A. No person, firm or corporation may deposit, or cause to be deposited, in or on any street, alley, or sidewalk area any filth, garbage, ashes, rubbish, sweepings, paper, trash, leaves, or any other such waste materials; nor may any of the foregoing materials other than ashes, soil, leaves, refuse from building materials such as plaster, brick, etc., or other suitable nonoffensive materials, be placed or dumped on any lot within the city.
B. It is unlawful to place upon the sidewalk area, alleys or streets any sweepings or trash from stores or other buildings, or any leaves, yard cleanings, debris from pruning or other refuse materials. (Prior code § 9-11)
C. In areas where containers are provided by the city and pick up of garbage is curbside service only, residents shall not place the containers or plastic bags on the curb earlier than four o'clock (4:00) P.M. on the day immediately before the day designated for pick up and shall remove the containers from the curb no later than twelve o'clock (12:00) noon on the day immediately following the day designated for pick up. (Ord. 1660, 10-23-2007)
D. A civilian volunteer enforcement unit may be established by the chief of police for enforcement of this section providing:
1. Each volunteer is required to participate in and complete a training program of no less than two (2) hours in length;
2. Each volunteer is assigned an identification number and provided with official identification and equipment to assist volunteers in the conduct of their duties;
3. Uniform procedures are to be established for volunteers to follow in determining whether a violation has occurred;
4. Uniform procedures are to be established for reporting violations, including the identification number of the volunteer;
5. Photographs are taken for each citation written;
6. Only police department personnel are authorized to process or contract for processing of all film or digital media submitted by volunteers;
7. All photographs evidencing a violation are required to be available for inspection in any proceeding to adjudicate the liability for such violation;
8. A certificate, sworn to or affirmed by a police department employee, based upon the inspection of photographs produced from film or digital media submitted by volunteers, shall be prima facie evidence of the facts contained therein;
9. In all instances where there is a violation relating to placement of trash carts, sentinels will complete a standardized affidavit reflecting date, time, and location of violation. Affidavit will be attached to citation and be signed by sentinel; and
10. All such photographs are prohibited for use for any other purpose than as evidence of a violation.
E. A notice of violation shall be sent by first class mail to each person alleged to be liable as an owner or occupant for a violation of a garbage or refuse law or ordinance. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.
1. A notice of violation shall reference the law which was allegedly violated, and shall contain the name and address of the person alleged to be liable as an owner or occupant for a violation of a garbage or refuse law or ordinance, the location where such violation took place, the date and time of such violation, and the identification number of the volunteer who recorded the violation.
2. A notice of violation shall contain information advising the person charged of the manner and time in which he or she may contest the violation alleged in the notice, and shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
F. Any person who violates this section, either wilfully or through failure to exercise due care and control, is subject to the penalties prescribed in this chapter.
G. Upon conviction of provisions of this section, the police department shall have the authority:
1. To dedicate not less than twelve and one-half percent (121/2%) of any fine that resulted from citations or for violations of the garbage or refuse regulations to be deposited in a special dedicated fund to be used by the city of Duncan for the sole purpose of establishing, maintaining and perpetuating a citizen volunteer violation unit. (Ord. 1657, 10-9-2007)