City Clerk

Chapter 10

GARBAGE AND TRASH

Art. I. Solid Waste Control, §§ 10-1—10-25

Art. II. City Collections, §§ 10-26—10-54

Art. III. Littering, §§ 10-55—10-92

Art. IV. Complex Multifamily, Commercial or Industrial Collectors, §§ 10-93—10-99

ARTICLE I. SOLID WASTE CONTROL

Sec. 10—1. Purpose.

The purpose of this article of the Code pertaining to Solid Waste Control is to provide for the sanitary storage, collection, and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety, and welfare as may result from the uncontrolled disposal of solid waste. (Gen. Ords. 1959, §37.01; Ord. No. 5783, §1, 1—9—75; Ord. No. 8105, §1, 2—6—92; Ord. No. 9061, §1, 8-2-01)

Sec. 10—2. Definitions.

Except as otherwise provided, as used in this chapter, the following terms shall have the meanings ascribed to them:

Abandoned vehicles shall mean all vehicles and trailers located on a vacant lot that fail to display their current state license, are in a state of disassembly or repair, are partly dismantled, contain no engine, are missing two or more tires or wheels, are missing a body part, or are supported by a method other than their tires.

Composting shall mean a controlled biological reduction of organic wastes to humus.

Construction Waste shall mean waste from building construction such as scraps of wood, concrete, masonry, roofing, siding, structural metal, wire, fiberglass insulation, other building materials, plastics, Styrofoam, twine, baling and strapping materials, cans and buckets, and other packaging materials and containers.

Demolition Waste shall mean solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads, and other manmade structures. Demolition Waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood, masonry, composition roofing and roofing paper, steel, and minor amounts of metals like copper.

Dumpster shall mean a watertight, leakproof, all-metal container, equipped with a tight-fighting cover designed for the deposit of rubbish and garbage.

Garbage shall mean every all solid and semisolid, putrescible animal, and vegetable waste resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food and includes all such substances from all public and private establishments and from all residences.

Landclearing Waste shall mean natural vegetation and minerals from clearing and grubbing land for development, such as stumps, brush, vines, tree branches, tree bark, wood chips, mud, dirt, sod, and rocks.

Litter shall mean garbage, rubbish, refuse, yard waste, demolition waste, construction waste, landclearing waste, and any waste material or trash.

Open Dumping shall mean the depositing, releasing, dumping, discarding, throwing, storing, or dropping of solid waste on the surface of the ground or into a body or stream of water.

Refuse shall mean putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, construction waste, demolition waste, landclearing waste, dead animals, abandoned vehicles, vehicles parts, abandoned equipment, abandoned machinery, appliances, tires, market and industrial solid waste, and sewage treatment waste in dry or semi-solid form.

Rubbish shall mean non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, wood, glass bedding, crockery, metal, household refuse (except garbage), or commercial refuse (except garbage).

Solid Waste shall mean garbage, refuse, rubbish, litter, and other similar discarded solid or semi-solid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities.

Yard Waste shall mean trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, garden vegetation, sod, roots, and wood chips.

(Gen. Ords. 1959, §37.02(a); Ord. No. 9061, §1, 8-2-01)

Sec. 10—3. Garbage and rubbish shall be deposited in containers for multiple family dwellings, commercial, industrial, and institutional.

(1) All owners, tenants, renters, and occupants of a multiple dwelling, business, store, restaurant, school, hotel, hospital, industry, commercial building, and other institutions or establishments in the City shall provide and maintain an approved dumpster or other approved method for collection of rubbish and garbage.

(2) All dumpsters shall be waterproof, leakproof, and covered at all times except when depositing waste therein or removing the contents thereof.

(3) No person shall deposit solid waste in any dumpster other than his own without the written consent of the property owner or occupant.

(4) No person shall tamper with, overturn, remove, or destroy any dumpster or to mutilate or otherwise disturb the contents of any dumpster.

(Gen. Ords. 1959, §37.02(c); Ord. No. 9061, §1, 8-2-01)

Sec. 10—4. Open dumping prohibited and temporary open dumping prohibited.

(1) No person shall open dump or allow open dumping of any solid waste in any location within the City of Kirkwood. This section shall not prohibit the use of clean earth, stone, brick, or similar inorganic material for excavations or grading at locations that there is a valid grading or excavating permit issued by the City of Kirkwood. Furthermore, this section shall not prevent the depositing of authorized materials for recycling at the City of Kirkwood Recycling Depository or as authorized for refuse collections in accordance with this Chapter of the Code of Ordinances.

(2) No person shall open dump or allow open dumping of any solid waste in locations with the City of Kirkwood for the purpose of transferring or reloading such waste to another vehicle or location except at an authorized waste transfer station licensed by the State of Missouri for such operations.

(Gen. Ords. 1959, §37.02(d); Ord. No. 5783, §1, 1—9—75; Ord. No. 9061, §1, 8-2-01)

Sec. 10—5. Penalties.

Any person, firm, or corporation who shall violate any provisions of this chapter or shall fail to comply with any requirement thereof, shall, upon conviction thereof, be guilty of a misdemeanor, punishable as prescribed in Section 1.8 of the Code of Ordinances of the City of Kirkwood. Each day’s violation of, or refusal or neglect to comply with, any provision of this ordinance or the Code hereby adopted, shall constitute a separate and distinct offense. (Gen. Ords. 1959, §37.09(b); Ord. 9061, §1, 8-2-01)

Sec. 10—6. Compost piles.

(a) Maintenance. All compost piles shall be maintained using approved composting procedures and shall meet the following provisions:

(1) Compost piles or compost bins shall be no taller than five (5) feet and no larger in area than:

a. One hundred (100) square feet for lots seven thousand five hundred (7,500) square feet and less.

b. Two hundred (200) square feet for lots over seven thousand five hundred (7,500) square feet to fifteen thousand (15,000) square feet.

c. Two hundred fifty (250) square feet for lots over fifteen thousand (15,000) square feet to twenty—five thousand (25,000) square feet.

d. Three hundred (300) square feet for lots over twenty—five thousand (25,000) square feet to one (1) acre.

e. Four hundred (400) square feet for lots over one (1) acre.

(2) All compost piles shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the city to issue a complaint.

(3) All compost piles shall be maintained so as to prevent unpleasant, rotten—egg like, putrefactive, sweet, sour or pungent odors.

(4) Unless written permission has been granted by the adjoining property owner, no compost pile shall be located less than five (5) feet from the rear or side property line, or within twenty (20) feet of any home, patio, pool, or similar structure on the adjacent property. All compost piles shall be at least five (5) feet behind the front building setback line.

(5) Compost piles shall not be located in any natural or manmade drainage swale or creek or in any location where it will impede the free flow of stormwater drainage.

(6) Compost piles shall not be located less than five (5) feet from utility pole, transformer, power pedestal, or communication equipment.

(b) Composting ingredients.

(1) Permitted ingredients shall include: grass clippings, leaves, garden residue, flowers, wood chips and commercial compost additives.

(2) No compost pile shall include any of the following ingredients:

a. Food scraps.

b. Fish, fowl, meat or other animal products.

c. Manure.

d. Animal carcasses.

e. Fruit, vegetables or nuts.

f.  Items not normally composted.

g. Nonorganic wastes.

h. Animal feces.

(c) Private use only. Compost piles shall be for private use only. There shall be no commercial provision (such as sale, purchase, barter) of material to be composted or of the humus resulting from the composting.

(d) Responsibility. The owner and/or person in charge of any tract or ground or premises shall be responsible for maintaining all composting on the property under their control in accordance with the requirements of this section.

(e) Violations. Violations of any of the provisions set forth herein shall subject the violator to the penalties set forth in section 1—8 of the Kirkwood Code of Ordinances.

(Ord. No. 8105, §2, 2—6—92)

Secs. 10-7—10—25. Reserved.

ARTICLE II. CITY COLLECTIONS*

Sec. 10-26. Use of city service.

All owners of residential units within the city (except complex multifamily units as described in Article IV of this chapter) shall subscribe or require their tenants, agents, renters, or other responsible party to subscribe to the service of the sanitation department of the city for the collection of garbage and rubbish as provided in section 10—28 irrespective of usage; and the failure to pay for such service shall entitle the City to assess a special tax bill against the property as provided for in Section 10—30.

Sec. 10—27. Collections from nonresidential premises to be by contract.

Each person responsible for any business house, restaurant, school, hotel, hospital and other institution or establishment of any kind in the city shall enter into a separate private contract with the city or with an authorized collector for the disposition of all garbage and rubbish as necessary in order that their premises may be kept in a clean, sanitary and tidy condition.

Sec. 10-28. Residential collection.

All residential (except Multi-family) dwelling units shall be provided city garbage and rubbish collection service.

1. BASIC SERVICE

(1) The fee for basic curbside service shall be $16.37 per month until the April 1, 2005, sanitation billing, at which time the fee shall be $17.06 per month.

In conjunction with the annual City budget review, the Citizen’s Finance Committee shall examine the Sanitation Division’s operations and revenues to evaluate the solvency of the Sanitation Fund. The Council may adjust the basic fee at a rate not to exceed 4% annually.

(2) The Sanitation Department shall furnish subscribers of the basic curbside service one hundred (100) bags per year, which bags shall be delivered in rolls of fifty (50) two times per year.

(3) The city sanitation division shall collect up to a total of five disposable bags, disposable containers and disposable items at the public right-of-way in front of each residential dwelling unit twice per week; except on weeks which contain Holidays, no service shall be provided on the Holidays, and up to a total of 10 disposable bags, disposable containers and disposable items will be collected from each residential dwelling that has only one collection day during that week.

(4) Disposable bags, disposable containers and disposable items shall be placed curbside for collection, defined as within three feet of the curb or edge of the public street pavement in front of the property and adjacent to the driveway or entranceway to the property.

(5) The disposable containers for City refuse collection shall be plastic bags or other disposable containers which shall be securely closed or sealed to prevent spillage or leakage. Disposable containers shall be of adequate strength, design, and endurance to prevent breakage, spillage, or leakage during normal loading operations. Small loose disposable items shall be securely bundled and tied, or containerized in a disposable container.

(6) Disposal bags, disposable containers and disposable items shall not weight more than 50 pounds, shall not be more than 35 gallons in volume, and shall be less than three feet in length and less than 24” in any other direction.

(7) Disposable bags, disposable containers and disposable items shall not be placed at the above-described location for collection prior to dusk the evening before the scheduled collection day.

(8) Disposable bags, disposable containers, and disposable items containing lead acid batteries, radioactive, volatile, highly flammable, explosive, infectious, biomedical, toxic, hazardous material, special waste, or other items not permitted in a sanitary landfill pursuant to Missouri Senate Bill 530, Federal, State, or St. Louis County regulations. Title and liability for any waste excluded above shall remain with the customer, and the customer shall hold the City harmless from and against any and all damages, penalties, fines, clean-up costs and liabilities resulting from or arising out of such waste.

2. REAR YARD SERVICE

(1) At the owners’ option and in lieu of the above service the City will provide rear yard sanitation service.

(2) The fee for rear-yard garbage and rubbish service shall be 1.75 times the fee for basic service, which is $28.65 per month until the April 1, 2005 billing; beginning with the April 1, 2005 billing, the fee shall be $29.86 per month; thereafter, the fee shall be adjusted to equal 1.75 times the basic curbside service.

(3) The sanitation division shall furnish subscribers of the rear yard service one roll of fifty (50) bags once per year.

(4) For residents subscribing to rear yard service, the City will collect up to three containers, not exceeding 26 gallons or 40 pounds, constructed of heavy-gauge metal, or plastic, watertight and flyproof-type lid, or disposable bags, disposable containers, or other disposable items.

(5) Containers shall be located beyond the actual front building line of the residential property in a place allowing for access by the Sanitation Division personnel with a truck.

(6) Those subscribing to rear yard service may, in addition and without additional fee place disposable bags, disposable containers, or other disposable items at curbside for collection in the manner and regulation described in “Basic Service” in this article.

3. LIMITED PICK UP SERVICE

(1) This service is limited to residents who were subscribed as of the 20th day of October 1994. No resident shall subscribe to this service after the 20th day of October 1994.

(2) The term "limited pickup service" means the pickup of disposable bags placed for collection curbside in the manner and regulation described in the “basic service” provisions of this article.

(3) The fee for "limited pickup service " for garbage and rubbish disposal shall be one dollar and fifty cents ($1.50) per bag. The fee for the limited service pickup bag includes the cost of the bag and disposal.

(4) Subscribers to this service shall annually renew their subscription to such service between November 1 and January 1 and purchase a minimum of fifteen (15) bags per year at the time of renewal. The failure of residents to renew this service by January 1 of each year shall be considered as having elected curbside pickup service.

4. CONTINUITY OF SERVICE

 Those subscribing to a service must maintain such level of service for a period of at least twelve (12) consecutive months.

5. TEMPORARY VACATING OF PROPERTY.

 In the event any residential property shall be vacant for sixty (60) days or more, the owner or tenant-in-possession of such property may suspend service for the period of time that such property shall be vacant by making application for such suspension. No fees shall be charged during the period service is suspended and no bag deliveries shall be made nor shall such owner or tenant-in-possession be entitled to receive any bags that would otherwise have been distributed to such premises during such suspension.

6. GARBAGE AND RUBBISH EXCLUSION.

Garbage and rubbish shall not include yard waste, tires, major appliances (white goods), lead acid batteries, radioactive, volatile, highly flammable, explosive, infectious, biomedical, toxic, hazardous material, special waste, or other items not permitted in a sanitary landfill pursuant to Missouri Senate Bill 530, Federal, State, or St. Louis County regulations. Title and liability for any waste excluded above shall remain with the customer, and the customer shall hold the City harmless from and against any and all damages, penalties, fines, clean-up costs and liabilities resulting from or arising out of such waste.

(Ord. No. 8596, §1, 3-20-97; Ord. No. 8990, §1, 1-18-01; Ord. No. 9396, §1, 5-6-04)

Sec. 10—29. Special services.

In addition to the foregoing service and those described in Article IV of this chapter, the sanitation department shall provide additional services as follows:

(1) Yard waste bag pickup. The term "yard waste bag pickup" means the pickup of certain degradable kraft paper bags obtained exclusively for yard waste disposal.

(a) The fee for the "yard waste bag pickup" bag for yard waste disposal shall be one dollar and fifty cents ($1.50) per bag. The subscriber to this service shall only use the City bags purchased for such purpose except as permitted in subsection (b) below. The fee for the special yard waste bag includes the cost of the bag, pickup and disposal.

(b) In lieu of using the special yard waste bag, a special city yard waste sticker may be purchased for a fee of one dollar and twenty-five cents ($1.25). The fee for the sticker includes the pickup and disposal of one (1) thirty-gallon degradable kraft paper yard waste bag. The sticker shall be permanently affixed to the degradable kraft paper yard waste bag before pickup and disposal.

(2) Extraordinary service. In addition to the foregoing services, the department of sanitation shall provide curbside collection of additional rubbish at the rate of twenty dollars ($20.00) for each large bulky item, each white good, and each two-cubic-yard hopper or fraction thereof, by special arrangement with the department.

(3) Additional refuse bags may be purchased at City Hall in rolls of fifty (50) bags at a cost of $6.53 per roll.

(Ord. No. 8596, §1, 3-20-97; Ord. No. 8990, §2, 1-18-01)

Sec. 10—30. When fees due and payable; nonpayment.

All occupants of all residences within the City of Kirkwood (except multifamily units as described in Article IV of this chapter) shall be charged and billed for the collection of garbage and rubbish as provided herein. In the event any such bill is more than three (3) months in arrears, the person shall request the City Comptroller to prepare a payment plan. Failure to pay the monthly charge without entering into a payment plan approved by the Comptroller shall be considered intentionally stealing of services from the City and may be prosecuted by the City as such. The person shall be responsible for all reasonable collection fees associated with the delinquent account.

In addition, a special tax bill may be prepared and collected by the collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error, or informality in the same or in the proceedings leading up to the issuance shall be a defense thereto. Such tax bills, if not paid when due, shall bear interest at a rate of eight (8) percent per annum.

In the event a sanitation bill is not paid in full within twenty-one (21) days of the bill date, interest at the rate of one and one-half percent (1½%) will be charged on the unpaid balance as of the cash cut off date of the new bill and continue to be charged each month thereafter until all overdue amounts are paid in full.

(Ord. No. 8822, §1, 6-3-99)

Sec. 10—31. Collection and billing of fees and charges.

The charges specified herein shall be collected by the city comptroller and shall be billed by him in such a manner as he shall determine. Such charges may, in the discretion of the comptroller, be billed with other charges from the city.

Sec. 10-32. Frequency, times of collection.

The city shall render rear yard pickup service as described herein, once per week, and curbside pickup as described herein, twice per week. No collections shall be made on Sundays or legal holidays or when the director of public works determines that due to weather or other unusual conditions such collections would be hazardous or impracticable.

Sec. 10—33. Maintenance of containers.

All garbage and rubbish containers used for rear yard pickup shall be maintained in a good and sanitary condition by the owner thereof at all times.

(Ord. No. 8919, §1, 6-1-00; Ord. No. 9190, §1, 9-5-02; Ord. No. 9467, §1, 3-17-05)

Secs. 10—34—10—54. Reserved.

ARTICLE III. LITTERING

Sec. 10—55. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Aircraft shall mean any contrivance now known or hereafter invented, use or designated for navigation or for flight in the air, including but not limited to airplanes, helicopters, lighter—than—air dirigibles and balloons.

Authorized receptacle shall mean a litter storage and collection receptacle as required and authorized by this chapter.

Commercial handbill shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

(a) Which advertises for sale any service, merchandise, product, commodity, or thing: or

(b) Which directs attention to any business, merchandise or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, which is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order; however, that nothing contained in this paragraph shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where a license is or may be required by any law of the state, any provision of this Code or other ordinance of the city; or

(d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

Drive—in restaurant shall mean any restaurant where food, frozen desserts or beverages sold from such restaurant are regularly available for consumption out—of—doors, on bicycles or in motor vehicles or other types of vehicles.

Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter shall mean "garbage," "refuse," and "rubbish", and all other waste material, including leaves from trees, which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

Noncommercial handbill is any printed or written matter, any sample, or devise, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature other than a commercial handbill or newspaper.

Park shall mean a park, reservation, playground, beach, recreation center, or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

Parkway shall mean a strip of land located between a sidewalk and a physical street, whether such land is located on a part of the street right-of—way or not.

Place of business is any place other than a private premises, a public building, or a public place.

Private premises shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

Public building shall mean any building owned or occupied by any governmental agency.

Public place shall mean any and all streets, including street rights—of—way, sidewalks, boulevards, alleys, or other public ways, and any and all public parks, squares, spaces, grounds, and buildings.

Public receptacle shall mean a litter storage and collection receptacle furnished by any person or by any governmental agency for use by the public.

Refuse shall mean all putrescible and nonputrescible solid wastes, except body wastes, including, but not limited to, garbage, leaves from trees, rubbish, ashes, and solid market and industrial wastes.

Rubbish shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, crockery, and similar materials.

Vehicle shall mean every device in, upon, or by which any person or property is or may be transported. (Gen. Ords. 1959, §56.03; Ord. No. 5172, 4—4—68; Ord. No. 5783, §1, 1—9—75)

Sec. 10—56. Litter in public places.

No person shall throw or deposit litter in or upon any sidewalk, parkway, gutter, street, alley, or other public place within the city except in public receptacles, in authorized receptacles for collection, or in official city dumps. (Gen. Ords. 1959, §56.03; Ord. No. 5172, 4—4—68)

Sec. 10—57. Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain public receptacles or authorized receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any place. (Gen. Ords. 1959, §56.04; Ord. No. 5172, 4-4—68)

Sec. 10—58. Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Gen. Ords. 1959, §56.05; Ord. No. 5172, 4-4—68)

Sec. 10—59. Placement of litter in receptacles to prevent scattering.

Persons placing litter in public receptacles or in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any place. (Gen. Ords. 1959, §56.06; Ord. No. 5172, 4-4—68)

Sec. 10—60. Duty to keep sidewalks, parkways, gutters, streets, and alleys free of litter.

All persons occupying any place of business, public building, or private premises shall keep such place of business, public building, or private premises, as the case may be, including the sidewalk, parkway, gutter, adjoining or abutting to the place so occupied free and clear of litter. To this end:

(a) No person or authority owning, occupying, or in control of a place of business, public building, or private premises shall sweep into or deposit, or cause to be swept or deposited, in any sidewalk, parkway, gutter, street, or alley, or other public place within the city an accumulation of litter, including leaves from trees, from any place of business, public building, or private premises, except the placing of bagged or bundled refuse for immediate collection by authorized refuse collectors as provided for elsewhere in this Code.

(b) The operator of a drive—in restaurant shall at least once in each twelve (12) hour period during which it is open for business collect and dispose of, in authorized receptacles, all litter on the premises of such drive—in restaurant, including the sidewalk, parkway, gutter, street, to the center line thereof, and alley, to the center line thereof, adjoining or abutting to such premises.

(c) The occupier of a place of business and the authority in control of a public building shall, at least once in each twenty—four (24) hour period during which it is open for business or open to the public, as the case may be, collect and dispose of all litter on the premises of such place of business or public building, as the case may be, in authorized receptacles, including the sidewalk, parkway, gutter, adjoining or abutting to such premises.

(1) For purposes of this subsection, the operator of any shopping center shall be deemed to be the occupier of all common areas of such shopping center, including but not limited to parking areas, parking lots, and landscaped areas which are not leased or rented to any particular tenant, but not including any sidewalks, parkways, or gutters adjoining or abutting to any premises rented to a particular tenant.

(d) The occupier of any private premises shall, at least once in each calendar week, collect and dispose of all litter on his private premises, in authorized receptacles, including the sidewalk, parkway, gutter, adjoining or abutting to his private premises.

(Gen. Ords. 1959, §56.07; Ord. No. 5172, 4-4—68; Ord. No. 5612, §1, 7—12—73; Ord. No. 5783, §1, 1—9—75; Ord. No. 6025, §1, 9—16—76)

Sec. 10—61. Litter thrown by persons in vehicles.

No person while an operator or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property, nor shall any operator of a vehicle allow or permit the throwing or disposing of any litter from such vehicle by himself or by any passenger thereof upon any street or other public place within the city, or upon private property. (Gen. Ords. 1959, §56.08; Ord. No. 5172, 4-4—68)

Sec. 10—62. Truck loads causing litter.

No person shall drive or move, or direct or employ a driver to drive or move, any truck or other vehicle within the city unless the truck or other vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public way; nor shall any person drive or move, or direct or employ a driver to drive or move, any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (Gen. Ords. 1959, §56.09; Ord. No. 5172, 4—4—68)

Sec. 10—63. Litter in parks.

No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article. (Gen. Ords. 1959, §56.10; Ord. No. 5172, 4—4—68)

Sec. 10—64. Litter in lakes, rivers and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, river, or any other body of water, in a park or elsewhere within the city. (Gen. Ords. 1959, §56.11; Ord. No. 5172, 4—4—68)

Sec. 10—65. Throwing or distributing commercial or noncommercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, parkway, gutter, street, or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place; however, it shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Gen. Ords. 1959, §56.12; Ord. No. 5172, 4-4-68)

Sec. 10-66. Placing commercial and noncommercial handbills on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; however, it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Gen. Ords. 1959, §56.13; Ord. No. 5172, 4-4-68)

Sec. 10-67. Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Gen. Ords. 1959, §56.14; Ord. No. 5172, 4-4-68)

Sec. 10-68. Prohibiting distribution of handbills where properly posted.

No person shall throw, deposit, or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Gen. Ords. 1959, §56.15; Ord. No. 5172, 4-4-68)

Sec. 10—69. Distributing commercial and noncommercial handbills at inhabited premises; exemption for certain items.

(a) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; however, in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

(b) The provisions of subsection (a) shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon private property.

(Gen. Ords. 1959, §56.16; Ord. No. 5172, 4—4—68)

Sec. 10—70. Dropping litter from aircraft.

No person in an aircraft shall throw out, drop, or deposit within the city any litter, handbill, or any other object. (Gen. Ords. 1959, §56.17; Ord. No. 5172, 4—4—68)

Sec. 10—71. Posting notices.

No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Gen. Ords. 1959, §56.18; Ord. No. 5172, 4—4—68)

Sec. 10—72. Clearing of litter by city; costs.

(a) Notice to remove. The health commissioner, and his delegate or delegates, is hereby authorized and empowered to notify the owner of any premises within the city to properly dispose of litter, including leaves from trees, located on such premises, or sidewalks, parkways, gutters, adjoining or abutting to such premises, which litter is dangerous to public health, safety or welfare. Such notice shall be in writing, and shall be given:

(1) In person; or

(2) By registered mail or certified mail, requesting a return receipt signed by the addressee or an agent of the addressee, addressed to the owner at his last—known address as furnished to or by the city; or

(3) By posting a copy of such notice on the premises themselves for a period of not less than five (5) days in such a way that it might also be seen by persons not in possession of such premises.

(b) Action upon noncompliance. Upon the failure, neglect, or refusal of any owner so notified to properly dispose of such litter within five (5) days after the giving of the written notice provided for in subsection (a), the health commissioner, and his delegate or delegates, is hereby authorized and empowered to obligate the city to pay for the collection and disposal of such litter, or to order its collection and disposal by the city.

(c) Charge included in tax bill or other bill. When the city has effected the collection and disposal of such dangerous litter or has paid for its collection and disposal, the cost thereof, plus accrued interest at the rate of eight percent (8%) per annum from the date of the completion of the work to the date of payment, if not paid by such owner prior thereto, may be charged to the owner of such property by forwarding a bill to such owner by the city, and the charge shall be due and payable by said owner at the time of receipt of such bill. In the case of an owner of property exempt from real estate taxes, the bill for the cost of such collection and disposal, plus the accrued interest, may be mailed by regular mail, addressed to the owner at his last—known address as furnished to or by the city.

When computing the actual cost of the collection and disposal of, such dangerous litter, the city shall include in such actual cost, before any interest charges, a service charge equal to twenty—five per cent (25%) of the costs of labor and of the use of equipment, as well as any dumping charges, to reflect the administrative costs incurred by the city in connection with the billing for such collection and disposal.

(d) Recorded statement constitutes lien. Where the full amount due the city is not paid by such owner within ninety (90) days after the sending of a bill for the collection and disposal of such litter as provided for in subsections (a) and (b), the health commissioner, or his delegate or delegates, shall cause to be recorded in the office of the Recorder of Deeds of St. Louis County, Missouri, or his successor, a verified statement showing the cost and expense incurred for the work, including any interest, computed in accordance with subsection (c), the date the work was done, and the legal description of the premises on which said work was done. The recording of the verified statement shall constitute a lien on such premises and shall remain in full force and effect for the amount due in principal and interest; plus costs of court, if any, for collection, including a reasonable attorney's fee of at least twenty—five percent (25%) of the amount collected, until final payment has been made. Said costs and expense may be collected in any manner allowed by law, and shall be subject to a delinquent penalty of fifteen percent (15%) in the event the charge is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent, or in the case of the owner of property exempt from real estate taxes, three (3) months after the date the bill for such work was mailed by regular mail addressed to the owner thereof at his last—known address as furnished to or by the city.

A copy of the verified statement recorded in accordance with these provisions, and certified as a true and complete copy by the Recorder of Deeds of St. Louis County, Missouri, or his successor, or the recorded verified statement itself, shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest and appropriate costs and penalties, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.

(Gen. Ords. 1959, §56.19; Ord. No. 5172, 4—4—68; Ord. No. 6025, §2, 9—16—76)

Secs. 10—7—10—92. Reserved.

ARTICLE IV. COMPLEX MULTIFAMILY,

COMMERCIAL OR INDUSTRIAL COLLECTORS*

Sec. 10—93. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Business: "Business" shall mean any nonresidential entity.

Commercial: "Commercial" shall mean any retail or wholesale mercantile establishment.

Commercial recycling material collector: “Commercial recycling material collector shall mean any person, company or corporation that collects material from single-family residences or businesses for a fee for the purpose of recycling such material.

Commercial rubbish collector: "Commercial rubbish collector" shall mean any person, company or corporation licensed by St. Louis County of the State of Missouri to do business under the Solid Waste Disposal law.

Multifamily: "Multifamily" shall mean a building containing three or more independent residential dwelling units.

Dumpster: “Dumpster” shall mean container designed to store waste.

Industrial: "Industrial" shall mean any building used in a manufacturing process.

Professional: "Professional" shall mean any person, firm, or corporation providing professional services of any kind whatsoever.

Service institutional: "Service institutional" shall mean any company who provides services of any kind whatsoever.

(Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—94. License or contract with the City required for hauling from business establishments.

The collection and removal of garbage and rubbish by truck or other vehicle in the City, or the hauling out or solicitation of such business, by any person who does not have a contract with, or who is not duly authorized and licensed by the city and state for the collection and removal of garbage and rubbish from business or multifamily establishments shall be unlawful. (Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—95. License application as a commercial rubbish collector.

Any person desiring to be licensed by the council as a garbage and rubbish collector from the various businesses of the city or commercial recycling material collector, shall submit an application to the city comptroller which shall contain the following information:

(a) The applicant's business name and name of principal officer(s) in the company.

(b) The applicant's address, business telephone number, and emergency (24-hour) telephone number.

(c) The vehicle and equipment to be used for collecting garbage and rubbish or recyclable material.

(d) The method and place of disposal of garbage and rubbish including yard waste, tires, appliances, and recyclable material.

(e) A certificate of insurance showing the public liability, property damage and workmen’s compensation insurance being carried by the applicant.

(f) St. Louis County Waste Hauling License for each vehicle or equipment operating within the City of Kirkwood.

(Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—96. Payment of annual license fee.

Each garbage and rubbish collector licensed pursuant to this article shall pay the annual license fee established under Section 13-34 of the Code. (Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—97. Requirements for vehicles and dumpsters.

(a) Only sanitary and leakproof vehicles which are licensed by the St. Louis County Department of Health shall be used for the collection of garbage.

(b) All vehicles used for collection shall contain the applicant’s name.

(c) All dumpsters located within the City of Kirkwood shall contain the applicant’s name, address, and phone number.

(d) All dumpsters shall be maintained in good condition and (except when used for temporary construction activities) contain lids.

(Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—98. City sanitation services.

The city sanitation department is authorized to provide services to the multifamily, commercial or industrial users of the city. The superintendent of sanitation may provide service to any multifamily, commercial, or industrial users of the city. (Ord. No. 5783, §1, 1—9—75; Ord. No. 8822, §1, 6-3-99)

Sec. 10—99. Monthly service charge for business collections by the city.

(a) Each commercial, industrial, or multifamily user shall pay a charge for the emptying of a city-furnished container based on the following rate schedule:

MONTHLY CHARGE (effective October 1, 2002)
Size of Container (Cubic Yards) Once a Week Pickup Twice a Week Pickup Three Times a Week Pickup Four Times a Week Pickup Each Additional Pickup
1-1/4 $38.00 $68.00 $94.00 $122.00 $30.00
2 $63.00 $113.00 $158.00 $205.00 $40.00
3 $74.00 $133.00 $187.00 $243.00 $50.00
4 $92.00 $166.00 $232.00 $302.00 $60.00
6 $110.00 $198.00 $277.00 $360.00 $70.00
MONTHLY CHARGE (effective October 1, 2003)
Size of Container (Cubic Yards) Once a Week Pickup Twice a Week Pickup Three Times a Week Pickup Four Times a Week Pickup Each Additional Pickup
1-1/4 $40.00 $71.00 $99.00 $128.00 $32.00
2 $66.00 $119.00 $166.00 $215.00 $42.00
3 $78.00 $140.00 $196.00 $255.00 $53.00
4 $97.00 $174.00 $244.00 $317.00 $63.00
6 $116.00 $208.00 $291.00 $378.00 $74.00
MONTHLY CHARGE (effective October 1, 2004)
Size of Container (Cubic Yards) Once a Week Pickup Twice a Week Pickup Three Times a Week Pickup Four Times a Week Pickup Each Additional Pickup
1-1/4 $42.00 $75.00 $104.00 $134.00 $34.00
2 $69.00 $125.00 $174.00 $225.00 $44.00
3 $82.00 $147.00 $206.00 $268.00 $56.00
4 $102.00 $183.00 $256.00 $333.00 $66.00
6 $122.00 $218.00 $306.00 $397.00 $78.00

 

Garbage and rubbish shall not include yard waste, tires, major appliances (white goods), lead acid batteries, radioactive, volatile, highly flammable, explosive, infectious, biomedical, toxic, hazardous material, special waste, or other items not permitted in a sanitary landfill pursuant to Missouri Senate Bill 530, Federal, State, or St. Louis County regulations. Title and liability for any waste excluded above shall remain with the customer, and the customer shall hold the City harmless from and against any and all damages, penalties, fines, clean-up costs and liabilities resulting from or arising out of such waste.

The customer shall not hold the City liable for any damages to pavement, curbing or driveway surface resulting from City trucks serving containers on agreed upon area.

The customer has the care, custody and control of the container owned by the City and shall accept responsibility and liability for the container and its contents except when it is being physically handled by employees of the City. The customer shall hold the City harmless from and against any and all claims for loss or damage to property or injury to or death of person or persons resulting from or arising in any manner out of customer’s use, operation or possession of container furnished by the City.

(b) The users of this special service as provided by the city shall work out with the superintendent of sanitation a collection schedule. It is hereby made the duty of the city comptroller to bill the business for the charges for garbage and rubbish collection as established heretofore and he may bill the charges monthly in such a manner as will be most effective and is authorized to send separate bills or to include the charges on City of Kirkwood utility bill.

(c) If any person shall fail to pay the monthly charge therefor when due for three (3) successive months, the city shall immediately stop collecting rubbish and garbage from the premises until all payments have been fully made. Furthermore, the person shall request the City Comptroller to prepare a payment plan. Failure to pay the monthly charge for three (3) successive months without entering into a payment plan approved by the Comptroller, shall be considered intentionally stealing of service from the City and may be prosecuted by the City as such. The person shall be responsible for all reasonable collection fees associated with the delinquent account.

(Ord. No. 8597, §1, 3-20-97; Ord. No. 8822, §1, 6-3-99; Ord. No. 9191, §1, 9-5-02)


Editor's note—Ord. No. 6077 repealed §§ 10-26, 10-28—10-36 and enacted in lieu thereof new §§ 10-26, 10-28—10-32. The repealed provisions were derived from Gen. Ords. 1959 and the following ordinances; Ord. No. 4618, adopted June 23, 1960; Ord. No. 5023, adopted April 14, 1966; Ord. No. 5204, adopted Aug. 15, 1968; Ord. No. 5577, adopted March 8, 1973; Ord. No. 5783, adopted Jan. 9, 1975; and Ord. No. 5852, adopted July 24, 1975.

Cross reference—City collection requirements for complex multifamily and nonresidential premises, § 10-98 et seq.

Editor's note—Ord. No. 5783, adopted Jan. 9, 1975, amended the Code by deleting Art. IV, §§ 10-93—10-98, and substituting in lieu thereof a new Art. IV, §§ 10-93—10-99, as herein set out.