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BILL NO. ORDINANCE NO.178
AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL AND DISPOSAL OR GARBAGE AND RUBBISH WITHIN THE CITY OF BROWNING, MISSOURI, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF: REPEALING CONFLICTING ORDINANCES AND FIXING THE EFFECTIVE DATE OF THE ORDINANCE.
Be it ordained by the Board of Aldermen of the City of Browning, Missouri, as follows, to-wit:
SECTION 1. Definitions. The following terms are, for the purpose of this Ordinance, defined as follows:
(a) Authorized Collector. A person, firm or corporation with whom the City has contracted for the collection, removal and disposal of garbage and rubbish.
(b) Business Establishment. Stores, restaurants, hotels, offices, wholesale establishments, retail establishments, hospitals, plants, shops, manufacturing establishments, schools and churches. (The term shall not be construed to include apartments, flats, private dwellings or boarding houses.)
(c) City. The City of Browning, Missouri, a municipal corporation. Whenever the word "City" is used in a territorial sense, it shall mean and be held to refer to the territory included within the corporate limits of the City of Browning, Missouri, as such limits may from time to time exist.
(d) Garbage. Food waste from homes, kitchens, apartments, hotels, restaurants, stores, markets and similar establishments.
(e) Rubbish. Refuse such as waste paper, rags, cartons, boxes, excelsior, leather, cloth materials, tree trimmings, exceeding four (4) feet in length, tied in bundles, yard trimmings, tin cans, glass, crockery, ashes and klinkers from heating plant furnaces, or other material light in weight and easily handled, or in a combination of any two or more of the foregoing types of materials. The term rubbish shall not include ashes or cinders from other than household or small heating plants, street sweepings, catch basin murk, concrete, dirt, concrete mortar or plaster, mortar, stones, bricks, scrap metal, or other similar construction materials, or materials resulting from the erection of destruction of buildings.
SECTION 2. City shall provide for Collection, Removal and Disposal of Garbage and Rubbish. All garbage and rubbish as defined in Section 1, (d) and (e) of this Ordinance within the City shall be collected, removed and disposed of by an authorized collector, in accordance with and subject to the provisions of this Ordinance, provided, however, nothing in this Ordinance shall be construed as prohibiting duly authorized and licensed haulers from collecting and removing garbage and rubbish from business establishments as defined in Section 1 (b).
SECTION 3. Disposition of Garbage and Rubbish Unlawful-When. It shall be unlawful for any person, firm or corporation to dispose of any garbage or rubbish by depositing the same in or on 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 the same in burn barrels, provided, however, that nothing in this Ordinance shall be construed to prohibit the disposition of garbage or rubbish by means of burning or disposing of the same in an incinerator, or garbage disposal plant enclosed within a building and approved by the City Superintendent.
SECTION 4. Kind of Containers. Each container shall have a capacity of not more than thirty (30) gallons, and within these limits shall be sufficient capacity and quantity to hold all the garbage and rubbish accumulating on the premises between collections, and the contents thereof shall be kept in such condition that it can at all times, be readily and fully removed by the authorized collector or all garbage and rubbish shall be placed in substantial plastic bags securely fastened.
SECTION 5. Unlawful to Place Containers on Public Streets or Alleys. It shall be unlawful to place or keep containers on any public street, alley, place or elsewhere, except on private property, provided, however, containers may be placed on designated locations on public streets or alleys on collection days for a sufficient length of time to permit the authorized collector to make collection of such garbage or rubbish.
SECTION 6. Location of Containers. Containers for garbage or rubbish shall be placed and at all times kept and provided on private property, provided, however, that on collection day such containers shall be placed in plain view at the rear of the premises adjacent to the alley when such property abuts on a public alley and when such property does not abut on a public alley, then such containers shall, on collection days, be placed in plain view adjacent to the curb in front of such premises. If more than one container is necessary to hold the garbage or rubbish accumulating on the premises, or if more than one container is used for the garbage or rubbish from any building, all containers shall be placed at the same location for collection.
SECTION 7. Containers to be Maintained by Owner. All containers shall be maintained in a good and sanitary condition by the owner thereof.
SECTION 8. Materials Other Than Garbage or Rubbish Not to be Placed in Containers. It shall be unlawful for any person, firm or corporation to deposit in a container from which garbage or rubbish is to be removed by the authorized collector, any material other than garbage or rubbish, as defined in this Ordinance. If any container contains any material other than garbage or rubbish, the authorized collector shall not be obligated to remove the contents of such container.
SECTION 9. Frequency and Time of Collection.
(a) The authorized collector shall collect and remove garbage and rubbish from the premises of dwellings, apartments, and flats one (1) time a week, except that no collection shall be made on Sundays or holidays.
(b) Time of Collection. All collections shall be made between the hours of Eight A.M. and Six P.M.
SECTION 10. Schedule of Routes A schedule showing the collection routes followed by the authorized collector shall be deposited with and remain on file with the City Clerk. The authorized collector shall, before entering on the performance of his contract, file a schedule with the City Clerk, setting out the routes which will be followed in collection of garbage and rubbish. Such routing may be changed by the Board of Aldermen, but shall at all times follow the routes as set forth in the schedule on file with the City Clerk.
SECTION 11. Type of Vehicle to be Used. The authorized collector or duly authorized and licensed haulers shall, in the collection of garbage and rubbish, use only refuse type vehicles which shall have a water- tight body provided with a tight metal cover or covers, and shall be so constructed as to prevent such waste matter from spilling, blowing, or falling off while being transported.
SECTION 12. Authorized Contractor Petition for Rate Change. The authorized contractor may petition the City for rate adjustments at reasonable times on the basis of unusual changes in his cost of doing business, such as: revised laws, ordinances or regulations, changes in location of disposal sites, changes in disposal methods, or changes in disposal costs or increase in fuel costs.
SECTION 13. Contract Hauler to Furnish Statement of Financial Condition and Character and Nature of Equipment. The contract hauler shall, when requested, submit to the City a written statement showing in detail the kind, character and nature of the equipment, a statement of his financial condition and such other information requested as will bear upon his ability to comply with his contract during its entire term.
SECTION 14. Contents of Contract. The contract to be entered into hereunder shall provide that the contractor shall furnish the necessary vehicles and trucks, as provided in Section 11 of this Ordinance, for the collection, removal and disposal of garbage and rubbish. Said contract shall further provide that the contractor shall furnish the necessary labor, and make collections as often as may be designated by the City, and the said collections shall be made form the rear of premises adjacent to the alley when such property abuts on a public alley and when such property does not abut on a public alley, then from the curbside or other accessible place designated along the collection routes by the City Clerk. Said contract shall also provide that the contractor shall not permit garbage or rubbish to be placed or scattered upon any public or private street, alley, drive or public place. Said contract also shall provide that the contractor shall replace any garbage or rubbish receptacle, can, container or lid damaged by himself or his agents or em ployees; that he shall remove paper placed in the receptacle, cans, or containers as wrappers for garbage or rubbish, and that he will remove the paper and debris around the receptacle, can or container so as to leave the premises in a neat and clean condition.
SECTION 15. Removal and Disposal of Garbage and Rubbish. Said contract shall provide that all garbage and rubbish collected within the City shall be removed by the con tractor from the City and that no such garbage or rubbish shall be consumed or permitted within the City.
SECTION 16. Guaranty of Bid. Each bid shall be accomplished by cash or certified or cashiers check on some bank or trust company in the City or County of Linn, payable to the City of Browning, in the sum of not less than Two Hundred Dollars ($200.00) as a guarantee that the successful bidder will, upon the award being made, enter into the contract hereinafter provided for, the cash or checks of unsuccessful bidders to be returned to them.
SECTION 17. The City Clerk to Supervise Collection, Removal and Disposal of Garbage and Rubbish. It shall be the duty of the City Clerk to supervise the collection, removal and disposal of all garbage and rubbish in the City. The City Clerk shall see that the contracts for same are properly and efficiently carried out, and that adequate liability insurance is carried, and that all other provisions of this Ordinance are complied with.
SECTION 18. Unauthorized Garbage and Rubbish Collection. The collection and removal of garbage and rubbish by truck or other vehicle in the City or the holding out or solicitation of such business by any person, firm or corporation who does not have a contract with or who is not duly authorized and licensed by the City for the collection, removal and disposal of garbage and rubbish shall be unlawful.
SECTION 19. Penalties. Any person, persons, firm or corporation violating any of the provisions of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
SECTION 20. Constitutionality. In the event any work, words, phrase, phrases, sentence, sentences, paragraph, paragraphs, section or sections contained or appearing in this Ordinance shall be held or declared to be invalid, unlawful or unconstitutional for any cause or reason, than it is hereby declared that the remaining such portions and provisions of this Ordinance shall be and remain in full force and effect.
SECTION 21. Effective Date. This Ordinance shall be in full force and effect from the date of its passage and approval by the Mayor, provided, however, that any bids asked for prior to this date and received shall, as far as this Ordinance is concerned, have been done as though the Ordinance were in full force and effect at said time.
Read three (3) times and passed this 16th day of March, 1981.
Sue A. Couchman Mayor and Ex-Officio Chairman of the Board of Aldermen.
(SEAL)
ATTEST:Nancy Smith City Clerk
Approved this 16th day of March, 1981.
Sue A. Couchman Mayor ATTEST:Nancy Smith City Clerk