Chapter 46 SOLID WASTE Revised 3-1-06

Sec. 46-1. Definitions.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

Sec. 46-3. Disposition of vegetable waste matter and other waste under state regulations.

Sec. 46-4. Commercial collection.

Sec. 46-5. Hours of collection.

Sec. 46-6. Transporting garbage; unlawful dumping.

Sec. 46-7. Penalty for violation of chapter.

Sec. 46-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial solid waste means solid waste collected from a commercial or industrial site or stored in large dumpsters which require the assistance of mechanical lifting devices on waste hauling vehicles in order to be emptied or removed from the site.

Garbage means all food wastes, including every refuse accumulation of animal or vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in, or storing of food.

Noncommercial solid waste means solid waste other than commercial solid waste, including, but not limited to, solid waste generated by households.

Rubbish means non-putrescible solid waste, excluding ashes, consisting of either combustible or noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety.

Solid waste means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleaning, municipal and industrial sludge, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. When the term "solid waste" appears by itself in this article, it shall be interpreted as including both commercial solid waste and noncommercial solid waste.

Waste and vegetable matter means all fruits and vegetables or waste parts of fruits and vegetables.

(Ord. No. 147, art. II, 7-11-88; Ord. No. 2005-04, 2-14-05)

Cross references: Definitions generally, § 1-2.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

(a) Garbage. No person shall deposit or place any garbage in any street, alley, river, or other place within the township, nor shall any person deposit or place any garbage upon private property, unless such garbage is buried immediately or is properly drained and wrapped, and deposited in a suitable watertight can, vessel, or container, equipped with a closely fitted cover which cover shall not be removed except when necessary to deposit garbage therein or to empty the can, except in accordance with the limitations and regulations as set forth in section 46-3.

(b) Rubbish; provision of containers. No person shall deposit, throw or place any rubbish in any street, alley, river, or other public place, or private premises other than his own, and it shall be the duty of the occupant of the premises in the township to provide proper containers for the storing of rubbish, and to keep such containers in good, clean condition.

(c) Disposal procedures. No person shall allow solid waste to accumulate on property owned or occupied by that person so as to cause a health hazard or a nuisance. Noncommercial solid waste awaiting disposal shall be kept in sealed plastic trash bags or receptacles which are watertight and constructed of metal, high-density polyethylene plastic, or other similar material in order to prevent disturbance by animals and the entrance of insects. Noncommercial solid waste receptacles shall not be located at the curb for pickup purposes more than 48 hours before or 72 hours after the designated pickup day. No person shall place a solid waste receptacle in the front yard, as defined in Sec. 2.102 [sic], except when placing the receptacle for collection.

(d) Dismantled vehicles. No person shall store, dismantle, wreck, dispose of or repair any automobile, trailer, or other self-propelled motor vehicle which is dismantled or partially dismantled or an unregistered or unlicensed motor vehicle without current up-to-date license plates attached to such vehicle for a period of more than two weeks, unless such vehicle is stored or parked within a wholly enclosed garage or other enclosed structure, or unless such motor vehicle is regularly used by the owner of the premises in the ordinary course of business or farming on a seasonal or annual basis, except in a junkyard licensed by the township under this chapter. Any such unlicensed or licensed, operable or inoperable, or dismantled vehicle, if located in any road right-of-way, shall be removed after a 24-hour period.

(Ord. No. 147, art. IV-A, §§ 1--4, 7-11-88; Ord. No. 2002-03, 1-28-02; Ord. No. 2005-04, 2-14-05)

Sec. 46-3. Disposition of vegetable waste matter and other waste under state regulations.

(a) State agricultural commission exceptions. Waste matter or garbage produced on a farm and which is distributed or placed on farm property or pursuant to a farm operation in a manner which conforms to generally accepted agricultural and management practices according to policy as determined by the state agricultural commission shall be exempt from regulation under this chapter.

(b) Municipal sludge. Waste matter or sludge which is distributed on land pursuant to a permit issued by the state department of natural resources and in accordance with the rules and conditions of the permit and in accordance with the rules and regulations of the state department of natural resources shall be exempt from regulation under this chapter.

(1) Vegetable waste matter shall not be stored, deposited or dumped within the township, except in a horizontal covered silo, at a height in excess of three feet for a period in excess of 30 days during the months of March through November, inclusive, provided that if any such stored vegetable matter causes odors or fumes which are offensive to smell, such material shall be removed or buried within 48 hours after written notice from the township officials to remove or bury such material.

(2) Vegetable waste matter which has been deposited or spread on farm land or other vacant property shall be incorporated within the soil within 48 hours after being deposited by the owner or persons in control of such property, and such waste matter shall not be spread within a distance of 400 feet from any occupied residential building.

(Ord. No. 147, art. IV-B, §§ 1--3, 7-11-88)

Sec. 46-4. Commercial and residential collection.

Commercial and residential solid waste may be collected on any day except Sunday. Commercial and residential solid waste shall not be collected before 7:00 a.m. or after 8:00 p.m.

(Ord. No. 2005-04, 2-15-05)

Sec. 46-5. Hours of collection.

All collections of garbage must be made between the hours of 7:00 a.m. and 8:00 p.m.

(Ord. No. 2005-04, 2-14-05)

Sec. 46-6. Transporting garbage and rubbish; unlawful dumping.

No firm or other person shall transport or carry through or on the streets of the township any garbage and rubbish in any wagon or vehicle unless the garbage and rubbish is thoroughly covered with a metal or canvas cover, or carry any garbage and rubbish in cans, wagons or vehicles which are not free from leaks or which allow garbage and rubbish to drip or fall on any street or public place, or dump or dispose of any garbage and rubbish on any vacant lot or open premises within the township.

(Ord. No. 2005-04, 2-14-05)

Sec. 46-7. Penalty for violation of chapter.

Any person, or company including employees and/or supervisor of a company, who violates this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth by the court and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.

(Ord. No. 2000-03, 8-28-00; Ord. No. 2005-04, 2-14-05)