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C. Use of sixty (60) gallon carts limited. Effective September 1, 2000, the <br />use of sixty (60) gallon carts for city refuse service shall be limited to units <br />occupied by no more than two persons, one of whom is at least sixty (60) <br />years of age as of the first day of the billing period. <br /> <br />D. Senior rate. Effective March 1, 2003, a unit occupied by no more than two <br />persons, one of whom is at least sixty (60) years of age as of the first day of <br />the billing period, shall be entitled to the senior rate where available. <br /> <br />E. Private refuse collection service permitted. Any residential property owner <br />may have refuse collected from the property by a private refuse collector and <br />not be subject to the charges in Paragraph B, provided that: <br /> <br />1. The private refuse service is comparable to city refuse service in <br /> quality, type and frequency; and <br /> 2. The private refuse collector is properly licensed; and <br />3. No later than the last day before the next city billing period the <br />property owner furnishes to the director of finance a valid contract for <br />such private refuse service which is effective throughout the next city <br />billing period. <br /> <br />F. Vacancy credit. Any residential property owner shall receive a credit <br />against the charges in paragraph B for each full month a unit is vacant, <br />provided that: <br /> <br />1. The property owner files an application for credit with the director <br /> of finance no later than the last day before the next billing period; <br /> and <br />2. The property owner furnishes to the director of finance proof that <br />the unit was vacant during the current billing period, and the <br />vacancy lasted at least three consecutive months, including any <br />vacancy time that carried over from the previous billing period; and <br />3. No refuse from the unit was collected by the city during the <br /> vacancy. <br /> <br /> Section 2. The sections, subsections, paragraphs, sentences, clauses and <br />phrases of this ordinance are severable, it being the intent of the City Council to comply in <br />all respects with the Constitution and laws of the State of Missouri. If a court of competent <br />jurisdiction shall adjudge to be invalid or unconstitutional any one or more of said sections, <br />subsections, paragraphs, sentences, clauses or phrases, such judgment or decree shall <br />not affect, impair, invalidate or nullify the remainder of this ordinance and shall be confined <br />to the portions adjudged invalid or unconstitutional. <br /> <br /> Section 3. This ordinance shall not be construed so as to relieve any person, firm <br />or corporation from any penalty heretofore incurred by the violation of Chapter 8.12, <br />Section 8.12.200, nor bar the prosecution for any such violation. <br /> <br />August 20, 2007 <br /> <br />