(a) General. It shall be the duty of every occupant of any residence or duplex to provide a sufficient number of solid waste containers at the place designated by the director of sanitation for collection of municipal solid waste from the particular premises and to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers or wedging the contents in the container by compaction.
(1) All containers must conform to the requirements of Section 18-3(a).
(2) A person commits an offense if he collects dry or wet solid waste, including salvageable newspaper or any other recyclable material, from a residence or duplex. It is a defense to prosecution under this paragraph that the person was:
(A) the owner or occupant of the residence or duplex;
(B) employed or under contract with the city to provide solid waste collection services to the residence or duplex and was in the performance of official duties;
(C) a charitable organization that gathers clothes, salvageable newspapers, or other recyclable material;
(D) hauling away brush, bulky trash, or yard trash from the residence or duplex as a service that was incidental to a maintenance, delivery, lawn, or home improvement service being provided by the person to the residence or duplex; or
(E) providing recycling services to the premises pursuant to a written agreement with the owner or occupant of the residence or duplex and was collecting only recyclable materials that were composed solely of one or more of the following:
(i) newspapers, magazines, catalogs, telephone books, corrugated cardboard, scrap paper, office paper, or junk mail; or
(ii) empty and rinsed aluminum, steel, glass, or recyclable plastic containers that were only used for the storage or processing of consumable food or beverage products, medications, or ordinary household detergents or soaps and that were never used to store or process any hazardous material or hazardous waste.
(3) The city may, through the competitive bid process, contract with a private solid waste collection service, which is franchised in accordance with Article IV of this chapter, to provide solid waste collection, including the collection of recyclable materials, for specific areas designated by the director of sanitation.
(b) Placement of containers for alley collection service. Except as may be otherwise authorized by the director of sanitation, it shall be unlawful for any person to place any container within any alley within the city. If a fence separates the alley from the lot where the container is located, the container must be placed outside the fence in a manner that protects the container from overturn or spillage and does not interfere with solid waste collection service in the alley. A container may not be placed in a rack, and any rack on the premises may not extend into the alley or interfere with solid waste collection service in the alley.
(c) Placement of garbage or recycling containers for curb collection service. Where a residence or duplex is designated by the director of sanitation to be provided with curb collection service, each container must be placed just behind the curbline of the street abutting such property, but may not be placed in the street, on the sidewalk, or in any manner where the container will interfere with vehicular or pedestrian traffic or with solid waste collection service.
(1) Where garbage or recyclable materials are collected from the street curbline adjacent to the property, a container must be placed there no earlier than 6:00 p.m. of the afternoon preceding the collection day and must be removed to a point at the side or rear of the structure not later than 8:00 a.m. of the day following collection.
(2) A container must be placed in a manner that protects it from overturn and spillage.
(3) A container may not be placed in a rack, and any rack on the premises may not extend into the street or sidewalk or interfere with solid waste collection service.
(d) Placement of garbage and recycling containers for packout or drive-in collection service. Garbage containers and recycling containers must be placed at locations and under such conditions approved by the director of sanitation for packout or drive-in collection service by the sanitation services of the city.
(e) Placement of brush and bulky trash. Brush and bulky trash must be placed just behind the curb line of the street abutting the property from which the brush and trash originated, or as otherwise designated by the director of sanitation, but must not be placed:
(1) in the street, on the sidewalk, or in any manner that will interfere with vehicular or pedestrian traffic or with solid waste collection service;
(2) out for collection earlier than the Thursday preceding the collection week or later than 7:00 a.m. on the Monday of the collection week;
(3) within five feet from a rollcart, mailbox, fence or wall, water meter, telephone connection box, or parked cars;
(4) under low hanging tree limbs or power lines;
(5) in an alley either paved or unpaved; or
(6) in front of a vacant lot or business.
(f) Allowable quantity of brush and bulky trash.
(1) The quantity of brush and bulky trash set out during a collection week may not exceed 10 cubic yards, unless the service unit has designated their monthly collection as their one time per year oversized collection.
(2) Limits may be temporarily lifted at the discretion of the director of sanitation for matters concerning public health and safety.
(g) Oversized brush and bulky trash collection.
(1) In general. The occupant of a residence or duplex may request one oversized brush and bulky trash collection per year to occur during one of their normal collection months. This oversized collection will take the place of one of the 12 monthly brush and bulky trash collections.
(2) Dimensions. An oversized collection may not exceed 20 cubic yards or consist of more than 10 cubic yards of bulky trash.
(3) Request. An occupant of a residence or duplex must submit, either online or by phone, an oversized collection service request through the city's 311 services requests systems before the beginning of an occupant's normally scheduled collection week in order to avoid an excessive volume service fee.
(4) Fee. Where the quantity of the oversized brush and bulky trash set out for collection exceeds 20 cubic yards, the set out may be collected and a fee will be assessed on the dwelling unit's water bill pursuant to a fee schedule that will be adopted in the 2019-2020 fee ordinance.
(h) Excessive and non-compliant brush and bulky trash service fees.
(1) Excessive brush and bulky trash service fees. Where the quantity of brush and bulky trash set out for collection exceeds 10 cubic yards and a request for an oversized brush and bulky trash collection was not submitted, the set out may be collected and a fee will be assessed on the dwelling unit's water bill. The fee will be assessed at a rate of $60 per five cubic yards, billed in five cubic yard increments.
(2) Non-compliant brush and bulky trash service fees. A dwelling unit is subject to a service charge for a collection of a non-compliant brush and bulky trash set out which contains excluded items as defined in Section 18-2(3), that are with or on top of the set out, or if such items are placed so close to the set out pile that the items cannot reasonably be removed from the pile to be collected. A service charge will be placed on the dwelling unit's water bill. The fee will be assessed at a rate of $60 per five cubic yards, billed in five cubic yard increments.