1060.02 WASTE MATERIALS FROM OUTSIDE CITY PROHIBITED.

   No person shall deliver, dispose of or otherwise use within the City any garbage or other refuse, including glass, crockery, tin cans, paper, boxes, rags and other similar waste materials, which was made, collected or accumulated outside the City limits.

(Ord. 254-66. Passed 1-26-66; Ord. 127-08. Passed 10-27-08.)

1060.03 STORAGE AND DISPOSAL OF GARBAGE AND REFUSE.

   Garbage and other refuse shall be stored and disposed of in strict compliance with the following regulations:

   (a)   Garbage and other refuse shall not be permitted to accumulate upon the premises of public or private establishments and residences, except in containers as set forth in subsection (b) hereof.

   (b)   Every dwelling unit and/or occupiable structure shall establish and maintain garbage and other refuse storage facilities or containers adequate to hold all of the garbage and other refuse accumulated on the premises which results from the use or occupancy of the building or structure. Garbage and other refuse stored outdoors shall be stored in flytight, rodentproof nonflammable and reasonably waterproof containers weighing not more than fifty pounds full, except as stored in accordance with an agreement entered into by the City with a hauler of garbage, refuse, recyclables, yard waste and other debris in compliance with the Solid Waste Management Plan as authorized by Resolution R-41-07. Garbage, other refuse, grass clippings and other debris placed on the tree lawn area or other suitable area of the public right-of-way for collection by the City or a third party independent contractor shall not be so deposited or placed sooner than twenty-four hours immediately before collection of such materials from the street, except that if a hardship would occur requiring the deposit of garbage or other refuse prior to twenty-four hours preceding a scheduled collection on any street, a free permit shall first be obtained from the Director of the Service Department.

   (c)   Containers for garbage or other refuse, after collection of such garbage or other refuse, shall be returned by the property owner or occupant from the right-of- way to the storage area not later than twenty-four hours after the scheduled time of pick-up.

(Ord. 87-99. Passed 5-24-99; Ord. 127-08. Passed 10-27-08.)

1060.04 REMOVAL OF RECYCLABLE MATERIALS BY UNAUTHORIZED PARTIES PROHIBITED.

   (a)   No person, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pick up, or transfer recyclable materials left at curbside. Materials left at curbside in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left at curbside in specifically marked containers, will include recyclable materials included in the City's Recycling Program.

   (b)   Each removal of items from a location shall constitute a separate violation of this section. Unauthorized persons removing materials or bins other than those persons designated in subsection (a) hereof shall be fined as follows:

      (1)   Upon first conviction of violation of this section, the person shall be fined twenty-five dollars ($25.00) for each such violation.

      (2)   Upon second conviction of violation of this section, the person shall be fined one hundred dollars ($100.00) for each violation.

      (3)   Upon third and subsequent convictions of violation of this section, the person shall be fined two hundred dollars ($200.00) for each such violation.

(Ord. 149-01. Passed 9-24-01; Ord. 127-08. Passed 10-27-08.)

1060.99 PENALTY.

   (a)   Whoever violates or fails to comply with Section 1060.01 or 1060.03 is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   Whoever violates Section 1060.02 is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. Each separate delivery, use or disposal of waste material, as set forth in Section 1060.02, shall constitute a separate offense. In addition to such penalty, an offender shall be liable for the expense of removal of the garbage or other refuse.

(Ord. 127-08. Passed 10-27-08.)