§ 53.07 ACCUMULATION OF SOLID WASTE.
   The following rules and regulations shall govern the accumulation of solid waste in the city:
   (A)   Regular containers.
      (1)   It shall be the duty of owners, tenants, or persons in charge of every dwelling, store, commercial building, health care facility, manufacturing establishment, private and governmental office building and all other persons in the city generating, producing or accumulating solid waste to place or cause to be placed all waste solid waste accumulating on the premises in containers of sufficient size and quantity to properly hold all solid waste generated at that location during the period of time between scheduled collections. Containers shall be of non-rusting, watertight metal, or rigid plastic, of a substantial construction with tight-fitting covers sufficient to keep out water, prevent disturbance by animals and the entrance of insects. The containers shall be equipped with suitable handles by which they may be lifted, shall be of such size as to be easily handled by one sanitation worker, and shall not have a capacity of more than thirty-five (35) gallons and not exceeding a total weight of forty (40) pounds when placed for collection. Any collection of solid waste that does not comply with the requirements of this section shall be collected only after prior approval of the Superintendent.
      (2)   Plastic bags tightly tied and of sufficient strength and durability to contain without spillage solid waste not exceeding a total weight of forty (40) pounds may be used in place of covered containers; provided that the Superintendent shall upon prior notice require the use of regular covered containers in the event that animals have on any occasion broken into plastic bags placed for collection at any location, street or neighborhood within the city.
   (B)   Bulk containers. It shall be the duty of owners, tenants, or persons in charge of every dwelling, store, commercial building, health care facility, manufacturing establishment, private and governmental office building, or other location in the city to provide a bulk container for the storage or holding of solid waste which cannot reasonably be held or stored by regular containers identified in subsection (A) above between regularly scheduled pickups. Permitted under this section are containers commonly known as "dumpsters" or containers with similar design. Bulk containers shall not be used by more than one dwelling, store, manufacturing establishment, office building, or other location without the prior written consent of the Superintendent. Any collection of solid waste that does not comply with the requirements of this section shall be collected only after prior approval of the Superintendent.
   (C)   Containers maintained in good condition. Containers, whether bulk or regular, shall be maintained in good condition. Any garbage container that does not conform to the provision of this subchapter, or which has ragged or sharp edges or any other defects which may hamper or injure the sanitation worker collecting the contents thereof must be promptly replaced by a proper container upon written notice from the city. If the containers are not replaced within ten (10) days after delivery of the written notice, the nonconforming or defective containers may be collected and disposed of by order of the Superintendent.
   (D)   Location of containers for collection. Solid waste in the required containers shall be set out on collection days at such places as shall be in accordance with regulations published by the Superintendent. Containers placed on the sidewalk shall be promptly removed therefrom after they have been emptied.
   (E)   Scattering of solid waste prohibited. No person shall throw, place or discard solid waste, garbage or other refuse in any street or other public place or on any public or private property except in proper waste containers. No person shall upset or turn the contents of any solid waste container on any street, sidewalk, alley, or other public place.
   (F)   Removal of solid waste from containers. No person, other than the city collection service, shall remove any solid waste from any container which has been set out for collection without the consent of the occupant, owner, or manager of the premises, unless specifically authorized in writing to do so by the Superintendent.
(Ord. 5-91-1, passed 5-20-91)