(a) Every person who uses commercial waste containers, for city or private collection services, shall maintain such containers in good mechanical condition and shall repair such containers when necessary. Except while being cleaned, the drain plugs of such containers shall be secured in the drain holes to prevent leaking.
(b) Every person who uses commercial waste containers, for city or private collection services, shall cause such containers to be emptied a minimum of once every seven days. The directors of the departments of health and environmental management, and their authorized representatives, may when necessary to safeguard the environment or the public health, safety or welfare, order users of commercial waste containers:
(1) To empty the containers more often than weekly;
(2) To increase the number of commercial waste containers on their premises; and
(3) To increase the size of the commercial waste containers used on the premises.
(c) Every person who uses commercial waste containers shall have such containers emptied as often as necessary to prevent their contents from overflowing or causing offensive odors, and shall be responsible for cleaning the interior surfaces of such containers as often as necessary to keep the surfaces free of garbage and other organic material.
(d) Every person who uses commercial waste containers for the disposal of putrescible waste or who is in control of the premises where such containers are located, shall keep all lids and doors of such containers securely closed at all times, except when being emptied or filled. All putrescible waste shall be placed in plastic bags which have been tied or otherwise secured, prior to being placed in such containers.
(e) Every person who owns or who contracts for the use of a commercial waste container, shall have the container placed on his or her premises in a position where the doors and lids will not be obstructed when being opened or closed, and where the container may be freely serviced or emptied.
(f) A person commits an offense if the person uses, maintains or places a commercial waste container in violation of this section.
(g) A person commits an offense if the person violates a written order issued pursuant to subsection (b) above.
(h) A person commits an offense if the person removes material from a commercial waste container that has been placed in such container for collection.
(i) It is an exception to an enforcement action brought for a violation of subsection (h) above that the person owned or leased the container, or was the collection contractor responsible for emptying it.
(j) A peace officer acting in his or her official capacity is exempt from subsection (h) above.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 14699, § 1, passed 7-17-2001)