(A) Containers to be used with the automated garbage collection trucks shall be provided exclusively by the city and shall be placed within two feet of a curb and at least four feet from any object, such as fences, utility poles, mail boxes, and the like. Waste materials shall be placed in a plastic bag that is properly secured at the top before the materials are placed in the container provided by the city for use with the automated garbage collection trucks. If customers desire to dispose of an amount of waste materials that exceeds the capacity of the container provided by the city, the excess materials shall be collected in a plastic bag or bags, such a bag is not to exceed a holding capacity of 32 gallons, and placed within two feet of a curb and at least four feet from the container provided by the city and any other object, such as fences, utility poles, mail boxes, and the like. The plastic bags shall be properly secured at the top. Metal containers shall not be used in conjunction with the containers provided by the city for use with the automated garbage collection trucks.
(B) These containers provided by the city for use with the automated garbage collection trucks are the property of the city. Residents are permitted to use them only as long as they live within the city limits. When a resident moves, either within the city limits or away, he or she leave the container at the residence or dwelling where it has been used prior to the move of the resident. If the move is within the city, another container will be provided at the new location. Persons who take their containers with them upon moving will be charged $70.00.
(C) The containers provided by the city for use with the automated garbage collection trucks are warranted against defects. Containers which fail in the
course of normal use will be replaced by the city at no expense to the user. The warranty does not cover failure resulting from abuse, malicious act(s), or negligent act(s) by the owner(s) and/or occupant(s) of the residence or dwelling where the container has been placed, including acts committed by anyone acting on behalf of or with the consent of the owner(s) and/or occupant(s). For the purpose of interpreting this section, an ACT OF ABUSE shall be deemed to include, by way of illustration and without limitation, the act of placing chemicals or hot ashes in the container or overfilling with construction debris or other weighty refuse. Containers damaged by abuse will be replaced only upon payment of a $70.00 replacement fee to the city. Nothing contained in this division (C) shall release a person found to have damaged a city-owned container from liability for doing so, and the provisions of this division shall not preclude the city from pursuing a claim for damages and any other remedy available at law or equity for conduct that is the proximate cause of damage to city-owned personal property.
(Am. Ord. 34-02, passed 10-10-02; Am. Ord. 64 ORD 12-07, passed 12-6-07)