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*Cross reference(s)‑‑Environment, ch. 34; utilities, ch. 86.
State law reference(s)‑‑Solid waste management act, MCL 299.401 et seq., MSA 13.29(1) et seq.; hazardous waste management act, MCL 299.501 et seq., MSA 13.30(1) et seq.; waste minimization act, MCL 299.731 et seq., MSA 13.30(131) et seq.; low-level radioactive waste authority act, MCL 333.26201 et seq., MSA 14.528(362) et seq.
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Sec. 70-1. Definitions.
Sec. 70-2. Enforcement.
Sec. 70-3. Violation penalties.
Secs. 70-4‑‑70-25. Reserved.
Sec. 70-26. Garbage containers.
Sec. 70-27. Trash containers.
Sec. 70-28. Lids and covers of refuse containers.
Sec. 70-29. Placement of cans.
Sec. 70-30. Use of plastic bags for garbage.
Sec. 70-31. Reserved.
Sec. 70-32. Refuse bins.
Sec. 70-33. Reserved.
Sec. 70-34. Inspection of garbage and trash receptacles.
Sec. 70-35. Depositing garbage or trash in other than authorized containers prohibited.
Sec. 70-36. Use of containers.
Sec. 70-37. Public trash receptacles.
Secs. 70-38‑‑70-60. Reserved.
Sec. 70-61. Scope of service provided by the city.
Sec. 70-62. Curbside depositing of garbage, trash or refuse by authorized persons only.
Sec. 70-63. City pickup of trash and refuse.
Sec. 70-64. Trash and refuse from business and commercial establishments and institutions.
Sec. 70-65. Collection days.
Sec. 70-66. Refuse collection and dump fees.
Sec. 70-67. Compulsory removal; lien.
Sec. 70-68. Scavengers or cardboard collectors.
Sec. 70-69. Reserved.
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ARTICLE I. IN GENERAL
Sec. 70-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal offal means meat scraps, bones or other wastes resulting from the processing of meat and shall include dead animals to be processed for their commercial value.
Business, commercial establishment or institution means and includes any building or structure or premises not defined as a residence.
Commercial garbage means any garbage produced by a business, commercial establishment or institution.
Garbage means all putrescible wastes from kitchens, pantries, dining rooms, or other parts of hotels, restaurants, boardinghouses, tenement houses, dwelling houses, markets, butcher shops, poultry houses, produce houses, factories, and any other place where meats, fish, fowls, fruits, or vegetables are prepared for food for immediate consumption and all household waste containing organic matter that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food, or such other worthless offensive matter the accumulation of which may create a nuisance or be deleterious to public health or offense to sight or smell.
Premises means land, buildings, or other structures, or parts thereof, upon or in which refuse is stored or accumulated.
Refuse means all putrescible and nonputrescible solid wastes, including garbage, animal offal, rubbish, ashes, dead animals, fallen trees, tree limbs, yard clippings, grass cuttings, yard cleanings, and solid market and industrial wastes, but not including body wastes, automobile frames or debris resulting from construction, reconstruction or repairs of premises.
Residence means any building or structure used solely as a family domicile including single-family and multifamily dwelling units, apartments, roominghouses and boardinghouses. Residence shall not include hotels, tourist courts, motels, motor courts, motor hotels, trailer courts or apartment hotels.
Residential refuse means any refuse, garbage, or trash produced by a family domicile including single-family and multifamily dwelling units, apartments, roominghouses and boardinghouses.
Trash means nonputrescible solid wastes such as cinders, ashes, waste paper, excelsior, rags, wooden boxes or cardboard or paper boxes, bottles, broken ware, tin cans, metal scraps, small mechanical parts, shavings, floor sweepings (excluding dirt floors), and all other things of a similar nature. The term "trash"" as used in this chapter shall not include debris resulting from construction, reconstruction, or repairs of premises, automobile frames, fallen trees, tree limbs, yard clippings, grass cuttings, yard cleanings, nor other waste matter that is not properly contained as specified in this chapter.
(Code 1965, Sec. 13.01; Ord. No. 730, Sec. 1, 12-28-89)
Cross reference(s)‑‑Definitions generally, Sec. 1-2.
Sec. 70-2. Enforcement.
(a) Generally. The code enforcement officer or his authorized representative, in order to protect the health and safety of the people of the city is authorized and directed to implement and enforce the provisions of this chapter and is hereby given the exclusive control of the collection and disposal of refuse within the city.
(b) Specifically. It shall be the duty of any police officer or the code enforcement officer on the information of the county health department sanitarian, or other city officials, to enforce the terms of this chapter through the issuance of a complaint.
(Code 1965, Sec.Sec. 13.02, 13.22)
Sec. 70-3. Violation penalties.
Any person who violates any provisions of this chapter shall be guilty of a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Ord. No. 816, Sec. 22, 2-6-95)
Secs. 70-4‑‑70-25. Reserved.
Sec. 70-26. Garbage containers.
Each owner, occupant, tenant or lessee, using or occupying any building, house, structure, or grounds within the corporate limits of the city where garbage accumulates, shall provide watertight containers for garbage of not less than three nor more than 30 gallons capacity each, constructed of galvanized metal material or of material equal to or better than galvanized metal, with a tightfitting lid or cover of the same material, and with handles sufficiently strong for workmen to empty conveniently. No container, with contents, shall weigh more than 75 pounds. Residential garbage must be drained of all liquids and sacked or wrapped in paper before the parcel is placed in garbage cans or containers. The can or container shall be maintained in a sanitary condition and shall be thoroughly cleaned as needed.
(Code 1965, Sec. 13.03)
Sec. 70-27. Trash containers.
In addition to the receptacles specified for garbage, each owner, occupant, tenant, or lessee, using or occupying any building, house, structure, or grounds within the corporate limits of the city, shall provide receptacles for holding trash as set forth in this section.
(1) Each residence may use the same containers for trash as those specified for garbage in section 70-26.
(2) Each business or commercial establishment where the volume of trash accumulated cannot be conveniently handled in cans shall provide bins or boxes or other approved facilities for the storage of trash. Such bins or boxes shall be constructed of incombustible material and must have self-closing covers. Boxes and bins shall be maintained in a sanitary manner.
(3) All large trash such as boxes, cartons and crates shall be collapsed before being placed in containers. All loose paper must be bundled and tied when placed for collection. Ashes shall not be placed in the same receptacle with any inflammable substance. Explosives, poisons, acids, caustics and infected materials from sick rooms, clinics and hospitals shall not be placed in the same container with other refuse, but shall be placed in a separate tightly covered can painted yellow, so as to designate the contents and make clear to the collector that special precautions are required. No other cans shall be painted yellow.
(4) Debris resulting from the construction, reconstruction or repairs of premises shall not be placed with other refuse for collection, but shall be disposed of directly by the person owning, occupying or leasing the premises wherein such debris is accumulated, by taking the debris to the city-operated landfill, if such a facility is available to the public, or by disposing of the debris through the services of a private hauler.
(5) It shall be unlawful for any person to dump or deposit or cause to be dumped or deposited any garbage in boxes or bins designed for trash. This will be construed to include paper, as well as glass or metal containers, which have been saturated with or still contain organic wastes that may attract insects or rodents, or generate noxious or offensive gases or odors.
(Code 1965, Sec. 13.05)
Sec. 70-28. Lids and covers of refuse containers.
The lids or covers of containers shall at all times be kept secure so that flies and other insects may not have access to the contents thereof, and such lids or covers shall only be removed while the containers and receptacles are being filled, emptied or cleaned.
(Code 1965, Sec. 13.06)
Sec. 70-29. Placement of cans.
(a) The storage of garbage, refuse or debris shall be prohibited in any parkway for a period exceeding twenty-four (24) hours preceding a regularly scheduled garbage pickup day. The containers that are used to house materials such as garbage, refuse or debris shall also be prohibited in any parkway for a period exceeding 24 hours following a regularly scheduled garbage pick-up day.
(b) The storage of garbage, refuse or debris or containers that house these items shall not be placed at any time as to restrict egress from an exit door or beneath a fire escape.
(Code 1965, Sec. 13.07; Ord. No. 795, Sec. 2, 11-15-93)
Sec. 70-30. Use of plastic bags for garbage.
Each owner, occupant, tenant or lessee using or occupying any building, house, structure, or grounds within the corporate limits of the city where garbage accumulates shall have the alternative of using plastic-type garbage bags of good quality of at least two mil tensile strength securely tied at the top to prevent spillage.
(Code 1965, Sec. 13.04)
Sec. 70-31. Reserved.
Editor’s note‑‑Ord. No. 795, Sec. 3, adopted Nov. 15, 1993, repealed Sec. 70-31, which pertained to placement of plastic garbage bags and derived from Code 1965, Sec. 13.08.
(Code 1965, Sec. 13.08)
Sec. 70-32. Refuse bins.
(a) The following words, when used in this section, shall for the purposes of this section have the meanings ascribed to them in this subsection:
Refuse bins means those refuse receptacles designed to be transported by or mechanically emptied into a refuse collection vehicle and does not include receptacles used in office buildings, businesses and single-family dwellings, which are less than 20-gallon capacity.
Substandard refuse bins means those refuse bins which do not meet the stability requirements established in subsection (c) of this section.
(b) All persons owning, leasing or using substandard refuse bins or permitting the placing of such substandard refuse bins on private property within their custody or control are hereby required to ensure the modification or retrofitting of such substandard refuse bins or, in the alternative, removal of such bins from areas of public access.
(c) From and after the dates established in this section, each refuse bin shall be:
(1) Reasonably secured at all times in some manner to a stake, fence, wall or other stationary object in a manner to prevent its tipping over;
(2) Enclosed within a fence or barrier at least four feet high with an access gate which is kept locked or otherwise reasonably protected from unauthorized access; or
(3) Designed, constructed or modified so that it will not tip when subjected to 191 pounds hanging vertically from the leading edge thereof or to a pull force of 70 pounds exerted horizontally from any edge thereof.
(d) No person shall rent, lease, place upon the property of another, or permit to remain upon property within his custody or control any refuse bin which is not secured or protected from unauthorized access or which does not meet the stability requirements established in subsection (c) of this section in the immediate vicinity of a school or schoolyard or elsewhere in the city to which the public has access.
(Code 1965, Sec. 13.21)
Sec. 70-33. Reserved.
Editor’s note‑‑Ord. No. 795, Sec. 3, adopted Nov. 15, 1993, repealed Sec. 70-33, which pertained to placement of trash boxes or bins and derived from Code 1965, Sec. 13.09.
Sec. 70-34. Inspection of garbage and trash receptacles.
Provisions shall be made for regular inspections by the code enforcement officer to secure compliance with this article with reference to receptacles for garbage and trash. Notifications of violations shall be given by the code enforcement officer or his authorized representative, to the owner or occupants of the property upon which violations occur. The notifications shall consist of tagging the defective containers, boxes or bins with red tags marked condemned and with the violation indicated on the tag. If necessary action to remedy a violation as set forth in this section is not taken within 15 days, the city shall have the right to remove the defective container, boxes or bins from the premises on which they are located, destroy or dispose of them and to collect from the owner the costs and expenses of removing and disposing of the same.
(Code 1965, Sec. 13.10)
Sec. 70-35. Depositing garbage or trash in other than authorized containers prohibited.
The owner, occupant, tenant or lessee of any premises within the city shall be responsible for the sanitary condition of the premises occupied by him, and it shall be unlawful for any person to keep in or about any premises occupied by him any garbage, trash, or animal offal unless the same is kept in authorized container or storage facilities, or for any person to bury or deposit or cause to be buried, dumped or deposited upon any street, alley, gutter, park or other public place or to throw or deposit the same in or upon any vacant lot, back yard or ravine any garbage, trash, or refuse of any kind whatsoever.
(Code 1965, Sec. 13.12)
Sec. 70-36. Use of containers.
It shall be unlawful for any owner, occupant, tenant, or lessee, using or occupying a building, structure or other premises as a separate unit to utilize the garbage or trash containers or receptacles of any other owner, occupant, tenant or lessee for the disposal of his own garbage or trash.
(Code 1965, Sec. 13.18)
Sec. 70-37. Public trash receptacles.
It shall be unlawful to deposit residential or commercial refuse, garbage or trash in any trash can, container or bin set out for the sole use of the public by the city.
(Ord. No. 730, Sec. 2, 12-28-89)
Secs. 70-38‑‑70-60. Reserved.
Sec. 70-61. Scope of service provided by the city.
The city through its private contract hauler will pick up, transport, and dispose of all garbage and rubbish, from all one-family and two-family dwelling units in the city. Such pickups shall be made at least once each week; provided, however, that for each such one-family residence, or for each unit of such two-family dwelling, the contract hauler need pick up no more than two receptacles. Each receptacle shall not exceed 30 gallons in capacity as indicated in section 70-26; and provided further that the receptacles shall be at the curb nearest the dwelling unit to be serviced.
(Code 1965, Sec. 13.14)
Sec. 70-62. Curbside depositing of garbage, trash or refuse by authorized persons only.
It shall be unlawful for residential or commercial refuse, garbage or trash to be set out at the curb for residential pickup by anyone other than the owner, renter, occupant or authorized agent of the residential property.
(Ord. No. 730, Sec. 3, 12-28-89)
Sec. 70-63. City pickup of trash and refuse.
City forces will provide a pickup of trash and refuse, other than garbage, from all residences in the city the first week of each month. If the first day of the month falls on a day other than Monday, then the pickup will start on the Monday of the following week. In no case shall the householder or occupant place trash and rubbish on the parkway until the week of the pickup by city forces. The parkways will remain free of trash and rubbish until the week of the pickup.
(Code 1965, Sec. 13.13)
Sec. 70-64. Trash and refuse from business and commercial establishments and institutions.
It shall be the responsibility of the owner, occupant, tenant, or lessee of any business, commercial establishment or institution to arrange for the collection and disposal of any and all trash and refuse generated in their operations.
(Code 1965, Sec. 13.15)
Sec. 70-65. Collection days.
The days for collection of garbage, trash and refuse throughout the city shall be designated by the city manager.
(Code 1965, Sec. 13.11)
Sec. 70-66. Refuse collection and dump fees.
Garbage and refuse collection fees and dump use fees shall be established by the city council of the city if required in the future.
(Code 1965, Sec. 13.19)
Sec. 70-67. Compulsory removal; lien.
(a) Whenever any person owning or controlling any house, shop, residence, establishment, place of business or habitation within the city shall suffer garbage to be thrown, left or deposited in or upon the premises under his control, other than in the proper receptacles as provided in this chapter, then the city may, at its own expense, remove the garbage from the premises, and the costs for such removal shall be assessed against the property specially benefited by such removal.
(b) Furthermore, the city shall have a right to execute and file a lien against the property for any and all delinquent assessments and foreclose such lien in the manner provided by statute for foreclosure of street improvement liens.
(Code 1965, Sec. 13.20)
Sec. 70-68. Scavengers or cardboard collectors.
(a) It shall be unlawful for any person not authorized by the owner of any refuse container, and contents thereof, or for any person not authorized by the owners of any bagged or loose refuse deposited on the parkway for the pickup by commercial pickup or city pickup to collect or disturb such refuse, without the authorization of the owner.
(b) No person shall remove any refuse from a container and scatter the refuse upon a public alley, street or sidewalk. No person who shall transport any refuse over the streets or alleys of the city shall permit such refuse, or any part thereof, to fall from the vehicle and remain upon any street, alley or sidewalk within the city.
(Code 1965, Sec. 13.17)
Sec. 70-69. Repealed.