§ 51.16 REGULATION OF REFUSE.
   (A)   The Town of Clayton, having made the capital investment of equipment, real estate and improvements necessary and convenient to operate a dumpster/landfill sanitary service for the Town of Clayton shall operate a general system of refuse collection and disposal as set out herein, but by no means does this give the town an exclusive right to remove unsanitary material.
   (B)   Every person holding or controlling any occupied real property within the municipal limits of the Town of Clayton shall pay a fee to the Town of Clayton for the collection and disposal of refuse in accordance with the schedule contained herein.
   (C)   The dumpsters provided by the Town of Clayton and used by said entity in its refuse disposal operation shall be used by persons within the municipality for disposal of waste material suitable for deposit in such containers. No material which is larger than four feet in length, two feet in width and one foot in thickness shall be deposited in containers provided by the town in connection with this garbage disposal system and any refuse generated by the inhabitants of the Town of Clayton not amenable to disposal by the Town of Clayton's system shall be disposed of at the Town of Clayton landfill or by other suitable means. Trash resulting from demolition, construction or remodeling or tree removal or tree trimming projects shall not be deposited in the dumpsters provided by the town.
   (D)   No person shall deposit any refuse on public or private property for a period exceeding 24 hours other than by deposit in the dumpsters provided by the Town of Clayton.
   (E)   No person shall allow the lids to the dumpsters provided by the Town of Clayton to remain open and said lids shall be closed at all times other than when refuse is being deposited in the dumpster.
   (F)   No person shall disturb the contents of a dumpster and rummaging around in dumpsters is in violation of this chapter.
   (G)   Each and every person provided with the use of a dumpster shall keep said dumpster in a clean condition and not allow grease or oil to accumulate on the exterior of said dumpster.
   (H)   Each person owning or controlling real property within the municipality shall be responsible for keeping the weeds, grass and other vegetable matter in the alley adjacent to such real estate trimmed to a maximum of one foot in height.
   (I)   Each person owning or controlling real estate within the municipality shall be responsible for keeping the weeds, grass and other vegetable matter on such realty trimmed to a maximum of one foot in height.
   (J)   Cardboard boxes deposited in dumpsters shall be folded flat so as not to exceed one inch in thickness and other materials amenable to relatively easy compression shall be compressed before being placed in the dumpster.
   (K)   No person shall burn or cause to be burned within the corporate limits of the Town of Clayton any solid waste, refuse or waste material without the prior written consent of the Town Manager.
   (L)   No person shall deposit in a dumpster hot ash or other material likely to ignite the contents of the dumpster.
   (M)   No person shall deposit animals in any dumpster provided by the town.
   (N)   No person shall deposit hazardous wastes as defined in NMSA § 74-4-3 and successor provisions in a receptacle provided by the town for disposal of waste, or cause, or allow hazardous wastes to be transported to and deposited at the collection center or receiver of waste without the prior consent of the Solid Waste Supervisor.
   (O)   No person shall deposit any trash, waste, refuse or any other material whatsoever into a dumpster owned by the Town of Clayton unless such person is either:
      (1)   A resident of the Town of Clayton;
      (2)   A nonresident who has entered into an agreement with the Town of Clayton for dumpster service and is current in payment for the same; or
      (3)   A person who is an employee or agent of a person authorized to use a Town of Clayton dumpster as described in division (O)(1) or (2) above who is acting at the direction of such authorized person.
(Ord. 653, passed 9-14-2006; Am. Ord. 685, passed 12-14-2011; Am. Ord. 722, passed 5-10-2023) Penalty, see § 51.99