Sec. 19-20. - Placement of residential solid waste.

(a)

It shall be unlawful for any person to place, store or deposit, or allow to be placed, stored or deposited, any waste, specifically including hazardous waste, in an authorized container, or in or on any of the city's public rights-of-way, except in accordance with the provisions of this chapter.

(b)

Residential trash shall only be placed or kept in an authorized trash container. If the total number of bags of leaves, small branches and sticks does not exceed three (3) bags, they shall be placed in authorized containers for collection so long as the container top will stay closed.

(c)

Residential recyclable materials shall only be placed or kept outdoors in an authorized recycling container.

(d)

Bulk waste, residential vegetative waste and white goods, shall not be commingled; they shall be placed in separate groups for collection in an area adjacent to authorized containers as otherwise provided for in this article.

(e)

Notwithstanding any provision of this chapter to the contrary, authorized containers set out for collection, which have been filled to such an extent that the city's automated collection devices are unable to safely lift the container, will not be collected.

(f)

Waste which has been placed at curbside for collection in violation of any provision of this chapter shall be promptly removed by the owner or occupant of the dwelling unit from which such waste was generated, and properly disposed of by such owner or occupant in accordance with law.

(g)

Waste must be generated from the property from which it is being collected. Waste to be collected from such property must be placed so it abuts the property from which it is generated. Waste may not, under any circumstances, be placed on vacant lots.

(h)

For special conditions which require waste to be placed in a location other than adjacent to the property from which it was generated, the director may designate an adequate area for the automated container or bulk waste to be placed.

(Ord. No. 6443-07, § 1)

Sec. 19-21. - Authorized containers.

(a)

Each resident who is eligible for service (see section 19-9) will be provided one (1) standard authorized trash container by the city. Upon request, one (1) additional trash container may be delivered to a residential dwelling unit upon payment of the delivery charge for such container as provided in Article IV of this chapter. Each container is billed at the same rate per container and will be charged accordingly.

(b)

Each resident who is eligible for service (pursuant to section 19-9) will be provided one (1) standard authorized recycling container by the city. Upon request one (1) additional recycling container may be delivered to a residential dwelling unit upon payment of the delivery charge for such container as provided in Article IV of this chapter.

(c)

Each resident who is eligible for service pursuant to section 19-9, may exchange, on a one-time basis, a standard authorized trash container and a standard recycling container for a container of a different size at no exchange cost. Additional exchanges may be granted upon payment of the exchange or delivery fee as provided for in Article IV.

(d)

Authorized containers shall be left at the property when a resident vacates a property. Residents who move out shall contact the department's solid waste division when the resident vacates the premises.

(Ord. No. 6443-07, § 1)

Sec. 19-22. - Maintenance of authorized containers.

(a)

Authorized containers assigned to residential dwelling units shall be the responsibility of and kept and maintained by the occupants of such units in a clean and sanitary manner so as to prevent the breeding of flies or vectors, or the release of odors.

(b)

Dumpsters and multi-family containers assigned to multi-family dwellings and mobile home parks shall be the responsibility of and maintained by the owner of such units and the property manager of such units in a clean, disinfected, and sanitary manner so as to prevent the breeding of flies or vectors, or the release of odors.

(Ord. No. 6443-07, § 1)

Sec. 19-23. - Placement of authorized containers, bulk waste and residential vegetative waste for collection; exception.

(a)

Residential trash shall be set out for collection entirely within fully closed authorized trash containers and placed on the street abutting the residential dwelling unit for which the container was assigned, as near to the curb as possible, and far enough away from other containers, vehicles, utility lines and boxes, poles, mail-boxes, and other objects so as to facilitate collection by automated collection vehicles. Such placement shall not restrict access to public sidewalks, pathways and bicycle paths. Where there is no curb, authorized containers shall be placed next to the edge of the road pavement in the same manner as if there were a curb. For proper automated collection, the authorized trash container shall be placed in such a manner as to have sufficient clearance on each side so as to be accessible to the automated collections vehicle with the container handle facing away from the street or right-of-way. If an authorized trash container is obstructed in such a manner as to prohibit the automated collection vehicle from dumping the container, the container's contents will not be collected. Waste placed in containers other than authorized containers will not be collected.

(b)

Residential recyclable materials shall be set out for collection entirely within a fully closed authorized recycling container and placed on the street abutting the residential dwelling unit for which the container was assigned, as near to the curb as possible, and far enough away from other containers, vehicles, utility lines and boxes, poles, mail-boxes, and other objects so as to facilitate collection by automated collection vehicles. Such placement shall not restrict access to public sidewalks, pathways and bicycle paths. Where there is no curb, authorized containers shall be placed next to the edge of the road pavement in the same manner as if there were a curb. For proper automated collection, the residential recycling container shall be placed in such a manner as to have sufficient clearance on each side so as to be accessible to the automated collections vehicle with the container handle facing away from the street or right-of-way. If a residential recycling container is obstructed in such a manner as to prohibit the automated collection vehicle from dumping the container, the container's contents will not be collected. Bottles, jars, cans, and similar vessels shall be rinsed free of putrescible material, and lids and caps shall be removed, before placing same in a residential recycling container. Waste placed in containers other than authorized containers will not be collected.

(c)

Although bulk waste shall not be required to be placed in an authorized container, it shall be otherwise placed at curbside for collection in generally the same manner as provided in subparagraph (a) of this section, except that it shall be placed adjacent to and separate from authorized containers, and far enough from such containers to allow pickup by collection vehicles. If such bulk waste is placed in a manner that prohibits the collections vehicle from collecting it, the bulk waste will not be collected.

(d)

Residential vegetative waste set out for collection shall be placed in generally the same manner as provided in subparagraph (a) and (b) of this section except that residential vegetative waste shall be placed adjacent to and separate from authorized containers and bulk waste, and far enough from such containers and bulk waste to allow collection by collections vehicles. Such waste shall not be contaminated with soil, trash, or other waste such as grass and leaves commonly thrown away in the course of maintaining lawns and gardens. If such vegetative waste is placed in a manner that prohibits the collections vehicle from collecting it, or if the vegetative waste is contaminated, it will not be collected.

(Ord. No. 6443-07, § 1)

Sec. 19-24. - Time of placement of residential solid waste for collection; removal.

(a)

Authorized containers for residential trash and bulk waste shall be set out for collection as otherwise provided in this article not earlier than 3:00 p.m. the day preceding the scheduled collection day and not later than 7:00 a.m. on the day of collection. Residential vegetative waste shall be set out no earlier than 7:00 a.m. of the Saturday before the designated day of collection.

(b)

Authorized containers shall be removed from the street and stored on the side or rear of the dwelling to which it is assigned as soon as possible after collection, but in no instance shall authorized containers be permitted to remain on the street after midnight of the day of collection.

(Ord. No. 6443-07, § 1; Ord. No. 6449-08, § 1)

Sec. 19-25. - Scavenging from, tampering with, or vandalizing contents of authorized containers.

(a)

It shall be unlawful for any person to scavenge or tamper with the contents of any authorized automated or recycling container, bulk waste or residential vegetative waste set out for collection pursuant to the provisions of this chapter.

(b)

It shall be unlawful for any person to tamper with or vandalize an authorized container.

(c)

It shall be unlawful for any person to remove assigned containers from the property assigned and relocate same to another property or location.

(1)

Any person convicted of a violation of this article shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months, and a fine of not less than two hundred fifty dollars ($250.00) or more than two thousand five hundred dollars ($2,500.00), either or both.

(2)

In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities.

(Ord. No. 6443-07, § 1)

Sec. 19-26. - Loss or damage to authorized containers.

(a)

Authorized containers assigned to residential dwelling units by the city are and shall remain property of the city.

(b)

Damage to, loss, or removal of an authorized container assigned to a residential dwelling unit shall be the responsibility of the holder of the residential water account for the dwelling at the time such damage, loss or removal is discovered by the director, and such holder of the residential water account shall be liable for all costs associated with replacing the container.

(c)

Persons moving from one (1) address in the city to another address in the city, or from the city to another locality shall leave all authorized containers at the dwelling to which the containers have been assigned. Residents which have two (2) authorized containers shall notify the department's solid waste division upon moving to schedule retrieval or re-delivery of said additional containers at no additional cost.

(Ord. No. 6443-07, § 1)

Sec. 19-27. - Preparation and placement of leaves and grass clippings for collection.

(a)

Leaves and grass clippings may be placed in authorized trash containers for collection at such times and locations as otherwise provided in this article. Whenever space within the authorized trash container allows, bagged vegetative waste or small, crushable bulk waste shall be placed in the authorized container. If the total number of bags of leaves, small branches and sticks does not exceed three (3) bags, they shall be placed in the authorized containers so long as the lids stay closed.

(b)

If leaves and grass clippings cannot be physically placed in authorized trash containers, leaves and grass clippings shall be placed in transparent plastic bags and set out for collection by the city at such times and locations as otherwise provided in this article for authorized containers. Transparent plastic bags must be grouped at curbside adjacent to and separated from other residential solid waste placed at curbside for collection. Leaves and grass clippings placed in non-transparent plastic bags or other types of unauthorized containers will not be collected.

(c)

During such times of the year that are set aside for loose leaf collection, residents may place loose leaves at curbside for collection by the city, however no other waste or litter may be commingled with the loose leaves.

(Ord. No. 6443-07, § 1)

Sec. 19-28. - Unacceptable and uncollectible solid waste.

It shall be unlawful to place certain waste at curbside for any reason, including but not limited to the following:

(1)

Hazardous waste or any other waste prohibited by any applicable law from being placed curbside or delivered to or accepted for disposal at the city's solid waste drop-off facility or compost facility.

(2)

Commercial waste and contractor waste.

(3)

Land-clearing waste.

(4)

Automotive engines, bodies, drive trains, and other automotive parts.

(5)

Riding lawn mowers or any part of such equipment.

(6)

Lawn mowers, tillers, weed eaters, trimmers and other lawn implements that contain a gasoline engine.

(7)

Boats and personal watercraft.

(8)

Gasoline engines.

(9)

Oil drums, chemical drums, or other containers that have been used to store petroleum and chemical products, paint or other liquids.

(10)

Glass.

(11)

Rocks, dirt, sand, sod, concrete, cement, masonry material (bricks, cinder blocks, etc.), plaster, tile or drywall material.

(12)

Ashes and other burnt waste.

(13)

Bagged waste outside the container with the exception of residential vegetative waste as otherwise provided for in this article.

(14)

Asbestos shingles and siding.

(15)

Utility trailers, house trailers, campers, camper shells, truck bed liners, and truck bed covers and caps.

(16)

Propane tanks.

(17)

Dark/non-transparent bags.

(18)

Tree debris larger than six (6) inches in diameter or six (6) feet long.

(19)

Tree stumps.

(20)

Residential vegetative waste contaminated with dirt.

(21)

Any item longer than six (6) feet (i.e. metal pole, lumber).

(22)

Outbuildings larger than one hundred fifty (150) square feet placed at curbside for collection.

(23)

Tires.

(24)

Asbestos products.

(25)

Debris, litter or rubbish placed curbside that is considered dangerous or constitutes a nuisance, and which removal is required within twenty-four (24) hours, and for which a notice has been served. (See Article IX, paragraph (b)(4)b. for penalty specific to this violation.

(26)

Any other waste determined by the director to be unacceptable for collection.

(Ord. No. 6443-07, § 1)

Sec. 19-29. - Termination of solid waste collection services.

The director may terminate solid waste collection services to any dwelling upon failure of its owner(s) or occupant(s) to comply with the provisions of this chapter.

(Ord. No. 6443-07, § 1)

Sec. 19-30. - Evictions and moveouts.

No later than thirty-six (36) hours after an eviction or moveout, and placement of any resulting solid waste at curbside, the real property owner, owner's agent, or property manager shall remove the solid waste, or may request the solid waste division of the department to remove the solid waste on a one-time basis at the fee rate as provided for in section 19-43. If the owner, owner's agent or property manager fails to remove the solid waste within thirty-six (36) hours of placement at curbside, the city may cause the solid waste to be removed and charge the property owner for such service at the rate provided for in section 19-43. The charges set forth in this section shall be billed to and constitute a legal obligation of the real property owner. Solid waste placed at curbside under this section shall be arranged, packaged, bundled, or placed in an authorized container so as to facilitate efficient collection, and prevent scattering. Upon completion of the one-time collection, the property shall not receive further collection services until all requirements have been met as provided for in section 19-9 (Eligibility for collection). Evictions shall be called in to the department's solid waste division advance to avoid prolonged debris piles from accumulating additional waste.

(Ord. No. 6443-07, § 1)

Sec. 19-31. - Penalties for violations of this article.

(a)

Violations of a specific provision of this article with the exception of section 19-25, are referenced in Article IX.

(b)

In no event shall the civil penalties for multiple violations arising from the same set of operative facts exceed a total of three thousand dollars ($3,000.00) in a given year.

(Ord. No. 6443-07, § 1)

Sec. 19-32—19-39. - Reserved.