§ 54.06 CONTAINERS FOR GARBAGE AND REFUSE.
   (A)   Containers Required; Maintenance:
      (1)   Unless otherwise provided in this chapter, every person owning, managing, operating, leasing, or renting any premises or any place where garbage or rubbish accumulates, shall provide and at all times maintain in good order and repair, on any such premises, a town provided poly cart, which shall be used for the trash collection trucks and shall not be removed from the premises.
      (2)   Any poly cart that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be replaced with no cost to the resident.
      (3)   Any poly cart that is not distributed by the Town of Calera or its contractor will not be collected.
      (4)   Any additional garbage or rubbish placed at the street or curb line for removal by the town, shall be contained items (boxed or bagged) on a non-regular basis. Any person placing loose items for disposal at the curb line or street for collection is in violation this chapter. Additional trash collection fees will apply if the town or its duly authorized agent is requested to return prior to the next regularly scheduled pick up day. As established by the town board.
      (5)   The town shall have the authority to refuse collection services for failure to comply with this chapter.
      (6)   If the poly cart is damaged, and the resident is determined to be at fault, the replacement cost of the poly cart will be billed to the resident.
   (B)   Size; Cleanliness:
      (1)   All poly cart containers shall be kept clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes, or any other biting and/or stinging insects.
   (C)   Businesses, Mobile Home Parks:
      (1)   Unless otherwise exempted by the public works department, business, industrial, institutional, and mobile home parks shall utilize containers provided by the town and shall be of sufficient capacity and/or quantity to fully contain all refuse accumulated between collection periods.
      (2)   All covers or doors shall be kept closed except when depositing refuse in the container.
      (3)   Every person utilizing containers provided by the Town shall have a duty to regularly inspect, secure and correct defects in the container which may be its form, use or location if such location can reasonably cause injury or damage to any person or property. Defects in any container that
cannot be corrected by a user must be reported in writing to the Public Works Department.
      (4)   The town shall not be liable for any damage or injury to any person or property based on any users' failure to inspect, secure, or repair or report defects in any container.
   (D)   Multi-Family Dwellings:
      (1)   The type of trash service available at multi-family dwellings shall be determined by the Public Works Director of the Town of Calera. If it is determined by the Public Works Director that there are safe locations for poly carts and poly cart services are available, they will be provided and billed. If it is determined that dumpster services are safer and more advantageous, they will be provided and billed to the landlord.
      (2)   All lids or doors to refuse containers, whether poly carts or dumpsters, shall be kept closed except when depositing refuse in the container.
      (3)   Every person utilizing containers provided by the Town shall have a duty to regularly inspect, secure and correct defects in the container which may be its form, use or location if such location can reasonably cause injury or damage to any person or property. Defects in any container that cannot be corrected by a user must be reported in writing to the Public Works Department.
      (4)   The Town shall not be liable for any damage or injury to any person or property based on any users' failure to inspect, secure, or report defects in any container.
   (E)   Residential and Commercial Dumpsters and Roll-Offs:
      (1)   The Town, shall be the sole provider for roll-off containers within the Town unless the town is unable to provide one, it's contractor shall provide one. All requests made for roll offs in the town shall be communicated through town hall.
      (2)   Dumpsters shall be filled with only household items.
      (3)   Roll Offs shall be filled with only household items, construction items, small branches, and small trees less than 6" in diameter.
      (4)   Roll Offs shall not be filled over the top rail and shall not hang over the sides.
      (5)   Dirt, sand, rocks, asphalt, and concrete are prohibited.
      (6)   It shall be unlawful for any person to damage or otherwise interfere with the use of any refuse container, publicly or privately owned, within the town. No containers may be removed or relocated without permission of the Public Works Director or his designees.
      (7)   It shall be unlawful for any person to use any refuse dumpster or roll-off not owned by the town or its contractor.
   (F)   Penalty:
      (1)   A person who violates this ordinance shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of $215.00. Each day upon which a violation continues shall be deemed a separate offense.
(Prior Code, § 17-403) (Ord. 2021-12, passed 12-9-2021; Am. Ord. 2022-08, 11-10-2022) Penalty, see § 54.99