Knowledgebase-An Ordinance Regulating the Placement of Infectious Waste in Garbage Collection Containers


Information Product

Title:An Ordinance Regulating the Placement of Infectious Waste in Garbage Collection Containers
Summary:This ordinance makes it unlawful to discard needles and sharps and imposes a penalty for violation.
Original Author:Darden, Don
Co-Author:
Product Create Date:06/02/2003
Last Reviewed on::01/03/2017
Subject:Personnel--Health and safety--Infectious diseases; Personnel--Health and safety--Infectious diseases--Municipal ordinances; Public health and safety--Municipal ordinances; Hazardous waste; Solid waste--Disposal--Municipal ordinances; Municipal ordinances
Type:Ordinance
Original Document: Infectious Waste Ordinance.pdf

Reference Documents:

Text of Document: Infectious Waste Ordinance.rtf
CITY OF SMITHVILLE

Ordinance _______

AN ORDINANCE REGULATING THE PLACEMENT OF INFECTIOUS WASTE IN GARBAGE COLLECTION CONTAINERS

WHEREAS, there are State statutes regulating the disposal of medical waste by pharmacies, hospitals, clinics, and other medical related establishments; and

WHEREAS, there are apparently no state laws regulating the disposal of infectious waste by residents who place their solid waste in containers for residential collection; and

WHEREAS, city workers who collect solid waste from such containers are often exposed to infectious disease by being pricked by needles or other sharp objects that are thrown into the garbage; and

WHEREAS, the City of Smithville has the responsibility to protect the safety and well being of its employees and of the general public from the spread of infectious disease; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Smithville:

Section 1. Definitions. For the purpose of interpreting and applying this ordinance, the following words shall have the meanings indicated:

(a) “Infectious waste” means needles, syringes, lancets, scalpel blades, contaminated broken or sharp laboratory glassware including slides, cover slips, and Pasteur pipettes, and any other sharp objects that may potentially spread infectious disease.

(b) Resident means any citizen of the City of Smithville who has their household waste collected by or on behalf of the City of Smithville.

Section 2. It shall be unlawful for any resident to dispose of infectious waste, including needles, syringes, lancets, scalpel blades, contaminated broken or sharp laboratory glassware including slides, cover slips, Pasteur pipettes, and any other sharp objects that may potentially spread infectious disease in residential garbage containers for collection by city workers or others who may collect garbage on behalf of the City of Smithville, except where such needles and other infectious waste are properly stored in containers so that solid waste collectors and processors may not come in contact with the infectious waste.

Section 3. The Mayor, or his designee, shall have the authority to administer and enforce the provisions of this ordinance related to disposal of infectious waste by city residents.

Section 4. The Mayor, or his designee, shall assume that any infectious waste, as defined by this ordinance, is a potential carrier of infectious disease, and shall have the authority to call upon any medical professional or laboratory to inspect any infectious waste discarded in household waste in the City of Smithville, should he/she feel it necessary.

Section 5. In the event that the Mayor, or his designee, determines that infectious waste has been improperly disposed of in residential containers, and that the violation constitutes an immediate hazard to the health, safety, and welfare of the citizens of the city or waste collectors, he/she may immediately suspend pickup of the resident’s garbage.

Section 6. It shall be unlawful and a misdemeanor for any person to violate any provision of this ordinance, the penalty for which shall be a fine of $50. Each day a violation occurs shall be considered a separate offense.

Passed this:

First Reading:_________day of__________________, 2003
Second Reading:______day of___________________, 2003
Third Reading:________day of___________________, 2003


_______________________________
Cecil Burger
Mayor


Attest:____________________________
Burnace Vandergriff
City Recorder

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.