CROSS REFERENCES
Collection and disposal of garbage, RC 715.43, 717.01
Vehicle loads dropping or leaking, RC 4513.31
Parking waste collection vehicles, CO 203.08
Residential occupancy garbage and rubbish disposal, CO 369.08
Rubbish and garbage disposal in rental dwellings, CO 371.07
Depositing rubbish under viaducts, CO 577.14
Prohibitions against littering, CO Ch 613
As used in this chapter:
(a) "Garbage" means all putrescible wastes, including, but not limited to, vegetable matter, animal offal, carcasses of dead animals and the like, excluding recognized industrial by-products.
(b) "Industrial waste" includes rubbish and processing wastes associated with mechanical or chemical transformation of inorganic or organic substances into new products or from assembling component parts.
(c) "Solid waste" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, household, community and private operations, excluding earth material from construction, mining, demolition operations, and slag. Such material shall be deemed to include, but not be limited to, garbage, rubbish (both combustible and noncombustible), street dirt, debris, ashes, any discarded matter to be removed from public and private properties and other like substances which may be harmful or inimical to public health, as well as other items determined to be solid waste by the Director of Public Service.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
Waste containers approved for residential collection by the City shall be substantially constructed of plastic, nonrusting metal or other nonleakable, nonabsorbent material. Such containers shall be capable of being tightly closed by lid or tie, so as to prevent insect breeding, spillage of refuse and other health and safety problems. Containers shall not exceed seventy pounds in weight when filled. Rigid containers of metal, plastic or other nonleakable nonabsorbent material shall be equipped with handles to facilitate handling. Plastic bags shall be of sufficient gauge to prevent easy tearing. The container shall be of such a size, shape and weight that, when filled, it may be easily handled by one person.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
All waste containers and dumpsters used or maintained for the collection, storage or disposal of commercial solid waste shall be tightly closed with a lid or cover at all times, except during the act of loading or unloading, so as to prevent insect breeding, spillage of refuse and other health and safety problems.
(Ord. No. 2892-87. Passed 2-8-88, eff. 2-11-88)
The Director of Public Service or his or her authorized agent shall seize and destroy a waste container which is in poor repair or which has rough or sharp edges or other defects which render it dangerous to handle; which is so dilapidated that it is not suitable for holding waste materials; or which may create a health or safety hazard; provided that written notice by the Director or his or her authorized agent is given to the owner or person having control of such container. The written notice shall state that such container is dangerous or unsuitable for use and that if it is not replaced or satisfactorily repaired prior to the next collection of garbage or other solid waste material following such written notice, such container shall be confiscated.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) No person shall set out solid waste for collection in a waste container that fails to meet the requirements of Section 551.02.
(b) No person shall set out for collection solid waste that cannot be contained in a waste container except in the manner prescribed by Section 551.05.
(c) No person shall set out solid waste for collection at any place other than the tree lawn in front of the property or at another designated place for waste collection as defined in division (g) of this section.
(d) No person shall set out any solid waste or any waste container for collection earlier than 12:00 noon on the day preceding a regular collection day.
(e) No person who has set out a waste container for collection shall fail to remove it from the tree lawn or other designated place for waste collection no later than 12:00 noon on the day following the date of collection.
(f) No owner of any property in the City shall fail to maintain the tree lawn of the property or other designated place for waste collection free from any solid waste or solid waste containers, except that it shall not be a violation of this division if:
(1) The solid waste or solid waste containers are found on the tree lawn or other designated place for waste collection not earlier than noon the day before a regular collection day; and
(2) The solid waste is in a container or containers that meet the requirements of Section 551.02, or without a container if the requirements of Section 551.05 are met; and
(3) All solid waste and solid waste containers are removed from the tree lawn or other designated place for collection within twelve hours after the collection occurs.
(g) The Director of Public Service may issue rules not inconsistent with the requirements of this chapter to establish designated places for waste collection. Any such rule of the Director shall be effective ten days after its publication in the City Record.
(h) As used in this section:
(1) The phrase “tree lawn” means the area between the curb and the sidewalk or the area between the curb and property line if there is no sidewalk.
(2) The phrase “another designated place for waste collection” or “other designated place for waste collection” means an alleyway adjacent to the property if waste collection occurs there, and also means any other place designated for waste collection pursuant to rule of the Director of Public Service issued under division (g) of this section.
(Ord. No. 2461-03. Passed 6-14-04, eff. 6-21-04)
No furniture, bundle of brush, tree trunk or other such special waste shall be routinely collected by the regular waste collectors. Any solid waste, other than furniture, appliances or other such bulk items, that is so large that it cannot be contained in approved containers, shall be securely tied in compact bundles not to exceed 100 pounds in weight and shall be placed in a location convenient for collection.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The Director of Public Service, within the limitation of funds appropriated and available for such purposes, shall make provision for the collection of garbage and solid wastes at regular intervals so that garbage will be collected at least once each week and so that solid wastes will be collected at least once each month. If the collection of garbage cannot take place at least once each week or if the collection of solid wastes cannot take place at least once each month, the Director shall report the same to Council without delay.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
Sufficient solid waste containers, as set forth in Section 551.02, shall be in conformity with applicable State statutes and local regulations or rules adopted by the Director of Public Service. They shall be provided, kept clean and located as follows:
(a) Single or Two-Family Dwellings. Where there are not more than two dwelling units on a single premises where wastes accumulate, each unit occupant shall provide and properly maintain solid waste containers sufficient to house the solid waste for his or her respective unit.
(b) Multiple Dwellings. Where there are more than two dwelling units on a single premises where wastes accumulate, the owner of the premises, the lessor or the managing agent shall provide and properly maintain solid waste containers of sufficient capacity to contain the solid waste materials of each dwelling unit.
(c) Food Service and Food Handling Operations. Food service and food handling operations which store solid waste shall do so only in dumpsters, compactors and other containers that are kept and maintained fully closed and airtight at all times, except in the act of loading or unloading, and shall store such waste in accordance with the Ohio Food Service law, local ordinances and rules and regulations adopted by the Director of Public Service. When the Director of Health determines that small containers are used by a food service or food handling operator in such a way as to constitute a public nuisance, he or she shall have the authority to order the use of dumpsters or compactors. In case of such an order, the food service or food handling operator may appeal such order as provided by the City Charter.
(d) Underground Containers. After December 16, 1981, no underground solid waste container shall be permitted in the City.
(e) Location of Containers. All privately owned solid waste containers shall be located on private property and not on a street, alley, sidewalk, or other public place and stored under the requirements of the Zoning Code. No person shall store a solid waste container in the front of a residential property including on any porch or in the area between the street and the front of a residential structure.
(Ord. No. 1498-03. Passed 11-17-03, eff. 11-19-03)
(a) Before being deposited in waste containers, parcels of household garbage shall be drained of moisture and wrapped in paper or other combustible material. All containers used for garbage shall be kept clean and disinfected.
(b) No garbage shall be allowed to remain exposed in a building or on a premises longer than is reasonably necessary to remove and deposit the same in proper waste containers.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) Items of solid waste which are susceptible to being blown about by the wind or otherwise scattered, or which might create a health and safety hazard, shall not be unloaded, placed, stored or transferred along public streets or sidewalks, except in bags, boxes, bales or other suitable containers.
(b) No person shall throw or scatter any trash, refuse or other waste, or cause the same to be thrown or scattered, in a street or other public place. The Commissioner of Waste Collection shall authorize Service Department employees to pick up such items for disposal.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) When a person has set recyclable materials out on a public street or alley for collection by the City or its contractor pursuant to the City's curbside recycling program, no person except an employee, contractor, or agent of the City who is engaged in implementing the City's curbside recycling program shall remove any of such materials.
(b) For purposes of this section, "recyclable materials" means glass bottles and jars, plastic soda bottles and milk, juice, and water jugs, aluminum and tin food and beverage cans, newspapers, corrugated cardboard, and brown paper grocery bags.
(Ord. No. 935-91. Passed 6-17-91, eff. 6-26-91)
(a) No person shall remove or cause the removal of, pick-up, collect, sort or handle solid waste set out on a public street or alley for collection by the City or its contractor between the hours of 8:00 p.m. or sunset, whichever is later, sunset and 7:00 a.m.
(b) The provisions of this section shall not apply to an employee, contractor, or agent of the City who is engaged in the City's waste collection and disposal services or to the owner of, or the person who originally discarded, the solid waste material.
(Ord. No. 1199-2000. Passed 10-30-00, eff. 11-7-00)
(a) Solid waste receptacles placed on sidewalks and streets by the Service Department shall be used only for such solid waste materials as a pedestrian may have for disposal, and shall be picked up by the truck serving that area on each garbage collection day. Such receptacles shall in no case be used for the disposal of solid wastes accumulated in residences or places of business.
(b) No person shall turn over or upset the contents of a solid waste container, public or private, on a street, sidewalk or other public place.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) All commercial solid wastes shall be hauled to transfer facilities or private disposal facilities licensed by the Department of Public Health and Welfare or licensed by the State at the expense of the person producing such wastes.
(b) The Director of Public Service is authorized to establish policies and procedures for the collection and removal of commercial wastes to licensed solid waste disposal sites.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The Director of Public Service may:
(a) Enter into contracts for the removal, by the City, of commercial wastes to licensed solid waste disposal sites; and
(b) Establish service charges, with the approval of Council, for the removal, by the City, of commercial wastes to licensed solid waste disposal sites.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The owner or other person having the right of possession of residential property who evicts someone from the property shall be charged by the Director of Public Service for a portion of the increased waste disposal costs in the sum of one hundred ninety dollars ($190.00). This charge shall only be assessed after issuance of a citation and an investigation by the Commissioner of Waste Collection, or his designee. In all such instances, garbage shall be collected within twenty-four (24) hours after all of the tenant's legal rights to the items have expired.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Director of Public Service shall charge the following fees for the rental of dumpsters and compactors from the inventory of the Department of Public Service:
| 2 yard dumpster | up to $ 13.30 |
| 4 yard dumpster | up to $ 15.70 |
| 6 yard dumpster | up to $ 18.09 |
| 8 yard dumpster | up to $ 20.49 |
| 20 yard dumpster | up to $253.03 |
| 30 yard dumpster | up to $316.89 |
| 40 yard dumpster | up to $380.76 |
| 30 yard compactor | up to $380.00 |
| 36 yard compactor | up to $412.69 |
| 40 yard compactor | up to $444.63 |
However, the Director of Public Service shall reduce the fees by five percent (5%) when a dumpster or compactor is rented by a City of Cleveland resident for non-commercial purposes.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Director of Public Service is authorized to enter into agreements with other governmental entities and with private concerns for the use of the City's Ridge Road Transfer Station for the disposal of solid waste. The Director shall establish the tipping fee for each user of the transfer station in an amount not less than the cost to the City of disposing of the waste, including the unit price paid by the City for its disposal and an additional amount for operational and administrative costs. Any agreement made under this section shall contain provisions that are necessary in the opinion of the Director of Law to protect the interests of the City of Cleveland.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No owner of a commercial or industrial establishment shall fail to apply for, secure, and post a Certificate of Commercial Waste Collection Contract which accurately reflects the party currently collecting and disposing of solid waste from the premises.
(b) An application for a Certificate of Commercial Waste Collection Contract shall be made by the owner or his or her authorized representative on forms obtained from the Director of Public Service. The Director may charge a fee of fifty dollars ($50.00) to cover the cost of issuing the Certificate.
(c) The application and Certificate shall state the name and business address of the applicant, the name and address of the party with whom the applicant has contracted for solid waste collection and disposal, and the duration of the contract. In addition, the application and Certificate shall both contain other information as the Director of Public Service may require.
(d) The Certificate of Commercial Waste Collection shall be securely affixed in a conspicuous place on the premises where designated by the Director of Public Service.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Director of Public Service shall cause to be maintained and available for inspection a daily record of the employees involved in waste removal and the area in which each such employee is employed.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) No person shall throw or deposit, or cause to be thrown or deposited, in or on any court, thoroughfare, harbor, river, canal, pond, creek or other public water, yard, lot or area, or on a building, any dead animal, garbage or filth or any substance that is foul, putrid, offensive or dangerous, or that is detrimental to the public health.
(b) The person having the possession, charge or control of the building or premises on which a dead animal, garbage or filth or any other substance that is foul, putrid, offensive or dangerous, or that is detrimental to the public health, has been thrown or deposited shall immediately cause the same to be removed when ordered to do so by the Director of Public Service.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) The owner or custodian of a dead horse or other large dead animal shall notify the Service Department of such death within six hours thereof, for the purpose of securing the removal of the carcass.
(b) The Director of Public Service may enter into one or more contracts for the removal and disposal of carcasses of such large dead animals.
(c) A small animal may be buried in a hole of not less than two feet in depth, provided that the earth so removed is replaced and provided, further, that the same is not done repeatedly on the same lot or land.
(d) No person shall deposit a carcass of a dead animal with solid waste.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) No person shall use or cause to be used a dead animal, part of an animal, garbage, filth or any substance that is or by its decomposition might become foul, putrid, offensive or detrimental to public health, for the purpose of filling or grading a lot, ground, gully, ravine, watercourse, dock, wharf or pier, except for an approved sanitary landfill.
(b) The person owning or having the possession, charge or control of any lot, grounds, gully, ravine, watercourse, dock, wharf or pier, on or in which there has been deposited any of the wastes listed in subsection (a) hereof, shall cause the same to be removed when ordered to do so by the Director of Public Service.
(c) The disposal of radioactive materials or hazardous substances in the City is prohibited.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
Manure and other odorous materials shall not be stacked or piled for fertilizing purposes unless such materials are:
(a) Stacked or piled in such a manner so as not to cause objectionable odors at a distance not less than 100 feet from a building used in whole or part as a place for human habitation or as a place where food or drink for human consumption is made, kept or sold, or stored or treated in such a manner so as not to cause objectionable odors; and
(b) Situated so as not to cause a nuisance from insect breeding.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) In order to prevent the spilling of waste, no person shall use or offer or permit to be used, a vehicle to convey manure or other solid waste, unless such vehicle is equipped with a canvass cover that is securely fastened to such vehicle so as to completely cover all of the material contained therein at all times, except when the contents are being loaded or unloaded.
(b) No person shall load or drive, or suffer or permit to be loaded or driven, any such vehicle on a thoroughfare so as to suffer or permit a part of the contents of such vehicle to fall, spill or leak therefrom.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) No person shall engage in the business of collecting, transporting, carrying or hauling solid waste in the City unless such vehicle so engaged is licensed and displays the appropriate sign plate issued by the City. Such a license shall be obtained from the Commissioner of Assessments and Licenses, be valid for a period not to exceed one year and expire on April 30 of every year. The Director of Public Service shall determine the annual fee therefor, with the approval of Council.
(b) The application for such license shall be on a form bearing the name and address of the licensee, the make and model of the vehicle and such other information as the Commissioner may require. In addition, the applicant shall present satisfactory evidence that he or she has an authorized and approved disposal site for the final disposal of waste.
(c) Upon completion of the application, the Commissioner shall transmit the application to the Director for approval or disapproval.
(d) If the Director determines, after investigation, that the applicant complies with all applicable laws relating to licensing and that the vehicle in question is properly registered and licensed, he or she shall, within five days, report the name to the Commissioner who shall thereupon issue such license and a sign plate. The sign plate shall be of metal or plastic composition not less than six inches wide and eight inches long, on which shall be inscribed "Private Waste Hauler Permit, Cleveland, Ohio, No. —————," indicating in the blank space the number of the permit and the year in effect.
(e) Such license and sign plate shall not be transferable between persons or between vehicles. Such license shall be carried in or on the vehicle for which it was issued at all times. The sign plate shall be prominently displayed on the vehicle at all times.
(f) A vehicle used to collect, transport, carry or haul solid waste in the City shall have imprinted on both sides the name, address and telephone number of the person owning the vehicle. The name shall be printed in letters three inches high and not less than three-eighths of an inch wide. Lettering shall be done in a color which will contrast sharply with the background upon which it is painted and shall be placed in such a position as to be easily seen by anyone wishing to identify the vehicle. Markings shall be kept clear and distinct at all times.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The Director of Public Service is authorized to assess an annual fee of seventy-five dollars ($75.00) to be charged for the licensing of any private vehicle engaged in the business of collecting, transporting, carrying or hauling any solid waste.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) The Commissioner of Assessments and Licenses shall suspend for thirty (30) days, or refuse to renew or initially issue, a private vehicle waste hauling license, as authorized by Section 551.19, for a first failure to comply with the standards prescribed by statute or ordinance, and shall revoke such license for each subsequent violation. If such license is revoked, or if the Commissioner fails to renew such license under this section, the applicant shall be barred from filing an application for such a license for one year from the date of such revocation or refusal to renew.
(b) Notwithstanding the provisions of division (a) of this section, the Commissioner of Assessments and Licenses shall revoke a private vehicle waste hauling license issued in accordance with Section 551.19 to any person convicted of a violation of Section 551.26. No person whose license is revoked pursuant to this division shall again be licensed to engage in the business of collecting, transporting, carrying or hauling solid waste in the City.
(Ord. No. 1829-90. Passed 2-4-91, eff. 2-11-91)
In case of a refusal to issue or renew a private vehicle waste hauling license or a revocation or suspension of such license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal such a ruling, as provided by the City Charter.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
No person owning or driving a vehicle hauling solid waste shall cause the collection, transportation or transfer of such waste other than between the hours of 6:00 a.m. and 7:00 p.m. No collection, transportation or transfer shall occur on Saturdays after 4:00 p.m. or on Sundays. Application for exceptions to this provision may be made to the Director of Public Service, on a form provided by the Director. Such exceptions shall be granted only where the applicant is able to demonstrate circumstances of great practical difficulty in the collection and transportation of solid waste in areas where there is heavy daytime vehicular and pedestrian traffic and a concentration of commercial activity.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The person in possession or control of a vehicle licensed pursuant to Section 551.19 shall cause it to be cleaned at least once a week while in use and to be kept clean when not in use.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
No person owning or having the possession, charge or control of a car, vehicle, boat or vessel, having in or upon it a substance that is foul, putrid, offensive, dangerous or detrimental to public health, shall allow such car, vehicle, boat or vessel to remain in the City longer than the time necessary for the completion of its loading.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
No person shall park a truck or other commercially licensed vehicle, whether loaded or unloaded, which is used for the collection and transportation of solid waste, garbage or the contents of private sewage tanks, on a public street, alley or other public place or on private property in a residential district, as provided for in Chapter 337, except for loading purposes or emergency repairs.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) As used in this section, "Commercial Car," "Trailer," "Truck" and "Vehicle" shall have the meaning ascribed to them in Chapter 401 of the Codified Ordinances.
(b) No person shall dump or otherwise dispose of solid waste or industrial waste by commercial car, trailer, semitrailer, pole trailer or truck on any public or private property not licensed as a solid waste disposal facility pursuant to this chapter, except as provided in Section 551.29. Any owner of a commercial car, trailer, semitrailer, pole trailer or truck who permits or employs another person to use the vehicle and who knows or should have known through due diligence that the vehicle will be used for the purpose described in this division is guilty of a violation of this division.
(c) No person shall dump or otherwise dispose of solid waste or industrial waste by any vehicle other than a commercial car, trailer, semitrailer, pole trailer or truck on any public or private property or place not licensed as a solid waste disposal facility pursuant to this chapter, except as provided in Section 551.29. Any owner of a vehicle who permits or employs another person to use the vehicle and who knows or should have known through due diligence that the vehicle will be used for the purpose described in this division is guilty of a violation of this division.
(d) This Council determines that solid waste and industrial waste dumped or otherwise deposited on public or private property not licensed as a solid waste disposal facility pursuant to this chapter, except as provided in Section 551.29, constitutes a public nuisance which must be abated, for this reason, any expense or costs incurred in removing waste dumped or deposited in violation of this section shall be paid by the violator. The Director of Public Service is hereby authorized to send written notice to violators of division (b) and (c) of this section to remove waste dumped or deposited in violation of this section within five (5) days of receipt of the notice. If the violator fails to remove the waste within the time provided in the notice, the Director of Public Service may remove the waste and the Director of Law may take any action necessary to collect the cost of the removal from the violator.
(Ord. No. 893-91. Passed 4-15-91, eff. 4-22-91)
The Director of Public Service is hereby authorized to pay a reward to any person who provides the City with information leading to the identification and conviction of any person for a violation of divisions (b) or (c) of Section 551.26. Such reward shall be in an amount equal to one-half of the fine which is actually imposed by a court in accordance with divisions (g) and (h) of Section 551.99 and collected by the City. A person entitled to a reward as provided in this section must file a claim with the Director of Public Service to collect the reward.
(Ord. No. 1829-90. Passed 2-4-91, eff. 2-11-91)
(a) Directors of departments that contract for demolition work shall include in all such contracts a provision providing that it is a material breach and cause to cancel the contract for the contractor to dump solid waste from the demolition on any public or private property or place not licensed as a solid waste disposal facility pursuant to this chapter, except as provided in Section 551.29.
(b) In the event that a demolition contract is cancelled pursuant to division (a) of this Section, the contractor shall be barred from obtaining another contract with the City of Cleveland for demolition services for a period of one (1) year from the date of cancellation.
(Ord. No. 2167-A-87. Passed 5-22-89, eff. 5-30-89. Renumbered by Ord. No. 1947-89. Passed 9-11-89, eff. 9-15-89)
A log shall be maintained and made available for inspection in every vehicle used for hauling solid waste. Such log shall be in a form specified by the Director of Public Service, containing information regarding the source, times, destination and disposition of the solid waste being carried by the hauler.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
No person, except one having permission to deposit solid wastes or so authorized by the City, shall deposit at, or remove solid waste materials from, any City-owned dump, incinerator, landfill, transfer station or similar installation.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) The Director of Public Service shall issue permits for transfer site usage only for the disposal of waste accumulated in the City. Permits may be revoked for cause.
(b) Any person who is a resident of the City may, a maximum of four times a year, haul non-commercial solid waste accumulated in the City to a City transfer site without obtaining a permit for transfer site usage or paying any service charge.
Concrete, brick, dirt, rocks, mortar, toxic and hazardous materials and all other materials prohibited under state law shall not be accepted.
Proof of City residency shall be evidenced by presentation of a valid driver's license and a recent utility bill.
City transfer sites shall remain open on Saturdays between the hours of 8:00 a.m. and 4:00 p.m.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Director of Public Service is hereby authorized to assess and collect a service charge per ton for any load of privately hauled solid waste received at a City transfer site equal to the actual charge per ton to the City for the disposal of the solid waste at a landfill plus an amount for operational and administrative costs.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Director of Public Service is hereby authorized to determine, with the approval of Council, and collect, a charge for shredder service for any load or privately hauled tires.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The Director of Public Service is hereby authorized to assess and collect a charge of fifty cents (50¢) per tire for shredder service for privately hauled tires.
(Ord. No. 676-A-82. Passed 6-21-82, eff. 6-23-82)
No person shall operate, own, lease or manage a solid waste disposal facility in the City without first obtaining a license, with Council approval, to do so as provided in this chapter.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
An application for the license required in Section 551.31 shall be made to the Commissioner of Assessments and Licenses on forms prescribed by him or her and shall set forth the name, residence and business address of the applicant; the proposed location of the facility; the owner of record; the lease or contract authorizing the applicant to use such location as a solid waste disposal facility; the previous experience of the applicant; the equipment owned or to be acquired or leased by the applicant for use thereon; and such other information as the Commissioner may require.
The application shall be transmitted to the Director of Public Health and Welfare and the Director of Public Service for investigation, to the Commissioner of Building for a determination of compliance with the Building Code and the Zoning Code and to the Chief of Fire Prevention for a determination of compliance with the Fire Prevention Code. After investigation, such authorities shall return the application to the Commissioner of Assessments and Licenses with a recommendation for approval or disapproval.
If such application is approved, the Commissioner of Assessments and Licenses shall issue a license upon payment of a fee of five hundred dollars ($500.00).
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
The license required in Section 551.31 is renewable annually upon the payment of a fee of five hundred dollars ($500.00), which fee may be paid during the thirty-day period immediately preceding the expiration of the license. However, such license may be renewed within ninety days after the expiration date upon the payment of the renewal fee of five hundred dollars ($500.00) and a penalty of one hundred dollars ($100.00). No expired license may be renewed after a period of ninety days following its expiration.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
Upon the recommendation of the Director of Public Health and Welfare, the Commissioner of Assessments and Licenses may revoke, suspend or refuse to renew or initially issue the license required in Section 551.31 for the failure to comply with the standards prescribed by statute or ordinance. If such license is revoked, or if the Commissioner fails to renew such license under this section, the applicant shall be barred from filing an application for such a license for one year from the date of such revocation or refusal to renew.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
In case of a refusal to issue or renew a waste disposal facility license, or a revocation or suspension of such a license, by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal such ruling, as provided by the City Charter.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) No person shall use or permit the use of any property as a solid waste transfer or collection site, wherein solid waste is transported onto the property to be collected in or transferred to another vehicle container or trailer.
(b) This section does not apply to the City in its solid waste collection and disposal operation, which, by consent of Council, may construct, operate and maintain such transfer facilities at 3727 Ridge Road and 3222 East 79th Street.
(Ord. No. 910-82. Passed 6-21-82, eff. 6-23-82)
(a) In the event of a violation of Sections 551.19, 551.22, 551.25 or 551.26, a police officer shall provide for the immediate removal and impounding of the vehicle involved in the violation. Chapter 405 is applicable to such impounding.
(b) A vehicle shall be impounded until the Director of Public Service certifies to the Director of Public Safety that fees or fines determined to be owed in connection with such vehicle have been paid and any solid waste illegally dumped has been removed.
(Ord. No. 833-86. Passed 1-26-87, eff. 1-29-87)
Any employee of the Department of Public Health and Welfare designated by the Director of such department has the same powers to enforce this chapter as a police officer of the City.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
(a) Registration. No person, firm, or corporation shall accept for disposal more than five (5) automobile, truck, motorcycle, or bicycle tires in any one calendar month in any one year unless and until the person, firm, or corporation has registered with the Commissioner of Assessments and Licenses as a source of waste tires. The Commissioner of Assessments and Licenses shall furnish a registration form for the purposes of the registration, and, upon the payment of a fee of one hundred dollars ($100.00), shall issue a certificate of registration, which may apply to all locations at which the registrant does business. Registrations shall be renewed annually. The form for registration shall contain the name and address of the registrant, and if a partnership, the names and addresses of all partners, and if a corporation, the name of the corporation and the names and addresses of the officers and the statutory agent and shall contain additional information as deemed necessary by the Commissioner of Assessments and Licenses. Copies of all certificates of registration issued by the Commissioner of Assessments and Licenses shall be provided to the Commissioner of Environment.
(b) Reporting. Except as provided in this section, all persons, firms, or corporations registered under division (a) of this section shall report tire disposal activity to the Commissioner of Environment by submitting a monthly tire disposal report to the Commissioner of Environment on a form promulgated by the Commissioner for that purpose. The monthly tire disposal report form shall contain the date and time that tires were hauled off the registrant's premises during the previous month. The form shall also require disclosure of the identity of each waste hauler transporting tires off the registrant's premises, and the license tag number of each truck used to transport tires off the registrant's premises. The monthly tire disposal report form shall cover a calendar month and be submitted to the Commissioner of Environment no later than ten (10) days after the last date of the calendar month in question.
(c) If a person, firm or corporation operating a repair garage as defined in Section 325.30 disposes of its tires exclusively by contract with a tire disposal entity registered under division (a) above, and a copy of the contract is filed with the Commissioner of Assessments and Licenses with the registration required under division (a) above, then the person, firm, or corporation is not required to report as required in division (b) above.
(d) No person, firm, or corporation who disposes of tires shall fail to register as a source of waste tires as provided in division (a) of this section, or fail to submit monthly tire disposal report forms to the Commissioner of Environment as provided in division (b) of this section, or fail to provide complete information required by the forms.
(e) No person, firm, or corporation shall engage another for the purpose of hauling waste tires unless the waste hauler is licensed under Section 551.19 et seq. of this chapter.
(f) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1003-06. Passed 7-12-06, eff. 7-14-06)
In addition to any other means of enforcement provided for in these Codified Ordinances, the Director of Public Service and his designees, when commissioned by the Director of Public Safety as special police, may enforce the minor misdemeanor offenses contained in this chapter through the issuance of citations in accordance with Rule 4.1 of the Rules of Criminal Procedure.
(Ord. No. 617-97. Passed 6-9-97, eff. 6-18-97)
Note: Section 551.39 was renumbered from 551.38 by Ord. No. 1483-97, passed 8-13-97, eff. 8-20-97.
(a) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be fined twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each subsequent offense.
(b) Whoever violates any provision of Sections 551.04, 551.081 or 551.082 shall be fined not more than one hundred dollars ($100.00). The above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(c) Whoever violates any provision of Sections 551.18, 551.24 or 551.25 shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offense.
(d) Whoever violates any provision of Section 551.19 shall be fined one thousand dollars ($1,000.00).
(e) Whoever violates any provision of division (c) of Section 551.16, Sections 551.22 or 551.31 shall be fined two hundred fifty dollars ($250.00) or imprisoned for up to thirty days, or both, for the first offense, and five hundred dollars ($500.00) or imprisoned for up to sixty days, or both, for each subsequent offense.
(f) Whoever violates any provision of Sections 551.12 or 551.27 shall be fined one hundred dollars ($100.00) for the first offense and two hundred fifty dollars ($250.00) or imprisoned for up to thirty days, or both, for each subsequent offense.
(g) Whoever violates any provison of division (b) of Section 551.26 shall be fined one thousand dollars ($1,000.00) and shall be imprisoned for not less than sixty days and not more than six months.
(h) Whoever violates any provision of division (c) of Section 551.26 shall be fined not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) or imprisoned for not more than six months, or both.
(i) Notwithstanding any other provision of these Codified Ordinances, no part of a penalty imposed under this section shall in any case be suspended or otherwise reduced.
(Ord. No. 1199-2000. Passed 10-30-00, eff. 11-7-00)