CHAPTER 321
Garbage and Rubbish
321.01    Rules and regulations.
321.02    Classifications.
321.03    Collection by classification.
321.04    Commercial or hazardous waste.
321.05    Refuse disposal.
321.06    Exposed waste.
321.07    Composting.
321.08    Refuse as a nuisance.
321.99    Penalty.
CROSS REFERENCES
   Collection and disposal of garbage - see Ohio R.C. 715.43, 717.01
   Employment of scavengers - see Ohio R.C. 3707.39
   Disposal and transportation upon public ways - see Ohio R.C.
      3767.20 et seq.
   Vehicle loads dropping, shifting, leaking - see TRAF. 739.08
   Waste, garbage and junk - see GEN. OFF. Ch. 947
   Dwelling unit rubbish storage - see BLDG. 1349.06
   Dwelling unit garbage disposal - see BLDG. 1349.07
   Responsibility for rubbish and garbage disposal - see BLDG. 1347.03,
      1357.04
   321.01 RULES AND REGULATIONS.
      The Director of Public Service is authorized to promulgate rules and regulations governing garbage, rubbish and recycling and is directed to prepare and publish the regulations for the effective administration and enforcement of the provisions of this chapter. Any such rules and regulations shall be updated from time to time and are to be supplemental to, and not in conflict with, this Chapter and shall have the force of law.
(Ord. 2020-54. Passed 12-7-20.)
   321.02 CLASSIFICATIONS.
   (a)   There are hereby established three classifications relating to the collection of refuse which are designated One, Two, Three and Four-Family Residential, Multi-family Residential and Commercial.
   (b)   The classifications as indicated in subsection (a) hereof shall be defined as follows:
      (1)   One, Two, Three and Four-Family Residential. All residential structures used and maintained as single-family residences: two, three and four-family structures as well as townhouses not exceeding four units, kept and maintained in the zoning classification designated Standard Single-Family Residential Districts (A, B, or T) as defined by Chapters 201 and 202 of the Zoning Code of the City of Berea.
            (2)    Multi-Family Residential. All residential structures used and maintained as apartment houses, boarding houses, motels, hotels in excess of four residential units, which shall include all apartment and townhouse structures which house and contain more than four family units, boarding houses, motels, hotels.
            (3)    Commercial. All structures kept and maintained for the carrying on of commerce of any kind, either wholesale or retail, which shall include all structures kept and maintained in accordance with the uses permitted by the City's zoning classifications of Transitional Office, Neighborhood Commercial, Commercial Center, Bagley Road Commercial District, Downtown District, Uptown District, Depot District, and General Industrial.
         (Ord. 2020-54. Passed 12-7-20.)
         
   321.03 COLLECTION BY CLASSIFICATION.
      The City will provide refuse pickup service in accordance with the following regulations:
      (a)    Low-Density Residential; and Condominium Units. The City will provide refuse pickup service for one, two, three and four-family residences and for multi-family condominium units in accordance with schedules and regulations adopted by the Department of Public Service. All refuse shall be placed for pickup in accordance with the rules and regulations promulgated by the Director of Public Service pursuant to Section 321.01.
      (b)    Medium to High Density Residential. The City will not provide for refuse collection from medium to high density residences. These include all residential structures having more than four dwelling units, except multi-family condominium units. All refuse from this classification shall be disposed of in accordance with the rules and regulations promulgated by the Director of Public Service pursuant to Section 321.01 and not in violation of state and federal environmental protection laws.
      (c)    Commercial-Industrial. The City will not provide for waste collection from this classification. All waste from these properties shall be disposed of by private or commercial means, and not in violation of state and federal environmental protection laws.
      No person, firm or corporation shall direct, permit or supervise collection of garbage, or commercial waste at commercial or industrial establishments and/or medium to high density residential facilities before 7:00 a.m. or after 9:00 p.m. in the City.
(Ord. 2020-54. Passed 12-7-20.)
   321.04 COMMERCIAL OR HAZARDOUS WASTE.
      (a)    No person shall knowingly or unknowingly place any commercial or hazardous waste out for waste collection.
   
   (b)    Whoever violates this section shall be deemed guilty of a misdemeanor of the first degree and no court shall suspend any portion of the first five hundred dollars ($500.00) of any fine levied for conviction under this section or from the costs associated thereto.
(Ord. 2020-54. Passed 12-7-20.)
   321.05 REFUSE DISPOSAL.
      (a)    No person shall place or dispose of, in any manner, any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil, hazardous waste or commercial waste, or anything else of an unsightly or unsanitary nature on any City owned, controlled or administered land, or in any ditch, stream, river, lake, pond, or other watercourse, except those waters which do not combine or effect a junction with natural surface or underground waters, or upon the bank thereof where the same is liable to be washed into the water either by ordinary flow or floods. This section does not apply to any substance placed under authority of a permit issued under Ohio R.C. 6111.04 or exempted by such section from its terms. (ORC 1531.29)
   
   (b)   No person not a resident of the City shall bring trash or waste into the City and place it on any public or private property for collection by the City Department of Public Service or a refuse collection contractor hired by the City.
   (c)    Whoever violates subsections (a) or (b) hereof is guilty of a misdemeanor of the third degree. (Ord. 2020-54. Passed 12-7-20.)
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