(a) Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. "Shall" is always mandatory and not merely directory.
(a) "Garbage" means any putrescible animal and vegetable material resulting from the handling, preparation, cooking and consumption of food.
(b) "Refuse" means all putrescible and nonputrescible solid material (except body wastes), including but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, building materials, solid wastes and industrial wastes, used chemical and oil waste, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended.
(c) "Rubbish" means all non-putrescible solid material consisting of both combustible and noncombustiblc matter, including but not limited to, paper, wrappings, cigarettes, cardboard, tin and aluminum cans, wood, glass, concrete, dirt, plaster, plasterboard, roofing material and similar materials.
(d) "Waste" means all garbage, refuse, and rubbish, as defined in this chapter, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended at the location it is dumped or which may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(e) "Waste hauler" means any person, firm, partnership, association, corporation, company, or organization, and their employees, agents and contractors, of any kind who or which collects garbage, refuse, rubbish, or wastes from business and/or commercial establishments in the Village.
(b) Waste Hauler. Waste haulers who contract to collect waste from business and commercial establishments in the Village shall comply with the following requirements as part of their operations:
(1) Dumpster and trash compactor units provided by the waste hauler shall be constructed of durable metal, all seams shall be watertight and they shall have covers, doors or lids that are tightfitting; in dumpsters and compactors designed with drains, the drain plug shall be in place at all times except during cleaning; all dumpsters and trash compactors shall be well painted in good repair and reasonably clean; dumpsters and trash compactors shall have the name of the waste hauler painted on the sides of the unit in letters no less than three inches in height; dumpsters and trash compactor units holding biodegradable waste and garbage shall be treated for odor control and deodorized at least once a month between the date of Memorial Day and September 15th of each year.
Dumpsters and trash compactors provided by the waste hauler that do not comply with this section in which garbage, refuse or waste is kept is unlawful and constitutes a nuisance, and may be summarily abated by the Village Administrator issuing an order of removal of the dumpster or trash compactor to the waste hauler. Any dumpster or trash compactor ordered removed pursuant to this section shall be removed within seven day of the receipt of the order.
(2) All dumpsters and trash compactors provided by the waste hauler to business and commercial establishments in the Village shall be emptied at least once a week between the date of Memorial Day and September 15th of each year.
(3) All waste haulers who collect and remove waste from business and commercial establishments in the Village shall provide the Village with an updated and current list of each and every business that the waste hauler contracts to serve within the Village every quarter coinciding with the calendar year (i.e. April 1, July 1, Oct. 1 and Jan. 1). Along with the list of businesses served, the waste hauler shall provide to the Village a report of the dates on which the dumpsters and trash compactors for each business served were emptied.
(c) Construction of Vehicles; Leaking Loads. No waste hauler shall use, suffer or permit to be used any vehicle in transporting and conducting waste, garbage, refuse, or rubbish unless such vehicle is tightly constructed and equipped with a closely fitted cover and unless such vehicle is tightly covered at all times except when the same is being loaded and unloaded. No waste hauler shall load or drive, or cause to be loaded or driven, on any public way in the Village any vehicle containing any such materials so as to suffer or permit any part of the contents of such vehicle to fall, spill or leak therefrom.
(d) Violations. The imposition of any fine or penalty for any violation of this section shall not excuse the violation or permit it to continue; and any person convicted of a violation of this section shall be required to remedy such violation forthwith after notice to do so; and each day that the prohibited condition is maintained shall constitute a separate offense. The application of any fine or penalty shall not be held to prevent the enforced removal of the prohibited conditions as provided by law.
(e) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree and shall be fined not more that two hundred fifty dollars ($250.00) or imprisoned not more that 30 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 1155-17. Passed 6-2-17.)