§ 8.28.065  PLACEMENT OF UNAUTHORIZED BINS, DUMPSTERS, AND OTHER WASTE RECEPTACLES PROHIBITED.
   A.   Except as expressly authorized by this chapter, no person other than a permittee may place a bin, dumpster or other solid waste receptacle for collection within the city.
   B.   1.   The city shall provide written notice to any person or business violating this section, that the prompt and permanent removal of such bin, dumpster or waste receptacle from its location within the city is required.  The city shall provide such written notice by posting a copy of the notice prominently upon the bin, dumpster or waste receptacle.  If the bin, dumpster or waste receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the city shall endeavor to contact such enterprise by telephone.  However, failure to notify the owner telephonically shall not invalidate the notice.
      2.   The city may impound or cause to be impounded any such bin, dumpster or waste receptacle if the same is not permanently removed from its location within the time set forth in the  notice, which time shall not be less than twenty-four (24) hours after posting of the notice, or not less than six (6) business hours after telephonic notification, if such notification is provided.  If the bin, dumpster or waste receptacle has no markings identifying the owner or setting forth the owner's telephone number, and if identification of such owner thereof cannot be provided by the business owner or operator on whose premises the bin, dumpster or waste receptacle is located, then the city shall be authorized to immediately remove and impound it.  For purposes of this section, "business hours" shall mean the hours of 7:00 a.m. to 5:30 p.m., Monday through Friday, and Saturday 7:00 a.m. to 3:00 p.m.  Any person who violates this section shall be liable to the city for all fees and charges established by resolution of the City Council and levied in connection with the collection, transportation, storage and handling of the bin, dumpster or waste receptacle by the city.
      3.   The bin, dumpster or waste receptacle impounded by the city shall be retrieved by the owner or representative thereof immediately after all applicable fees and charges have been paid.  The City Manager may delegate to a permittee the authority to impound and/or store unauthorized bins, dumpsters and/or waste receptacles, in accordance with the provisions of this section, and to collect the fees and charges levied by the city.
   C.   If the bin, dumpster or waste receptacle is not claimed within thirty-five (35) days after removal and notice to the owner, or thirty (30) days after removal if the identity of the owner is unknown, the bin, dumpster or waste receptacle and its contents shall be deemed abandoned property and may be disposed of in any manner authorized by law.
   D.   Upon posting of a written notice of violation upon an unauthorized bin, dumpster or waste receptacle, the customer using the same shall immediately cease placing solid waste therein.
   E.   For purposes of this section, the terms "bin", "dumpster" and/or "waste receptacle" shall mean and include any form of solid waste or recyclable materials receptacle which is placed for collection upon any public or private property within the city by any person or entity that is not a permittee.
   F.   It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section.  Any person, firm, partnership or corporation violating any provisions of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.  Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this section.
   G.   The violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. 1031, passed 12-21-99)