(a) Garbage Pickup. All garbage or refuse shall be placed for collection at the curb not earlier than twenty-four hours prior to the time of scheduled pickup. Whenever a holiday falls on a Monday through Thursday, the regular scheduled collection shall be one day late.
(b) Notice of Violation. Whenever subsection (a) hereof has been violated by placement of refuse for collection earlier than twenty-four hours prior to the time of scheduled pickup the Service Director shall comply with the following procedure:
(1) On the first occasion of a violation the Service Director shall issue a written Warning notice to the property owner advising that further violations shall be subject to a citation and potential monetary fine up to two hundred and fifty dollars ($250.00).
(2) On the second occasion of a violation by the same property owner, the Director shall issue a second notice of violation warning the property owner that any further violations will automatically be referred to the Police Department for the issuance of a citation to appear in court for such violation.
(3) On a third occasion of a violation by the same property owner within a two year period, the Director shall forward to the Police Department the evidence of the two prior notices and request a citation to court for violation of this section be issued to the property owner.
(c) Penalty. Whoever violates any provision of subsection (a) and (b) shall be guilty of a fourth degree misdemeanor and subject to a fine not to exceed two hundred fifty dollars ($250.00) and a jail term of not more than thirty days. Each day such violation continues shall constitute a separate offense. (Ord. 7200-02. Passed 1-28-02.)