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HomeMy WebLinkAboutOrd.5101.08-20-2018 BILL NO. 18-101 ORDINANCE NO. 5101 AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING THE COLLECTION OF SOLID WASTE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . Section 22-33 entitled, "Collection of solid waste; residential and commercial" of Article II of Chapter 22 of the City Code, regarding "Collection of solid waste; residential and commercial", reading as follows : Sec. 22-33 . - Collection of solid waste; residential and commercial . (a) Every owner or occupant of a residential dwelling unit within the .city limits shall receive solid waste collection service and tender payment therefor in accordance with the fees established in this article. The owners and occupants of individual premises receiving solid waste collection service shall be jointly and severally liable to pay such fees . The city shall have the power to file civil suit against owners, occupants or both to recover all sums due and, in addition thereto, reasonable attorney' s fees . (b) It shall be the duty of each commercial establishment to provide for collection of all solid waste produced upon such premises, and to dispose of such waste in a lawful manner. is hereby repealed in its entirety and a new Section 22-33 entitled "Collection of solid waste, residential and commercial", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : Sec. 22-33 . - Collection of solid waste; residential and commercial . (a) Every owner or occupant of a residential dwelling unit within the city limits shall receive solid waste collection service and tender payment therefor in accordance with the fees established in this article. The owners and occupants of individual premises receiving solid waste collection service shall be jointly and severally liable to pay such fees . The 1 city shall have the power to file civil suit against owners, occupants or both to recover all sums due and, in addition thereto, reasonable attorney' s fees . (b) It shall be the duty of each commercial establishment to provide for collection of all solid waste produced upon such premises, and to dispose of such waste in a lawful manner. (c) All commercial waste and recyclable containers shall be used in such a way as to prevent blowing or spreading of refuse in any way. ARTICLE 2 . Section 22-35 entitled, "Waste containers; where placed" of Article II of Chapter 22 of the City Code, regarding "Waste containers; where placed", reading as follows : Sec. 22-35 . - Waste containers; where placed. (a) All residential waste and recyclable containers shall be placed within three (3) feet of the curb or edge of roadway, or alley, where ordered by the city staff, for collection, except as elsewhere provided for in this chapter. Such containers shall be placed at the curb, or edge of roadway, or alley, on or twelve ( 12) hours prior to the day of collection, and removed on the same day within a reasonable time. Such containers shall be used in such a way as to prevent blowing or spreading of refuse in any way and be stored on private property, in such a manner that such containers shall not become an eyesore or public nuisance . (b) All commercial waste containers shall be placed upon private property, accessible for collection and in a well-drained area . (c) The contents of residential waste containers shall be kept in such condition that they can, at all times, be readily and fully removable by the city. is hereby repealed in its entirety and a new Section 22-35 entitled "Waste containers; where placed", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit : 2 Sec. 22-35 . - Waste containers; where placed. (a) All residential waste and recyclable containers shall be placed within three (3) feet of the curb or edge of roadway, or alley, where ordered by the city staff, for collection, except as elsewhere provided for in this chapter. Such containers shall be placed at the curb, or edge of roadway, or alley, on or twelve ( 12) hours prior to the day of collection, and removed on the same day within a reasonable time. Such containers shall be used in such a way as to prevent blowing or spreading of refuse in any way and be stored on private property. (b) All commercial waste containers shall be placed upon private property, accessible for collection and in a well- drained area. (c) The contents of residential waste containers shall be kept in such condition that they can, at all times, be readily and fully removable by the city. ARTICLE 3 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS (/ DAY OF ..lIt .4 2018 . ( -7.00401 Bob Fox, Mayor ,.,, • . , ATTEST: =re` 446,z:•,\ Ft- rt) 411TT G yle' . Conrad, City Clerk •%'`" .1 / 71,1(1 ®! y •:v T —'" , ,.,, 3 ,,,, IIa