ARTICLE II. LITTER*
*Cross references: Littering in drive-in restaurants, § 14-36; littering with dangerous substances, § 19-76; duty of owners and occupiers of land to keep property free of litter, § 28-63.
State law references: Littering, MCL 752.901, MSA 28.603(1).
Sec. 17-192. Intent of article.
It is the intent of this article to regulate the storing, labeling and recovery of shopping carts and to prohibit any person from the unlawful removal of shopping carts from the premises of the owners, or the abandonment of carts in public places in the city.
(Code 1958, § 4-214; Ord. No. 443, § 1, 6-21-71)
Sec. 15-28. Dangerous litter.
(a) Notice to owner. The public works foreman or such other person as the city council may designate is hereby authorized to pick up any shopping cart which appears to be abandoned on any public or private property and to notify the owner of such shopping carts to reclaim such cart within a one-week pickup period. Such notice may be by telephone, United States Mail, or personal contact. If the owner shall reclaim the cart, he shall pay a charge as provided by resolution of the city council for each cart claimed. If the cart is unclaimed within the period so provided, the cart shall be disposed of as rubbish.
(b) Noncompliance of owner; disposal by city. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare within ten (10) days after receipt of written notice provided for in subsection (a) of this section or within five (5) days after the date of such notice if the notice is returned to the city because of inability to make delivery thereof, provided that the same is properly addressed to the last known address of such owner or agent, the public works foreman or such other person as designated by the city council is hereby authorized and empowered to order disposal of such litter by the city.
(c) Charge for disposal included in tax bill. When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six (6) percent per annum from the date of the completion of the work, if not paid for by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city. The charge shall be due and payable by the owner at the time of the payment of such bill.
(d) Recorded statement constitutes lien. Where the full amount due the city is not paid by the owner within thirty (30) days after the disposal of the litter, as provided for in subsection (b) of this section, then the public works foreman or such other person as designated by the city council shall cause to be recorded in the city treasurer’s office and city clerk’s office a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done. The recordationof such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of five (5) percent if the same is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily. The sworn statement shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(Ord. No. 82-128, § 17, 9-28-82)
Sec. 15-29. Collection.
(a) Rubbish. Rubbish means nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, wrappings, cigarettes, cardboard, tin cans, wood over two (2) inches in diameter, glass, bedding, crockery and other similar materials; refrigerators, stoves, dryers, and other similar wood or metal materials; abandoned automobiles, shopping cart or devices commonly used in supermarkets, department stores and other businesses.
(b) Compostables. It shall be the duty of owners, proprietors or persons in charge of every dwelling house, store, or other buildings in the city to separate compostable yard wastes from other garbage, refuse or rubbish and to place the same in secured paper bag(s), as designated by the director of the department of public works, or refuse container(s) in a size and of such quality as defined by this section. The same shall be placed at the curb on the normal pick-up day, but shall be segregated from other garbage and rubbish placed there to facilitate its pick up so that compostable yard wastes are not picked up for disposal as are the normal garbage, refuse and rubbish. Compostable material shall be placed at least ten (10) feet away from the other garbage, refuse and rubbish to be picked up and parallel to the right-of-way. Bags or containers of compostable yard waste may be rejected, (that is) not collected, if they contain mixed waste or are otherwise not acceptable because of kind or capacity. Rejected bags or containers shall be clearly tagged with the reason for the rejection and that they shall be immediately removed by the owners, proprietors or persons in charge and may be placed out for the next collection. If such rejected yard waste is left at the curb, the person responsible will be subject to the enforcement action under the penalty provisions of the city code.
(c) Placement of containers for collection. All residential, commercial and multiple dwelling solid waste, recyclable materials and yard waste intended for disposal by the city’s disposal contractor shall be placed in containers, as described in section 15-30 and shall be placed at the street, or such other location indicated by the director of public services, for collection by the city’s disposal contractor. No container shall be placed for collection until 5:00 p.m., the night before scheduled collection, and all empty containers shall be removed from the collection point no later than 7:00 p.m. the day of collection.
(d) License required for collection. No person shall collect, transport, deliver, dispose or remove any solid or yard waste or recyclable material generated within the city without first obtaining a license for such from the city. Such a license shall be issued upon application to the city clerk and upon payment of the license fee, as prescribed by council resolution, to the city of Taylor. This section shall not prohibit lawn care services from removing yard waste from the customers premises without a license.
(e) License holder requirements. It shall be an express condition of each license under this chapter that the holder of the license shall comply with:
(1) All rules, regulations and ordinances of the city and all provisions of this chapter;
(2) All applicable federal, state, county and local laws, statutes, rules, regulations, and ordinances, including, but not limited to, those pertaining to the collection, transportation, delivery and disposal of residential solid wastes, residential recyclable materials and residential yard waste.
(3) All applicable rules and regulations of any and all disposal sites, recycling centers and/or composting sites utilized for the disposal of waste, recyclables or yard waste for the city by the possessor of the license.
(f) Containers to be weather-tight. All vehicles or containers used for the collection and transfer of solid waste, recyclables or yard waste, shall be weather-tight and of such construction and operated so that its contents do not spill upon the public ways or otherwise create a nuisance.
(Ord. No. 82-128, § 18, 9-28-82; Ord. No. 95-276, § 2, 4-4-95; Ord. No. 99-332, § 2, 5-18-99; Ord. No. 99-336, § 1, 8-17-99)
