CHAPTER 955

Garbage and Rubbish Collection

955.01 Powers and duties of Service Director.
955.02 Definitions.
955.03 Garbage only in garbage cans.
955.04 Receptacles to be provided by users.
955.05 Garbage cans to be accessible.
955.06 Collection and disposal restrictions; commercial rates.
955.07 Use of Municipal disposal grounds by nonresidents.
955.08 Collection rates.
955.09 Adjustment of rates.
955.10 Statements.
955.11 Arrearage; nuisances.
955.12 Scavenging prohibited.
955.99 Penalty.

CROSS REFERENCES

Power to collect and dispose of garbage and refuse - see Ohio R.C. 715.43
Subdivision of Service Department - see ADM. 139.02
Loads dropping or leaking; tracking mud on streets - see TRAF. 339.08
Littering, deposit of garbage or rubbish, junk, etc. - see GEN. OFF. 521.08
Garbage and rubbish in trailer camps - see BUS. REG. 775.02(d)
Owner and occupant responsibilities - see BLDG. 1361.09(c)


955.01 POWERS AND DUTIES OF SERVICE DIRECTOR.

The Director of Public Service is hereby authorized to enforce the rules and regulations for the proper and reasonable collection and disposal of garbage and rubbish.


The Director shall have the authority to provide the necessary equipment, and to employ the necessary labor to carry out the provisions of this chapter, subject to Council's authorization and regulation.
(Ord. 2390. Passed 9-19-57.)


955.02 DEFINITIONS.

The word "garbage" as used in this chapter, means the offal of all food originally intended for human consumption, and includes both animal and vegetable matter and all kitchen refuse except paper, tin cans and other foreign substances. It includes any kitchen refuse that may decompose and be dangerous or offensive to health, and all putrescible wastes.


The word "rubbish" as used in this chapter, means waste, rejected matter, trash and debris, tin cans, ashes and all other matter that is not to be construed to mean garbage as defined herein, and all nonputrescible wastes.
(Ord. 2390. Passed 9-19-57.)


955.03 GARBAGE ONLY IN GARBAGE CANS.
No person shall empty or place in any garbage can any matter whatsoever except garbage as defined in this chapter.
(Ord. 2390. Passed 9-19-57.)


955.04 RECEPTACLES TO BE PROVIDED BY USERS.
All property owners or tenants occupying any premises as a residence or dwelling, shall provide suitable containers not to exceed fifty pounds capacity for the reception of rubbish or garbage as defined herein.
(Ord. 2390. Passed 9-19-57.)


955.05 GARBAGE CANS TO BE ACCESSIBLE.
Each customer shall at all times keep the garbage cans on his premises in such a manner and at such a place as to be accessible and easily obtained by the collector of such garbage.
(Ord. 2390. Passed 9-19-57.)


955.06 COLLECTION AND DISPOSAL RESTRICTIONS; COMMERCIAL RATES.

(a) No person, other than duly authorized employees of the City and except as further provided in this chapter, shall collect, remove, appropriate, convey or transport garbage or rubbish within the City, except that any commercial or industrial account may transport or cause to be transported their own refuse, and any individual householder, upon special occasion only, shall be permitted to use the City garbage disposal grounds after first obtaining a permit from the Director of Public Service, based upon the following schedule of rates:

Amount (in tons)         Rate
1/2 and under            $0.50
1/2 to 1     1.25
1 to 2-1/2   2.50
2-/12 to 5   3.50
5 to 10      5.00
10 and over 10.00

(b) The authority for transporting garbage and refuse by any commercial or industrial account must first be granted by the Board of Control. With respect to the special occasions offered to individual householders, the authority to grant a permit lies within the complete discretion of the Board of Control.

(c) The disposal of garbage or refuse in any quantity by any person, in any place, private or within the City, or 1,000 feet outside the City is hereby prohibited.
(Ord. 228. Passed 4-16-64.)


955.07 USE OF MUNICIPAL DISPOSAL GROUNDS BY NONRESIDENTS.

(a) Before any person outside of the City shall be permitted to use the garbage disposal grounds of the City, they shall first make application for a permit to the Director of Public Service.

(b) The Director is requested to charge a permit fee of one dollar ($1.00) for each person wanting to use the disposal grounds of the City. Council hereby determines that it shall be for the best interest of the City that only four permits shall be outstanding under this section at any one time.

(c) The Director is hereby authorized to enter into a contract with an independent hauler servicing the City and shall charge a rate based upon the size of truck and the load contained therein and other factors which the Director, in his opinion, deems necessary.

(d) This contract shall remain in effect for a period of one year unless sooner terminated by the parties or by the terms of this section.

(e) The Director shall investigate each permit applicant to determine his suitability to render the services of a hauler. The applicant shall furnish and file with the Director the following:

(1) The name of each person in the employ of the hauler; and

(2) A policy of liability insurance providing for protection to the applicant against loss on account of injuries or death resulting from the operation of each vehicle; of one person in any one accident, ten thousand dollars ($10,000); for injury or death of more than one person in any one accident, twenty-five thousand dollars ($25,000); and five thousand dollars ($5,000) for property damage caused in any one accident.

(f) It is expressly understood that no person living outside the boundaries of Pultney Township shall be permitted to use the City's garbage disposal grounds except in cases of emergency and in no case shall this emergency period be extended beyond ten days. The route of such hauler shall be made known to the City and be accepted before a permit shall be issued. No garbage shall be hauled after 6:00 p.m. on weekdays, and none on Sundays.

(g) It is expressly understood that the hauler is an independent contractor and not in the employ of the City and that the City is not responsible for any injuries or damages caused by the operation of the hauler's truck whether by himself or his agent or employee.
(Ord. 220. Passed 3-19-64.)


955.08 COLLECTION RATES.

(a) Rates shall be as established by Council from time to time and are on file at City Hall.

(b) The Director of Public Service is hereby authorized to establish garbage and rubbish rates for all new commercial and industrial establishments, based upon a time study made by the Director of Public Service or his designated representative, using the minute value as determined by the Auditor and Garbage and Rubbish Committee of Council, which is based upon the yearly cost of operation of the Garbage and Rubbish Department of the City, but the same shall be averaged to conform with computer billing as set forth above.

(c) If a commercial or industrial establishment complains that the rate set for such commercial or industrial establishment is too high and demands a new time study be made of his establishment, then the establishment requesting such new time study shall be billed for this additional time study if there is no change in the new rate established by the Director of Public Service.
(Ord. 1288. Passed 4-20-89.)


955.09 ADJUSTMENT OF RATES.
The garbage and rubbish collection rates may be adjusted by the direction of Council when requested by the Board of Control.
(Ord. 695. Passed 12-20-73.)


955.10 STATEMENTS.
Garbage and rubbish statements shall be sent out and paid on a monthly basis. All such bills not paid within fifteen days of receipt of such bill shall be declared delinquent and charged a ten percent (10%) penalty. Collection shall be made at the City Collection Office in the City Building.
(Ord. 1302. Passed 9-7-89.)


955.11 ARREARAGE; NUISANCES.
No garbage or refuse shall be collected from any premises where the owner or lessee is in arrears for a period of one month. Fermenting, putrefying or odoriferous garbage in containers uncollected or dumped in the open due to failure to pay garbage fees shall be declared a nuisance and the person or persons responsible shall be liable to prosecution under the provisions of Ohio R.C. 3767.13 et seq.
(Ord. 2390. Passed 9-19-57.)


955.12 SCAVENGING PROHIBITED.
All junk and other materials on the disposal sites are the property of the City, and no person is allowed to separate and collect, carry off or dispose of the same, except under the direction of the Director of Public Service.
(Ord. 2390. Passed 9-19-57.)


955.99 PENALTY.

(a) Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided shall be fined not more than one hundred seventy-five dollars ($175.00) for each offense.

(b) Whoever steals, destroys, appropriates or in any manner makes any garbage cans unfit for proper use shall be fined not more than thirty dollars ($30.00) for each offense.
(Ord. 2390. Passed 9-19-57.)

(c) Whoever violates Section 955.07 or the contract to be entered into between the Director of Public Service and the hauler, shall have his permit revoked and shall be fined fifty dollars ($50.00) for each offense. Each day a violation continues shall constitute a separate offense.
(Ord. 220. Passed 3-19-64.)


Home Page Ordinance Index