(A) General statement. The responsible party of any premises, business establishment or industry shall be responsible for the sanitary condition of the premises, business establishment or industry and for the proper storage, containment and placement for collection of all solid waste and recyclables. All solid waste and recyclables shall be stored in a manner that does not present a health or safety hazard or public nuisance, including, but not limited to the breeding of insects. No person shall place, deposit or allow to be placed or deposited on his or her premises or private property or any public street, alley or right-of-way any solid waste or recyclables except in a manner prescribed in this chapter.
(B) General requirements.
(1) All responsible parties using or occupying any dwelling unit, commercial, industrial or institutional establishment or grounds within the corporate limits of the town where solid waste and recyclables accumulate, shall contain their solid waste and recyclables in watertight and fly-tight containers.
(2) Solid waste shall be stored, collected and hauled for disposal in accordance with the State Department of Health Services and State Department of Environmental Quality Regulations.
(3) It is the container users' and responsible parties' responsibility to properly contain solid waste or recyclables generated on their premises and to keep the area around the container continuously clear and free of all debris. If the property has alley solid waste service, the term AREA includes the alley.
(4) All solid waste and recycling containers shall be maintained in a sanitary condition. Containers shall not be stored or maintained in such a manner as to constitute a nuisance, health or safety hazard.
(5) It shall be unlawful for any person not authorized by the responsible party to remove, collect or disturb the solid waste and recyclables stored in the containers or to remove from a solid waste or recycling container any solid waste or recyclables set out for collection and disposal by the town or its authorized collection services, or licensed commercial solid waste haulers. This prohibition does not apply to town employees or authorized agents of the town acting within the scope of their official duties.
(6) It shall be unlawful for any person to utilize the solid waste or recycling containers or receptacles assigned to other persons for the disposal of solid waste or recyclables without their permission. This does not apply to the automated solid waste or recycling collection system where residents share the use of common containers.
(7) The lids or covers of any solid waste and recycling containers shall at all times be kept secure in such a manner to prevent intrusion or moisture, infestation of insects and scattering of solid waste or recyclables. Covers shall be kept closed except when containers are being loaded or emptied. Each container shall be placed on or adjacent to the property of the authorized user at a location approved by the Director.
(8) Location of containers. Containers used for storage of solid waste and recyclables shall be placed as follows:
(a) Residential containers shall be located at curbside in front of the residential service unit.
(b) No container shall be placed so as to restrict egress from an exit door or beneath a fire escape. No container shall be placed under a street floor window unless the window is of fire-resistant construction.
(9) Containers placed at curbside shall be located in such a manner to not interfere with pedestrians or vehicles.
(10) All boxes, cartons and crates shall be collapsed before being placed in containers. Ashes shall be soaked with water to extinguish any live embers and contained in tied bags before placement in containers.
(11) Explosive or flammable materials of any kind shall not be placed in any solid waste recycling container.
(12) Corrosives, reactives, oxidizers, lead acid batteries or any hazardous waste shall not be disposed of in solid waste or recycling containers.
(13) Pool chemical containers shall be emptied, rinsed, drained and moisture free prior to being placed in a solid waste or recycling container.
(C) Residential user requirements.
(1) All household solid waste and grass shall be bagged and securely tied before being placed in solid waste containers. Solid waste shall be drained of all liquids and tied in waterproof bags before being placed in solid waste containers.
(2) Construction and demolition solid waste shall not be placed in a solid waste or recycling container unless generated by the owner or occupant of a residential dwelling unit. If the construction and demolition solid waste is generated by a contractor, the contractor is responsible for the removal and disposal of the solid waste. All construction and demolition solid waste shall be removed promptly and shall not be stored in any location where it may be blown or otherwise dispersed beyond the construction site. The town may, upon request from the responsible party, provide containers for the construction and demolition solid waste for a different and separate fee.
(3) It shall be unlawful to place material in any solid waste or recycling container of a volume or weight which prevents the collection vehicle from emptying the container or which damages the collection vehicle or container. Maximum weight of material placed in any 90- to 100-gallon container shall not exceed 200 pounds.
(4) It shall be unlawful for any person not authorized by the town to utilize, for other than its intended purpose, the lid from any solid waste or recycling container.
(D) Commercial user requirements.
(1) The owner or responsible party of any commercial or institutional solid waste or recycling container placed on private property or in the town right-of-way shall be responsible for maintaining the area within a 25-foot radius around the container and/or bin in a sanitary condition and prevent scattering or blowing around of materials deposited.
(2) Commercial users shall, where the volume of solid waste or recyclables accumulated cannot be conveniently handled in cans or bags, provide bins or compactor bins for containment of solid waste and/or recyclables. The bins or compactor bins shall be constructed of durable non-absorbent, noncombustible material and have suitable fly-tight and watertight covers.
(3) All commercial and institutional containers shall be placed or concealed in such a manner so as to minimize visibility from the street or public walkways.
(4) All solid waste and recycling containers shall be identifiable by indicating the owner's name and telephone number on the container and shall meet all requirements of this chapter. The container identification must be readable from a minimum distance of ten feet.
(5) Commercial users, shall, upon request of the Director, be required to show documentation of the method of collection and removal of solid waste and/or recyclables generated by the establishment.
(Prior Code, Ch. 18, Art. IV, § 18-244) (Ord. 346-04, passed 6-21-2004; Ord. 604-13, passed 12-2-2013) Penalty, see § 52.999