ORDINANCE #29-2015 Solid Waste *Amended*



Section 1: Definitions

Section 2: Accumulation of Solid Waste

Section 3: Unauthorized Dumping and Littering

Section 4: Prohibited Wastes

Section 5: Anti-Scavenging Provisions

Section 6: Pre-Collecting Requirements – Residential

Section 7: Pre-Collecting Requirements – Commercial

Section 8: Pre-Collecting Requirements – Other

Section 9: Commercial Refuse Containing Specifications

Section 10: Authority, Costs, Notice to Remove Solid Waste

Section 11: Validity

Section 12: Penalties

Section 13: Repeal Clause

Section 14: Rules and Regulations

Section 15: Effective Date

It is hereby ordained by the People of the Village of Barryton:

All persons residing within the limits of the Village of Barryton shall be required to notify the Village Clerk of their resident status and shall thusly be charged for Solid Waste pickup.

All persons that are found to be in non-compliance with this ordinance will immediately be billed for solid waste pick-up and back charged for all solid waste pick-up sustained by the Village of Barryton with penalty at a rate of 10% per month for all months in which the resident did not pay for solid waste pick-up, not to exceed a period of 24 months.

Resident status is defined by anyone occupying a building for the purpose of habitation, regardless of the dwelling being structured on commercial or residential property.

Section 1: Definitions:

  • Building: A structure used in whole or in part for human habitation, service, manufacturing, sales, or other purposes
  • Designated Disposal Facility: A location which the Village and Contractor have identified from time to time as an approved location for the disposal of refuse, leaves, yard waste, and/or recyclable materials
  • Village President: The elected individual, serving as Village President for the Village of Barryton
  • Commercial Refuse: All solid waste collected from a commercial place of business, other than single family residential units.
  • Council: The elected Village Council for Village of Barryton
  • Containers or Receptacles – Residential: For the purpose of residential refuse collection, container provided by company under contract with the Village.
  • Containers or Receptacles – Commercial: For the purpose of commercial refuse collection, container and receptacles, where needed, shall mean durable, water tight metal containers or dumpsters with tight fitting covers meeting National Solid Waste Management Association, American National Standards Institute, and Consumer Products Safety Requirements as applicable to design, application and safety.
  • Demolition and Construction Debris: Refuse which is incidental to construction, renovation or demolition of buildings, or other structure or appurtenances on a premise.
  • Designated Collector: A licensed collector who has been awarded a contract within the Village of Barryton, or who is licensed to be a collector of refuse and has the ability to service commercial containers and dumpsters. The vehicle being used must be covered and be water tight.
  • Person: The owner proprietor, occupant, or agent in charge of any premise
  • Premise: A parcel of land within the Village of Barryton including the adjoining street right of way of legal easement, separated from adjacent parcels of land by legal description
  • Recyclable Material: Materials such as newspapers, corrugated cardboard, magazines, computer printout paper, office paper, glass containers, plastics, tin cans, ferrous metal, and aluminum containers or articles separated for the express purpose of preparation for and delivery to a secondary market or other use.
  • Refuse: For the purpose of this ordinance refuse shall have the same meaning as solid waste
  • Residential Refuse: Solid waste collected in residential refuse collection from single family home.
  • Residential Refuse Collection: Weekly refuse pickup from single family residential buildings
  • Solid Waste: Garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste. Solid waste does not include human body waste, liquid waste, materials that have been separated either by source or a processing site for the purpose of reuse, recycling or composting, or any material that has been identified by the State or Federal regulation to be unsuitable for disposal in a Type II sanitary landfill.
  • Special Refuse: White goods, furniture, household appliances, brush, large tree limbs, and other bulky refuse items, with the exception of construction and demolition debris, that are unsuitable for a regular refuse collection service.
  • Type II Sanitary Landfill: As defined in Michigan Public Act 641
  • Yard Waste: Grass clippings, weeds, hedge clippings, garden waste, and twigs and brush no longer than four (4) feet in length and one (1) inch in diameter.

Section 2: Accumulation of Solid Waste

  1. No owner or occupant of a residential dwelling unit or commercial establishment shall permit the accumulation of refuse upon residential or commercial premise for a period in excess of six (6) days or the normal weekly collection period
  2. Leaves, yard waste and vegetable waste may be stored for composting purposes in a manner which will not harbor rodents or become a public nuisance.

Section 3: Unauthorized Dumping and Littering

  1. No person shall throw or deposit any refuse upon or into any street right of way, alley, container or other property on any premise, public or private without the written permission of the owner, proprietor, occupant, or agent in charge of the premise.
  2. No person shall bring into the Village limits for the purpose of solid waste pick-up, refuse that is from a residence outside of the Village of Barryton.

Section 4: Prohibited Wastes

1. No person shall place in any container or receptacle any material that might endanger the collection personnel or which would be detrimental to the normal operation of collection or incineration, for example: gaseous, solid or liquid poisons, dead animals, ammunition, explosives, concrete, dirt, appliances, furniture, auto or equipment parts, or any material that possesses heat sufficient to ignite any other collected materials.

Section 5: Anti-Scavenging Provisions

1.No person shall take, collect, or transport any refuse, leaves, yard waste or recyclable material from any street right of way, alley, or refuse dumpster of this Village without a material collection license authorizing such activity.

Section 6: Collection Requirements – Residential

1. For purposes of collection, those eligible for the Village’s residential refuse collection services must place all accumulated refuse in a refuse bag placed inside container provided by company under contract with the Village, with the exception of special waste and construction and demolition debris

2. The gross weight of refuse bags, containers placed for collection shall not exceed fifty (5) pounds.

3. There is to be no solid waste or recycle put at the curb until NOON  the day before pickup. If a holiday falls during the week, no solid waste or      recycles are to be put out until 6:00 pm one day later.

4. All solid waste containers must be removed from curbside and returned to the residence by 6:00 pm on the day of collection.

Section 7: Pre-Collection Requirements – Commercial

1.Commercial establishments shall be responsible for securing an approved method of refuse collection and disposal. Approved method of refuse shall be limited to:

a. Arrangements with licensed contractor serving the Village under its contract

b.Arrangements with another licensed contractor

c.Transport of an establishment’s own material to a licensed designated disposal facility

Section 8: Pre-Collection Requirements – Other

1.All special refuse, construction debris and demolition debris must be removed using and approved method. Approved methods shall be limited to:

a.Arrangements with licensed contractor serving the Village under its contract

b.Arrangements with another licensed contractor

c.Transport of an establishments own material to a licensed designated disposal facility

Section 9: Commercial Refuse Container Specifications

  1. All container units used for commercial refuse collection shall be kept clean and in good repair
  2. The property owner of each commercial establishment is responsible for maintaining sanitary conditions in and around the refuse container
  3. The lids and side doors of all commercial refuse collection containers shall be kept closed. No refuse shall be placed beside or on top of a refuse container.

Section 10: Authority, Costs, Notice to Remove Solid Waste

  1. This Ordinance shall be enforced by such person(s) who shall be so designated by the Village Council of the Village of Barryton, Michigan. The owner and/or tenants of any premises found to be not in compliance with this ordinance will be given notice by way of posting of property.
  2. If solid wastes are not removed from the premises within 48 hours after the date of posting such notice, or if the solid waste is on abutting public right of way. The owner and/or tenants of the premises shall be subject to Village penalties as set forth in Section 13 of this ordinance.  The Village of Barryton is also hereby authorized and empowered to pay for the removal of the solid waste or to order the removal by any authorized Village representative.
  3. When the Village has effected the removal of such solid waste or has paid for its removal, the actual cost thereof, plus accrued interest of 1% per month from the date or removal, shall be charged to the owner of the premises on the next regular tax bill forwarded to such owner by the Village, and said charges shall be due and payable at the time of payment of such tax bill.
  4. Where costs of removal or any civil infractions issued are not paid by an owner within sixty (60) days after the removal of such solid waste or violations of any sections of this ordinance, then the Village Council shall cause to be recorded in the Treasurer’s Office the date and premises on which removal was done or the violation occurred. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the vent same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the premises described in the statement that the same is due.

Section 11: Material Collection Licenses

  1. No person shall engage in the business or practice of collecting or disposing of refuse in the Village of Barryton without being licensed for such activity.
  2. All contractors shall show proof of liability insurance as required by Village policy.
  3. The contractor shall furnish the name and address of the designated licensed disposal site they use, and the tipping fees charged.
  4. All vehicles operating in the Village must be covered, be water tight, and have the ability to service dumpsters at commercial establishments.
  5. The Village may restrict the number of material collection licensed vehicles operating with the Village of Barryton.

Section 12: Validity

1.Should any section, clause, or provision of this ordinance be declared by a court invalid, the same shall not affect the validity of the this ordinance as a whole or any part thereof other than the parts so declared to be invalid.

Section 13: Penalties

1. The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

2. The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Section 14: Repeal Clause

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section 15: Rules and Regulations

The Village President shall promulgate rules and regulations to carry out the provisions of this ordinance.

Section 16: Efficacy

This ordinance shall be in full force and effect thirty (30) days after final passage by the Village of Barryton Council.

Section 17: Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

I hereby certify to the adoption of this ordinance at the August 12, 2020 council meeting and cause the same to be published as required by law.

Yeas __5___  Nays ___0__    Ordinance declared: Adopted

Published Date: August 19, 2020                  Effective Date: September 18, 2020

Signed by Village Clerk:                                 and                  Village President:

Melissa Lazzaro___________                                   __Evelyn Jones_____________

Amended 2nd paragraph at the top to change the penalty rate from 30% to 10%

Amended Sec. 1 to read “Container provided by company under contract with the Village”

Amended Sec. 6(1) replaced the phrase “or in any other acceptable refuse containers” with “placed inside container provided by company under contract with the Village”

Amended Sec. 6(3) to change the set out time from 6PM to NOON

Amended Sec. 6 title to read “Collection Requiremwnts-Residential”

Amended to add Sec. 6(4) All Solid Waste containers must be removed from curbside and returned to the residence by 6 pm on the day of collection