§ 51.04 CONTAINERS; CONSTRUCTION AND PLACEMENT.
   (A)   Containers; garbage and recyclables.
      (1)   All single-family residential units within the city shall have a mobile roll-a-waste container. Roll-a-waste containers shall be 95-gallon size with wheels and lids as approved by the Public Works Director. One roll-a-waste container will be furnished to each household and/or property owner in the city and will remain the property of the city. Owners of households receiving service for the first time due to new construction or annexation shall be provided with a roll-a-waste container by the city which will remain the property of the city. Future replacement of containers for any reason other than the negligence of the city shall be a the expense of the property owner. The City Public Works Director shall notify the property owner of the cost of the container and the requirements for payment before service can be continued or commenced. Roll-a-waste containers shall not be altered in any way which would impede proper garbage disposal service.
      (2)   In the event one roll-a-waste container is not sufficient to hold the quantity of garbage accumulated between collections, one additional container may be purchased by the householder/tenant from the city. If this person moves to a location outside the city the cost of the container will be refunded provided that the container is returned in good condition.
   (B)   Residential pick-up producers.
      (1)   Accumulations of garbage shall be placed in roll-a-waste containers. Roll-a-waste containers shall be placed at the curbside no earlier than 7:00 p.m. on the evening prior to the designated collection day and shall be removed from the curbside by 7:00 p.m. on the designated collection day. A householder who fails to remove a container from the curbside within 24 hours after the designated collection day shall be in violation of this chapter. Containers shall be stored at the sides or back of houses when not at curbside for collection.
      (2)   Household garbage shall be placed in roll-a-waste containers so that the contents shall not extend above the rim of the container which shall be closed at all times except when filling and emptying. All items in roll-a-waste containers shall be mashed or broken down to their smallest size before depositing in the container. Garbage placed at the curbside which are not inside an approved receptacle when sanitation crews arrive for collection will not be collected and shall be in violation of this chapter. It shall be unlawful to place discarded tires, hazardous waste, large metal objects, major appliances, electronics, furniture or the similar objects in or beside trash container.
      (3)   Roll-a-waste containers or recycling bins shall not be placed on sidewalks, entrance walkways, driveways, streets or on the property of another or in such a manner to obstruct the free flow of traffic or drainage along any public street.
      (4)   Backyard garbage service to disabled persons with physical handicaps may, at the discretion of the Public Works Director, be provided when there is no one in the residence or employed by the household physically capable of moving the roll-a-waste container from the backyard to the curbside. A doctor’s statement of disability must be furnished to substantiate existence of disability. Placement of container for easy access by sanitation workers will be determined by the Public Works Director or his designee.
      (5)   Roll-a-waste containers, recycling bins and the surrounding area shall be kept in a sanitary condition by the householder/tenant. Repair or replacement of roll-a-waste containers or recycling bins under normal wear and tear or as a result of negligence of city collection forces shall be the responsibility of the city. Any repairs or replacement due to the negligence of the property owner or tenant shall be the responsibility of the party.
   (C)   Use and maintenance. The containers may not be used for purposes other than the storage of garbage and recyclables which are noncombustible. The deposits of poisons, acids, caustics, explosives, soils, construction materials, furniture or any other materials which could cause damage to these containers or mechanical lifting devices of collection vehicles is prohibited. Writing, marking, cutting, painting or any abusive treatment of the containers is prohibited.
   (D)   Receptacles and containers; commercial and business establishments.
      (1)   Any commercial establishment, manufacturer, wholesale or retail business, hospital, clinic, church, school, apartment building or complex or any other location where the use of the containers may be considered to be advantageous to the general welfare of the city for reasons of health, economy or appearance, may be required to use a commercial container individually or jointly depending on quantity of refuse and garbage normally accumulated. The Public Works Director shall determine the need for and the size and number of any containers, based on the quantity of refuse and the schedule of collection.
      (2)   Any commercial establishment or retail business whose pickup schedule, location or volume of refuse and garbage does not, as determined by the Public Works Director, justify economical and practical service by self loading equipment may be required to accept residential type pickup service and shall not be required to use a commercial container, but instead be furnished with a roll-a-waste container in like manner as is required for use by households. The service shall be subject to the requirements and provisions applicable to household garbage collection service as set forth.
      (3)   Commercial or bulk containers shall be furnished by the user/customer and will be serviced by the city at and for the fees from time to time set forth by the city. Size of containers and scheduling of pickup service shall be determined by the Public Works Director.
      (4)   Users of commercial or bulk containers shall construct an adequate pad on which to place the required container, located according to city specifications, and shall maintain adequate means for access thereto. Bulk containers shall not be placed on the sidewalk, grass plot, curb, gutter line or street. Bulk containers will not be serviced if ready access is not available to the container for use by sanitation trucks.
      (5)   All boxes, cartons and containers shall be broken down to their smallest possible dimensions before being deposited in bulk containers.
      (6)   It shall be unlawful to set garbage, refuse, trash or other material outside of bulk containers. The materials shall not be collected by city forces.
      (7)   It shall be unlawful to burn garbage, refuse, trash or other material in bulk containers.
      (8)   It shall be unlawful to place discarded tires, hazardous waste, large metal objects, major appliances, furniture or the similar objects in or beside bulk container. Any person, corporation or commercial establishment engaged in manufacturing, recapping or assembling tires must arrange for removal from their premises all discarded tires as no city pick-up service will be provided for the disposition.
      (9)   Privately-owned commercial or bulk containers shall be kept in proper operating condition by the owner. The user thereof shall maintain the containers in a sanitary condition and keep the lids closed at all times except when filling and emptying. The containers which are damaged, destroyed or burned through abuse, neglect or improper use by the users, shall be replaced by the owner at the expense of the users thereof. Bulk containers shall be replaced by the owner when the same are damaged and unusable due to normal and reasonable usage and age.
      (10)   The city shall not be responsible for the removal of garbage or trash from any business, commercial establishment, apartment complex or other establishment required to obtain a bulk container due to volume of garbage or refuse which fails to obtain or rent the container for use as required herein.
      (11)   It shall be the responsibility of the owner of a commercial or bulk container to secure or lock the container when, at the determination of the Public Works Director, refuse or garbage is being deposited unlawfully by those other than the owner.
   (E)   Bulk containers; apartment buildings and complexes.
      (1)   The owners of multiple residential units containing more than six dwellings shall be required to use bulk containers of sufficient size and quantity to accommodate the maximum amount of waste generated by the residential complex. Where bulk containers are utilized, it shall be the joint responsibility of the person or agency responsible for the apartment building or complex and occupants thereof, to see that all garbage and refuse deriving therefrom is placed in the bulk container at its specified location as determined by the city, with due regard for loading conditions and convenience.
      (2)   Any failure to place the garbage or refuse in the bulk container, which results in littering the premises, shall constitute a violation of this chapter.
      (3)   Where apartment buildings and complexes are receiving garbage and refuse service by self-loading bulk containers, the service shall be subject to the requirements and provisions applicable to commercial and business establishment garbage and refuse service as set forth.
      (4)   Any solid waste item that, at the determination of the city, has a high probability of inflicting damage to the collection equipment used by the city shall be excluded from the collection process.
   (F)   Removal; damage prohibited.
      (1)   It shall be unlawful for any person to remove any roll-a-waste container from its designated premises or to maliciously damage any roll-a-waste container.
      (2)   It shall be unlawful:
         (a)   For any unauthorized person to remove, disarrange or interfere with a roll-a-waste container, recycling bin or bulk container used for the collection of refuse, garbage, recyclables or the contents of any container;
         (b)   For any person to break or damage any roll-a-waste container, recycling bin or bulk container used for garbage, recyclable or refuse collection;
         (c)   To fail to keep all refuse receptacles clean, sanitary tightly covered and in good repair;
         (d)   To place hot ashes, or any burning matter in any roll-a-waste container or bulk container; and/or
         (e)   To place in a roll-a-waste container or bulk container loose construction and/or demolition waste, industrial refuse, special refuse and animal or agricultural waste for collection by the sanitation division.
(Ord. 94-07-01, passed 7-12-94; Am. Ord. 019-01-020, passed 1-15-19) Penalty, see § 51.99