A. Public Responsibilities Enumerated: In addition to and not in lieu of compliance with Oregon Revised Statutes chapter 459 and other applicable laws and regulations:
1. No person shall place hazardous or infectious waste for collection or disposal by franchisee. This shall not apply to minor quantities of waste generated at or by a single-family residential unit, unless prohibited by law.
2. No unauthorized person shall place materials in or remove materials from a solid waste collection container without permission of the owner of the container. For the purpose of this section, the franchisee is the "owner" of containers supplied by the franchisee. The franchisee shall be considered an authorized person within the meaning of this section.
3. No unauthorized person shall remove solid waste placed out for collection and resource recovery.
4. Unless permitted by the franchisee, no person shall install or use any container exceeding forty five (45) gallons in capacity for manual pick up by franchisee other than those supplied by franchisee. The purpose of this subsection is to ensure safe equipment, sizes and weights and facilitate franchisee utilizing the most efficient collection equipment and methods.
5. The franchisee is not required to service an underground container unless the person responsible for it places the container aboveground prior to the time for collection.
6. All containers will be visible from the street and be located within twenty five feet (25') of the street right of way on the designated collection day.
7. No container designed for mechanical pick up shall exceed safe loading weights or volumes as established by the franchisee to protect service workers, the customer, the public and the collection equipment.
8. No container designed for manual pick up shall exceed forty five (45) gallons in size or sixty (60) pounds in weight when loaded and eighteen (18) pounds when empty. Such container shall be made of material that is fire resistant, rodentproof and not subject to cracking or splitting and have proper handholds and bales. Containers must be kept in good condition by the customer.
9. Customers using mechanically emptied containers furnished by franchisee shall provide a smooth, level, hard surface area approved by the franchisee for the container.
10. Unless special service or service equipment is provided by the franchisee for handling unconfined waste, materials such as rubbish and refuse, brush, leaves, tree cuttings and other debris for manual pick up and collection shall be in securely tied bundles or in boxes, sacks or other receptacles, and solid waste so bundled, tied or contained shall not exceed sixty (60) pounds in weight.
11. Where a customer requires an unusual volume of service or a special type of container requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of such equipment. The purpose of this provision is to assure that such equipment not become a charge against other ratepayers who are not benefited. In no event shall such contract be in effect longer than this chapter.
12. Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to the user and franchisee.
13. Any vehicle used by a person to transport solid waste shall be so loaded and operated as to prevent the wastes from dropping, sifting, leaking, blowing or otherwise escaping from the vehicle onto any public right of way or lands adjacent.
14. No person shall block access to any container or drop box or roll-off box supplied by franchisee.
15. Every person who generates or produces waste shall have removed all putrescible wastes at least every seven (7) days. More frequent removal may be required where a facility or service involves the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards or pollution.
16. All putrescible materials shall be stored in manually emptied containers supplied by the generator or producer or in mechanically emptied containers or drop boxes supplied by the franchisee. When manually or mechanically emptied containers are used, they shall be covered except during loading and emptying. When drop boxes are used, all putrescible materials shall be placed in plastic bags and tied.
17. The producer or generator of waste shall clean containers and shall keep the area around such containers free of accumulated wastes. The franchisee shall provide maintenance as required to containers supplied by franchisee. For containers supplied by customer, plastic liners are recommended, but not required.
18. Approved disposal methods shall be as follows:
a. No person shall burn, dump, bury, collect, remove or in any other manner dispose of solid wastes upon any street, alley, public place or private property within the city except as provided in this chapter or burning by permit under chapter 2 of this title.
b. Wastepaper, boxes, rubbish and debris, brush, leaves, grass, wood and cuttings from trees, lawns, shrubs and gardens (but excepting paper, cardboard or wood containers in commercial quantities), may be burned on private property only if the method of burning is approved by the city and is done in accordance with the Oregon department of environmental quality rules and regulations.
19. All garbage must be drained of excess liquids and wrapped.
20. Ashes will be taken only if placed in a plastic bag and tied.
B. Payment For Service: Any person who receives service from the franchisee shall be responsible for payment for such service to the franchisee. (Ord. 563-08, 6-9-2008)