§ 54-35. Containers and refuse carts generally.

(a)

Maximum weight. No residential municipal solid waste containers, when filled, shall have an aggregate weight in excess of 50 pounds per each 32-gallon capacity of the container. The container must be so packed that the contents shall dump out readily when the can is inverted.

(b)

Handles required; prohibited containers. All residential municipal solid waste containers shall have handles and shall not have any sharp protruding edges, which are dangerous to handlers. No metal oil drums or barrels shall be used at any time.

(c)

Inspection. All commercial or residential municipal solid waste containers shall be subject to inspection, approval or condemnation by the director.

(d)

Required capacity. All owners of residences, apartments or places of business within the city who are not furnished a dumpster or refuse cart as part of their service rates are required to provide municipal solid waste containers of sufficient capacity to hold four days' accumulation of municipal solid waste.

(e)

Use of dumpsters. All places of business shall be required to use dumpsters furnished or approved by the city if the volume of the municipal solid waste, as determined by the city manager, of such place of business is sufficient to require such use.

(f)

Location of dumpsters. It shall be unlawful to place a dumpster at a location which is not approved by the city, and it shall be unlawful for any person or owner to remove, or permit to be removed, a city provided dumpster from such approved designated location without the consent of the city.

(g)

If the city council determines, by resolution or other formal action, that the use of refuse carts are appropriate for certain residential, multi-family or business curbside customers for refuse collection, the city shall purchase, own and provide the refuse carts to these customers. The cost of the refuse carts and bins shall be included in the monthly fee for regular collection service. All refuse carts and bins shall remain the property of the city. Any person changing its residence shall promptly notify the department which shall then transfer responsibility for the refuse cart and bin to the new resident.

(h)

Refuse carts issued by the city shall be assigned to an address by the serial number of the cart and shall not to be removed from the premises. The department shall provide one refuse cart for each single-family residence. An additional cart may be purchased and collected for a fee as established by separate resolution. Businesses receiving business curbside collection shall be provided two refuse carts and shall be charged fees in accordance with charges established by separate resolution. Additional carts may be purchased and charged a fee as established by separate resolution. Refuse carts are subject to inspection and approval of the director. No writings or markings shall be painted or otherwise placed on refuse carts. The city may assess a repair or replacement charge in the event of abuse or misuse of a cart by the user by, without limitation, placing hot or burning ashes, cinders, coals, chlorine containers or other combustible materials into the refuse cart. If a dwelling is to be unoccupied for any length of time, the city shall be notified to pick up the refuse cart. Upon reoccupancy, a refuse cart shall be delivered and reassigned to the new owner.

(i)

Maintenance of all refuse carts shall be the responsibility of the user. Sanitation services may refuse to pick up or empty any refuse carts or carts which are not properly maintained or which are not compatible with or accessible by city sanitation service equipment.

(j)

Containers shall be placed out for collection no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed by 7:00 a.m. of the day following the collection day. After collection, all containers, whether city or privately owned, on the property shall be returned to a secure location on the property. With the exception of being stored within a carport or garage, containers shall not be stored anywhere closer to the street than the extension of any building line that faces any street unless the container is screened from public view by shrubbery, foliage, a fence or wall.

(k)

Each person issued a refuse cart shall notify the city in the event the city refuse cart is stolen, lost or damaged.

(l)

Commercial and residential solid waste containers and refuse carts with lids shall, at all times, have their lids attached and closed.

(m)

A person placing a nonpermanent donation center on property must have the permission of the property owner prior to its installation. The donation center must be serviced at a frequency sufficient to prevent any accumulation of overflow donations or other discards from appearing outside and adjacent to the donation center for a period exceeding 24 hours.

(n)

Penalties. A violation of this section shall be punished by a fine of $25.00 and abatement of the violation.

(Ord. No. 5084, § 1, 10-10-02)