The following definitions of terms shall apply unless the content clearly indicates another meaning or unless elsewhere expressly stated for specific application:
GARBAGE: Every accumulation of discarded food matter, newspapers, clothing, rubbish, and other discarded items, which have been abandoned by the owner and left for collection and removal.
GARBAGE COLLECTION: The process whereby the garbage containers containing garbage are taken from any designated location on any premises and loaded into a vehicle of any kind intended to transport the garbage from the premises to a disposal area.
GARBAGE COLLECTOR: Any person, firm, agency, public entity (including the city of Colstrip), or any employee, or agent thereof, who intends or is engaged in collection and transportation of garbage, rubbish, and waste matter in any part of the city.
GARBAGE CONTAINER: Any can or container, basket, hopper or any other article constructed, purchased, installed or used for the purpose of holding an accumulation of garbage pending collection and/or disposal. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
The following standards and requirements are established as a minimum for sanitary accumulation and storage of garbage pending collection:
A. Garbage Containers: All garbage containers for other than bulk accumulation shall be approved by and within the specifications of the city or the garbage collector and shall not exceed ninety (90) gallons capacity, be in good repair, and leakproof. The garbage container shall be fitted with tight fitting covers, and such covers shall only be removed at the time of filling or emptying. The size of the garbage containers shall be limited as follows:
1. Commercial containers should not exceed a three hundred (300) gallon capacity.
2. Multi-unit (residential and trailers) containers should not exceed a three hundred (300) gallon capacity. There shall be at least one three hundred (300) gallon container for each three (3) residential units, except for apartment complexes there shall be one such container for each four (4) units.
3. Single and double family residential containers should not exceed a ninety (90) gallon capacity.
B. Placement Of Containers: The containers for the garbage collection shall be placed in accordance with the specifications of the city or the garbage collector for garbage collection, and shall be placed in their designated place for collection immediately prior to the time of collection. The place where containers are kept, pending collection, shall be clean, free from spilled garbage, and free from smell, water or residue.
C. Home Incinerators Prohibited: No home incinerator or container shall be used as a means of disposing of garbage.
D. Premises Being Provided Services: Trailer parks and apartment complexes are considered to be businesses, owned by the landowner. A landowner is required to provide for the removal of garbage for the benefit of his tenants, unless there is a specific written agreement approved in advance by the city, between the landowner and the tenant, specifying that the removal of garbage will be the responsibility of the tenant. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
Every person, occupant, owner, or permit holder shall have the duty of maintaining the premises or equipment under his supervision and container disposal area in compliance with this chapter. Failure to carry out such duties required for the sanitary accumulation, collection, transportation or disposal of garbage shall be deemed a misdemeanor. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
No person shall deposit or cause redeposit of any refuse in any place not authorized as a disposal area, nor shall any person deposit garbage in a container of another residence or business, without the specific authorization of the owner of that residence or business. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
Violation of section 4-1-4 of this chapter may also be considered a public nuisance. After five (5) days' written notice is given to any person violating the terms of this chapter and failure to correct this said situation, the city is authorized to have the condition corrected and to assess the cost against the record title holder of the property and, if the same is not paid by the record title holder, to have the cost levied against the next annual tax assessment and collect the assessment in the same manner as real property taxes. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
Any violation of this chapter shall constitute a misdemeanor punished as set forth under section 1-4-2 of this code. (Ord. 2000-15, 1-9-2001, eff. 2-8-2001)
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