94-1 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:

Ashes means the residue from burning of wood, coal, coke, refuse, wastewater, sludge or other combustible materials.

City Council means either the City Council or the Emergency Manager if, and for so long as, an Emergency Manager is appointed and acting in the City pursuant to the Local Government and School District Fiscal Accountability Act (Public Act 4 of 2011), a successor statute or any other statute governing the power of an Emergency Manager. In the event an Emergency Manager is appointed and acting in the City, the Emergency Manager’s authority, actions and power with respect to this article shall be exclusive.

Director means the director of public works and utilities, or director of community development, unless specifically designated otherwise.

Disposal facility means a sanitary landfill or other solid waste disposal facility permitted by the MDEQ and/or other applicable regulatory agency with jurisdiction and utilized for the receipt or final disposition of solid waste.

Dump means to get rid of or deposit irresponsibly litter, waste material and/or other such objects in a heap or mass.

Garbage means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables.

Generator means any person, by site, whose act or process produces refuse/waste matter as described in this section or whose act first causes refuse/waste matter to become subject to regulation under the city Code and ordinances.

Hazardous waste means any solid waste characterized, identified or listed as a hazardous waste by Part 111 of Public Act 451 as amended.

Improved street or improved alley means a street or alley which has been graded and graveled or paved in full conformance with the minimum standards and specifications for such improvements on file with the city engineer at the time of improvement. The improvements may have been made by the city or may have been made by a private developer/property owner under the inspection of the city engineer.

Litter means garbage, refuse, rubbish, and/or all other waste matter which, if thrown or deposited, tends to create a danger to public health, safety and welfare.

Materials recovery facility (MRF) means a processing plant of manufacturing or industrial operation which is designed for the purpose of recovering materials from a solid waste stream which is not generated onsite. A (MRF) must be MDEQ permitted under Act 451 unless the processing plant, recycling facility or yard waste composting facility processes only source separated materials and process residue is less than ten percent of the total volume of material received.

Noncommercial and commercial handbills shall have the same meaning as set forth in chapter 6 of this Code.

Owner means the last person listed on the latest local tax assessor’s roll.

Person means an individual, proprietorship, partnership, association or corporation, public or private, organized or existing within the laws of this state or any other state, including a federal corporation.

Processing facility means a MDEQ permitted facility whose activities include, but are not limited to, the extraction of materials, transfer, volume reduction, conversion to energy, or other separation and preparation of solid waste for reuse, recycling, or disposal, including the treatment or neutralization of hazardous waste, designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize such waste, or to recover energy or material from the waste, or to render such waste non-hazardous or less hazardous; safer to transport, store, dispose of, or make it amenable for recovery, amenable for storage, or reduced in volume. Unless the city determines that regulation of such activity under these rules is necessary to protect human health or the environment, the definition of processing does not include activities relating to those materials exempted by the administrator of the MDEQ.

Refuse means garbage and rubbish in combination.

Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as ashes, paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, plastic, bedding, crockery and similar materials.

Solid waste means the identical meaning in Part 115 of the Michigan Natural Resources and Environmental Protection Act, MCL §§ 324.11501 through 324.11550, as amended.

Solid Waste Disposal System means solid waste disposal plants, incinerators, transportation systems used in connection with transport of solid waste, resources recovery facilities, processing facilities, composting facilities, solid waste transfer facilities, any other solid waste handling or disposal facility or instrumentality utilized in the transport, disposal or disposition of solid wastes and all instrumentalities and properties used in connection with those systems.

Transfer station means a MDEQ permitted processing facility or material recovery facility (MRF) whose principal activity is the volume reduction and rehandling or storage of solid waste incidental to the transportation of the solid waste to a disposal facility.

Unacceptable material means waste matter and items excluded from collection in regulations issued by the director of public works and utilities, including improperly prepared and/or improperly contained items.

Unimproved street or alley means such street or alley which does not conform with the definition of improved street or improved alley as defined in this section.

Vehicle owner means the owner registered with the secretary of state of this state.

Waste matter means tree stumps and tree branches over two inches in diameter; construction materials such as stones, bricks, concrete, plaster, lumber, shingles, sand, gravel, asphalt, and earth; vehicles or large parts of vehicles; dangerous materials which are radioactive, toxic, highly inflammable, acid, caustic, explosive, or hazardous; excrement; dead animals; and other items which are impractical for the city to collect or dispose of because of their excess weight, volume or dangerous nature.

Yard waste means leaves, grass clippings, small plant clippings, and brush that is two inches or less in diameter and four feet or less in length.

(Ord. No. 2203, 9-21-06; Ord. No. 2231, 10-19-11)

94-2 Enforcement of this chapter; adoption of rules and regulations; authority of certain officers to issue tickets.

The enforcement of this chapter shall be the duty of the directors, who are hereby authorized to adopt reasonable regulations to carry out the intent of this chapter. However, police officers and others designated by the mayor are authorized to issue appearance tickets for violation of this chapter.

(Ord. No. 2203, 9-21-06)

94-394-25 Reserved.