CHAPTER 91:  STORAGE AND COLLECTION OF SOLID WASTES AND RECYCLABLES
Section
   91.01   Definitions
   91.02   Property owners to provide containers
   91.03   Size, number and type of solid waste and recycling containers required for multifamily and commercial properties
   91.04   Properties served by cubic yard containers and recycling containers
   91.05   Properties not served by cubic yard containers
   91.06   Special collections
   91.07   Authority of Administrator
   91.08   Interference with stored solid wastes or recyclables
   91.09   Payment for service
 
   91.99   Penalties
§ 91.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The person or persons designated by the Town Manager to administer and/or enforce this chapter.
   BUSINESS TRASH. Any accumulation of dust, paper and cardboard, excelsior, rags or accumulations other than garbage or household trash incident to the ordinary conduct of stores, offices and similar businesses.
   CUBIC YARD CONTAINER. Receptacle a minimum of four cubic yards in size which is water- tight with a close-fitting lid used for the temporary storage of solid waste that is capable of being serviced by an automatic equipped collection vehicle.
   GARBAGE. Waste consisting of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food.
   HOUSEHOLD TRASH. Any waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.
   INDUSTRIAL WASTE. All waste, including solids, semi-solids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.
   MULTI-FAMILY DWELLING. A dwelling or combination of dwellings on a single lot consisting of three or more dwelling units.
   PREMISES. The areas of a property not enclosed within a building, including yards, sidewalks, alleys, rights-of-way, grass strips and curbs up to the edge of the pavement of any public street.
   RECYCLABLES. Include but are not limited to the following items that are empty and contain no food debris: clear, green and brown container glass, aluminum foil, aluminum cans, empty aerosol cans, cardboard, paper milk and juice cartons, steel food cans, #1 through #7 plastic containers, mixed paper, office paper, food boxes, newsprint with inserts, magazines, catalogs, phone books, junk mail, office ledger and pasteboard.
   RECYCLING CONTAINER. A receptacle which is equipped with a close-fitting lid used for the temporary storage of recyclables between scheduled pickups capable of being serviced by hand or by the town's contracted hauler's automatic equipped collection vehicle.
   REFUSE. Solid waste accumulations consisting of garbage, household trash, yard trash and/or business trash, as defined in this section.
   SOLID WASTE CONTAINER. A water-tight receptacle which is equipped with a close-fitting lid used for the temporary storage of solid waste that is capable of being serviced by hand or by an automatic equipped collection vehicle.
   SOLID WASTES. Wastes that are non-gaseous and non-liquid (except that liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter.)
   WASTES. All useless, unwanted or discarded materials resulting from domestic, industrial, commercial or community activities.
   YARD TRASH. Waste accumulation of lawn, grass or shrubbery cuttings or clippings, bushes, limbs and dry leaf rakings free of dirt, rocks, large branches and bulky or non-combustible material.
(Ord. passed 12-16-2019)
§ 91.02  PROPERTY OWNERS TO PROVIDE CONTAINERS.
   (A)   The owner of every property within the town shall be responsible for providing adequate solid waste containers in accordance with this chapter to store the solid wastes generated by activities taking place on that property between scheduled pickups.
   (B)   The owner of every property with one or more multi-family dwellings shall provide containers in accordance with this section to store recyclables generated by activities taking place on the property between scheduled pickups.
(Ord. passed 12-16-2019)
§ 91.03  SIZE, NUMBER AND TYPE OF SOLID WASTE AND RECYCLING CONTAINERS REQUIRED FOR MULTIFAMILY AND COMMERCIAL PROPERTIES.
   (A)   Subject to the provisions of this section and after consultation with the owner of the property concerned, the Administrator shall determine the size, number and type of solid waste and recycling containers that must be provided for multifamily and commercial properties within the town. In making this determination, the Administrator shall consider the type of activities on the property and the amount of solid waste likely to be generated by those activities, as well as the welfare of the occupants and neighbors of those property and the town's need to facilitate collection and minimize the costs of this service. A list of container sizes and types can be obtained at the Public Works office.
   (B)   Unless the Administrator determines that the topography of the premises requires alternative measures, the owner(s) of a property with one or more multi-family dwelling shall provide one or more cubic yard containers so that the following criteria relating to capacity are satisfied:
      (1)   One-eighth cubic yards of storage capacity is provided per bedroom; provided that the minimum sized cubic yard container shall be four cubic yards; and
      (2)   If more than one cubic yard container is required, the owner shall provide the smallest number of cubic yard containers capable of satisfying the requirements stated in division (B)(1) of this section.
   (C)   Unless the Administrator determines that the topography of the premises requires alternative measures, the owner of a property with one or more multi-family dwellings shall provide recycling containers so that the following criteria relating to capacity are satisfied. Each recycling container area shall accommodate the placement of an adequate number of 96-gallon recycling containers. The type and number of recyclable materials may change as the town's Public Works Department's recycling program changes.
   (D)   Unless the Administrator determines that the topography of the premises requires alternative measures, when any non-residential premises requires more than four of the containers described in division (F), one or more cubic yard containers of an appropriate size will be required.
   (E)   When cubic yard containers are required by the Administrator, only cubic yard containers compatible with private collection equipment currently in use will be approved.
   (F)   The owners of all premises not required to be served by cubic yard containers shall provide at least one 32-gallon or larger container made of galvanized metal, plastic, rubber or other material resistant to rust, corrosion or rapid deterioration. Each required container shall be water-tight and provided with handles and a tight-fitting cover. Owners may rent or lease a 96-gallon roll-out waste container from the town's contracted hauler that is compatible with the hauler's lift equipment.
(Ord. passed 12-16-2019)
§ 91.04  PROPERTIES SERVED BY CUBIC YARD CONTAINERS AND RECYCLING CONTAINERS.
   With respect to properties served by cubic yard containers:
   (A)   The location of cubic yard containers shall be determined by the Administrator after consultation with the owner of the property concerned. In making this determination, the Administrator shall consider the needs of the occupants for safe and convenient access to the location for deposit and the private hauler's ease of access to the location for collection;
   (B)   Solid waste and recycling materials shall be collected from the approved location on a schedule determined by the Administrator;
   (C)   Screening shall be provided around containers.
   (D)   All solid wastes shall be stored in cubic yard containers pending collection.
   (E)   All cubic yard containers shall be cleaned periodically to minimize offensive odors and the tops or openings to all cubic yard containers shall be kept securely fastened at all times pending collection;
   (F)   All enclosures and screens shall be well maintained and replaced as needed;
   (G)   Recycling containers shall be located in the same area as the solid waste container site where reasonably possible;
   (H)   If locating the recycling area at the solid waste container site proves impractical for new construction or in connection with the renovation or expansion of an existing multi-family dwelling, a recycling area shall be located in an accessible area on the property as determined by the Administrator; and
   (I)   Screening, enclosures, container types, placement of containers and the like shall comply with all applicable specifications established by the town's Public Works Department and with any requirements of the town's Unified Development Ordinance ("UDO").
(Ord. passed 12-16-2019)
§ 91.05  PROPERTIES NOT SERVED BY CUBIC YARD CONTAINERS.
   With respect to properties not served by cubic yard containers:
   (A)   Refuse shall be stored on the premises of a property pending collection only in solid waste containers meeting the requirements of this chapter. 
   (B)   Garbage, animal wastes (such as pet feces and cage and litter box wastes) and human wastes (such as diapers) shall be stored in watertight bags or containers before being placed in solid waste containers for collection.
   (C)   Except as otherwise provided in this section, solid waste containers may not be stored between scheduled pickups between a street and the side of a dwelling facing the street unless the solid waste containers are stored within:
      (1)   A completely enclosed structure such as a garage or shed; or
      (2)   An opaque enclosure specifically designed for storing solid waste containers that is enclosed on all four sides and on the top so as to prevent entry of animals, and that is located outside of the street right-of-way unless an appropriate encroachment agreement has been obtained for the enclosure.
   (D)   Solid wastes shall be placed adjacent to the street for collection on the scheduled collection day or after dark on the preceding day. After collection, all solid waste containers and all uncollected solid wastes shall be removed to a storage location that complies with division (C) above by 9:00 a.m. on the day following the collection day.
   (E)   If the Administrator determines that because of physical infirmity, the occupant of a property cannot without undue hardship transport the solid wastes from the storage location required by division (C) above to the collection point required by division (D) above, the Administrator may authorize the occupant to store solid wastes at a convenient location away from the curb between scheduled pickups or provide on-premises pickup.
   (F)   Containers that do not meet the requirements of this chapter may be treated as solid wastes and collected as such.
(Ord. passed 12-16-2019)
§ 91.06  SPECIAL COLLECTIONS.
   (A)   Solid wastes generated by single-family and duplex residential customers that are too bulky, heavy or cumbersome to be collected by the town as part of its regular collection service may be collected by the town pursuant to a request made to the Administrator as a “special collection.” Special collections will be collected only in accordance with this section and any policies adopted by the Administrator, and may include yard waste (including grass cuttings, hedge clippings, tree debris and tree trimmings, shrubbery and similar items less than eight inches in diameter and ten feet in length); containers weighing more than 75 pounds; furniture and household furnishings, white goods, and similar items.
   (B)   To the extent practical, special collection items must be placed within ten feet of the curb, may not impede the public way, and must be clear of overhanging obstructions.
   (C)   Yard waste must be kept separate from and shall not be mixed with any other type of solid waste for purposes of collection by the town.
   (D)   No materials such as trees, logs, stumps, shrubbery or underbrush resulting from land being cleared shall be collected by the town. Proper collection and disposal of such material shall be the responsibility of the contractor or builder or, in the event that the contractor or builder fails to remove such material, the responsibility of the owner of the property.
   (E)   A property owner or occupant who deposits special collection items must call the town's Public Works department within one business day of making the deposit to arrange for a special collection pick-up.
   (F)   The town reserves the right to refuse any request made pursuant to this section and the failure of the town to provide this service shall not relieve any person of any of the obligations imposed by any provision of this code.
   (G)   Each single-family and duplex residential property is entitled to a limited number of free special collection pickups per calendar year pursuant to the current policies of the Public Works Department. Any special collection pickup over that number of free pickups shall be charged to the occupant or property owner at the rates provided on the current schedule of rates and fees of the Department. If an occupant who is not the property owner fails to pay the special collection charges, the charges shall be chargeable to and paid by the property owner.
   (H)   In the event a property owner or occupant fails to arrange for a special collection as required per division (E), the town may collect the solid wastes and charge the pick-up against the property owner or occupant as provided at division (G).
(Ord. passed 12-16-2019)
§ 91.07  AUTHORITY OF ADMINISTRATOR.
   (A)   The Administrator shall establish collection routes and schedules and may alter these routes and schedules from time to time. A copy of the current routes and schedules shall be kept on file in the office of the Town Clerk. Notice of any changes in the routes or schedules shall be made known to affected citizens and placed on the Town's website at least ten days before the changes are to become effective.
   (B)   Whenever this chapter authorizes the Administrator to make a discretionary determination, all persons affected by that determination shall comply with it within 15 calendar days after receiving written notice of the determination and the reasons for it. Thereafter, a failure on the part of any person receiving the notice to comply with the determination shall constitute a violation of this chapter.
(Ord. passed 12-16-2019)
§ 91.08  INTERFERENCE WITH STORED SOLID WASTES OR RECYCLABLES.
   (A)   It shall be unlawful for any person to damage, displace or otherwise interfere with solid waste containers or collect, pick up or cause to be collected or picked up solid wastes or recyclable materials stored or prepared for collection without the consent of the owner, lessee or occupant of the property where those containers or solid wastes are located.
   (B)   From the time of placement at the curb of recyclable items in a container for collection by the town or its designated contractor, the materials shall become and be the property of the town.
   (C)   Any resident may donate or sell recyclable items to any person, whether operating for profit or not for profit. However, no person may, under any circumstances, pick up recyclables stored or prepared for collection from the curbside in the town.
(Ord. passed 12-16-2019)
§ 91.09  PAYMENT FOR SERVICE.
   Except for special collections as provided at § 91.06 and any charges and fees assessed pursuant to the town's current schedule of charges and fees, there shall be no charge for solid waste and recycling collection for single-family and duplex residential dwellings. All other customers shall be charged for solid waste and recycling collection pursuant to the current policies and schedule of fees adopted by the town.
(Ord. passed 12-16-2019)
§ 91.99  PENALTIES.
   (A)   Penalty for first violation. A civil penalty of $50 shall be assessed upon any property owner or occupant responsible for a first violation of this chapter within any 12-month period.
   (B)   Penalty for second and subsequent violations. Upon second and subsequent violations of a provision of this chapter by a person within 12 months of that person receiving a notice of violation under this chapter, a civil penalty of $100 shall be assessed for the violation.
   (C)   The town may refuse to empty any solid waste or recycling container or refuse to pick up any special collection deposit that is in violation of any requirement of this chapter.
   (D)   Each day that a violation continues uncorrected shall constitute a separate violation.