Section 110-348; Ord. 20341; Amending Chapter 22 of the City Code as it relates to refuse collection


Ordinance No. 20341                            Council Bill No. B 188-09

     AN ORDINANCE

amending Chapter 22 of the City Code as it relates to refuse collection; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Chapter 22 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 22-156. Definitions.

    For the purpose of this article, the following words and terms shall have the meanings respectively ascribed:

    Battery, or lead-acid battery. A battery designed to contain lead and sulfuric acid with a nominal voltage of at least six (6) volts and of the type intended for use in motor vehicles and watercraft.

     Bioreactor landfill.  A landfill to which liquid is added to actively manage decomposition of waste and enhance gas recovery.

. . .

Sec. 22-158. Prohibitions.

    (a)      Unlawful items. The city shall not collect for disposal at its sanitary landfill, nor shall it accept for disposal at its sanitary landfill, the following items:

     (1)    Hazardous waste.

     (2)    Household hazardous waste.

     (3)    Infectious waste which has not been rendered innocuous.

     (4)    Lead-acid batteries.

     (5)    Tires which have not been cut, chipped or shredded in accordance with RSMo chapter 260.

     (6)    Major appliances.

     (7)    Waste oil from motor vehicles.

      (8)    Yard waste (except at designated compost areas).

    (b)      Unlawful acts.

     (1)    It shall be unlawful for any person to conceal or attempt to conceal any unlawful items in refuse to be collected by the city or deposited in the city's sanitary landfill. The director shall be authorized to cause inspection of any materials brought to the landfill to assure conformance with this requirement.

    (2)    It shall be unlawful for any person to utilize the refuse containers or bags of another for the disposal of his own refuse or garbage.

      (3)    It shall be unlawful for any person to deposit yard waste at curbside for pick up which is not in a city bag marked specifically for yard waste or in the case of brush or limbs, in bundles exceeding the allowable dimensions hereinafter described.

     ( 4 3)    It shall be unlawful for any person to deliver, deposit, drop off or set out at any residential yard waste site any materials, substances or thing other than yard waste from that person's personal residence.

     ( 5 4)    It shall be unlawful for any person to dispose of any refuse by depositing the same in any public alley, street, roadway, vacant lot or property of any kind or character within the city or in any stream or body of water within the city, or by burning garbage. However, nothing in this section shall be construed to prohibit the disposition of refuse by means of burning the same in an incinerator enclosed within a building and complying with applicable state law.

     ( 6 5)    It shall be unlawful for any person to block, either by parking a motor vehicle or by placing any barriers or other restrictive devices, the access to any refuse storage container by the city collection vehicles.

     ( 7 6)    Information obtained from waste disposed or deposited in violation of this section may be a rebuttable presumption that the person so identified committed the violation of sections 22-158(b)(2) and (4).

     ( 8 7)    Except as otherwise provided in this subsection, it shall be unlawful for any person to take, open or remove the contents of, commingled recycling bag placed near the street for collection by the city. This subsection (b)(8) shall not apply to city refuse collectors performing their job duties.

Sec. 22-159. Residential customers.

    (a)      Rates. Residential service shall consist of the removal of refuse, in bags provided by the city or approved by the director, or in centralized containers set for grouped residential units as approved by the director, once weekly. The fees for such service shall be as follows:

. . .

    (b)      Refuse bags and yard waste bags. Residential customers shall be provided refuse bags by the city at the rate of twenty-five (25) bags every four (4) months and yard waste bags at the rate of ten (10) bags per year. Additional refuse bags will be made available for sale to the customer at a cost and location to be determined by the director. Additional yard waste bags will be made available for sale at the price of fifty cents ($0.50) per bag at locations determined by the director.

. . .

    (f)      Unlawful to place refuse at curb, when:

     (1)    It shall be unlawful for any person, partnership or corporation to place or allow any refuse, with the exception of grass clippings, leaves or brush, to remain at the curb or edge of the roadway, or in any other open and unscreened area accessible to animals, on any day other than the scheduled day of collection of refuse for that location. The "day of collection" is hereby defined to be the period from 4:00 p.m. of the day preceding collection until 6:00 p.m. the day of collection.

     (2)    The person or persons in whose name the refuse account is maintained and the owners of record of the property on which the refuse , or garbage, with the exception of or grass clippings, leaves or brush, is placed or allowed to remain shall be prima facie responsible for its placement and maintenance in violation hereof.

     (3)    Violation of this subsection shall constitute a Class "C" misdemeanor pursuant to the provisions of chapter 16, article II of this Code.
. . .

Sec. 22-160. Apartments in excess of four units per structure.

    (a)      Refuse collection containers. Bulk refuse storage containers shall be provided in lieu of refuse bags by the city for apartments in excess of eight (8) units. It shall be within the discretion of the director to determine whether or not to place bulk storage containers for use of apartments containing less than eight (8) units per structure. If bulk refuse containers are not placed at these structures, rates and provisions for bags for residential customers shall apply.

     (b)     Yard waste collection container. The owner or manager of an apartment complex having a bulk refuse storage container shall be provided yard waste bags at the rate of up to five (5) bags per apartment unit per year. The director shall be empowered to provide bulk yard waste storage containers in lieu of bags.

    ( c b)     Collection methods and rates. The following collection methods and rates shall apply to apartment complexes with more than four (4) units per structure:

 . . .

    ( d c)     Use of bulk storage containers. The owner or manager of any such apartment complex, regardless of the collection method applicable, shall maintain a bulk storage container as approved by the director. It shall be the duty of every occupant, tenant, lessee and owner to place the daily accumulation of refuse in the container required above and when placing garbage in such container, to eliminate, as far as possible, all water and liquid from such garbage, and to securely wrap garbage in paper before placing the same in such container. It shall be unlawful for any person to deposit yard waste in a bulk refuse storage container.

    ( e d)     Size of container. The director shall determine the size and type of bulk storage containers to be placed at the apartment complex based upon the number of residential units and shall determine the number of times the containers shall be emptied. If additional pickups are needed, the director is authorized to set rates by duly promulgated regulation for the additional pickups, which shall not exceed the actual cost of service.

    ( f e)     Collection and pickup. Pickup shall be available once daily, except Sundays and legal Holidays, and shall be made as determined necessary by the director.

    ( g f)     Upkeep and maintenance. The owner of the premises shall bear the sole responsibility for upkeep and maintenance of private drives, parking lots or other paved surfaces over which city vehicles must travel to reach bulk storage containers.

Sec. 22-161. Commercial service.

    (a)      Customer responsibility. Commercial customers shall comply with the following requirements:

     (1)    Every person owning, managing, operating, leasing or renting any commercial premises where excessive amounts of refuse accumulate shall maintain a metal bulk storage container or containers, approved by the director, of sufficient size to contain all refuse which the establishment accumulates between collections.

. . .

     (4)    It shall be unlawful for any person to deposit yard waste in a bulk refuse storage container.

     ( 5 4)    It shall be unlawful for any person required to maintain a metal bulk storage container or containers to allow refuse to be deposited anywhere except within the container or to allow the container to become overly filled to the extent that all material cannot be confined to the container.

    (b)      Commercial collection methods and rates. The following refuse collection methods and rates shall apply to commercial customers as approved by the director.

    (1)     Commercial hand pickup:

. . .

     (5)    Bulk yard waste container. Bulk yard waste containers may be provided to commercial customers and collected by the city with rates set by the director not to exceed the cost of providing the service.

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    SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 20th day of July, 2009.