(a) Definitions.
(1) "Debris/waste" means any loose item within or on premises and includes, by way of illustration but not limitation, the following: bottles, cans, boxes, papers, cartons, bags, whether of paper or other substance, plastic containers, aerosol cans, handbills, wrappings, string, ropes and other similar items or objects, whether new or used.
(2) "Premises" includes the land and building(s) thereon of any property.
(3) "Common areas" means those areas, the use of which is permitted to all occupants or lawful users of the premises.
A. "Exterior area" includes all common front yards, side yards, unenclosed walkways, sidewalks, parking lots.
B. "Interior area" includes all common walkways, stairwells, arcade areas or malls. It shall not include interior areas used by owners or tenants and over which they have exclusive right of control.
(4) "Responsible party" means that individual, corporation, partnership, owner or landlord, irrespective of the particular organization through which it conducts its operation, or any agent, representative or officer thereof to whom rent is paid or who exercises control in any degree whatsoever over the maintenance, care, protection, leasing and renting of the premises.
(b) Debris/Waste Prohibited. All debris or waste in all common exterior or interior areas of premises in apartments, commercial, retail or industrial areas is prohibited; and the removal of such debris shall be the duty and obligation of the responsible party, as defined in subsection (a)(4) hereof. The observance and presence of debris in forbidden areas shall be prima facie evidence that a violation of this section has occurred and testimony to such extent shall be admissible in any prosecution hereunder and shall be sufficient to sustain a burden of proof unless otherwise rebutted.
(Ord. 1976-38. Passed 10-25-76.)
(c) Effective April 1, 2008, each person or entity which regularly produces in excess of 90 gallons of solid waste per week or temporarily stores solid waste for collection receptacles larger than thirty (30) gallons shall comply with the following requirements.
(1) Receptacles to be provided. Any person owning, using or occupying an apartment, multi-family dwelling, public, business, commercial or industrial building, structure or facility shall provide and maintain in good order and repair garbage and trash receptacles of sufficient size and number to contain the garbage or trash that will accumulate on the premises.
(2) Receptacle storage required. No garbage or trash shall be stored or placed out of doors awaiting pickup except in a closed receptacle.
(3) Removal of contents. Each owner of an apartment, multi-family dwelling, public, business, commercial or industrial building, structure or facility and each owner of a garbage and trash receptacle shall remove or have removed the contents of same at least once every seven days.
(4) Receptacle specifications. Garbage and trash receptacles used for the temporary storage of garbage, trash and refuse materials shall be of solid construction, nonabsorbent materials, water tight, provided with closely fitting covers and reasonable rodent proof.
(5) Damaged or deteriorated receptacles. Garbage and trash receptacles which have deteriorated or have been damaged to the extent that they cannot meet the aforesaid requirements or to the extent that they are capable of cause injury to persons who handle or use the containers are declared a nuisance and may be condemned by the Building Department.
(6) Placement of receptacles. Garbage and trash receptacles shall be placed on a pavement or other solid surface which does not permit the percolation of liquids and which shall drain in such a manner that any liquids released from the container in any manner may be properly collected in the sanitary sewer system or otherwise collected for proper disposal, and that it comply with all state and federal laws and local ordinances.
(7) Accessibility for collection. Garbage and trash receptacles shall be placed in a position where they are accessible to refuse collectors and their equipment without interference with designated parking areas, and shall be returned to screened position when refuse collection is complete.
(8) Screening. Garbage and trash receptacles if located outside of a building or structure shall be wholly screened by an approved fence or landscaping and so located that their maintenance and use shall not be injurious, noxious, offensive or hazardous to occupants of the premises or properties outside of the boundaries of the property.
(9) Unauthorized use of receptacles. No person shall place or permit anyone to place any garbage or trash in any receptacle unless the refuse is from the premises on which the receptacle is located.
(d) Any person convicted of a violation of this section shall be deemed guilty of a minor misdemeanor.
(Ord. 2007-36. Passed 10-9-07.)
(Ord. 2007-36. Passed 10-9-07.)