Ordinance 2011-02

An Ordinance Regulating the Handling, Transportation and Removal of Solid Waste Within the Village of Killbuck, Ohio.


WHEREAS, the Village Council for the Village of Killbuck, Ohio has determined that the handling, transportation and removal of solid waste within the Village concerns the health, welfare and safety of the residents of the Village, as well as the appearance of the Village itself, and

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WHEREAS the Council has determined that a need exists to regulate the handling, transportation and removal of solid waste within and from the Village, and the same is in the best interest of the Village and its residents; now therefore


BE IT ORDAINED by the Council of the Village of Killbuck, State of Ohio:


SECTION 1 - The following subsections of the General Offense Code are hereby enacted:




     No person or entity shall operate any service for the pickup and disposal of solid waste within the corporate limits, except in accordance with sections 660.14 to 660.21 herein, and in accordance with all provisions of applicable laws and regulations.







     No person or entity shall operate any service for the pickup and disposal of solid waste within the Village, or in which the point of pickup is within the Village, unless such person or company has obtained a license for such operation from Council. The license shall not be assignable except with permission of Council.







     Subject to Council approval, the Mayor is vested with the power and authority to develop rules and regulations for any solid waste pickup service as part of the terms of the license.







     No person or entity now operating as a solid waste pickup service or that shall hereafter operate in the Village shall decrease the number of vehicles in its fleet, utilize any vehicle without first obtaining approval from the Mayor as to size, weight and type, or increase its rates without first securing consent to do so from Council.







     A person or entity operating under a license granted herein shall be required to acquire a liability insurance policy in the sum stated in the license agreement.







     Council hereby reserves the right, power and authority to suspend or revoke the license hereby granted, upon substantial breach of the license agreement or these provisions.







     (a)     For purposes of this section the following definitions shall apply:





          (1)     “Waste” includes garbage, rubbish, recyclables, bulk items, and yard waste.





          (2)     “Garbage” includes all animal and vegetable matter, singularly or in combination, which has been used as food, or intended to be used as food for humans.  Specifically excluded from garbage shall be any yard waste, such as leaves, grass, weeds, branches, flowers and fruits.





          (3)     “Rubbish” includes all household waste not considered recyclable, including, but not limited to, contaminated paper, broken glass and crockery, floor sweepings, disposable diapers and other personal hygiene products, clothes, shoes, rubber, leather, and general household scraps.  Specifically excluded from rubbish shall be: construction debris such as stones, masonry, concrete, lumber, shingles, tar paper, auto parts, engines, tires, batteries, paints, liquids, and any hazardous waste materials.





          (4)     “Recyclables” includes aluminum cans, tin cans, bimetal cans, glass food and beverage containers, PET and HDPE plastic containers, newspapers, magazines, junk mail, corrugated cardboard, and any other material designated by the Mayor.





          (5)     “Bulk items” includes household furnishings and appliances, which must be set at curbside on regular trash pickup day.  Customers to have Freon removed from appliances (e.g., refrigerators, dehumidifiers, and air conditioners) and have them properly tagged for removal by trash hauler.





          (6)     “Yard waste” includes leaves, grass, weeds, branches, bushes, flowers, fruits, and any vegetable matter commonly associated with residential property maintenance.  Christmas trees are included in the definition of yard waste.





          (7)     “Person” means any person, organization, corporation, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial or legal entity.




     (b)     No person who owns, occupies or is in charge of any parcel of property within the Village shall do or allow any of the following on said property:





          (1)     Place or deposit on the curb or tree lawn any waste unless it is intended for regular weekly waste removal/pick-up.





          (2)     Place or deposit on the curb or tree lawn any waste intended for regular weekly waste removal/pick-up earlier than noon on the day before such pick-up is scheduled; provided, however, yard waste may be placed on the curb or tree laws for pick-up at any time on the day before such pick- up is scheduled.





          (3)     Place any waste intended for pick-up unless such waste is generated from the premises.





          (4)     Leave waste at the curb or tree lawn for collection unless it is in a proper container.  For purposes of this subsection, a proper container can be plastic bags, metal cans, or plastic cans, all weighing less than fifty pounds each when full.  No fifty-five gallon metal drums may be used.





          (5)     Fail to containerize waste in a manner adequate to prevent scavenging animals and the natural elements from littering the area.  Any such litter at the collection site shall be cleaned up by the person responsible for placing the waste at that location.





          (6)     Fail to remove by 6:00 p.m. on the pick-up day any reusable waste containers that are left by the hauler after the weekly waste removal/pick-up.




     (c)     Whoever violates section 660.20(b) is guilty of a minor misdemeanor.




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 660.21 PENALTY.


     Whoever violates any provision of sections 660.14 to 660.20 for which a penalty is not otherwise provided shall be fined not more than one thousand dollars ($1,000). Each day a violation continues or occurs shall constitute a separate offense. 




This Ordinance shall take effect and be in force from and after the earliest period allowed by law.


Passed at regular meeting of the Village Council, duly convened with a quorum present, this __________ day of ________________.




                                                                       Council President Pro Tempore






Village Fiscal Officer







Village Mayor