§ 51.02  USER REQUIREMENTS IN STORAGE, COLLECTION AND DISPOSAL.
   (A)   The purpose of this section is to eliminate unhealthy, unsanitary and unsightly conditions in the Town of Beverly Shores, caused by the deposit and accumulation of refuse, garbage and rubbish.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONTAINER.  A container for the storage of garbage, refuse or rubbish which is:
         (a)   Provided with a handle and tight fitting cover;
         (b)   Watertight;
         (c)   Substantially made of galvanized iron or other non-rusting material; and
         (d)   Of a size that may be conveniently handled by the collector, but of a capacity not less than 10 gallons or more than 20 gallons.
      ENCLOSURE.
         (a)   A wood, metal, plastic or natural vegetation (or combination of same) structure.
         (b)   The sole purpose of the ENCLOSURE shall be to hold garbage containers. It shall be constructed in a way so that:
            1.   Garbage containers can be easily removed by collectors;
            2.   It is pleasing to the eye and blends with adjacent structures and surroundings; and so that no more than 25% of the garbage cans are visible from the road or street obstructing the property on which the cans are located;
            3.   It is no more than 8 feet in length and 3 feet in both height and width;
            4.   It is located no less than 4 feet from the edge of the traveled portion of the street, but does not interfere with traffic and public service;
            5.   It is designed to minimize unsanitary conditions; and
            6.   It is located in front of or adjacent to the owner's property and in a manner so as not to interfere with an adjoining owner's use of his or her property.
      GARBAGE.  Includes all animal, fruit, vegetable and other waste resulting from the preparation of food and drink.
      PERSON.  Includes any individual, firm, corporation, trust or any other organized group, or any governmental unit.
      REFUSE.  Includes all garbage, rubbish, ashes or other substances offensive to sight or smell, including but not limited to dead animals including fish.
      RUBBISH.  Includes all other refuse not falling within the term GARBAGE, except those objects too large to be placed in cans.
   (C)   It shall be the duty of all owners and occupants of premises in the Town of Beverly Shores to keep the same free at all times from other than normal accumulations of refuse, garbage and rubbish, provided that the Police Department will notify owners or occupants to remove other than normal accumulations within a specified period of time and that failure to do so shall be a violation of the terms and conditions of this section.
   (D)   No person shall permit garbage, refuse or rubbish to accumulate upon premises owned or occupied by him or her unless it is stored and kept in containers.
   (E)   All premises where garbage, refuse or rubbish accumulates shall be provided by the owner or occupant thereof with containers. Containers shall be kept covered and reasonably clean at all times.
   (F)   (1)   No containers (with or without garbage) shall be left along side a street or alley, any other day except the day of garbage collection, unless they are inside a permanently built enclosure.
      (2)   They shall be placed along side of, but not in, the alley or street along which the collection truck will travel to collect the same and in a position readily accessible to the collector, or at other locations as the Street Commissioner shall designate.
   (G)   All out of the ordinary accumulations of refuse, such as those resulting from the operation of a business, or from construction, repair or remodeling shall not be handled by the town.
   (H)   It shall be unlawful for any person to deposit any items other than ordinary household garbage and refuse into any receptacles provided by the town.
   (I)   (1)   The town, at its discretion, shall pick up and remove other types and classes of refuse too large to be placed in containers.
      (2)   Refuse shall include any items as would ordinarily be accumulated by an average family living in an ordinary lot or plot of ground, provided the refuse is placed in areas designated by the Town Council.
(Ord. 130, passed 8-30-1976; Am. Ord. 78, passed 4-16-1979; Am. Ord. 89-10, passed 9-18-1989)  Penalty, see § 51.99