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BULLET St. Louis City Revised Code Chapter 11.02 Solid Waste Disposal Part VI

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.02
Solid Waste Disposal

PART VI VIOLATIONS AND ENFORCEMENT

Sections:

11.02.365 Violations--Designated.
11.02.370 Penalty for violations.
11.02.375 Fine determination--Payment.
11.02.380 Enforcement--Procedure.

Editor's Note:

Ordinance 59121 repealed the following provisions of Chapter 11.02:

Part IV, Contracts for Disposal of Garbage, 11.02.370--11.02.400, codified from 1948 C. Ch. 27 24 and 1960 C. 283.010--283.070.

Part V, Sale of Rubbish, 11.02.405--11.02.420, codified from Ordinance 48149 1--4, 1956 and 1960 C. 285.010--285.040.

Part VI, Private Dumps, 11.02.425--11.02.460, codified from Ordinances 58817 1, 1983; 44740, 1948 and 1960 C. 287.010--287.070.

Charter:

Art. I 1 (22) Sewage, ashes and garbage

V.A.M.S.:

260.200--260.245 Solid waste disposal

McQuillin:

24.242 et seq. Control, collection and disposal of waste

11.02.365 Violations--Designated.

A. It is a violation of this chapter for any person to dump any refuse at any place within the City which is not an approved sanitary landfill site or other site approved by the Refuse Commissioner.

B. It is a violation of this chapter for any person to dump any demolition material at any place within the City which is not an approved demolition landfill or other site approved by the Refuse Commissioner.

C. It is a violation of this chapter for any person to dump any inert matter at any place within the City which is not an approved inert matter disposition site or other site approved by the Refuse Commissioner.

D. It is a violation of this chapter to conduct, procure, cause, or permit the hauling or dumping of refuse:

1. By a person who does not have a hauling permit as provided in Section 11.02.265; or

2. In a vehicle for which a vehicle permit is not in effect as provided in Section 11.02.265; or

3. At a site within the City for dumping other than an approved sanitary landfill or other site approved for dumping of the type of matter to be dumped by the Refuse Commissioner.

A violation of subparagraphs 1 and 2 of this subsection occurs and continues from the time of placement of any refuse, in a vehicle operated by anyone who does not have a hauling permit as required by this section or in a vehicle for and on which a vehicle sticker is not in effect and displayed as required by Sections 11.02.265, 11.02.270, 11.02.275, 11.02.315--11.02.340, until the refuse is dumped.

A violation of subparagraph 3 of this subsection occurs whenever refuse, demolition material, or inert matter is dumped at a prohibited site.

E. For purposes of this section, refuse, demolition material and inert matter remains the property of the person from whose premises it originates until it is dumped at an appropriate disposition site or finally removed from the City.
(Ord. 60292 3, 1987: Ord. 59121 11, 1984.)

11.02.370 Penalty for violations.

Performance of any act prohibited by this chapter, and failure to perform any act required by this chapter, shall be punishable by a sentence of not more than 90 days in jail, or by a fine of not more than $500.00 or both or by any combination of sentence and fine up to and including the maximum sentence and maximum fine. Each day that any violation hereunder continues is a separate offense subject to the penalties provided in this subsection.
(Ord. 59121 13 (a), 1984.)

11.02.375 Fine determination--Payment.

The Refuse Commissioner, Health Commissioner, Building Commissioner, Director of Streets, and judges of the City Courts shall from time to time endeavor to determine standard fines or other suitable penalties for common violations of this chapter, and the judges may issue a schedule of cash payments that may be made in lieu of a court appearance. Such fines shall be in amounts designed to deter violations. Such schedule, if issued, may be withdrawn or revised by the judges in their discretion from time to time.
(Ord. 59121 13 (b), 1984.)

11.02.380 Enforcement--Procedure.

A. The enforcement of the provisions of this chapter is the joint responsibility of the Refuse Commissioner, Health Commissioner, Building Commissioner, Director of Streets, Deputy Fire Inspectors, and Police officers. Whenever any of them shall find or observe a condition which violates or is a violation of any provisions of this chapter, he shall:

1. At his discretion, issue a notice of violation by mail or by service, which notice will explain the violation and demand its abatement forthwith or within a reasonable period of time. The time for abatement may be extended, at the discretion of the Refuse Commissioner, Health Commissioner, or Building Commissioner, for a period not to exceed six months. No extensions of time for abatement may be granted if public health is endangered by existence of the violation. If abatement does not occur as demanded, or if the official does not issue an abatement notice, the officer may make application to the City Counselor who, if satisfied that there are reasonable grounds to believe that an offense has been committed and that a case against the accused can be made, shall file an information with the City Court, pursuant to Supreme Court Rule 37.08.

2. In any case in which it is lawful for a Police Officer to arrest a person without warrant, at his discretion or at the request of a Refuse Division employee, Health Officer, Building Inspector, or Deputy Fire Inspector, he may forthwith serve the person with a summons instead of arresting the accused.

3. Nothing in this section shall impair or interfere in any way with any or all of the rights, powers, and duties of the Health Commissioner to abate nuisances pursuant to the provisions of Chapter 11.56 of the City Code, other provisions of such Code or any ordinances, or Articles I (25) of XIII (14C(c)) of the City Charter. The Health Commissioner may pursue all enforcement remedies contained in this chapter and all other applicable chapters of the City code, including Chapter 11.58, against violators of this chapter.

A summons instead of a warrant may issued on the filing of an information if the judge or prosecutor has good reason to believe the accused will appear in response thereto. The summons shall describe the offense charged and shall command the accused to appear at a stated time and place in answer thereto. The summons may be served in the same manner as a summons in a civil action. If the accused fails to appear as commanded by the summons, a warrant of arrest shall be issued.

B. Proceedings under this chapter shall be consistent with the Missouri Rules of Practice and Procedure in Municipal Courts of the Missouri Supreme Court.
(Ord. 59121 13 (c, d), 1984.)

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