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CHAPTER 959
Sanitation Department Rules and Regulations
   EDITOR’S NOTE: Council, by Ordinance 2015-88, passed August 3, 2015, adopted the Solid Waste Management Plan for the Lorain County Solid Waste Management District.
959.01   Definitions.
959.02   Responsibilities of account holder.
959.03   Unlawful disposal of garbage or rubbish.
959.04   Dumping in or obstructing watercourses.
959.05   Responsibilities of the City.
959.06   Ownership of waste; removal of waste from curbside/collection site.
959.07   Burning of waste.
959.08   Dumping restricted.
959.09   Rules and regulations.
959.10   Commercial collectors; permit required; transporting waste. (Repealed)
959.11   Rates for collection.
959.115   Rates for collection outside the City limits.
959.12   Payment of charges.
959.13   Placement and removal of garbage; removal of containers.
959.14   Closing of landfill facilities at CMG Complex on Garden Street.
959.15   Severability.
959.16   Disposal of discarded appliances ("white goods").
959.99   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.
   Incineration of infectious waste - see ADM. 157.05
   Littering - see GEN. OFF. 521.08
   Noxious or offensive odors - see GEN. OFF. 521.09
   Public nuisances - see GEN. OFF. 521.10
   City park sanitation regulations - see S. & P.S. 955.08
959.01 DEFINITIONS.
   As used in this chapter:
   (a)   "City" means the City of Elyria, Ohio.
   (b)   "Collecting agent" means each and every employee of the City charged with the duty of collecting or receiving fees, or both, for collecting and disposing of garbage or rubbish, yard waste, recyclables, and white goods by the City.
   (c)   "White goods" means large electrical goods used domestically such as refrigerators and washing machines, traditionally white in color.
   (d)   "Collector" means the City and each and all of its duly authorized agents and employees connected with the collection and disposal of garbage, rubbish, newspapers, commingled recyclable materials and/or yard waste.
   (e)   "Commercial establishment" means any premises, other than premises occupied by a residential account holder, and any institution, public or private, charitable or noncharitable, upon which garbage or rubbish, or both, are created.
   (f)   "Commingled recyclable materials" means all glass beverage bottles, food jars, plastic milk containers, plastic bottles and containers coded numbers one through seven and with caps removed, and aluminum, bimetal and steel cans. Containers that are contaminated with motor oil, antifreeze, pesticides and herbicides are excluded.
   (g)   "Director" means the Director of Safety-Service of the City.
   (h)   "Garbage" means all putrescible waste, except sewage and body waste, including vegetable and animal offal and carcasses of small dead animals, but excluding recognizable industrial by-products, and including all such substances from all public and private establishments and from all residences.
   (i)   "Newspaper" means newsprint used for printing newspapers and excludes all other paper products.
   (j)   "Person" means every natural person or association of persons, a partnership or corporation.
   (k)   "Premises" means land or buildings or both, or parts of either or both, occupied by one account holder.
   (l)   "Residential account holder" means individual maintaining his or her separate living room or quarters on premises, including owners, tenants and occupants of all premises upon which garbage or rubbish, or both, are accumulated.
   (m)   "Rubbish" means crockery, printed matter, boots, shoes, hats and other clothing, but excluding any material in the nature of earth, sand, brick, stone, plaster, ashes or other substances that may accumulate as a result of building operations, and also excluding grass clippings and yard waste.
   (n)   "Yard waste" means leaves, brush, dead plants, weeds, garden wastes, dead trees or branches, woodchips, tree trimmings and prunings, but specifically excluding grass clippings.
(Ord. 2017-11. Passed 2-6-17.)
959.02 RESPONSIBILITIES OF ACCOUNT HOLDER.
   It shall be the responsibility of each account holder within the City, in or upon premises where garbage or rubbish is accumulated or allowed to be accumulated, to utilize and keep available for the exclusive use on such premises or the part thereof occupied by the account holder, receptacles provided by the City for purposes of holding all the garbage and rubbish accumulated thereon for the period between sanitation collections and pending their removal by the collector. Said receptacles shall be placed on the ground level of the curb lawn of the premises so as to be easily accessible to and for the collector. It shall be the responsibility of each account holder to keep his or her sanitation account in good standing with the City, to prevent interruptions in service. No person shall remove any garbage or rubbish from any premises occupied by an account holder, except the collector.
(Ord. 2017-11. Passed 2-6-17.)
959.03 UNLAWFUL DISPOSAL OF GARBAGE OR RUBBISH.
   (a)   No person shall keep, place or deposit garbage or rubbish on any grounds or premises whatsoever, except in the manner provided in this chapter, and no account holder in the City shall keep, place or deposit garbage or rubbish on any grounds or premises whatsoever, except in the manner provided in this chapter.
   (b)   No person shall throw or deposit any garbage, rubbish or waste matter, or cause the same to be thrown or deposited, in any street, way, lane, river, stream, ditch or other public place, or upon any vacant lot, or where rats, mice, dogs, cats, birds, fowl or other living things can feed thereon. A separate offense may be deemed committed each day during or on which a violation of this section occurs or continues.
(Ord. 2017-11. Passed 2-6-17.)
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