ORDINANCE AMENDING THE SOLID WASTE ORDINANCE 
VILLAGE OF MARCELLUS CASS COUNTY, MICHIGAN

ORDINANCE NO. 260
Adopted: March 25, 2025
Effective: April 23, 2025

The Village of Marcellus’ current Solid Waste Ordinance (Village of Marcellus Code Chapter 20 et seq.). The Village now wanting to amend the Solid Waste Ordinance to clarify and confirm size of refuse containers, placement and removal of refuse containers and to change misdemeanor infractions to civil infractions.

WHEREFORE, THE VILLAGE OF MARCELLUS ORDAINS:

Section 20-32. Violation, Penalties and Enforcement; Civil Infraction Treatment

The Village Code Chapter 20, Section 32. Violation deemed misdemeanor is repealed and replaced with:

Sec 20. 32 Violation, Penalties and Enforcement; Civil Infraction Treatment
Any person, partnership, corporation, business, commercial entity, or the owner, agent, or landlord of any residential housing/dwelling rental/lease unit who violates any provision of this ordinance shall, upon conviction or finding of responsibility in a court of competent jurisdiction, be subject to a civil infraction violation or fine of not more than $500 per violation. Each day that a violation is permitted to exist or continue following the initial three (3) days after notice constitutes a separate offense. Fines and punishment are at the discretion of the court.

(Ord. No. 141, § VIII(3), 3-13-1984)

The Village Code Chapter 20, Section 63. Capacity is repealed and replaced with:

Section 20-63. Capacity

All containers for the collection of garbage and solid waste shall be a heavy duty plastic container of either ninety six (96) or gallons in size, or as provided by the refuse service/waste disposal company, which is equipped with wheels and a hinged top and is specially adapted to the hydraulic lift mechanism mounted on all packer type refuse or recycling vehicles, except special commercial containers that may be furnished to commercial users by the contractor and for which commercial rates are applied. (Ord. No. 141, §  III(3), 3-13-1984)

The Village Code Chapter 20, Section 65. Cleanliness is repealed and replaced with:

Section 20-65 Cleanliness
The cleanliness of all containers for the collection of garbage and solid waste shall be the responsibility of the user who is responsible for the periodic cleaning of refuse containers.

(Ord. No. 141, § III(5), 3-13-1984)

The Village Code Chapter 20, Section 66. Liners is repealed and replaced with:

Section 20-66 Liners

All garbage and rubbish shall be placed in plastic trach bags and all plastic trash bags are considered to be container liners and are not to be deposited at the pickup point outside of such containers. If plastic liners are deposited for pickup separated from authorized containers and such liners are holed by animals or other cause or burst when handled, the responsibility for the proper disposition of the contents of such bag or liner shall be that of the user. 

(Ord. No. 141, § III(6), 3-13-1984)

The Village Code Chapter 20, Section 67. Placement is repealed and replaced with:

Section 20-67 Placement
The user shall place his/her/its containers of garbage and solid waste at the edge of the street or curb in the front of his/her/its premises on the day designated and before the time designated for the arrival of the collection vehicle. No container shall be placed on the village tree line or at curbside pickup locations more than 24 hours prior to contracted pick up day. After the containers have been emptied by the contractor, the user shall be responsible for the prompt removal of the containers from the street area, village tree line and curbside collections sites within 24 hours of the set collection day. Any user who, because of physical disability or infirmity, is unable to place his containers at the curb or street may make special arrangements for the movement of such containers.

(Ord. No. 141, § 111(7), 3-13-1984)

Division 3. Conflict

All Village Codes and Ordinances or parts of Codes and Ordinances of the Village of Marcellus inconsistent herewith shall be and are hereby repealed.

PUBLICATION, ADOPTION and EFFECTIVE DATE

As required, this Ordinance was adopted by the Marcellus Village Council meeting held on the 25^th day of March 2025, and shall take effect twenty (20) days after publication on April 23, 2025. MCL 66.1.
Date: March 25, 2025    Jacqueline A. Terrill, Village Manager/Clerk

Date: March 25, 2025                                            Dennis Irwin, Village President

Clerk’s Certification
I hereby certify that the foregoing is a true and complete copy of Ordinance No. 260, being “AN ORDINANCE AMENDING THE SOLID WASTE ORDINANCE,” adopted by the Village council of the Village of Marcellus, County of Cass, State of Michigan, at a regular meeting held on March 25, 2025, the original of which is on file in my office and available to the public. Public Notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, including, in the case of a special or rescheduled meeting, notice by posting at least 18 hours prior to the time set for said meeting. That ordinance was published in summary form or in full in The Marcellus News on April 3, 2025.

Dated: April 3, 2025                                                                                                                                                                                                                                                                                                 Jacqueline A. Terrill
Marcellus Village Manager/Clerk

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