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SEC. 6-3-4 RECEPTACLES.
   (A)   All property owners, landlords or tenants of residential dwellings shall provide receptacles for all residential garbage, refuse and recyclables for removal by the city.
   (B)   Residential garbage, refuse and recyclables shall be stored in containers of not more than 32 gallons and not less than 20 gallons in nominal capacity. Containers shall be leakproof and fitted with a secure lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be made of galvanized metal or heavy duty plastic of a type originally manufactured for residential solid waste, and shall be of light weight and sturdy construction. Receptacles shall be above ground, visible and located where a two-wheeled refuse cart can gain access as determined by the Public Works Director or designee. Specifically designed containers for recyclables can be used as approved by the Public Works Director. Garbage, refuse and recyclable containers shall not be located behind closed fences, inside closed structures, under carports, on porches, or in any other inaccessible location.
   (C)   Each household may have up to three garbage containers for once a week pickup. Each household may have up to three containers for recyclables for once a week pickup. Recycling containers shall be labeled with a city recycling decal that is attached to the container in a visible location.
   (D)   In lieu of providing the receptacles described in subsection (B) above, the occupant of any residential dwelling unit may elect to use a roll-out cart for garbage and/or recyclables. If a roll-out cart for garbage is used under the election provided by this subsection, the cart must be purchased from the Public Works Department except that the occupant of a residential dwelling unit may use a cart purchased from a vendor other than the Public Works Department if the occupant has elected to use a rollout cart for garbage and/or recyclables and the cart utilized by the resident was approved for use at the resident’s dwelling unit by the Director of Public Works or designee on or before July 1, 2010. When roll-out carts are used for garbage, they must be rolled out to the curb before 6:00 a.m. on the day designated for garbage collection service. When roll-out carts are used for garbage the occupant of the residential unit may use containers described in subsection (B) above for recyclables, provided the recyclable containers are brought to the curb before 6:00 a.m. on the day designated for recyclable collection service. Employees of the Public Works Department will neither roll nor relocate roll-out carts or recycling receptacles from any location on the property to the curb. Public Works employees will leave all emptied carts or curbside recyclable receptacles at or near the front yard property line.
   (E)   No person shall place receptacles for residential garbage, refuse or recyclables for removal by the city at curbside of a residential dwelling any earlier than dusk on the evening prior to scheduled collection. No later than daybreak of the day following scheduled collection, and at all times when not placed at the curb side for collection in accordance with the provisions of this subsection, receptacles must be removed from curbside and placed on a location on the residential property which is outside of the street right-of-way or easement and which is not located in the front yard of the property of the residential dwelling. For the purpose of this subsection, the “front yard” shall mean a yard extending across the full length of a lot from side lot line to side lot line and lying between the abutting street right-of-way or easement line and the building line. There is a front yard between each street which a property abuts and the residential dwelling located upon the property.
   (F)   Any person, firm or corporation violating this section shall be liable for a civil penalty in the amount of $50 for any violation, except that the Public Works Director is authorized to issue one warning prior to issuing a civil citation. Each day’s continuing violation shall be a separate and distinct offense. The Public Works Director and the City Attorney are authorized to pursue collection and enforcement of civil penalties through the courts of North Carolina.
(Ord. No. 1255, §§ 1, 2, passed 3-10-1983; Ord. No. 2685, § 4, passed 7-8-1993; Ord. No. 95-20, §§ 1, 2, passed 2-9-1995; Ord. No. 08-72, § 3, passed 6-12-2008; Ord. No. 10-38, § 1, passed 4-8-10)