(A) The owner of every premises shall be responsible for providing adequate solid waste receptacles in accordance with this section to store the solid waste generated by activities taking place on those premises between scheduled pickups or to contain adequate storage for seven days' refuse.
(B) (1) Every premises shall be served by at least two of the receptacles specified in division (C) below and the town may require the owner to provide more than two if necessary, to accommodate the entire amount of trash generated by the property. Under no circumstances may garbage be left by the roadside for town garbage pickup without approved receptacles and bins as described in division (C).
(2) Property owners wishing to exempt their property from the requirements of § 50.11(B) may do so by registering their request with the Town Manager for exemption no later than August 1, 2021 on a form prepared by the town stating the request for exemption, the names and addresses of the property owner, the property location, and a statement that the property owner has made alternative arrangements for the collection of solid waste from this location. This exemption shall expire upon either:
(a) The sale, transfer, or conveyance of the property to another individual;
(b) Two violations of this chapter within a 12-month period; or
(c) The property being used for short-term rental with periods of occupancy by the same tenant of less than 28 consecutive days.
(C) The receptacles required by this section shall be 30- to 35-gallon containers made of galvanized metal, plastic, rubber or other material resistant to rust, corrosion or rapid deterioration. Each receptacle shall be watertight. Each receptacle shall have two handles and shall be covered with a tight-fitting cover at all times. All receptacles shall be located in an enclosed area that meets or exceeds the minimum specifications in § 50.12 and incorporated herein by reference. The purpose of the enclosure is to prevent animals from knocking over the trash cans, and to limit the negative impact of trash facilities on natural beauty and property values. Enclosures and trash facilities must be maintained in good condition and placed in a location acceptable to the Sanitation Department. Underground garbage bins, regardless of their condition or serviceability, are not permitted.
(D) The exact location of the receptacle shall be agreed upon by the owner and Director of Public Works or his or her designee, in consultation with the Code Enforcement Official. If the owner and Director are unable to reach mutual agreement upon the location to be used, the Public Works Director's decision shall be final.
(E) The owners of multi-family residential premises, upon obtaining the prior approval of the town, may use a dumpster container in lieu of the 30- to 35-gallon containers described in division (C) above.
(F) Non-residential customers, whose premises generates more than eight 30- to 35-gallon containers per week, may be required to obtain a dumpster in lieu of the 30- to 35-gallon containers. In those instances, the owner shall be notified by the Public Works Director of the need to acquire a dumpster. The owner may appeal the decision of the Public Works Director to the Town Manager within ten days of receipt of notice. If the owner fails to appeal the order of the Public Works Director, an adequate dumpster shall be obtained and provided within 60 days of receipt of the original notice. In the event of an unsuccessful appeal, the required dumpster shall be provided within 60 days of disposition of the appeal by the Town Manager.
(G) In requiring dumpsters for commercial establishments, the town shall take into consideration the nature of the waste being generated and the likelihood of spoilage or otherwise unsanitary conditions.
(H) All customers using dumpster containers must provide a suitable location for the dumpster(s) that provides access to the collection vehicle. In addition, the site provided must be such that the elevation of the dumpster meets the specifications required for convenient attachment with the equipment of the town, considering the weight of the dumpster, and settlement of the land over time. Continuing settlement may require a hard surface pad. All customers using dumpster containers must screen their dumpsters from view and keep them in good repair and appearance. Temporary dumpsters at construction sites are exempt from screening requirements.
(I) No person may damage, displace or otherwise interfere with solid waste receptacles or solid wastes stored or prepared for collection except with the consent of the owner, lessee or occupant of the premises where those receptacles or solid wastes are located.
(J) All residential vacation rentals operating within the town are required to utilize and maintain in good working order a bear resistant container or containers, as described in § 50.12(B), on the premises used for such rental adequate to hold the amount of waste generated by the property. This requirement shall not apply to multi-family structures, where adequate solid waste receptacles are otherwise provided.
(Ord. 2020-04, passed 6-9-2020; Ord. 2021-01, passed 5-11-2021)