8.01.050  Containers.
   A.   Every owner, occupant or person in possession, charge or control of any premises within the City shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by, or acceptable to, a franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste.
   B.   No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve (12) hours after collection.
   C.   Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be responsible for the clean-up of any solid waste spilled, dumped or scattered as a result of a container overflow.
   D.   It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:
      1.   The owner, property manager or person in charge or control of a premises upon which a multi-family dwelling exists may arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises.
      2.   The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste handling services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety.
   E.   It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage such containers.
   F.   All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling.
[Ord. No. 499, 5/26/10.]