(A) All commercial buildings constructed after the passage of this ordinance shall have incinerator facilities subject to all city, county, and state health requirements.
(B) Outside trash containers shall be permitted in the RM, HRM, R-O, C-1, C-2, C-3, C-4, M-1, and M-2 districts, provided that they comply with the following requirements:
(1) Adequate vehicular access shall be provided to the containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby and whenever possible be located in the rear of the property;
(2) A solid ornamental screening wall or fence shall be provided around all sides of trash containers which shall be provided with a gate for access and be of a height so as to completely screen the containers, the maximum height of which shall not exceed 6 feet;
(3) The trash container(s), the screening wall or fence, and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, waste paper, or other debris. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed; and
(4) There shall be compliance with all city, county, and state health ordinances and statutes.
(C) Outside trash containers shall be permitted in the SE, R-1A, R-1B, and R-1C districts, provided that they comply with the following requirements:
(1) All conditions of regulation as outlined in § 142.04 in regards to littering.
(2) All trash containers located outside the building must be placed at a minimum behind the front face of the dwelling and in a manner designed to be directed away from adjoining property lines and not offensive to a reasonable person.
(3) No commercial trash container (dumpster) shall be allowed that would be intended for the collection of normal household garbage/food waste.
(D) Collection/donation containers. Outside collection containers shall be permitted in the RM, HRM, R-O, C-1, C-2, C-3, C-4, M-1, and M-2 districts, provided that they comply with the following requirements:
(1) Permit required.
(a) No person shall place, operate, maintain, or allow a collection bin within the city without having first obtained a permit issued by the Department of Public Works.
(b) An application must be submitted to include all locations, along with written permission from each property owner. A permit fee shall be paid for each collection bin. At no time shall there be more than 2 permits allowed for anyone parcel.
(c) A permit fee in an amount set by resolution of the Council shall be paid at the time the application is made for the license or renewal thereof. A permit issued pursuant to this chapter shall be nontransferable and non-assignable.
(d) All collection containers must obtain a collection container permit and must include an affidavit and acknowledgment of the property owner giving permission to locate a collection container on real property on which collection containers are placed.
(e) A permit issued to a collection bin that meets the requirements of this chapter shall automatically renew for successive 1-year terms upon payment of a renewal fee, provided the city did not issue a written notice of violation of any provision of this chapter to the bin owner or property owner during the preceding 1-year term. A license that does not qualify for automatic renewal may be renewed upon payment of a renewal fee if the bin meets the standards of this chapter and has no open citations, unpaid fines, or unresolved violations at the time of license renewal. A permit shall not be renewed for a period of 1 year if the city issued three or more written notices of violations of this chapter against the collection bin during the preceding 12 months. The Department of Public Works shall notify the applicant in writing of the decision to deny the renewal permit and state the specific reasons for denial.
(2) Application and review.
(a) Any person desiring a permit pursuant to this chapter shall file with the DPW a permit fee together, which application shall contain the following information:
1. Name, address, telephone number, email, and website address (if any) of the applicant, and of each officer if a corporation or each partner if a partnership. The same information shall be provided for the collection bin operator if different from the applicant.
2. Name, address, telephone number, email, and website address (if any) of the owner of the real property on which the collection bin will be located.
3. Name, address, telephone number, email, and website address (if any), including 24-hour contact information, of the person responsible for the daily operation and management of the collection bin.
4. A signed and notarized affidavit and authorization from the property owner to allow placement of the collection bin on the property.
5. Signed and notarized acknowledgments from the property owner and from the collection bin owner acknowledging receipt of a copy of this chapter and responsibility for joint and several liability for violations of this chapter.
6. A textual description and scaled drawing or map on 8 1/2-inch by 11- inch paper or other size accepted by the city that shows:
a. The proposed location of the collection bin(s). Adequate vehicular access shall be provided to the containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby and whenever possible be located in the rear of the property.
b. The location and dimensions of all parcel boundaries, buildings, driveways, sidewalks, parking spaces, easements, and landscaped areas, and the distance from each to the proposed location of the collection bin.
c. Calculation of required, existing, and proposed number of parking spaces.
d. The distance between the proposed location of the collection bin and the nearest residential property.
e. The location and distance of all collection bins within 1,000 feet of the proposed collection bin location.
f. A photograph of the collection bin to be installed.
g. A description of the locking mechanism of the collection bin.
h. A maintenance plan that includes a plan for graffiti removal, rust protection, pick up schedule, and litter and trash removal on and around the collection bin that is sufficient to prevent and/or eliminate blight-related conditions.
(3) Maintenance and hours of operation.
(a) Containers shall be maintained in good condition and appearance, with no damage such as holes, rust, or graffiti.
(b) The collection container operator and property owner shall maintain, or cause to be maintained, the area surrounding the containers free from any junk, noxious odor, debris and donated items.
(c) Collection containers shall be serviced not less than monthly or more frequently if containers are observed by the Planning and Community Development Department to be full. Servicing shall occur between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, removal of collected material and abatement of any graffiti, litter, or other nuisance condition.
(d) Containers shall have an identification plate with the name, mailing address, email address, website and phone number of the operator. This plate shall be mounted near the donation chute.
(4) Exceptions. Notwithstanding the above regulation of this ordinance, any non-profit organization or religious institution that engages in collection of goods and materials as part of its organizational mission may maintain up to 3 accessory collection bins on its own building site. All such collection containers shall be exempt from Section 1, "Permit Required," and Section 2, "Permit Application and Review," but shall adhere to all other standards and requirements of this ordinance. The separation and setback requirements in the above shall be replaced with the following: no bin shall be placed closer than 50 feet to any residentially zoned property nor closer than 10 feet from any other non-residentially zoned property.
(5) Violations. A violation of any provision or requirement of this section is a civil infraction, subject to enforcement and the fines and penalties for civil infraction violations as set forth in this code, in addition to the penalties set forth herein.
(Ord. 2021-7-157, passed 7-19-2021)