CHAPTER 93:  SOLID WASTE

§ 93.01	YARD WASTES.
	(A)	Landfilling of leaves and yard wastes prohibited.  Commencing September
		1, 1991, and thereafter, no person within the municipal boundaries of 
		the city shall be permitted to place leaves and yard wastes in any 
		receptacle, or to cause leaves and yard wastes to be picked up by any 
		person or disposal service, for delivery to a Type II sanitary 
		landfill. All leaves and yard wastes in the city shall be disposed of 
		by utilization on the premises from which the leaves and yard wastes 
		originated or were gathered, or otherwise in conformity with this 
		section. Provided, such leaves and yard wastes may be placed in or 
		delivered to, in accordance with provisions adopted by the City Council 
		regarding the manner, time, place, and fees for so doing, an 
		alternative solid waste composting disposal area licensed and 
		maintained on behalf of the city in conformity with Public Act 328 of 
		1988, as amended, being M.C.L.A. §§ 324.19101 et seq., and the Solid 
		Waste Alternative Program Administrative Rules promulgated thereunder.

	(B)	Violations.		Any disposal of leaves or yard wastes in violation of 
				the terms of this section shall be a misdemeanor 
				punishable as provided in § 93.99.

	(C)	Administrative responsibility.	It shall be the duty of the Police 
					Chief of the Spring Lake-Ferrysburg 
					Police Department to investigate any 
					violation of this section, and to 
					endeavor to secure the conviction of 
					any person violating this section.

	(D)	Administrative liability.	No officer, agent, or employee of the
					city shall render himself or herself liable for 
					any damage that may accrue to any person
					as a result of any act, decision or other 
					consequence or occurrence arising out of the 
					discharge of his or her duties and 
					responsibilities pursuant to this section.
(Ord. 117, passed 11-28-90)  Penalty, see § 93.99
Cross-reference:
	Placing yard wastes on street rights-of-way, see § 50.16
	Placing yard wastes on sidewalks, see § 50.32
	Placing yard wastes on bike paths, see § 50.49

GARBAGE, TRASH, AND RECYCLABLE MATERIAL

§ 93.15	TITLE.
	This subchapter shall be known and cited as the "Garbage, Trash, and Recyclable 
	Material Disposal and Collection Ordinance."
(Ord. 129, passed 12-7-92)

§ 93.16	DEFINITIONS.
	For the purpose of this subchapter, the following definitions shall apply 
	unless the context clearly indicates or requires a different meaning.

	GARBAGE.	Food wastes including waste accumulation of animal, fruit, or 
			vegetable matter used or intended for food or that attends the 
			preparation, use, cooking, dealing in, or storing of meat, 
			fish, fowl, fruit, or vegetables.

	RECYCLABLE MATERIAL.	Material which is separated from trash prior to the 
				collection of trash and delivered to a material 
				recovery facility. RECYCLABLE MATERIAL shall include 
				but not be limited to:

		(1)	PLASTICS.	Colorless or colored plastic which is high 
					density polyethylene (HDPE) or polyethylene 
					terephthalate (PETE), including plastic milk 
					jugs and other plastic containers of HDPE or 
					PETE materials.

		(2)	GLASS.		Bottles or jars made of silica, sand, soda, 
					ash, and limestone, being transparent or 
					translucent, and used for the packaging or 
					bottling of various materials. This definition 
					does not include plastics or glass products 
					such as window glass, blue glass, flat glass, 
					mirrors, plate glass, safety glass, light 
					bulbs, ceramics, or pieces of broken glass.

		(3)	TIN CANS AND ALUMINUM MATERIAL.	Steel and tin-coated 
							cans and aluminum 
							cans, foil, and such
							other household 
							aluminum products
							used in the kitchen.
	
		(4)	NEWSPAPERS.	Newspaper-grade paper, the common, 
					inexpensive, machine-finished paper made 
					chiefly from wood pulp, which is printed and 
					distributed. This definition does not include 
					magazines, slick paper, and telephone books.

	TRASH.	Nonputrescible solid waste, consisting of both combustible and 
		noncombustible waste, including paper, cardboard, metal, plastic, 
		ashes, wood, glass, fabric, crockery, waste building materials, or 
		litter of any kind that may be a detriment to the public health or 
		safety.
(Ord. 129, passed 12-7-92)

§ 93.17	CONTAINER REQUIREMENTS; PLACEMENT; TIME RESTRICTIONS.
	The occupant of a residential building or structure having garbage, trash, 
	and/or recyclable material pick-up service provided by a person licensed to 
	render such service pursuant to  this  subchapter shall put all garbage in a 
	closed, watertight bag or container, shall put all trash in a watertight bag or 
	other appropriate container suitable for storing and carrying trash, and shall 
	put all recyclable material in a watertight bag or other appropriate bin or 
	box. Prior to the collection of garbage, trash, and/or recyclable material by a 
	pick-up service, all bags, containers, bins, or boxes shall be placed in a 
	location where they are readily accessible for pick-up. An occupant shall not 
	place any garbage, trash, and/or recyclable material bags, containers, bins or 
	boxes in any front yard or in the nontraveled portion of any street 
	right-of-way prior to 6:00 p.m. on the day before the scheduled collection day 
	established by the collector. An occupant shall not permit any garbage, trash, 
	and/or recyclable material bags, containers, bins or boxes to remain in any 
	front yard or in the nontraveled portion of any street right-of-way after 7:00 
	p.m. on the scheduled collection day established by the collector.
(Ord. 129, passed 12-7-92)  Penalty, see § 93.99
Cross-reference:
	Blight; disposal of garbage, trash, and the like, see § 91.01
	Placing rubbish or other material on street rights-of-way, see § 50.16
	Placing rubbish or other material on sidewalks, see § 50.32
	Placing rubbish or other material on bike paths, see § 50.49

§ 93.18	SCAVENGING PROHIBITED.
	No person, other than the owner, tenant or occupant of the premises for which 
	garbage, trash, and/or recycling bags, containers, bins or boxes have been 
	placed in a front yard or in the nontraveled portion of a street right-of-way 
	for collection, shall disturb, pick over, remove, strew, or scatter any item 
	from any bags, containers, bins or boxes which have been placed in a front yard 
	or in the nontraveled portion of a street right-of-way for collection.
(Ord. 129, passed 12-7-92)  Penalty, see § 93.99

§ 93.19	LICENSE FOR GARBAGE, TRASH, OR RECYCLABLE MATERIALS COLLECTION.
	No person shall engage in the business of picking up, collecting, or hauling 
	garbage, trash, or recyclable material within the city unless such person shall 
	first have obtained a license therefor. The word PERSON as used in this section 
	shall refer to a corporation, partnership, association or similar entity, or a 
	natural person.
(Ord. 129, passed 12-7-92)  Penalty, see § 93.99

§ 93.20	APPLICATION FOR LICENSE.
	Any person desiring to engage in the business of picking up, collecting, or 
	hauling garbage, trash, or recyclable material within the city shall make 
	application to the City Manager on a form provided by the city.
(Ord. 129, passed 12-7-92)

§ 93.21	REQUIREMENTS FOR ISSUANCE OF LICENSE.
	No license shall be issued to any person to engage in the business of picking 
	up, collecting, or hauling garbage, trash, or recyclable material within the 
	city unless the applicant has filed with the City Manager a complete 
	application form demonstrating the applicant's ability to comply with the 
	following requirements:

	(A)	To offer garbage, trash, and recyclable material pick-up services at 
		least once each week to any person in the city desiring such service;

	(B)	To offer 90-gallon containers for garbage and trash collection to any 
		person in the city desiring such containers;

	(C)	To offer 18-gallon containers for recyclable material collection to any 
		person in the city desiring such containers;

	(D)	To offer garbage and trash bags on a fee-per-bag basis to any person in 
		the city who desires such bags, and to charge for such service on a 
		fee-per-bag basis;

	(E)	To offer recyclable material bags on a fee-per-bag basis to any person 
		in the city who desires such bags, and to charge for such service on a 
		fee-per-bag basis;

	(F)	To provide enclosed trucks, constructed so they cannot leak or spill 
		any collected material, as shall be necessary for the efficient 
		collection of garbage, trash and recyclable material in the city;

	(G)	To provide to all customers in the city, once prior to commencement of 
		service to each customer and at least once each year thereafter, a 
		brochure describing any rules, regulations, procedures, schedules, and 
		rates for garbage, trash, and recyclable material collection services 
		offered;

	(H)	To offer roll-off container or dumpster service to any person or 
		business in the city who desires such service, provided said service 
		complies with the requirements of the city's zoning ordinance, as 
		amended, regarding dumpsters;

	(I)	To deliver all garbage and trash picked up to a facility licensed to 
		receive such material;

	(J)	To deliver all recyclable material picked up to a material recovery 
		center where collected materials shall be recycled to the fullest 
		extent possible;

	(K)	To file with the City Manager on or before January 1 of each year, and 
		at least 30 days prior to the effective date of any rate increase, a 
		schedule of rates for any and all services offered to customers in the 
		city, and a schedule of established pick-up dates for customers in the 
		city;

	(L)	To file with the City Manager on an annual basis a record of the number 
		of garbage, trash, and recyclable material pick-up  customers, by 
		category, in the city, and a record of the number of tons of garbage 
		and trash picked up, and a record of the number of tons of recyclable 
		material picked up;

	(M)	To obtain and to maintain any state licenses required to conduct a 
		garbage, trash, and recyclable material pickup business;

	(N)	To insure each truck or piece of equipment to be used in the conduct of 
		the business in the city for property damage in an amount not less than 
		$100,000 and for personal injury or death in an amount not less than 
		$1,000,000 for a single accident and $3,000,000 combined limits, and to 
		file certificates of such insurance coverages with the City Manager.
(Ord. 129, passed 12-7-92)

§ 93.22	LICENSE FEE.
	The annual fee for a license issued pursuant to this subchapter shall be 
	established by resolution adopted by the City Council from time to time. 
	Renewal of licenses, including remittance of the annual fee, shall be applied 
	for no later than December 1 each year for the succeeding calendar year.
(Ord. 129, passed 12-7-92)

§ 93.23	LICENSE ISSUANCE.
	The City Manager, after review of an application for a license to pick up, 
	collect, and haul garbage, trash, and recyclable material, and upon payment of 
	the annual license fee, and upon determination that the applicant meets the 
	requirements for a license described in § 93.21 above, shall issue a license to 
	the applicant.
(Ord. 129, passed 12-7-92)

§ 93.24	LICENSE REVOCATION.
	(A)	Upon receiving notice of an alleged violation of or non-compliance with
 		any requirement for a license described in this subchapter, the City 
		Manager or his or her agent shall investigate the allegation and 
		determine whether or not a violation has occurred.

	(B)	If the City Manager or his or her agent determines that no violation 
		has occurred, then a written report of that determination shall be 
		filed with the notice of alleged violation.

	(C)	If the City Manager or his or her agent determines that the alleged 
		violation has occurred, the City Manager shall determine whether or not 
		the violation will cause an immediate threat to the health, safety, and 
		welfare of the residents of the city.

	(D)	If the City Manager determines that the violation will not cause an 
		immediate threat to the health, safety, and welfare of the residents, 
		the City Manager shall give notice of the violation to the licensee and 
		request that the violation be corrected forthwith. All notices of 
		violation and licensee's responses thereto shall be considered in the 
		renewal process of any license. If more than three notices of violation 
		are given to a licensee during the term of any license, the City 
		Manager shall revoke the license of such licensee, shall notify the 
		licensee of the license revocation, and shall notify the licensee of 
		the opportunity to request a City Council hearing on the license 
		revocation. If the licensee requests in writing a City Council hearing, 
		the City Council shall hold the hearing at its next regular meeting. 
		After the hearing, the City Council shall decide whether to uphold the 
		license revocation or to reinstate the license. The decision of City 
		Council shall be final.

	(E)	If the City Manager determines that the violation will cause an 
		immediate threat to the health, safety, and welfare of the residents, 
		the City Manager shall immediately revoke the license of the licensee, 
		shall immediately notify the licensee of the license revocation, and 
		shall notify the licensee of the opportunity to request a City Council 
		hearing on the license revocation. If the licensee requests in writing 
		a City Council hearing, the City Council shall hold the hearing at its 
		next regular meeting. After the hearing, the City Council shall decide 
		whether to uphold the license revocation or to reinstate the license. 
		The decision of City Council shall be final.
(Ord. 129, passed 12-7-92)

§ 93.25	OPERATIONS REQUIREMENTS FOR COLLECTION BUSINESSES.
	All persons licensed to pick up, collect, and haul garbage, trash, and 
	recyclable material in the city pursuant to this subchapter shall:

	(A)	Comply with the license requirements set forth in § 93.21(A)-(N) of 
		this subchapter;

	(B)	Comply with all applicable federal, state, and county laws and 
		regulations concerning the operations of picking up, collecting, and 
		hauling garbage, trash, and recyclable material;

	(C)	Identify on any motorized equipment utilized to pick up, collect, and 
		haul garbage, trash, and recyclable material in the city the name of 
		the licensee and a telephone number where a customer or other person 
		may contact the licensee;

	(D)	Maintain any motorized equipment utilized in operations in a clean and 
		sanitary condition, as free from offensive odors as possible, and not 
		park any such motorized equipment upon any street, alley or public 
		place in the city nor upon any private premises longer than is 
		reasonably necessary to collect garbage, trash, and recyclable material 
		from the premises of customers;

	(E)	Pick up, collect, and haul garbage, trash, and recyclable material from 
		residential, commercial, and industrial customers only between the 
		hours of 7:00 a.m. and 7:00 p.m.
(Ord. 129, passed 12-7-92)  Penalty, see § 93.99

§ 93.99	PENALTY.
	(A)	Any disposal of leaves or yard wastes in violation of the terms of § 
		93.01 shall be a misdemeanor punishable by fine not exceeding $100 and 
		by jail not exceeding 30 days.
(Ord. 117, passed 11-28-90)

	(B)	A person who violates §§ 93.15 et seq. shall be guilty of a 
		misdemeanor, punishable by a fine not to exceed $500 plus court costs, 
		or by imprisonment in the county jail for a period not to exceed 90 
		days, or both. In addition, any violation shall also authorize license 
		revocation proceedings with respect to the license issued pursuant to 
		this subchapter. 
(Ord. 129, passed 12-7-92)