Are haulers allowed to pick up trash during middle of night?
In short, what this hauler is reportedly doing is illegal. Contact city police on their non-emergency line at 419-627-5863 if you see this activity again.
Below is a section of Sanduky's bylaws. In bold is the stipulation pertaining to time limits in which trash haulers can scoop up trash at residential properties within city limits:
955.09 COLLECTION (Ord. 10-055. Passed 6-28-10.)
Except as otherwise specifically provided herein, all garbage and other refuse, accumulated within the City of Sandusky, Ohio, shall be collected, conveyed and disposed of by persons licensed for said purpose or purposes by the City, and under the supervision and oversight of the Health Commissioner, in full accordance with the law and regulations of the State of Ohio, the rules and regulations of said Board of Health, and the Codified Ordinances of the City of Sandusky, Ohio, as the same are applicable to said activity and processes. No person who is not so licensed shall collect, convey and/or dispose of any garbage or other refuse which has been accumulated within the City.
(a) This section shall not prohibit the actual producers of garbage or other refuse, or the owners and/or occupants of premises wherein or whereupon it has been produced, from personally collecting, conveying and/or disposing of the same so long as said persons comply fully in said activity with the laws and regulations of the State of Ohio, the rules and regulations of said Board of Health, and the Codified Ordinances of the City of Sandusky, Ohio, as the same are applicable to said activities and processes.
(b) Garbage and other refuse produced and/or accumulated in connection with the use or occupation of a residence shall be collected and conveyed therefrom at least once each week and, except as otherwise specifically set forth herein, effected between the hours of 6:00 a.m. and 7:00 p.m. Monday through Friday. Garbage and other refuse produced and/or accumulated in connection with the use or occupation of a commercial establishment shall be collected, conveyed and disposed of as follows:
(1) No person, business, firm or corporation engaged in the business of hauling or disposing of solid waste shall collect, haul and dispose of business, commercial or industrial solid waste at anytime other than between the hours of 5:00 a.m. and 7:00 p.m., however, if such business, industrial or commercial establishment is located within 150 yards of any residence, residential duplex, apartment or complex collection, hauling and disposal shall occur between the hours of 6:00 a.m. and 7:00 p.m.
(c) Commercial haulers shall be permitted to effect the collection, conveyance and/or disposal of garbage and other refuse produced and/or accumulated in connection with the use or occupation of a residence on Saturdays, between 6:00 a.m. and 7:00 p.m. if the occurrence of a legally recognized holiday, mechanical failure or other verifiable circumstances make collection on a weekday from Monday through Friday impracticable or impossible, on the condition that prior to such Saturday collection, the Police Department is notified of the intent of each commercial hauler to effect such collection, conveyance and disposal on a specific Saturday, the identity of such hauler, and the geographic area within which such process or activity will be effected. Commercial hauler shall not collect, convey and dispose of garbage or other refuse within the City on any Sunday.
Commercial haulers shall be permitted to effect the removal, collection, conveyance and/or disposal of garbage and other refuse or discarded material created or produced as a result of or in conjunction with commercial or industrial uses, especially in the area popularly known as the downtown business district, on any day of the week, subject to the limitations imposed in subsection (b)(1) above.
(d) All motor vehicles utilized by commercial haulers in the collection, transportation and hauling within the City of bulky waste items, compostible materials, garbage, refuse, other refuse, recyclables and/or solid waste at all times during the course of any such activity shall be clearly marked on no fewer than two sides of the same with the name of the commercial hauler utilizing such vehicle, and with a number assigned thereto by the City Manager, so that the identity of the commercial hauler is readily evident.
(e) The Board of Health of jurisdiction within the City through its Health Commissioner, and the City Manager shall have and enjoy separate and concurrent jurisdiction to effect compliance of this chapter and require that commercial haulers operating within the City periodically provide to either such official or the designee thereof, under the terms and conditions directed thereby, such information and data as either official deems appropriate and necessary to fully evaluate the success and progress of the recycling programs and the recycling services required by this chapter.