(A) Use of city provided solid waste containers and container sites. Solid waste receptacles are maintained at numerous sites throughout the city for the convenience of city residents. Solid wastes may be deposited in the solid waste receptacles only in accordance with the provisions of this chapter. All solid wastes shall be deposited inside the receptacle; no solid waste may be left at the disposal site outside the receptacle. The city may use the name of persons found on letters, magazines, correspondence, and the like, as evidence to determine the responsible party for waste left at the disposal site outside the receptacle.
(B) Authority of the city to regu1ate use.
(1) The solid waste containers are financed by revenues generated within and/or allocated expressly to the city. Accordingly, it shall be unlawful for any person to deposit solid waste into said containers unless said solid waste is generated on property located within the boundaries of the city.
(2) Due to the diverse sources and composition of solid waste generated on property located within the boundaries of the City and the specific characteristics of each, the City shall possess the authority to restrict the use of solid waste containers to certain persons within the City on the basis of source and/or composition as specified in § 51.10 of this chapter. In no event, however, shall any person who is otherwise in compliance with the provisions of the ordinance, and any other applicable regulations, be arbitrarily or capriciously denied the right to use said containers.
(C) Placement of solid waste materials in containers. Solid waste material shall be placed directly into a solid waste container. Unacceptable solid waste material as provided in this chapter shall be placed neither within a solid waste container nor at any other point on the container site. All acceptable solid waste materials which are dropped either prior to or following the act of placement of material into a solid waste container shall be retrieved and placed into a solid waste container. In the event that acceptable solid waste materials fall from a container due to the container having reached capacity, such -material shall be cleaned from the site and removed from the premises. It shall be the explicit responsibility of the person utilizing the solid waste containers and/or container sites to ensure that these provisions are carried out. A violation of this section shall be punishable according to the provisions of § 51.99.
(D) Bagging and binding solid waste. To the maximum extent possible, solid waste material placed into a container should be bagged or otherwise bound in order to prevent blowing or scattering of such material.
(E) Standards for use of container site. It shall be unlawful for any person to perform any of the following acts:
(1) Intentionally defile, deface, destroy or otherwise vandalize or abuse solid waste containers, container sites, or any other equipment or facilities located at the container site;
(2) Loiter and/or congregate on any container site;
(3) Leave a vehicle unattended on any container site. Any vehicle left so unattended shall be towed away at the owner’s expense;
(4) Set or cause to set any fire in a solid waste container or at a container site;
(5) Remove any item from a solid waste container, excepting unacceptable materials;
(6) Climb on, around, or inside of any solid waste container;
(7) Move a solid waste container from its assigned location; or
(8) Open bags or other bindings which contain solid waste material either inside a container or at a container site.
(F) Restrictions by source of solid waste. The materials deposited into City provided solid waste containers shall be limited to customary items of household solid waste which otherwise comply with the provisions of this chapter and any other applicable regulations. Such containers shall not be utilized by persons engaged in the collection of solid wastes from commercial campgrounds, hotels, motels and other forms of short-term living accommodations. In no event, however, shall this restriction be construed to deny the use of such containers to non-permanent residents of the City provided that such persons are otherwise in compliance with the provisions of this chapter and any other applicable regulations.
(G) Restrictions by composition of solid waste. The following materials are unacceptable and it shall be unlawful for any person to place into a solid waste container provided by the city, any of the following items: animal waste, chemicals, concrete, cement, lumber, bricks, blocks or other construction/demolition materials, dead animals, explosives or other volatile substances, fire, embers, ashes and other such fire causing materials, gasoline, oils or other liquid hydrocarbons, herbicides, industrial or commercial wastes of any type, liquids other than those contained in customary household solid waste, metal wire in large amounts, motor vehicles, nuclear or radioactive waste, pathological wastes, pesticides, poisons, road construction material including but not limited to asphalt, gravel, and the like, sludge of semi-solid fluids, stumps, logs or tree limbs, toxic wastes, all other hazardous wastes.
(H) Convenience center. Open-topped containers have been provided at the convenience center for the collection of bulky waste, yard waste, construction and demolition waste, and regulated waste with exception to hazardous, special and medical wastes. The city residents may use the convenience center to deliver waste for storage and future transport by the city or the city’s contracted waste collector. The convenience center is staffed by the city or the city’s contracted waste collector during specific business days and times to be determined by the Director or per contract with the waste collector. Each person delivering waste to the convenience center will be charged a fee for the disposal service and the fee will be set by the Director on a per load or weight basis and posted at the location. The city provides the center for use of the residents of the City of Hazard and each person delivering waste must provide proof of residency if inquired by the staff. Contractors, laborers or other employees of residents of the city may use the convenience center for the benefit of the resident.
(Ord. 2016-03, passed - -15; Am. Ord. 2018-08, passed 1-22-18) Penalty, see § 51.99