(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE.
All putrescible wastes, except sewer and body wastes, including all organic wastes that have been prepared for or intended to be used as food or have resulted from the preparation of food, including all such substances from public and private establishments and residences.
REFUSE.
All putrescible and nonputrescible wastes, organic or inorganic wastes, hazardous and toxic wastes, or combustible and noncombustible wastes, but not including human body waste or other sewage waste.
(`87 Code, § 10-1-1)
(B) Hauling refuse. It is unlawful for any person to haul or cause to be hauled any refuse on or along any public street, avenue, or alley in the town in violation of any of the provisions of this chapter.
(`87 Code, § 10-1-2)
(C) Vehicles and receptacles to be watertight. It is unlawful for any person to haul or cause to be hauled on or along any public street in the town any garbage unless such garbage is contained in strong, watertight vehicles or vehicles with watertight receptacles, constructed to prevent any such garbage from falling, leaking, or spilling and any odor from escaping.
(`87 Code, § 10-1-3)
(D) Spilled Refuse. Any person hauling any refuse along the streets of the town shall immediately replace in the conveyance used for such hauling any refuse which may fall upon any street.
(E) Garbage Collection.
(1) All garbage haulers providing refuse collection in the town, shall, as part of said collection:
(a) Provide reliable service, which shall include, but not be limited to, collection no less than one time per week;
(b) Provide fly-tight containers that are in good condition;
(c) Completely empty the containers on each visit to the residence and immediately clean up any refuse spilled during the collection process. If any fly larvae are found in the container, the container must be immediately removed and replaced by the hauler.
(2) Residents shall do the following:
(a) Keep their garbage containers reasonably clean and free from fly larvae, other vectors and intense odors;
(b) Bag and tie all garbage, including grass, to prevent fly breeding and control offensive odors (brush trimmings do not have to be bagged);
(c) Place the container at a convenient location for collection not more than 12 hours prior to the scheduled refuse collection. The containers shall be returned to the storage area within 12 hours after collection;
(d) If any fly larvae are found in a container, immediately remove and replace that container.
(3) Enforcement.
(a) Except as otherwise specifically provided in §§ 34.70 et seq. of the Town Code (Civil Offenses), violations of this section shall be civil in nature.
(c) Notice and opportunity to cure.
1. The Town Manager or designee or any peace officer may issue a notice pursuant to this section.
2. The notice will notify the resident that a violation of division (2), above, has been observed on property owned or occupied by the resident.
3. The notice shall describe the nature of the violation, and shall specify the provision of division (2), above, that gives rise to the violation.
4. The notice shall require the resident to cure the violation or cause others to cure the violation within 14 days of the date of the notice.
5. If the violation is not cured within 14 days as specified in the notice, then a citation shall be issued as provided in §§ 34.70 et seq. of the Town Code.
6. If, within a three-month period, more than two notices are served on a resident in regard to a violation of this section on the same property, then subsequent violations on that property shall be enforced as provided by §§ 34.70 et seq. of the Town Code, until the expiration of a 12-month period during which no citations have been issued against the property for a violation of this section.
(d) Violations of this section are in addition to any other violation established by town ordinance or state statute; and this section in no way limits the penalties, actions or abatement procedures which may be taken by the town for any violation of this section which is also a violation of any other ordinance or other provision of the town or statute of this state.
(`87 Code, § 10-1-4) (Am. Ord. O-2001-08, passed 10-15-01) Penalty, see § 10.99
Statutory reference:
Criminal littering (including felony offenses), see A.R.S. § 13-1603
Littering from a vehicle, see A.R.S. § 28-7056
Solid waste offenses, see A.R.S. § 49-791