521.14  DUMPSTERS.
   (a)   Use and Approval.
      (1)   Dumpsters may be used as collection receptacles for refuse and garbage within the City limits.
      (2)   Commercial dumpsters are required on all multi-family residential property (three or more apartments).
      (3)   No person shall hereafter cause a dumpster to be put into use on his residence, business premises, enterprise or establishment without first securing approval of the proposed use and specifications from the City Health Department and/or the Zoning Department.
   (b)   Compliance with Specifications.  Dumpsters used for the storage of rubbish and garbage shall meet all of the following specifications:
      (1)   Dumpsters shall be watertight.
      (2)   Dumpsters shall be made of suitable material approved by the City Health Department.
      (3)   Dumpsters being placed for the first time upon a given premises shall be new or cleaned thoroughly and in good repair.
      (4)   Dumpsters serving residential dwelling units shall have, as a minimum capacity, six cubic feet of space per dwelling unit served thereby.
      (5)   Dumpsters being placed for the first time upon a given premises shall be placed upon a concrete slab.  Dumpsters that are currently located upon a blacktop, asphalt or macadam surface are not required to be placed upon a concrete slab, provided that the blacktop, asphalt or macadam surface supporting the dumpster is in good condition.  However, any dumpster that is located on a blacktop, asphalt or macadam surface shall be relocated to a concrete slab at such time as the blacktop, asphalt or macadam surface supporting the dumpsters deteriorates to the point of requiring resurfacing.  At such point, the dumpster shall be placed upon a concrete slab.  Such concrete slab shall be approved by the Zoning Inspector.
      (6)   A solid board fence or other obscuring wall of sufficient height to shield the dumpster on three sides from the public view shall be constructed.  Existing dumpsters shall meet the provisions of this subsection within six months after the effective date of this section.
      (7)   Dumpsters shall be constructed and maintained with lids and/or doors which are capable of being completely closed.
      (8)   Except when rubbish and garbage is being loaded into or emptied out of the dumpster, the lids and doors shall be kept closed and fastened shut with a latch or similar mechanism.
      (9)   Dumpsters being placed upon streets for the removal of demolition, building or remodeling debris shall remain upon the street for no more than five days from date of placement thereon, including Saturdays, Sundays and holidays.  Such dumpsters shall be exempt from the requirements set forth in subsections (b)(1) through (8) hereof, however, said use must be approved by the Safety Service Director.
      (10)   Dumpsters shall be placed in a location accessible to the pick-up truck which empties the dumpster, such that the pick-up truck shall not be forced to drive over any street curb in order to service the dumpster.
   (c)   Care and Maintenance.
      (1)   Dumpsters shall be maintained in good repair and shall be of a size sufficient to contain the accumulation of trash therein.  No garbage or trash shall be permitted to accumulate in the area surrounding the dumpster.
      (2)   All dumpsters shall be maintained in a reasonably clean manner.
      (3)   It shall be the duty of the owner of the residence, business, enterprise or establishment upon whose premises the dumpster is maintained to insure that the dumpster is emptied on a regular basis.
      (4)   It shall be the duty of the owner of the residence, business, enterprise or establishment upon whose premises the dumpster is maintained to insure that the dumpster is maintained to establish a fly and rodent control program as required by the City Board of Health.
   (d)   Placement Behind Rear Building Line.
      (1)   No property owner, occupant or other individual, person, corporation or other entity shall cause or allow any refuse receptacle to be stored, used, maintained or otherwise placed in any area within the City other than an area behind the rear building line of the structure located on the lot or parcel of land on which such refuse receptacle is situated.  Placement of dumpsters must also comply with any side yard, front yard set backs, and shall not hinder any right of way.  Existing refuse receptacles shall meet the provisions of this subsection within six months following the effective date of this ordinance.
      (2)   If the placement of the refuse receptacle behind the rear building line as required is physically impossible, the property owner or occupant or other individual, person, corporation or other entity, shall have a right to appeal to the Girard Board of Zoning Appeals in writing no later than ten days from receipt of any notice or citation.
   (e)   Penalty.  Whoever violates any provision of this chapter is guilty of a fourth degree misdemeanor and shall be fined not more than two hundred and fifty dollars ($250.00) and/or thirty days in jail.  A separate offense shall be deemed committed each day during or on which a violation occurs or continues.  (Ord.  7052-99.  Passed 9-13-99.)