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§ 51.02 PREPARATION OF REFUSE.
   (A)   All refuse shall be drained free of liquids before disposal.
   (B)   Garbage shall be wrapped in paper or similar material.
   (C)   All cans, bottles, or other food containers shall be rinsed free of food particles and drained before disposal.
   (D)   Rubbish shall be either placed in approved containers, or cut and baled, tied, bundled, stacked, or packaged so as not to exceed 36 inches in length and 50 pounds in weight.
('76 Code, § 80.02) (Am. Ord. 1716-2016, passed 4-12-16)
§ 51.03 CONTAINERS.
   (A)   Refuse containers shall be made of durable, water-tight, rust-resistant material having a close-fitting lid and handles to facilitate collection or if plastic bags are used, they shall be of heavy duty construction and securely tied.
   (B)   Refuse containers for residence shall be of not less than ten gallons, nor more than 32 gallons in capacity. Containers for commercial establishments shall not exceed 40 gallons in capacity.
   (C)   It shall be unlawful to permit the accumulation or residue of liquids, solids, or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
   (D)   Paper or wooden boxes may be used as containers for rubbish, provided such boxes when filled do not exceed 32 pounds in weight. Large stones and hot ashes will not be collected.
   (E)   Large containers to be handled by special equipment may be used if the contract collector has equipment to handle such containers. The containers must have tight lids, and be placed on the premises where the collector has ready access.
   (F)   The approved waste collection cart issued by the company or entity awarded the city's solid waste and recycling collection franchise shall be used as the primary receptacle for a resident's solid waste refuse and recycling material, unless a medical or disability condition exists that would prevent the resident from using the approved collection cart. Other trash receptacles may be used by residents as a secondary or backup solid waste container.
('76 Code, § 80.03) (Am. Ord. 1716-2016, passed 4-12-16) Penalty, see § 51.99 
§ 51.04 STORAGE OF REFUSE.
   (A)   Each householder, commercial establishment, or person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein.
   (B)   Containers shall not be placed on the street right-of-way prior to 6:00 p.m., local time, on the day before scheduled collections, and shall be removed to the rear of the premises, or the side yard if adequately screened from view, before 9:30 a.m., local time, the day following scheduled collections.
   (C)   It shall be unlawful to place refuse in any street, alley, stream, body of water, or any other public place, or upon private property, whether owned or not, unless the refuse is placed in an approved container.
('76 Code, § 80.04) Penalty, see § 51.99  
§ 51.05 COLLECTION PRACTICES.
   (A)   For the purpose of collection, refuse containers shall be placed at ground level, and be made readily accessible to the collector. They shall be on the side of street from which collection is to be made.
   (B)   Notwithstanding the provisions of division (A) above, householders, commercial establishments, or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
   (C)   Hotels, restaurants, institutions, and commercial establishments within the city are required to obtain waste collection service and may be required to have more frequent collection, if determined by the City Council to be essential to protect the public health.
('76 Code, § 80.05) (Am. Ord. 1716-2016, passed 4-12-16; Am. Ord. 1747-2018, passed 3-13-18)
§ 51.06 LICENSING OF COLLECTORS.
   (A)   No person shall collect, remove, haul, or convey any refuse through or upon any of the streets or alleys of the city, or dispose of the same in any manner or place without obtaining a license from the city.
   (B)   Every person who shall apply for a license under this section shall state the type of refuse to be collected, the manner of collection, and the place and method of disposal.
('76 Code, § 80.06) (Am. Ord. 1716-2016, passed 4-12-16) Penalty, see § 51.99
§ 51.07 COLLECTION VEHICLES.
   All vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space.
('76 Code, § 80.07) (Am. Ord. 1716-2016, passed 4-12-16) Penalty, see § 51.99
§ 51.08 SOLID WASTE AND RECYCLING COLLECTION FEE.
   (A)   (1)   There is hereby established and levied upon all real estate in the city upon which there is constructed a residential structure or upon which there is placed a mobile home and upon the owners thereof, jointly and severally, an annual residential solid waste and recycling collection fee in the amount equal to the total cost of the waste collection contract divided by eligible residential units as of July 1 of that year for each residential unit per year, effective July 1, 2013. This amount shall be prepared annually by the City Administrator or Finance Officer/Treasurer, and submitted to Council for approval. This amount may be billed to applicable property owners in monthly or quarterly installments. In lieu of this process, but still requiring solid waste collection from each residential unit, the city may choose to adopt the monthly or yearly fee set forth in the franchise agreement between Elsmere and the designated solid waste collection entity, and require the solid waste collection entity to bill the amount directly to applicable residential property owner(s). Residential property owners or their designee shall be required to pay the monthly or yearly cost billed by the solid waste collection entity for solid waste and recycling collection.
      (2)   Each unit of a multiple unit dwelling and each mobile home shall constitute a residential unit, and each shall be subject to the residential solid waste and recycling collection fee. At the City of Elsmere’s sole discretion, the residential garbage fee may be collected by the city’s solid waste and recycling collection franchisee. The franchisee is authorized to initiate reasonable collection procedures to collect any delinquent fees owed to it by city property owners.
   (B)   If said fee is not collected by the city’s solid waste and recycling collection franchisee, the residential garbage collection fee shall be due and payable to the city on the first day of October of each calendar year at the office of the City Clerk, and shall be delinquent on the first day of December thereafter. If not paid by December 1 of each calendar year, there shall be added a penalty of 10%, plus interest thereon at the rate of 8.5% per annum from the date of delinquency until paid, plus the cost of collection, including court costs and attorney's fees.
   (C)   If applicable, all proceeds of the residential garbage collection fee collected by the City of Elsmere shall be paid into the General Fund.
('76 Code, § 30.03) (Ord. 1023-1973, passed - - ; Am. Ord. 1265-1986, passed 8-1-86; Am. Ord. 1331-1990, passed 9-11-90; Am. Ord. 1375-1993, passed 5-11-93; Am. Ord. 1438-1997, passed 9-23-97; Am. Ord. 1500-2002, passed 9-10-02; Am. Ord. 1561-2006, passed 9-12- 06; Am. Ord. 1579-2008, passed 3-25-08; Am. Ord. 1593-2009, passed 5-26-09; Am. Ord. 1628-2011, passed 9-27-11; Am. Ord. 1630-2011, passed 10-25-11; Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716- 2016, passed 4-12-16)
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