CHAPTER 51: REFUSE DISPOSAL
Section
   51.01   Definitions
   51.02   Disposal rates
   51.03   Annual invoices
   51.04   Delinquent payment and late charges
   51.05   Use of fees collected
   51.06   Hours
   51.07   Deposit of refuse
   51.08   Refuse Disposal Board
   51.09   Storage of garbage, waste and refuse
   51.99   Penalty
Statutory reference:
   Refuse disposal, see R.C. § 715.43
§ 51.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BULKY WASTE ITEMS. Major household appliances including, but not limited to, refrigerators, washers, dryers, hot water tanks, cooking stoves, dishwashers, televisions and furniture, as well as other items which may be determined by the Health Commissioner from time to time as being bulky waste items.
   COMMERCIAL ESTABLISHMENTS. Business establishments engaged in the purchase, sale, or barter of commodities, including, but not limited to, stores, markets, restaurants and other establishments maintained for the provision of food and beverages for human consumption, commercial marinas, hotels, motels, bed and breakfasts, and all such similar establishments.
   COMMERCIAL HAULER. Any person who is engaged on a full-time or part-time basis, in the process and activity of collecting, conveying, transporting, or disposing of solid waste, garbage, refuse and other discarded material which has been accumulated within the village, other than that actually produced by such person or in direct connection to a premises of which such person is the owner or an occupant.
   GARBAGE. All putrescible wastes except wastes of the human body, other water-carried wastes and infectious wastes as defined in R.C. § 3734.01(R) or any subsequent amendment or modification thereto, including but not limited to, all vegetable and animal wastes resulting from the handling, preparation and cooking of foods, and any unwashed containers that previously contained food or liquid prepared or proposed for human or animal consumption.
   GROUND. The earth, as well as the surface of a driveway, a sidewalk, a floor or any other surface on, in or about real property on or in which garbage or other refuse may be placed, deposited, kept, accumulated or stored.
   HEALTH COMMISSIONER. The individual appointed by the Board of Health of the jurisdiction of the village to serve, either permanently or temporarily, as the executive officer of such Board, or the representative duly authorized by such executive officer to act in behalf thereof.
   PART-TIME DWELLING. A dwelling that is used primarily as a residence during the time period commencing May 1 and terminating on October 31 of each year.
   PERSON. The State of Ohio or any political subdivision, agency, office or enterprise thereof, any corporation, public or private, partnership or other entity, and any individual.
   PREMISES. Any land, building, or structure on or in which solid waste may be generated, placed, deposited, kept, accumulated or stored.
   RECYCLABLE MATERIALS or RECYCLABLES. Those items which the Transfer Station Committee has established recycling programs for.
   REFUSE or OTHER REFUSE. Ashes, crockery, bottles, cans, paper and other wood pulp products, boxes, rags, old or discarded clothing, bedding mattresses and upholstered furniture, and all other similar nonputrescible wastes and discarded materials not otherwise defined herein.
   RESIDENCE. Any enclosure, other than those kept, maintained or operated solely as commercial establishments, used as a human domicile, including, but not limited to, single family, two-family, and multi-family dwellings, mobile homes and house trailers, living quarters within or attached to boathouse structures or boat ports, camps and any other structure within which humans may sleep, prepare or consume food.
   SOLID WASTE. Such unwanted residual solid or semi-solid material which results from industrial, commercial, agricultural and community operations, excluding earth or material from construction, mining or demolition operations, or other waste materials of a type that would normally be included in demolition operations or other waste materials of a type that would normally be included in demolition debris, nontoxic fly ash, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and including but not limited to, garbage, tires, combustible and noncombustible material, street dirt and debris, and excluding any material that is an infectious waste or a hazardous waste as defined in the Revised Code. All solid waste must be bagged with the exception of metal accepted for recycling.
(Ord. 1994-O-01, passed 1-22-94; Am. Ord. 1998-O-20, passed 4-25-98; Am. Ord. 2000-O-35, passed 6-8-00)
§ 51.02 DISPOSAL RATES.
   (A)   The annual disposal rates for use of the village refuse disposal facilities shall be as follows:
      (1)   There shall be an annual availability charge for all parcels of real estate on which a dwelling or any commercial establishment is located as follows: $60.00 per year unless fee is paid electronically in which case it shall be $55.00 per year commencing January 1, 2024 and thereafter until duly changed except as set forth in division (B) of this section.
      (2)   There shall be a use charge of $0.17 per pound of refuse, garbage or solid waste deposited at the refuse disposal unit for permit holders, and a $0.32 per pound charge for a non-permit holder, except as set forth in this section.
      (3)   There shall be a use charge for the disposal of any kind of bulky waste items as follows:
         (a)   Televisions: $15.00 each;
         (b)   Refrigerators, cooking stoves, washers, dryers, microwave ovens, air conditioners, and hot water tanks: $25.00 each;
         (c)   Mattresses and/or box springs: $75.00 each;
         (d)   Other large items, (i.e. car body parts and the like): $0.12 per pound, but not more than $50.00.
      (4)   The Transfer Station Committee will be responsible for establishing recycle programs and setting rates for recyclable items from time to time with the advice and consent of Council. Customers with a current paid permit will be entitled to no cost or reduced rate recycling. The cost for using the Transfer Station Facilities for recycling is $0.25 per pound for non-permit holders.
      (5)   Any person discovered fraudulently using another person’s refuse disposal permit, utilizing the refuse disposal facility without having a valid permit or violating any other provision of this section shall be subject to prosecution.
   (B)   (1)   Any commercial establishment or residence which has contracted with a commercial hauler to remove its garbage, refuse or solid wastes, shall not be subject to the annual availability fee, providing proof of payment of such service with said commercial hauler is presented to the Transfer Station Committee. In the event that the disposal unit is overflowing and is determined to be a public health nuisance, that establishment or residence shall use the village’s refuse disposal facility at the rate of $0.25 per pound to abate the public health nuisance.
      (2)   Proof shall take the form of having service or contract with a commercial hauler.
('81 Code § 52.01) (Ord. 219, passed 4-3-75; Am. Ord. 590, passed 4-11-92; Am. Ord. 596, passed 6-11-92; Am. Ord. 1994-O-01, passed 1-22-94; Am. Ord. 1998-O-20, passed 4-25-98; Am. Ord. 2000-O-48, passed 9-14-00; Am. Ord. 2001-O-28, passed 6-28-01; Am. Ord. 2003-O-1, passed 2-8-03; Am. Ord. 2005-O-5, passed 3-5-05; Am. Ord. 2005-O-28, passed 12-10-05; Am. Ord. 2008-O-1, passed 3-13-08; Am. Ord. 2018-O-35, passed 12-8-18; Am. Ord. 2018-O-36, passed 12-8-18; Am. Ord. 2019-O-12, passed 6-13-19; Am. Ord. 2020-O-2, passed 3-14- 20; Am. Ord. 2023-O-17, passed 8-12-23) Penalty, see § 51.99
Cross-reference:
   Refuse Disposal Board, see § 51.08
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