New Household Waste Collection Ordinance Effective July 23, 2021

At the June 14, 2021 Township Board Meeting, the Board adopted Ordinance No. 453, Household Waste Collection.  The ordinance was published in the Herald on Wednesday, June 23, 2021.  The ordinance is as follows:

The Charter Township of Vienna
Household Waste Collection Ordinance #453
Adopted:  June 14, 2021
Effective:  July 23, 2021

An Ordinance to repeal Vienna Township Ordinance No. 288, entitled "Household Waste Collection Ordinance".  This Ordinance and the provisions of the adopted by reference herein will be collectively known and may be cited as Household Waste Collection Ordinance; that will be as follows:

Article I—Statement of Purpose  

            1.01    Purpose: The purpose of this Ordinance is regulate the collection of household waste from residences and to provide for penalties for the violation thereof.

            1.02    Name of Ordinance:  This Ordinance shall be known as the Vienna Township Household Waste Collection Ordinance.

Article II—Definitions

            2.01    Bulk Items means waste items of large size not customarily suitable for landfill disposal, such as discarded furniture and appliances, automobile parts, water heaters and similar items.

            2.02    Construction Waste means waste materials resulting from alteration, repair or construction of buildings or structures.

           2.03    Container means a receptacle of not larger than 30 gallon capacity provided by the resident for household waste.

           2.04    Household Waste means waste generated by Township residents, including garbage, metal containers, glass, paper, cardboard, including any such items which are recyclable.

           2.05    Residential Refuse means ashes, bulk items, household waste and yard waste, but does not include:  

  1. Chunks of asphalt, concrete, dirt, sod, stumps or rock;
  2. Automobile parts greater than 4-feet in length and weighing more than 40 pounds;
  3. Construction waste; or
  4. Waste of any kind from commercial units.

           2.06    Residential Unit means any single-family detached or single-family attached dwelling unit in a structure of three units or less.

           2.07    Waste Collector means the hauler contracted by the Township to remove household waste.

           2.08    Yard Waste means waste residue from growing organic matter, including branches less than four inches in diameter, twigs, shrub clippings, weeds, leaves and grass, that accumulated in the yard of a residential unit naturally or as a result of residential unit maintenance.

Article III—Waste Collection

            3.01    Waste Collection Schedule:  Household waste collection from township residences shall be on a weekly schedule on a day as determined by the township on an annual basis or due to change in contractor.  Waste collection will begin no earlier than 7:00 AM.

            3.02    Container: All residential refuse to be picked up by the waste hauler shall be placed at the curb on the address where the refuse was generated or accumulated. The refuse shall be placed in water-tight metal or plastic containers equipped with tight fitting covers or in plastic bags which are securely tied.  Containers and plastic bags shall not exceed a weight that a single worker cannot lift into the waste hauler’s vehicle.

           3.03    Waste Container Placement:  Household waste shall be placed for collection by the waste collector in a container which shall be placed along the traveled right-of-way of the street or road adjacent to the residence in an area not to interfere with normal road maintenance.  No person shall place any receptacles for residential refuse at the pick-up area more than 24 hours prior to the next scheduled pick-up day. All receptacles for the storage of residential refuse shall be removed from the pick-up area within 24 hours after the collection by the waste collector.  All containers must be in place prior to 7:00 AM the day of collection.

            3.04    Bulk items:  Bulk Items for pick up shall be placed at the same location as residential refuse. Bulk items placed for pick up shall not exceed a weight that two workers can lift into the waste hauler’s vehicle and shall not be at the pick-up area more than 24 hours prior to the next scheduled pick-up day.

            3.05    Yard waste:  Yard waste for pick up shall be placed at the same location as residential refuse. Yard waste not placed in approved containers or bags will not be picked up. Those items that cannot fit into containers or bags shall be tied in bundles which do not exceed four feet in length or weigh more than a single worker can lift into the waste collector’s vehicle.  Yard waste shall not be at the pick-up area more than 24 hours prior to the next scheduled pick-up day.

            3.06    Responsibility: If the owner of a residential unit is not the occupant of the unit, such owner is jointly responsible with all occupants of such unit for compliance with the provisions of these regulations.

Article IV—Prohibition

            4.01    Prohibition:  It shall be unlawful for any person, other than the waste collector or a member of the household from which the household waste is collected, to remove any household waste from its container after the container has been placed in the right-of-way for collection by the waste collector.

Article V—Penalty

            5.01    Violations:  Any person, firm or corporation violating any of the provisions of this Ordinance shall be responsible for a municipal civil infraction and be subject to the following:

  1. First Offense: The civil fine for a first offense infraction shall be no less than One Hundred Fifty Dollars ($150.00):
  2. Second Offense: The civil fine for a second offense infraction shall be no less than Two Hundred Fifty Dollars ($250.00);
  3. Repeat Offense: The civil fine for any infraction which is a third or greater offense shall be no less than Five Hundred Dollars ($500.00). [MCL 125.3407]
  4. In addition to the above civil fines, upon an admission or finding of responsibility for a municipal civil infraction, the Township shall also be entitled to reimbursement for all costs, expenses, and/or charges incurred by the Township in the cleanup and/or abatement of a municipal civil infraction violation.
  5. If the municipal civil infraction affects real property and the owner of said property is found responsible for said municipal civil infraction, the court may order the owner to abate the violation. If the owner of said real property fails to abate the violation in the time allowed by the court, the Township shall have the right to enter upon the land to abate the municipal civil infraction violation and shall have the right and power to add any and all costs incurred by the Township for the abatement and cleanup of the violation to the tax roll of the property upon which the violation was located and to levy and collect such costs in the same manner as provided for the levy and collection of ad valorem real property taxes against said property.
  6. The Township may also utilize all other sanctions authorized and provided for in Chapter 600 of the Revised Judicature Act of 1961, Subchapter 87, being MCLA §600.8701 through §600.8735, as amended, in prosecuting municipal civil infraction violations.
  7. Failure of an alleged violator to appear within the time specified in a municipal civil infraction citation or at the time schedule for hearing or appearance shall be a misdemeanor and the penalty shall be a fine not to exceed $500.00, or imprisonment in the Genesee County Jail for a term not exceeding 90 days, or both fine and imprisonment.
  8. A municipal civil infraction action brought for any violation of this chapter shall follow the procedure set forth in Chapter 600 of the Revised Judicature Act of 1961, including Subchapter 87 therein, specifically MCLA §600.8701 through §600.8735, as amended.

 Article VI—Validity and Severability

            6.01    Validity and Severability:  This Ordinance, and the various Articles, paragraphs and sub paragraphs, are hereby declared to be severable, and if any Article, paragraph or sub paragraph is adjudged unconstitutional or invalid, it is hereby declared that the remainder of this Ordinance shall not be affected thereby.

Article VII—Interpretation

            7.01    Interpretation:  Conflicting laws of a restrictive nature are not affected or repealed by this Ordinance.  The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion of the public health, safety and welfare of the residents of Vienna Township, and conflicting laws of a more restrictive nature shall supersede the provisions of this ordinance.  Conflicting laws of less restrictive nature or those conflicting in other ways than degrees of restrictiveness are hereby repealed. 

Article VIII—Effective Date

            This ordinance becomes effective 30 days following publication of its final passage.  A summary of this ordinance must be published in a newspaper circulated within the Charter Township of Vienna, Genesee County, Michigan and the entire ordinance will be published on the Charter Township of Vienna’s website, www.viennatwp.com, and available at the Charter Township of Vienna’s offices located at 3400 West Vienna Road, Clio, MI  48420.