941.01 Short title.
941.02 Definitions.
941.03 Collection and disposal deemed a public utility.
941.04 Storage containers for garbage and refuse.
941.05 Prohibited wastes.
941.06 Uncollected garbage or refuse declared a nuisance.
941.07 Dumping on public places or vacant lots prohibited.
941.08 Supervision of collection and removal.
941.09 Solid waste collection permit.
941.10 Garbage collection permit; fee. (Repealed)
941.11 Disposal methods and permit revocation.
941.12 Vehicle inspection.
941.13 Vehicle requirements; covering and spillage.
941.14 Driver to ensure load to be covered.
941.15 Collection rates.
941.151 Payment of rubbish pick-up fees for certain subscribers by the City.
941.16 Billing; failure to remit fees. (Repealed)
941.17 Dumping garbage in public receptacles prohibited.
941.18 Unlawful periods of accumulation.
941.19 Anti-scavenging clause.
941.20 Frequency of service.
941.21 Rules and regulations.
941.99 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 transporting on public ways - see Ohio R.C. 3767.20 et seq.
As used in this chapter:
(a) "Residential dwelling unit" means a room or group of rooms located within a residential building, forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes.
(b) "Subscriber" means the person or persons in charge of a residential dwelling unit where the adjacent tree lawn is used by residential generators for the disposal of solid waste.
(c) "Residential building" means a single-family dwelling, a mobile home, or a residential dwelling unit located within a duplex, triplex, quadplex, or other non-multifamily residential building with direct access to a public street or right-of-way, or a private street or right-of-way that is open to the public.
(d) "Multifamily" means the grouping together of five or more residential dwelling units under a common roof, in which individual residents dispose of solid waste without placing it within or adjacent to the public right-of-way.
(e) "Solid Waste" means Garbage, Rubbish and Yard Waste, as defined herein, but subject to the provisions of 40 CFR §261.2 et seq.
(f) "Garbage" means all putrescible waste, except human excreta, sewage and other water-carried wastes, including vegetable and animal offal and carcasses of dead animals and shall include all such substances generated from normal use of residential dwelling units.
(g) "Rubbish" means ashes, glass, crockery, tin cans, paper, boxes, rags and old clothing and all other similar nonputrescible wastes generated from normal use of residential dwelling units. The term "rubbish" shall not include any material such as earth, sand, brick, stone, plaster or other similar substances that may accumulate as a result of construction or demolition operations.
(h) "Yard Waste" means leaves, grass clippings, weeds, Holiday trees, bushes and brush and branch clippings, when securely bound in bundles not exceeding four feet in length and eighteen inches in diameter, and weighing no more than fifty pounds, or placed in yard waste containers, as specified in the City's contract.
(i) "Hazardous Waste" means, subject to 40 CFR §261.3, those substances which, singularly or in combination, pose a significant present or potential threat or hazard to human health or to the environment, and which singularly or in combination, require special handling, processing, or disposal because they are or may be flammable, explosive, reactive, corrosive, toxic, carcinogenic, bioconcentrative, or persistent in nature, potentially lethal, or an irritant or strong sensitizer.
(j) "Asbestos" means the asbestiform varieties of sepentinite (chrysotile), riebeckite (crodiodolite), cummintonite-grunerite, anthophyllite and actinolitremolits.
(k) "Asbestos Containing Waste Materials" means those wastes identified in Chapter 3745-20-01(B)(4) of the Ohio Administrative Code (OAC).
(l) "Infectious Waste" means those wastes identified in Chapter 3745-27-01(V) of the Ohio Administrative Code (OAC).
(m) "Premises" means land or buildings or both, occupied by a householder or a commercial operator.
(n) "Commercial Operator" means all persons, firms or corporations who own or operate stores, restaurants, industries, institutions and other similar places including multi-family dwellings or multi-family residential structures containing four or more dwelling units.
(o) "City's Contract" or "Franchise" means the actual document signed between the City of Streetsboro and a single solid waste hauler, through the open competitive bidding process, for the exclusive right to collect residential, multi-family and apartment garbage and rubbish.
(p) "City's Contractor," or "Contractor" or "Franchisee" means the franchised contractor authorized by the City for the collection of garbage and rubbish.
(q) "Residential generator" means the residents of individual dwelling units and specifically, any person who, residing in a specific dwelling unit, deposits solid waste in a tree lawn or other place associated with that dwelling unit that is also in or adjacent to the public right-of-way or a private right-of-way open to the public, for the purpose of disposing of such waste.
(r) "The business of collecting solid waste placed within or adjacent to the public right-of-way (and private rights-of-way open to the public) by residential generators of such waste" means the act of establishing a business/customer service relationship with residential generators under which an enterprise will use the public right-of-way as a drop point for residential generators to place solid waste for pick up.
(s) "Person or persons in charge" of a residential dwelling unit means the resident owner(s), lessee(s), tenant(s), or other person(s) empowered to contract typical utility services for the residential dwelling unit.
(t) "Public Right-of-Way" means all real property owned by the City or which otherwise is under the control of the City and which has been dedicated for use as public streets or ways, including the space above and below such property.
(u) "Tree lawn" means an unpaved portion of the public right-of-way (or a private right-of-way open to the public) between the existing curb, curbline, or pavement edge and the adjacent sidewalk, or if there is no sidewalk, the front lot line.
(Ord. 2016-84. Passed 6-27-16.)
The business of collecting solid waste placed within or adjacent to the public right-of-way (and private rights-of-way open to the public) by residential generators of such waste is hereby declared to be a public utility. The services provided by the City's Contractor in accordance with this chapter shall be rendered to all non-multifamily residential buildings upon the Subscriber's compliance with all City regulations pertaining to such utility. No person, firm, corporation or other entity shall engage in the business of collecting solid waste placed within or adjacent to the public right-of-way (and private rights-of-way open to the public) by residential generators of such waste without authorization of City Council in the form of a franchise granted pursuant to Article 21 of the City Charter.
(a) Mandatory Subscriptions. Residential generators shall subscribe to the solid waste collection service of the City's Contractor. Any person or persons in charge of a residential dwelling unit who allow or permit the adjacent tree lawn to be used for disposal of solid waste shall be deemed to have subscribed to the solid waste collection service of the City's Contractor. Subscribers will pay all lawful charges of the Contractor and comply with all lawful conditions and regulations of the Contractor, to the extent such conditions and regulations are provided for in the franchise agreement between the City and the Contractor, or are otherwise approved by the Director of Public Service.
(b) Exceptions. Commercial, industrial, governmental and institutional establishments in the City, as well as operators of multifamily buildings, shall subscribe to any trash, garbage and rubbish collection service that is licensed by the Portage County Health Department. Nothing in this section shall be construed to prohibit the City's Contractor from serving commercial, industrial, governmental, institutional or multifamily customers. Such service will not be subject to the City's franchise agreement with the Contractor.
(c) No commercial, industrial, governmental, institutional or multifamily establishment shall use the public right-of-way as a drop point, or as a place to deposit or store solid waste awaiting pick-up by any hauler.
(Ord. 2016-84. Passed 6-27-16.)
(a) Each subscriber shall receive a waste container from the City's Contractor and shall use the provided waste container in accordance with the Contractor's regulations. Subscribers shall place the container and any other solid waste at the curb line, alley line or regular place of pick up. To the extent any subscriber exceeds the amount of waste permitted under the tier of service chosen by the subscriber, the subscriber will be responsible for excess waste charges authorized under the franchise. To the extent possible, all waste shall be placed inside the provided container. Waste placed outside the provided container shall be contained in the following manner and at the subscriber's expense:
(1) Sealed plastic bags, designed as refuse containers, with a mil thickness of at least 1.5 and a maximum capacity of 30 gallons or 50 pounds, and metal or plastic cans or barrels, with two handles and a tightly-fitting lid, are considered to be authorized containers for refuse or garbage only when the provided container is inadequate for the volume of waste.
(2) Cardboard boxes will be acceptable containers for bulky or loose material other than garbage; however, the Contractor may refuse to accept such boxes if they are overloaded or become wet. The pick up of these items is subject to the charge listed for this service in the City's contract.
(3) The use of 55 gallon drums is prohibited.
(4) The Contractor shall not be responsible for the condition or serviceability of containers other than those supplied by the Contractor, and is not required to empty non-serviceable containers. Charges for excess waste will apply based upon tier of service selected, notwithstanding the subscriber's use of self-provided containers.
(5) Recyclable items eligible for the curbside recycling program maintained by the City's recycling collection contract shall be placed at the curb line or alley line in such separate and distinctly marked containers as shall be provided by the recycling contractor or as specified by the City's Director of Public Service.
(b) Bulk items not fitting within the provided container shall be collected by the Contractor subject to additional bulk item charges specified by the Contractor and approved in the Franchise, as follows:
(1) Bulk material (boards, fending, paneling, carpeting, other building materials, etc.) shall be in four foot lengths and tied in eighteen inch bundles, weighing not more than fifty pounds.
(2) Loose material (rock, bricks, blocks, dirt, sand, cement, etc.) must be bagged, boxed or placed in trash cans and also subject to the above weight restrictions. Cardboard boxes used as receptacles will not be picked up if they have become wet.
(3) Large items (discarded furniture, appliances, bicycles, etc.) shall be placed at the usual place of collection at the curb or alley line prior to the time of regular collection on the day of collection.
(4) Yard waste (leaves, grass clippings, weeds, shrub trimmings and tree trimmings) shall be in four foot lengths and tied in eighteen inch bundles, weighing no more than fifty pounds.
(5) Whole Christmas trees shall be collected without additional charge whenever placed at the point of collection by the resident during the first three service cycles after December 25 of each year. At other times, the authorized charge will apply.
(6) Bulk items that once contained Freon gas shall be subject to a standard bulk charge if certified as having the gas removed, prior to being placed at the point of collection by the resident. Items containing Freon will be subject to an additional fee.
(7) The Contractor shall not be required to collect animal wastes or disposable diapers unless they are wrapped in moisture-proof materials and are undetectable by odor.
(8) The Contractor will not be required to pick up mattresses or box springs that have not been wrapped in a plastic cover made for that purpose.
(c) Each container placed at the curb or alley as designated above, and each other item set out for collection, shall be placed at the location no earlier than 6:00 p.m. of the day before collection, in the locality as established by the Contractor. The containers shall be removed from the required location within twenty-four hours after the collection has taken place.
(Ord. 2016-84. Passed 6-27-16.)
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