937.02 STORAGE OF SOLID WASTE; PLACEMENT AND TYPES OF CONTAINERS; AND DISPOSAL.
   (a)   Storage. In anticipation of collection and removal, unless stored indoors, all solid waste shall be stored in a rigid non-disposable dumpster, can or receptacle, which dumpster, can or receptacle shall be constructed of plastic, metal or other durable material; shall hold a capacity of at least 35 gallons; and which shall be at all times properly fitted with a tight-fitting lid.
   If prior to collection and removal solid waste shall be stored in a dumpster, the following additional requirements shall be at all times satisfied:
      (1)   Such dumpster shall be constructed of durable metal with water tight seams and shall be fitted with a tight fitting lid;
      (2)   Each such dumpster shall bear the following legends or information which shall be applied in a conspicuous, readily observable location and the lettering of which shall be at least 3" high and made of reflective material:
         A.   The contractor’s name and telephone number;
         B.   “KEEP COVER CLOSED BY ORDER OF HEALTH OFFICE”;
         C.   A unique number for identification purposes; and
         D.   Reflective tape or reflective indicators on each and every corner.
      (3)   Each such dumpster shall be kept well painted, in good repair and clean. Units holding wet refuse shall be cleaned and sanitized as deemed necessary by the City of Fairmont or the code enforcement officer; provided, however, that any such dumpster shall be cleaned and sanitized at least twice per year. All such sanitization shall be at a location approved by the City of Fairmont by steam cleaning or other process which shall be approved by the City of Fairmont.
   (b)   Placement of Receptacle for Storage. All cans, receptacles and dumpsters utilized for the outdoor storage of solid waste shall be placed or located in accordance with the following provisions:
      (1)   Cans/receptacles. Any can or receptacle, excluding a dumpster, utilized for the outdoor storage of solid waste shall be placed or located in the side or rear yard of the structure which it services and in as close proximity to the structure as is possible. All such cans or receptacles shall be placed in such a manner or position so as not to be visible from the front yard. If due to the contour of the land or the proximity of adjacent structures, it shall be impossible to place the can or receptacle in the manner aforesaid, such can or receptacle shall be screened in such a manner with live evergreen plantings or as otherwise as pre-approved by the City of Fairmont so as to block its visibility from a street view of the front yard or front facade of the structure.
      (2)   Dumpster. Any person, firm or corporation who desires or is required to have a dumpster for the storage of solid waste located upon any real estate within the corporate limits of the City of Fairmont shall make application to the City of Fairmont for a permit seeking approval for the location of such dumpster.
   The application shall be in the form and the manner prescribed by the City of Fairmont and shall be presented to the City of Fairmont Planning Department at least ten working days prior to the intended or proposed date of placement
   The applicant shall pay a filing fee of ten dollars ($10.00) at the time the application is submitted to the City of Fairmont Planning Department.
   The City of Fairmont shall have the authority to determine the number and size of dumpsters necessary and where such dumpsters are to be placed upon the premises for storage and collection of solid waste and the City shall, within five working days of the application, make such determination and, if appropriate, issue a permit for said dumpster or dumpsters taking into consideration, among other things, the following:
         A.   Contour or lay of the land;
         B.   Proximity to other structures;
         C.   Size of the front, rear and side yards;
         D.   Convenience and accessibility to user(s) of such dumpster;
         E.   Number of users of such dumpster;
         F.   Size and number of dumpster;
         G.   Convenience and accessibility to collection crews;
         H.   Pedestrian and vehicular traffic;
         I.   Hazards and general characteristics of the area; and
         J.   Need for evergreen plantings or other screening.
   (c)   Disposal. On the days specified for collection in a given area all solid waste shall be positioned at curbside, except and unless prior arrangements have been made for back door or special pick up, which arrangements shall be made on an as needed basis only to be determined by the City Manager and the contractor employed by the City for collecting solid waste.
      (1)   No solid waste, can or receptacle shall be placed, caused to be placed or permitted to be placed, or permitted to remain at curbside, earlier than dusk on the day prior to the scheduled day for collection and the same shall be removed by dusk on the day scheduled for collection.
      (2)   For single family owner occupied residential structures, solid waste may be placed at curbside for pick up in plastic garbage bags. Any such bag shall be sufficiently strong for the purpose intended and free from objectionable tears or leakage. All such bags must be securely tied to prevent spillage.
      (3)   For any and all other residential structures, unless a dumpster is mandated by the provisions of this Code hereinafter set forth, all solid waste shall be placed at such curbside for pick up in rigid non-disposable cans or receptacles, which shall be constructed of plastic, metal or other durable material; shall hold a capacity of at least 35 gallons; and which shall be at all times properly fitted with a tight-fitting lid. It shall be the responsibility of the owner of any such residential structure to supply and maintain at all times of occupation at least two such cans or receptacles for each single family dwelling and at least two such cans or receptacles for each unit located within a multiple residential structure; provided, however, that a dumpster or dumpsters located or placed in accordance with subsection (b)(2) hereof shall be mandatory for any multiple residential structure having four (4) or more individual units.
         (Ord. 1163. Passed 5-22-01.)