§ 50.10 WASTE STORAGE CONTAINERS.
   Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair suitable containers for refuse in accordance with the following.
   (A)   Container specifications. Waste storage containers shall comply with the following specifications.
      (1)   City-owned garbage, yard waste and single-stream recycling containers. 
         (a)   Only city-owned containers provided by the city shall be used for the placement of residential garbage, yard waste, and recycling for collection by the city. Only those city owned containers shall be assigned to a particular residential premises and shall remain at that residential premises in the event the owner or occupant moves.
         (b)   Collection shall not be made on any garbage, yard waste, or recycling that is not placed within the container. Solid waste, yard waste, and single-stream recycle containers that are so filled that the hinged lid cannot be fully closed will not be collected.
         (c)   If a resident wishes to have an overfilled garbage container emptied, he or she may purchase a special collection bag at City Hall for the price of $5. The special collection bag shall be visibly placed on the contents of the overfilled container on their normal day of collection. The purchase of the special collection bag does not cover bags that are not placed in or on the garbage container and no bags shall be collected that are placed on the ground.
         (d)   If a city owned container is lost or stolen from a residential premises, the owner or occupant of the residential premises shall report such event to the Clinton Police Department within 24 hours of the loss. In the event of loss or theft, a replacement city owned container shall be provided to the owner or occupant.
         (e)   City-owned containers shall be maintained in a reasonable state of cleanliness by the residential customer.
         (f)   The City has the right to audit all city-owned containers at any time.
      (2)   [Reserved]
      (3)   Putrescible solid waste. All putrescible solid waste shall be drained of all excess liquid, wrapped in paper or in disposal containers and placed or stored until collected in covered suitable containers. Ashes should be placed in separate sturdy containers before being deposited for collection.
      (4)   Residential containers/dumpsters. No residential solid waste from a single-family or two-family residence shall be placed out for collection in containers that are larger than 95 gallons. Where residential solid waste is placed out for collection from residential units of more than a one-family or two-family residence in containers that are larger than 95 gallons, the containers must be visually screened from abutting properties and the public streets. Where a single-family or two-family residence has an approved home occupation pursuant to the city’s zoning regulations, a solid waste container may exceed 95 gallons provided the container is visually screened from abutting properties and the public streets. Home occupations allowed this exception are day care facilities, barber and beauty shops, carpentry shops, cabinet making, upholstering, furniture repair, refinishing or similar occupations.
      (5)   Commercial containers/dumpsters. Every person owning, managing, operating, leasing or renting any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the city and procured from a private contractor.
   (B)   Storage of containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the city to use public property for those purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage, yard waste, and recycling to prevent materials from being blown or scattered around neighboring yards and streets.
   (C)   Solid waste dumpsters on streets. The placement of solid waste dumpsters of any size on the streets and the placement of dumpsters of 20 cubic yard capacity or more on the alleys of the city is prohibited, unless a permit for the purpose is obtained by the owner of the dumpster in accordance with this division. Solid waste dumpsters will be permitted on paved streets or alleys only if the dumpster cannot be located off of the paved portion of the street or alley. The location of the dumpster must be approved by the Street and Solid Waste Department. The placement of the dumpster must not create a traffic hazard. Reflectors or reflectorized tape shall be placed on the corners of the dumpsters. A flashing light or lights may be required by the Street and Solid Waste Department, if deemed necessary. The dumpster must have a cover if any of the contents can be windblown. Disposal of garbage in on-street dumpsters is prohibited.
      (1)   Permit application. The owner of the dumpster or the owner’s designee shall apply for a permit at City Hall when placing a solid waste dumpster on the streets and a solid waste dumpster of 20 cubic yards’ capacity or more on the alleys of the city. The application should state the name, address and telephone number of the owner, the proposed location of the dumpster, the length of time the dumpster will be located on the street, the size of the dumpster, a statement that the dumpster cannot be located off of the paved portion of the street or alley and a statement that the owner of the dumpster will be responsible for any damage to public property and the owner will reimburse the city for any damages. Accompanying the application must be a current certificate of liability insurance in an amount of at least $1,000,000 covering the owner and owner’s business. The application must be signed by the owner or the owner’s designee.
      (2)   Fee. The fee for the permit shall be as established by resolution of the Council.
      (3)   Issuance of permit. If all of the requirements of the permit application and regulations are met, the permit shall be issued. The permit shall be for a period of seven calendar days, when the dumpster should be removed. A second permit may be issued for the same dumpster for the same location upon payment of another permit fee. A third permit for the same dumpster for the same location shall not be issued. A self-adhesive sign with the expiration date of the permit on it will be issued with the permit. The permit holder shall affix the sign to the top corner of the end of the dumpster nearest the center of the street. The permit, once issued can be revoked by the Street and Solid Waste Department if there is noncompliance with any of the requirements.
      (4)   Location of containers for collection. Containers for the storage of solid waste awaiting collection shall be placed outdoors at some easily accessible place by the owner or occupant of the premises served.
      (5)   Nonconforming containers. Solid waste placed in containers not meeting city specifications or in other unacceptable containers will not be collected.
(1999 Code, § 105.10) (Ord. 2223, passed 8-22-2000; Ord. 2456, passed 8-9-2011; Ord. 2471, passed 4-24-2012; Ord. 2474, passed 6-12-2012; Ord. 2615, passed 6-25-2019) Penalty, see § 10.99