§ 92.031 VIOLATIONS CONCERNING GARBAGE, DEBRIS AND RUBBISH.
   The following shall be deemed a violation of this subchapter:
   (A)   The placing or permitting to remain anywhere in the city any garbage or other material subject to decay for more than 96 consecutive hours, except in a tightly-covered metal or plastic container or as part of a compost operation;
   (B)   Causing or permitting to accumulate any trash, ashes or dust, or any material that can be blown away by the wind or other climatic disturbances other than in a covered container;
   (C)   Depositing or permitting to fall from any vehicle any garbage, rubbish, debris on any public street or highway in the city;
   (D)   The hauling of garbage in any type vehicle other than a packer-type garbage truck approved by the Code Official or the County Solid Waste Officer;
   (E)   The disposal of garbage, debris or rubbish, by the dumping of same on any premises in the city, with or without the consent of the owner or possessor of the premises, or the permitting by the owner or possessor of any premises in the city to dump or permit the dumping of garbage, debris and rubbish on his or her property. The provisions of this division (E) apply to all garbage, debris or rubbish, except leaves or other appropriate material disposed of in accordance with accepted practices for composting;
   (F)   Failure to dispose of all garbage, debris and rubbish at least one time per week, except for materials in an acceptable compost operation as stated elsewhere in this chapter;
   (G)   Failure to dispose of any dead animals, fowl and reptiles within six hours after discovery of same by the owner or possessor of the premises;
   (H)   Failure to dispose of all garbage, debris and rubbish by any of the following methods:
      (1)   Pickup and collection by sanitation companies, who possess a valid business license;
      (2)   Dumping in an approved sanitary landfill;
      (3)   Collection by the city, this method shall apply only to the collection of certain rubbish materials deemed to be offered as a public service by the city;
      (4)   Composting; or
      (5)   Burning, as hereinafter set out.
   (I)   (1)   Burning.
         (a)   It shall be a nuisance to burn garbage anywhere in the city.
         (b)   It shall be a nuisance to burn debris or rubbish anywhere in the city, except in an approved incinerator.
         (c)   The burning of wood, tree branches and yard trimmings shall be permitted with the following conditions.
            1.   The location must be approved by the Fire Chief or his or her appointee and a permit issued, if required.
            2.   The fire shall not be closer than 50 feet from any structure and shall be monitored by an adult with adequate extinguishing agent at hand.
            3.   The burning materials shall be completely extinguished prior to abandonment.
      (2)   Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires will be allowed; provided that, prior approval is given by the Fire Chief or his or her designee in each instance.
      (3)   The Fire Chief or his or her designee may prohibit any and all burning when atmospheric conditions or local circumstances make fires hazardous or which are or could be offensive or objectionable due to smoke or odor emissions. The Fire Chief or his or her designee shall order the extinguishment by the permit holder or the Fire Department of any fire which creates or adds to a hazardous or objectionable situation.
(Prior Code, § 92.026) (Ord. 37, passed 11-4-1991; Ord. 11-2019, passed 5-20-2019)
Cross-reference:
   Fire Prevention, see §§ 93.01 through 93.05