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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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ARTICLE I. IN GENERAL
§ 50-1 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   DISPOSAL SITE. A refuse depository, including but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers, licensed, permitted or approved to receive for processing or final disposal of refuse and dead animals by all governmental bodies and agencies having jurisdiction, and requiring such licenses, permits or approvals.
   INCINERATOR AND GARBAGE GRINDER. Incinerators and garbage grinders, respectively, which conform in all respects to the requirements for incinerators and garbage grinders contained in the Building Code of the city.
   JUNK. All waste materials from normal household living conditions and business operations that cannot be readily classified under other definitions contained herein, which are abandoned, in disuse, and otherwise not being utilized in accordance with their original design, intent and purpose. JUNK shall include household furniture and furnishings, such as upholstered chairs and sofas and mattresses and carpetings, that are not constructed or designed for outdoor use, and are located in yards or other areas open to the elements while not in actual use.
   LITTER. Rubbish, refuse, garbage, trash or junk, as hereinafter defined, and all other waste material that, if thrown or deposited as herein prohibited, tends to create a public nuisance, as defined by § 52-26(A) of the City Code, or that is detrimental to the public health, safety and general welfare.
   NONRESIDENTIAL WASTE GENERATION. Any commercial or industrial site, any modular house in a modular home park, any mobile home in a mobile home park, or any multifamily dwelling containing 5 units or more.
   PREMISES. Any enclosed area used for residential, commercial or industrial purposes, separately or in combination, to which a separate street address, postal address or box, tax roll description or other similar identification has been assigned to or is in use by a person having control of the area.
   RECYCLABLE MATERIALS. Materials that still have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products. Specific recyclable materials to be included for collection or excluded from collection shall be determined as provided by the rules and regulations that may be established for this chapter by the City Manager.
   RECYCLER. An approved business that by agreement will take recyclable materials otherwise destined for disposal and convert them into a useful product.
   RECYCLING RECEPTACLES. The receptacles purchased and distributed by a waste hauler to city residents for the intended use as a receptacle of recyclable materials.
   RESIDENTIAL UNIT. A dwelling or mobile home within the corporate limits of the city. A RESIDENTIAL UNIT shall be deemed occupied when either water or domestic light and power services are being supplied thereto, and shall include any building or structure, whether freestanding or connected to any other structure designed to be occupied, either totally or partially, as the residence or living quarters of any person, whether permanently or temporarily. This definition shall not include any residential unit otherwise falling within this definition which is part of a larger structure wherein 5 or more such residential units are connected by common walls, ceilings or floors, and shall not include licensed hotels or motels or mobile home parks.
   RIGHT-OF-WAY. One of the following:
      (1)   The area between the sidewalk and the curb;
      (2)   The area within 3 feet from the curb, if no sidewalk is in place;
      (3)   The area within 4 feet from the edge of the road, if there is no curb.
   SITE OF GENERATION. Any premises in or on which solid waste is generated.
   WASTE. One or more of the following:
      (1)   BULKY WASTE. Large items of refuse, including but not limited to, appliances, furniture, large auto parts, junk vehicles, nonhazardous construction and demolition materials, trees, branches and stumps which cannot be handled by normal solid waste processing, collection and disposal methods.
      (2)   COMMERCIAL WASTE. Waste originating in wholesale, retail, institutional or service establishments such as office buildings, stores, markets, theaters, hotels and warehouses.
      (3)   COMPOST. The relatively stable decomposed organic material resulting from the composting process; also referred to as HUMUS.
      (4)   CONSTRUCTION WASTE. Waste materials resulting from alteration, repair or construction of buildings or structures.
      (5)   DEAD ANIMALS. Animals, or portions thereof, equal to or greater than 5 pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
      (6)   GARBAGE. Every accumulation of animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors which, during or after decay, may serve as breeding material for flies, insects or animals. Included shall be windfall fruit, meats, fish, fowl, vegetables or other matter which is in a state of decomposition. Garbage does not include dead animals, human waste, stable waste or manure.
      (7)   HAZARDOUS WASTE. Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous, as that term is defined by or pursuant to federal and state law.
      (8)   HOUSEHOLD WASTE. Garbage and trash generated from residential units.
      (9)   INDUSTRIAL WASTE. Every waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packinghouses or slaughterhouses or other materials usually created by industrial enterprise, but not household waste or commercial waste. It does not include hazardous waste, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products, and slag or slag products directed to a slag processor or to a reuser of slag or slag products.
      (10)   STABLE MATTER. All manure and other waste normally accumulated in or about a stable or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
      (11)   TRASH. Materials considered worthless, unnecessary or offensive that are usually thrown away. It is generally defined as dry waste material and does not include garbage. It is a synonym for rubbish or refuse.
      (12)   YARD WASTE. Leaves, grass clippings, garden debris, shrubs, branches less than 4 feet in length and 2 inches in diameter, or noncombustible materials that can be converted to compost humus. Expressly excluded are stumps, agricultural wastes, animal waste, roots, sewage, sludge or garbage.
   WASTE DUMPSTER. A bin or receptacle which is mechanically emptied into a waste collection vehicle. A WASTE DUMPSTER shall either be designed, constructed or modified so that it will not tip, when subjected to 191 pounds hanging vertically from the leading edge thereof, or to a pull force of 70 pounds exerted horizontally from any edge thereof, or shall be secured to prevent its tipping over, or shall be enclosed in a fence barrier at least 4 feet high, with a locked access gate to prevent unauthorized access. Excluded from this definition are roll-off containers and manually handled cylindrical containers or manually handled disposal bags.
   WASTE GENERATOR. A person generating solid waste.
   WASTE HAULER. Any person engaged, in whole or part, in the business of collecting, transporting, delivering or disposing of waste, including recyclable materials and yard waste.
   WASTE RECEPTACLE. A watertight container, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and a tightfitting lid capable of preventing entrance into the container by vectors. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 30 pounds. Watertight containers shall be no larger than 30-gallon capacity unless authorized in writing by the City Manager.
(1993 Code, § 50-1) (Ord. passed 10-28-1991; Ord. passed 1-24-1994; Ord. passed 10-13-2008)
Cross-reference:
   Definitions and rules of construction generally, see § 1-2
§ 50-2 RULES AND REGULATIONS.
   The City Manager reserves the right to promulgate reasonable rules and regulations concerning the collection of waste as he may deem proper, subject to the approval of the City Council.
(1993 Code, § 50-2) (Ord. passed 10-28-1991; Ord. passed 1-24-1994)
§ 50-3 ENFORCEMENT.
   All violations of this chapter shall constitute a municipal civil infraction.
      (1)   Fire Department and Building Department. The Fire Department and Building Department shall investigate all complaints, write warnings and issue citations for all property owner violators, including violation on city rights-of-way.
      (2)   Police Department. The Police Department shall investigate all complaints, write warnings and issue citations for all matters concerning violation by waste haulers, including policing haulers operating without a license. The Police Department shall also investigate and issue citations and warrants for all alleged dumping violations.
      (3)   Public Works Department. The Public Works Department shall report all violations observed to either the Building Official or police command officer to initiate investigation.
(1993 Code, § 50-3) (Ord. passed 10-28-1991; Ord. passed 1-24-1994; Ord. passed 2-26-1996)
§ 50-4 LITTERING AND DISPOSAL OF WASTE.
   No person shall place, dispose of, throw or deposit any litter, refuse or waste materials upon or into any street, alley or other property, public or private, except as specifically permitted in this chapter. It shall be the duty of all waste generators, every occupant of property, and owners of unoccupied property, at all times, to maintain the premises occupied or owned by him in a clean and orderly condition, permitting no deposit or accumulation of waste upon such premises, unless stored or accumulated as permitted by this chapter. If, after proper notice, a property owner fails to comply by correcting a violation of this chapter, the property owner shall be guilty of a violation of this Code, at which time the city will abate the problem. All expenses incurred will be charged as a lien against the property and, if not paid, will be added to the tax roll for collection. Violation of this section shall constitute a municipal civil infraction.
(1993 Code, § 50-4) (Ord. passed 10-28-1991; Ord. passed 1-24-1994; Ord. passed 2-26-1996; Ord. passed 10-13-2008)
§ 50-5 COLLECTION OF WASTE.
   (A)   No person shall collect any waste materials from the curb, any street, any street right-of-way, alley or other property, public or private, except as specifically permitted in this chapter.
   (B)   It shall be a violation of this chapter for any person, firm, or corporation not licensed by Eaton County or registered by the city to collect or remove any waste item which has been specifically placed for collection in the recycling program, as provided by this chapter.
   (C)   It is not the intent of this section to prohibit any nonprofit organization from soliciting newspapers, cans or bottles or Christmas trees for the purpose of resource recovery and recycling.
(1993 Code, § 50-5) (Ord. passed 10-28-1991; Ord. passed 1-24-1994)
§ 50-6 UNACCEPTABLE ITEMS FOR COLLECTION.
   Unacceptable items for collection at the city right- of-way or curb include but are not limited to branches more than 4 feet in length and 2 inches in diameter, logs, stumps, trees (except Christmas trees), bulky waste, construction waste, commercial waste, industrial waste, stable matter, hazardous waste, human body waste, liquid waste or other waste regulated by statute.
(1993 Code, § 50-6) (Ord. passed 10-28-1991; Ord. passed 1-24-1994)
§ 50-7 COLLECTION OF YARD WASTE.
   The city will collect yard waste at the curb or on city right-of-way twice a year, once in the spring and once in the fall. During other times yard waste from property within the city may be disposed of at a designated site by making arrangements with the Public Works Department.
(1993 Code, § 50-7) (Ord. passed 10-28-1991; Ord. passed 1-24-1994)
§ 50-8 RESPONSIBILITY OF PROPERTY OWNER OR OCCUPANT.
   (A)   Refuse storage. It shall be the duty of owners, proprietors or persons in charge of every dwelling or other building in the city to place or cause to be placed all waste accumulating on the premises in waste receptacles or waste dumpsters provided by such owner or other person or waste hauler.
   (B)   Waste receptacles and waste dumpsters.
      (1)   Waste receptacles or waste dumpsters shall be kept and maintained at all residences, apartments, hotels, business places and other places where waste may be accumulated. Waste shall be placed and stored in the receptacle or dumpster in order to be collected.
      (2)   All waste receptacles or waste dumpsters shall be covered with a watertight cover at all times. The waste receptacle or dumpster shall be kept in a place easily accessible, but never upon any street, city parking lot, alley or sidewalk. Such waste receptacle or waste dumpster shall be thoroughly cleaned by the owner after it has been emptied.
      (3)   Each apartment complex, modular house park, mobile home park or any multifamily dwelling containing 5 units or more shall have at least 1 waste dumpster for every 10 residential units.
   (C)   Arranging for collection.
      (1)   Every occupant of property within the city may arrange for the collection and disposal of waste by transporting the waste to an authorized transfer station or an approved disposal site, but only in accordance with the rules and regulations pertaining thereto.
      (2)   In all other situations, if the occupant does not choose to do so himself, he must arrange disposal of waste materials through the use of a person engaged in the business of collecting and disposing of waste and licensed by Eaton County and registered by the city. No person transporting any refuse in accordance with this subsection shall fail to securely cover and secure the load so that no part of the load shall be lost while being transported.
   (D)   Moist waste. All moist waste shall be wrapped in paper or a plastic bag before being placed in the waste receptacle.
   (E)   Placing receptacles beside street or sidewalk. If waste pickups are made at the curb or from the city right-of-way (areas adjacent to the sidewalk or street), receptacles for such purpose shall only remain at the curb or in areas adjacent to the sidewalk or street from the preceding night to and during the day of pickup. It is the responsibility of the property owner to clean up any waste that may be spilled due to animals or vandalism.
(1993 Code, § 50-8) (Ord. passed 10-28-1991; Ord. passed 1-24-1994)
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