CHAPTER 50:  SOLID WASTE
Section
General Provisions
   50.01   Definitions
   50.02   Disposal of garbage and rubbish; disposition
   50.03   Refuse preparation and storage
   50.04   Containers
   50.05   Collectable refuse
   50.06   Setting refuse out
   50.07   Business establishments
   50.08   Additional regulations
Regulation of Collectors
   50.20   Agreement or contract
   50.21   License required
   50.22   Collection vehicles
   50.23   Disposal at landfill
   50.24   Collection charges
Sanitary Landfill
   50.35   Establishment
   50.36   Definitions
   50.37   Conformance with state regulations
   50.38   Hours of operation
   50.39   Permit required
   50.40   Schedule of user fees
GENERAL PROVISIONS
§ 50.01  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDERS OR CONTRACTORS REFUSE.  Shall include all forms of refuse generated as a result of building construction, alterations or repairs of contractors or tradesmen.
   CITY CONTRACTOR.  The person who agrees for a stipulated sum to perform the work or services and furnish materials and equipment as required in this chapter.
   DWELLING. Any house, building, flat, apartment, or dwelling place within the city, which is a private residence.
   GARBAGE.  Rejected food wastes including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attending the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.
   REFUSE.  Putrescible and nonputresible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings and solid market and industrial wastes.
   YARD WASTE.  Consists of grass clippings, yard trimmings, leaves and general yard and garden waste materials.
(`73 Code, 35.001, § 2.1)
§ 50.02  DISPOSAL OF GARBAGE AND RUBBISH; DISPOSITION.
   (A)   The following general provisions shall apply:
      (1)   Burning and burying. No person shall throw any garbage or rubbish upon the grounds or bury the same on any premises, public or private, or burn the same in any manner that may menace the public health, cause a nuisance of smoke ash or offensive odors, or burn the same in any manner that may constitute a fire hazard.
      (2)   Depositing and scattering. No person shall deposit or scatter refuse on any public street, alley or public property in the city.
      (3)   Cleanliness. It shall be the duty of every owner, tenant, lessee or occupant of any building, residential or commercial, having rubbish or waste material to provide for and have within said building storage containers of sufficient size to handle the accumulation of rubbish or refuse on the premises during the interval between private and public collections.
      (4)   Accumulations. In the case of collections not taken care of by the city, there shall be no undue accumulation of materials and the buildings and premises shall be kept in a clean and orderly condition.
(`73 Code, 35.008, § 2.8)
   (B)   Disposition.
      (1)   Refuse shall be disposed of only to a licensed refuse collector, except that any person may dispose of his own refuse by an approved incinerator located within a building, where such refuse consists wholly of material which will burn readily without objectionable odor or offensive smoke by outside incineration.
      (2)   No person shall dispose of any garbage within the city other than by means of an approved incinerator, approved garbage grinder or licensed refuse collector.
      (3)   Only a licensed refuse collector shall pick up bulky items at the premises of any occupant within the city. Payment therefor shall be at a mutually agreed upon price between such collector and occupant. In the event there is no licensed refuse collector, then, and in such event, the city shall pick up and remove such bulky items.
(`73 Code, 35.013, § 2.13)  Penalty, see § 10.99
§ 50.03  REFUSE PREPARATION AND STORAGE.
   Refuse shall be prepared as follows:
   (A)   Garbage - domestic. All garbage not disposed of by the owner or occupant of any property within the city through an incinerator, sink grinder or other installation approved by the city for the disposal of garbage shall be wrapped in several thicknesses of paper and placed in containers.
   (B)   Garbage - commercial. Garbage from hotels, clubs, restaurants, institutions and other establishments for group eating other than private residences, not disposed of through an incinerator, sink grinder or other installation approved by the city for the disposal of garbage, and garbage from markets, grocery stores, vegetable stands, bakeries, canneries and similar establishments shall be well drained but need not be wrapped.
   (C)   Ashes. Ashes shall be placed in separate containers, shall be cooled and kept as dry as possible.
   (D)   Other refuse. All other refuse shall be placed in a container or containers of the size hereinafter prescribed, except refuse which cannot be placed in containers because of its size and shape, and refuse not so placed in containers shall be prepared as provided under bulk refuse.
   (E)   Bulk refuse. Any refuse not required to be placed in an approved container will be prepared as follows: such refuse shall be compressed and securely tied in bundles not heavier than 60 pounds or more than three feet in length and more than 18 inches in diameter.
(`73 Code, 35.002, § 2.2)  Penalty, see § 10.99
§ 50.04  CONTAINERS.
   No owner, tenant or lessee of any public or private premises shall permit to accumulate upon his premises any garbage or rubbish unless it is placed and maintained in containers as follows:
   (A)   Containers for garbage. All containers used for garbage shall be of substantial construction, provided with handles or bails, and a tightfitting cover. They shall have a capacity of not less than ten nor more than 30 gallons and shall weigh not more than 60 pounds when filled.
   (B)   Containers for rubbish. Containers for rubbish shall be of reasonably substantial construction to permit handling and large enough to prevent the scattering of materials. They shall weigh not more than 60 pounds when full.
   (C)   Broken containers. Containers that are broken or fail to meet the requirements of this chapter may be classified as rubbish, and, after due notice to the owner, collected as such.
   (D)   Location of containers. Containers shall not be placed under the eaves of any building in such a manner as to permit water to enter them and any container filled or partially filled with ice or water will not be emptied.
(`73 Code, 35.003, § 2.3)  (Ord. passed 1-1-73)  Penalty, see § 10.99
§ 50.05  COLLECTABLE REFUSE.
   Refuse collected shall include the following items:
   (A)   Waste material resulting from the usual routine of housekeeping, except garbage;
   (B)   Such articles as tin cans, tinware, ashes, porcelain ware, bottles, glassware, earthenware, small automobile parts and other metallic substances ordinarily discarded by householders;
   (C)   Newspapers, if tied in bundles, cardboard boxes, if collapsed and tied, rags, leather and rubber goods, waste paper, if bundled, excelsior and other articles which are not ordinarily burned in home incinerators;
   (D)   Rubbish shall not include discarded materials of building construction, alterations and repair, nor trade or manufacturing wastes. No crates shall be included unless disassembled and tied properly. Cuttings from shrubbery, leaves, grass, bedding straw and such articles as would consume an unreasonable amount of space in the trucks are not included.
(`73 Code, 35.005, § 2.5)  Penalty, see § 10.99
§ 50.06  SETTING REFUSE OUT.
   (A)   All refuse collected shall be set out properly bundled and in proper containers as provided by this chapter in plain view along the roadside readily accessible to collectors on the designated collection days as specified by the City Manager and in the street adjacent to the premises from which collected.
   (B)   All refuse except garbage collected by licensed collectors other than those under contract with the city, or by a department of the city, shall be set out properly bundled and in proper containers as provided by this chapter in plain view along the roadside readily accessible to said licensed collectors and adjacent to the premises from which collected, except in the case of business establishments where the same shall be set out in the alley adjacent to the premises from which collected, provided, however, that licensed collectors may collect such refuse from the inside of the premises.
   (C)   Waste containers placed in the street or alley shall be promptly removed therefrom by such owner, tenant, lessee or occupant after the same shall have been emptied. The City Manager shall be authorized to arrange dates and schedules for the public collection of such refuse in the various sections of the city.
   (D)   No owner, tenant, lessee or occupant shall permit refuse, excepting garbage, to stand along the roadside waiting for collection for a continuous period in excess of two days.
   (E)   No owner, tenant, lessee or occupant shall put out garbage or set out garbage containers along any roadside or alley except on the date of collection.
(`73 Code, 35.006, § 2.6)  Penalty, see § 10.99
§ 50.07  BUSINESS ESTABLISHMENTS.
   All business establishments shall arrange for the removal and disposition of all refuse through collections and handlers licensed by the city.
(`73 Code, 35.007, § 2.7)  Penalty, see § 10.99
§ 50.08  ADDITIONAL REGULATIONS.
   The City Council shall have the authority to pass any further regulations necessary to carry out the provisions and intent of this chapter by resolution of the City Council.
(`73 Code, 35.014, § 2.14)
REGULATION OF COLLECTORS
§ 50.20  AGREEMENT OR CONTRACT.
   The city may grant an exclusive contract to one or more persons for the collection of garbage, trash, and rubbish within the city, or any part thereof, provided, however, that any such agreement or contract executed pursuant to the terms hereof, shall be for a period of not less than three years nor more than five years. The terms, provisions and conditions of any such agreement or contract shall be within the discretion of the City Council. It shall be unlawful for any person other than authorized collectors as provided for herein to collect, handle or interfere in any manner with garbage and refuse containers, receptacles or bulk refuse placed in the streets, alleys or other public places in the city.
(`73 Code, 35.004, § 2.4)
§ 50.21  LICENSE REQUIRED.
   Every person transporting refuse over the streets or alleys of the city or collecting refuse except yard waste, on a commercial basis shall obtain a license so to do, and upon the issuance of such license shall agree and provide that they shall pay all fees necessary for the disposal of such refuse at the sanitary landfill.
(`73 Code, 35.011, § 2.11)  Penalty, see § 10.99
§ 50.22  COLLECTION VEHICLES.
   The transportation of all garbage, rubbish or waste material through streets, alleys or thoroughfares within the city limits shall be conducted in such manner as to create no nuisance and shall comply with this code. Collection vehicles for garbage shall have completely enclosed water-tight bodies. All collection vehicles shall be so designed that the wheel and axle loads when fully loaded shall not exceed the schedule of weights allowed by the laws of the State of Michigan and the city.
(`73 Code, 35.009, § 2.9)  Penalty, see § 10.99
§ 50.23  DISPOSAL AT LANDFILL.
   All collected refuse, with the exception of yard waste, originating in the city collected by persons on a commercial basis, shall be disposed of by said persons at the sanitary landfill in accordance with all the rules and regulations of the city, unless the refuse is collected by persons from their own premises and by them disposed of. The persons collecting and transporting the refuse on a commercial basis shall pay the city the fees prescribed by the city for disposal of refuse at such sanitary landfill.
(`73 Code, 35.010, § 2.10)  Penalty, see § 10.99
§ 50.24  COLLECTION CHARGES.
   (A)   In the event that a refuse collection service contract has been entered into by the city, the rates for collection shall be paid to the city and the contractor shall be paid by the city.
   (B)   Charges for refuse collection shall be fixed by resolution of the Council and shall be collected on a quarterly basis from the premises receiving services in the manner as are water and sewage disposal charges in the city. Such charges shall be a lien upon the premises to which the service is rendered. Refuse collection shall be deemed a service rendered to the parcel of land where made.
(`73 Code, 35.012, § 2.12)
SANITARY LANDFILL
§ 50.35  ESTABLISHMENT.
   A sanitary landfill is hereby established on the following described property: The northeast quarter of the northwest quarter, the south half of the northwest quarter of the northwest quarter, the north half of the southwest quarter of the northwest quarter and the northwest quarter of the southeast quarter of the northwest quarter all in Section 4, Township 37, North, Range 1 West, City of Cheboygan, Cheboygan County, Michigan.
(`73 Code, 35.031, § 2.21)
§ 50.36  DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASHES.  The residue from fires used for cooking or heating buildings.
   GARBAGE.  Animal or vegetable wastes which arise from the use, preparation or storage of food for human consumption, but not including wastes from industrial processes and manufacturing operations.
   RUBBISH.  Non-putrescible material from residential, commercial and institutional property, including, but not limited to, paper, cartons, boxes, barrels, wood excelsior, tree branches, yard trimmings, bedding, furniture, metal, tin cans, bottles, glass, crockery and miscellaneous mineral refuse. Rubbish shall not mean gravel, sand, earth, concrete building materials or junked vehicles.
(`73 Code, 35.032, § 2.22)
§ 50.37  CONFORMANCE WITH STATE REGULATIONS.
   The sanitary landfill shall be operated in strict conformance with the rules and regulations promulgated by the Michigan State Department of Health. It shall be unlawful to deposit garbage, rubbish or ashes at any location on the landfill site other than that designated by the attendant on duty. Hot ashes shall not be deposited in the same disposal pit as combustible wastes.
(`73 Code, 35.033, § 2.23)  Penalty, see § 10.99
§ 50.38  HOURS OF OPERATION.
   The Council shall, by resolution, establish the time that the landfill shall be open for use and it shall be unlawful for any person to deposit garbage, rubbish, ashes or other materials on the site except during the designated hours. Whenever an attendant is not on duty and/or the landfill is closed to dumping, the access road shall be barricaded and it shall be unlawful to move, or cause to be moved, such barricade.
(`73 Code, 35.034, § 2.24)
§ 50.39  PERMIT REQUIRED.
   No person shall dispose of garbage, rubbish, ashes or other materials on the landfill site without first securing a permit for such disposal from the City Clerk. Permits shall be issued only to residents, commercial establishments and industries located within the corporate limits of the city and shall be conditioned upon the prior payment of the appropriate fee from the schedule in § 50.40 below.
(`73 Code, 35.035, § 2.25)  Penalty, see § 10.99
§ 50.40  SCHEDULE OF USER FEES.
   The schedule of fees below shall be applied on each type of vehicle, regardless of the size of the load on the vehicle.
 
Type of Vehicle
Fee per Load
Passenger automobile
$0.50
Pickup trucks, delivery vans and/or trailers
$0.75
Stake and dump trucks
$1.00
Pack type garbage and refuse trucks
$4.00
 
(`73 Code, 35.036, § 2.26)