75)pounds. G I. Nothing in this chapter shall be construed to prohibit: 1. The disposition of garbage in an approved mechanical garbage disposal unit. 2. The disposal of garbage in an incinerator enclosed within a building and approved by the health officer. 3. The removal by any person of his own solid wastes and disposal thereof at the disposal area of a licensed collector or on the owner's premises in a sanitary manner to prevent a nuisance or hazard to the health of the public. 4. A commercial or industrial establishment from contracting with a company which collects solid waste for separation and recycling. J. Violation of this section shall be punishable bv a fine of not less than$50.00. Drafter's Note: Deleted text is shown 4hea. Inserted text is showm thus. 4 SUBSTITUTE By Councilwoman Carroll (Ord.No. 9921, §2(18-2),2-7-83) Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: - off' G' Approve - � - 5� cG' r P esiding Officer Mayor A EST: APPROVED AS TO FORM: ity Clerk City ounselor Drafter's Note: Deleted text is shown thew. Inserted text is shown thus. 5