HomeMy WebLinkAboutOrd.666.02-15-1989 �
BILL N0. 89-15 ORDINANCE N0. (;-, .?
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER
13 OF THE CODE OF ORDINANCES OF CAPE
GIRARDEAU ��ITH RF.SPECT TO STORAGE ,
COLLECTION , TRANSPORTATION , PROCESSING AND
DISPOSP.L OF SOLID WASTE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
�9ISSOURI , AS FOLLOWS:
SECTION 1 . Section 13-11 entitled "Definitions" of the Code
of Ordinances of the City of Cape Girardeau , Plissouri , is hereby
amended by adding three ( 3 ) additional terms and their definiions
as follows :
Sec . 13-11 . Definitions .
Disposal Facility: Solid waste transfer station, landfill
disposal site or any otner approved site for the nandling
and disposition of solid waste .
Operating Fee : Costs incurred by City for equipment and
personnel to provide refuse service .
Tipping Fee : Per ton costs of operation of transfer
sLation ana cost for tranportation and disposal .
SECTION 2 . Section 13-16 entitled "Demolition and
Construction G7astes Not to be Collected" of the Code of Ordinances
of the City of Cape Girardeau , Missouri , is hereby repealed in its
entirety and a new Section 13-16 entitled "Demolition and
Construction Wastes Not to be Collected" is hereby enacted in lieu
thereof , in words and fiqures , as follows, to-wit :
Sec . 13-16 . Demolition and Construction Wastes Not to be
Collected .
Demolition and construction wastes shall be collected
only by contractual arrangement with the City or by other
persons authorized by the City to collect such demolition
and construction wastes pursuant to this chapter and must
not be disposed of in regularly scheduled residential or
commercial collections .
SECTION 3 . Section 13-22 entitled "Collection Vehicles;
Condition of" of the Code of Ordinances of the City of Cape
Girardeau , Missouri , is hereby repealed and a new Section 13-22
entitled "Collection Vehicles; Condition of " is hereby enacted in
lieu thereof , in words and figures , as follows , to-wit :
Sec . 13-22 . Collection Vehicles; Condition of .
All collection vehicles shall be maintained in a safe ,
clean and sanitary condition, and shall be so constructed ,
maintained and operated as to prevent spillage of solid
waste therefrom. All vehicles to be used for collection of
solid waste shall be constructed with watertight bodies and
with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with
fasteners designed to secure all sides of the cover to the
vehicle and shall be secured whenever the vehicle is
transporting solid waste , or , as an alternate , the entire
bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the
loading hoppers . Before any permit for the collection of
solid wastes shall be issued, the city staff shall inspect
and approve applicant ' s equipment according to this
section . If said applicant ' s equipment shall not meet
these requirements , the permit shall not be issued .
SECTION 4 . Section 13-24 entitled "Disposal of Waste ; Fee . °
of the Code of Ordinances of the City of Cape Girardeau , Missouri ,
shall be amended by the repeal of Paraqraph ( b ) and the enactment
of a new Paragraph (b ) in lieu thereof , in words and figures , as
follows , to-wit :
Sec . 13-24 . Disposal of Waste ; Fee .
(b ) Haulers who d.ispose of less than twenty ( 20 ) tons of
solid waste per week at the City disposal facility
shall pay a rate of Twenty-One Dollars ( �21 , 00 ) per
ton . Private haulers who regularly use the diposals
facility and who regularly dispose of more than twenty
( 20 ) tons of solid waste per week at the City disposal
facility shall have a rate established by contract
based on the operating fee and the tipping fee .
SECTION 5 . Section 13-26 entitled "Same--Liability Insurance
Necessary" of the Code of Ordinances of the City of Cape
Girardeau , Missouri , is hereby repealed and a new Section 13-26
titled "Same--Liability Insurance Necessary" is hereby enacted in
lieu thereof , in words and figures , as follows , to-wit :
Sec . 13-26 . Same--Liability Insurance Necessary.
No such permit shall be issued until and unless the
applicant therefor , in addition to other requirements set
forth , shall file and maintain with the city staff a
certificate of insurance covering all operations of such
applicant pertaining to such business and all vehicles to
be operated in the conduct thereof , in the amount of not
less than one hundred thousand dollars ( �100 , 000 . 00 ) for
each person injured or killed, and in the amount of not
less than eight hundred thousand dollars ( �800 , 000 . 00 ) in
the event of injury or death of two ( 2 ) or more persons in
any single accident , and in the amount of not less than one
hundred thousand dollars ( $100 , 000 . 00 ) for damage to
property. Should such policy be cancelled, the city staff
shall be notified of such cancellation by the insurance
carrier in writinq not less than ten ( 10 ) days prior to the
effective date of such cancellation , and provisions to that
effect shall be incorporated in any such policy, which
shall also place upon the company writing such policy the
duty to give such notice .
SECTION 6 . Section 13-28 entitled "When Permit Issued" of the
Code of Ordinances of the City of Cape Girardeau , Missouri , is
hereby repealed in its entirety and a new Section 13-28 entitled
"47hen Permit Issued" is hereby enacted in lieu thereof , in words
and figures , as follows , to-wit :
Sec . 13-28 . When Permit Issued .
If the application shows that the applicant will
collect , transport , process or dispose of solid wastes
without hazard to the public health or damage to the
environment and in conformity with the laws of the State of
Missouri and this article , the city staff shall issue the
permit authorized by this article . The permit shall be
issued for a period of one ( 1 ) year , and each applicant
shall pay therefor a fee of twenty-five dollars ( $25 . 00 )
for each solid waste processing or disposal facility to be
operated and a fee of ten dollars ( $10 . 00 ) for each
collection vehicle to be used. If in the opinion of the
city staff , modifications can be made to the application
regarding service , equipment or mode of operation, so as to
bring the application within the intent of this article ;
the city may notify the applicant in writing setting forth
the modification to be r�ade and the time in which it shall
be done .
If the applicant fails to meet all conditions, he
shall be notified in writing that said permit applied for
was denied. The annual permit may be renewed upon payment
of fees , except where modifications in the applicant ' s
business have occurred. If modifications have occurred
then the applicant must reapply .
SECTION 7 . Section 13-33 relating to "Solid Waste
Collection Fees " of the Code of Ordinances of the City of Cape
Girardeau , Missouri , is hereby repealed in its entirety and a
new Section 13-33 of the Code of Ordinances of the City of Cape
Girardeau , rlissouri , relating to solid waste collection fees is
hereby enacted in lieu thereof , in words and figures , as
follows :
Sec . 13-33 . Solid Waste Collection Fees .
a ) The monthly solid waste collection fee for residential
customers shall be eight dollars ninety cents ( $8 . 90 )
per d�aelling unit .
Residential back door service may be provided on a
contract basis subject to fees based on the additional
operating costs associated with providing such service .
( b ) The monthly solid waste collection fee for commercial
customers using storage containers shall be shown in
the following schedules :
SCHEDULE ONE : COMMERCIAL CONTAINERS
MONTHLY CONTAINER RENTAL
1 . 00 Cubic Yard $ 2 . 63
1 . 50 Cubic Yard � 2 • 92
2 . 00 Cubic Yard $ 3 . 20
3 . 00 Cubic Yard $ 4 . 59
4 . 00 Cubic Yard $ 5 . 36
6 . 00 Cubic Yard $ 6 . 58
8 . 00 Cubic Yard � � • 18
MONTHLY HANDLING CHARGE PER CONTAINER FOR EACH PICK-UP WEEKLY
1 . 00 Cubic Yard $13 . 35
1 . 50 Cubic Yard �16 . 56
2 . 00 Cubic Yard �20 • 28
3 . 00 Cubic Yard $25 . 09
4 . 00 Cubic Yard $32 . 21
6 . 00 Cubic Yard �41 . 15
8 . 00 Cubic Yard $49 . 98
P�ONTHLY HANDLING CHARGE PER CUSTOMER FOR EACH STOP WEEKLY
� 9 . 08
SCHEDULE TWO: 32 GALLON CONTAINERS
MONTHLY HANDLING CHARGE PER CONTAINER FOR EACH PICK-UP WEEKLY
$ 2 . 19
MONTHLY HANDLING CHARGE PER CUSTOMER FOR EACH STOP WEEKLY
$ 9 . 08
( c ) The solid waste collection fee for weekly scheduled
commercial customers for hand pick-up shall be as
shown in the following sche dule:
SCHEDULE THREE : HAND PICK-UPS
MONTHLY HANDLING CHARGE FOR EACH [�iINUTE PER STOP
� 4 . 55
P70NTHLY HANDLING CHARGE PER CUSTOMER FOR EACH STOP 4�EEKLY
$ 9 . 08
( d) Commercial customers with containers placed within
enclosed facilities or in not readily accessible
locations shall be charged an additional fee based on
the additional operating costs associated with
servicinq those customers .
(e ) Charges for special commercial pick-ups �aith
containers will be Fifteen Dollars ( $15 . 00 ) plus the
reaularly scheduled rate calculated on a pro rata
basis , using the regular monthly rate for that
customer as the basic fee .
Charges for special commercial pick-ups without
containers will be at the rate of Fifteen Dollars
{ $15 . 00 ) plus One Dollar Five Cents ( $1 . 05 ) per mitzute .
( f ) When a commercial customer has refuse collection needs
which are of a larger volume than for the number of
collections per week and number of containers for bulk
container collection , a customer may then be required
to use a more adequate type container .
(g ) The rate for compactor type containers , uncompacted
type containers which are not part of regularly
scheduled services and roll-off containers of all
types shall equal the operating fees plus the tipping
fees .
The City may maintain and provide collection and
distribution of roll-off type containers and make them
available to commercial users upon request .
Rates for collection of solid waste whether from City
owned units or privately owned units are to be
negotiated between the City and the customer and based
on the size of the container and the amount of usage
and the related operating fees and tipping fees .
(h ) Commercial customers with overloaded containers snall
pay a solid waste collection fee at the hand pick-up
rate for such overload.
( i ) The fees established in Paragraphs ( a ) , (b ) , ( c ) and
( d ) shall be payable monthly in advance . The fees
established in Paragraphs (e ) , ( g ) and (h ) shall be
payable monthly in arrears ,
SECTION 8 . 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 ,
SECTION 9 . 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
C�pe Girardeau , Missouri , and the sections of this Code may be
renumbered to accomplish such intention .
SECTION 10 . This ordinance shall be in full force and effect
ten days after its passage and approval . ,-
PASSED AND APPROVED THIS /����� DAY OF --� ���='��t�'—�� , 1989 .
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Fr ncis E. Rhodes, I�iayor
ATTEST :
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�;�� k 1.,..�,> >' _,�_i� . � i��_ l i,�;
�velyn ��. LeGrand, City Clerk