(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SCHEDULED TRASH PICKUP DAY. The day of the week on which the residents of the town are scheduled by the trash disposal service for removal of trash from the trash toters.
TRASH TOTER. The container supplied by the trash disposal service for residents to utilize for trash pickup, or any other container in which trash is placed within with the intent that the trash pickup service will remove and properly dispose of the trash.
(B) (1) (a) No person, firm, organization or corporation shall permit a trash toter, trash, garbage or other discarded large items to be left in plain view within ten feet of a public street or in the area designated by the town for trash pickup, except for the following time period:
1. From 4:00 p.m. on the evening prior to the scheduled trash pickup day until 4:00 p.m. on the day following the scheduled trash pick up day; and
2. Large items shall not be left at the curb more than 24 hours prior to the scheduled pickup day, which is presently the first Thursday of the month.
(b) For purposes of this division (A), the fact that a trash toter or other discarded material is found within 10 feet of a public street on real estate owned by a person, except within the designated time period, is prima facie evidence that the owner of such real estate is in violation of this section.
(2) No person, firm, organization or corporation which is a resident of the town shall leave or store a trash toter, trash, garbage or other discarded items to be left in plain view within ten feet of a public street or in the area designated by the town for trash pick up, except for the following time period: from 4:00 p.m. on the evening prior to the scheduled trash pickup day until 4:00 p.m. on the day following the scheduled trash pickup day.
(3) It is a defense to this section if the trash toter in question:
(a) Is stored within three feet of the residence; or
(b) If the trash toter is stored as far as practical from the street.
(4) This section applies to residents of the town. Specifically, it is a defense to the section if the trash toter is being utilized by the town or any other tax exempt organization for a special event which is approved by the Town Council.
(Ord. 2016-13, passed 2-6-2017) Penalty, see § 51.99