BILL #21-045* ORDINANCE # ____________________

BY: MR. LAWRENCE

Amending Section Chapter 745 (Refuse Collectors) of the Mansfield Codified Ordinances of 1997,
as amended, pertaining a collection zone and schedule map provided by the Mansfield Bureau of Building
and Codes, and declaring an emergency.

WHEREAS, without the legislated zone map, the 15 registered hauling companies have no
restriction on when garbage is picked up from residences, which results in garbage pickup multiple days
each week on the same street, and

WHEREAS, this current system permits every day of the week to be trash pickup day somewhere
on every street resulting in the City being in a constant state of disarray, and

WHEREAS, when everyday could be a pickup day without this rule, the Bureau of Building and
Codes has an extra layer of difficulty enforcing Chapter 977.02(f) which requires in part, “Refuse shall not
be placed for collection earlier than 6 pm the day prior to collection and no refuse or containers will remain
for more than 24 hours,” and

WHEREAS, the City of Mansfield wishes to be a clean and respectable community to its citizens
and visitors, and it makes sense to create an orderly system for garbage hauling by creating 5 zones and
designate the day a week for each zone’s pickup day, and

WHEREAS, this rule applies to residences and small businesses using curbside refuse pickup and
does not apply to commercial, industrial or multi-family residential properties where large dump containers
are used.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITY OF MANSFIELD, STATE OF OHIO:

SECTION 1. That Chapter 745 (Refuse Collectors) of the Mansfield Codified Ordinances of 1997, as
amended, be, and the same is hereby, amended to provide as follows:

“745.01 GARBAGE AND RUBBISH COLLECTION.

(a) No person, firm or corporation shall engage in the business of collecting, removing, hauling
or transporting garbage, rubbish or ashes through or upon any of the streets, alleys or public ways
of the City without first obtaining a license to do so from the Service Director or his designee for
each vehicle engaged in such business. Such license shall be issued only after the equipment and
personnel to be used in the collecting, removing, hauling or transporting of garbage, rubbish or
ashes by the firm, person or corporation engaged in such business has been investigated, inspected
and approved by the Health Department, the Police Division and the Codes and Permits
Department.
(b) The fee for the license required by subsection (a) hereof shall be one hundred fifty dollars
($150.00) per year.
(c) Such licenses shall be issued and effective for one (1) year beginning January 1 and ending
midnight December 31. Initial license fees for new applicants shall be prorated, to the nearest
whole month, for the number of months remaining in any license period. No refunds shall be made
upon the discontinuance of business or abandonment of a license, or suspension or revocation of a
license.
(d) Every person, firm and corporation to whom a license has been granted under this section shall
collect and transport garbage in watertight covered metal trucks or vehicles or in watertight covered
cans in such a manner as to preclude the scattering of garbage on the streets or the exposing of the
same to public view.
(e) Every person, firm or corporation to whom a license has been granted under this section shall
collect and transport rubbish in trucks or vehicles with metal, wood or tarpaulin covers in such a
manner as to preclude the scattering of rubbish on the streets or exposing of the same to public
view.
(f) All garbage and rubbish accumulated, collected or stored in the City shall be conveyed to the
Richland County or other designated facility and there disposed, except that garbage as it is
produced may be disposed in a disposal unit, or upon special permit issued by the Health
Department, in such a manner and way as may be directed by the Health Commissioner.
(g) Every person, firm or corporation to whom a license has been granted under this section shall,
before engaging in the business permitted by the license, furnish the Service Director or his
designee with a certificate of insurance evidencing the existence of an acceptable, current
comprehensive liability insurance policy, covering each vehicle operated by the licensee, which
provides automobile and liability insurance of at least the following limits:

(1) Bodily injury liability: $50,000 each person

100,000 each accident
(2) Property damage liability - automobile:
$25,000 each accident
(3) Property damage liability - except automobile:
$25,000 each accident
25,000 aggregate operations
25,000 aggregate protective
(h) The license issued for garbage and rubbish collection shall be securely affixed, in the upper
right area, to the windshield of each vehicle in such a manner that it is readily visible from the
exterior of the vehicle.
(i) Every licensee under the provisions of this section shall provide garbage and rubbish removal
service to residential customers, including multiple family dwellings consisting of four dwelling
units or less, not less than once each week, and shall provide garbage and rubbish removal service
to all other customers at the rate of frequency determined by the Service Director or his designee
in accordance with the Mansfield Refuse Collection Zone Map and Schedule on file in the Bureau
of Building and Codes under the provisions of Chapter 977 of the Streets, Utilities and Public
Services Code.
(j) Each licensee under the provisions of this section shall, semiannually, on the date of license
renewal, submit to the Service Director or his designee a schedule of customers, which schedule
shall indicate the name and address of each customer, the street address(es) where service is
provided and the frequency of service provided such customer at each address and such other
information as the Service Director or his designee may require to ensure enforcement of the
requirement that all premises are served with garbage and rubbish removal not less than once each
week.
(k) Customers shall deposit garbage and rubbish receptacles:
(1) At curbside within three feet of the street at the front of the property, or
(2) At the side or rear of the residence, on the customer's lot, nearest the street line, or
(3) If regulations are issued by the Service Director under solid waste programs in effect
from time to time within the City, such as but not limited to recycling, then deposit shall
be only in accordance with such regulations.

745.02 OBTAINING OR RENEWING LICENSE.

 (a) Each applicant, on a date designated by the Service Director or his designee, shall subject each
vehicle to be used hereunder to an inspection by the Police Division and the Health Department,
and submit the original inspection report, indicating compliance with all applicable requirements
of this chapter, to the Service Director or his designee with the one hundred fifty dollar ($150.00)
initial license fee, insurance verification and customer list for approval and issuance of the initial
license.
(b) For each six-month license renewal, each licensee, on a date designated by the Service Director
or his designee, shall subject each vehicle to a reinspection by the Police Division and the Health
Department and submit the same information as in subsection (a) hereof to the Service Director or
his designee together with the one hundred fifty dollar ($150.00)) license fee for approval and
issuance of renewal license.
(c) For any vehicle licensed under this chapter which is not presented for reinspection on the day
designated by the Service Director or his designee, the licensee shall pay the license fee of one
hundred seventy-five dollars ($175.00) prior to any subsequent rescheduled inspection date, unless
an alternate date is approved in advance by the Service Director or his designee based on hardship
circumstances of the licensee.
(d) A license may be refused to any person, firm or corporation which does not meet the criteria
set forth in this chapter or which has not collected or disposed of refuse in accordance with the
provisions of this chapter.

745.03 REVOCATION; SUSPENSION.

(a) Any license may be revoked at any time by the Service Director or his designee for conditions
or considerations which, had they existed at the time of license issuance, would have been valid
reason for refusal of the license; or for violations of any provision of this chapter. Such revocation
shall be effective upon written notice served or delivered personally upon the licensee, which notice
shall specify the reason for revocation.
(b) Any license may be suspended at any time by the Service Director or his designee, which
suspension shall be effective immediately upon written notice served or delivered personally upon
the licensee. Such notice shall specify the reason for the suspension and may provide conditions
under which reinstatement of the license may be obtained. Upon compliance with such conditions
within the time specified, the license shall be reinstated.

745.04 APPEAL AND REVIEW.

Any applicant or licensee for which a license has been refused, suspended or revoked under the
provisions of this chapter shall have the right to appeal such refusal, suspension or revocation in
accordance with the appeal and review procedures set forth in Sections 1301.20 and 1301.21.

745.05 MANSFIELD REFUSE COLLECTION ZONE MAP AND SCHEDULE.

The boundaries of the zones and schedule established in Section 745.01 are defined as shown on
the Mansfield Refuse Collection Zone Map and Schedule which accompanies this Refuse
Collectors Ordinance and is hereby made a part of this Ordinance.

745.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree for
a first offense and a misdemeanor of the third degree for a second or subsequent
violation. Prosecution shall always be as for a first offense unless the affidavit upon which the
prosecution is instituted contains the allegation that the offense is a second or repeated offense. If
the violator is a licensee, the license may also be suspended for not to exceed ninety days for each
offense.”

SECTION 2. In order to immediately provide for a safer, cleaner, and more efficient collection of
refuse, this measure is determined to be an emergency Ordinance for the immediate preservation of the
 public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives
the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force
immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage
and approval by the Mayor.

Caucus 2 March 2021

1st Reading 16 March 2021
2nd Reading 6 April 2021
PASSED 20 April 2021 SIGNED /s/ David Falquette
President of Council

ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker

Clerk of Council Mayor

APPROVED AS TO FORM: John R. Spon

Law Director
City of Mansfield, Ohio

* Publication required.