(A)   Commercial and industrial. All businesses generating in excess of two cubic yards of solid waste per week, mobile home parks, and rental properties containing more than three rental units must use a private hauler to collect all solid waste, whether it be from a dumpster or can collection service. All dumpsters and other solid waste containers must be equipped with properly functioning lids and maintained so that no solid waste material can escape the dumpster or container. Dumpsters or solid waste containers are the property and responsibility of the private hauler but in the case that a dumpster or solid waste container is not in compliance with this section the business owner will be contacted. It will then be the responsibility of that owner to contact the hauler to have the dumpster or solid waste container repaired or replaced.
   (B)   Dumpster standards.
      (1)   Dumpsters shall be placed in a location that is clearly accessible to the servicing vehicle.
      (2)   Lids must be operational and closed at all times.
      (3)   All dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to:
         (a)   Persons located within any dwelling unit on residential property; or
         (b)   Occupants, customers, or other invitees located within any building on nonresidential property other than where the dumpster is located; or
         (c)   Persons traveling on any public street, sidewalk or other public way.
      (4)   When dumpster screening is required under this section, screening shall be on three sides with a six-foot opaque screen of masonry, brick, stone or architectural block (that matches building’s architecture), wood fencing, or other opaque materials approved by the zoning administrator. The fourth side shall be equipped with an opaque gate capable of being latched and of not less than six feet in height.
      (5)   Dumpster enclosures shall not be located in front of the main building unless approved by the Zoning Administrator. Prior to beginning construction, a site plan for the enclosure must be submitted to the Zoning Administrator for review.
      (6)   Dumpster enclosures shall be maintained in a structurally sound and attractive manner.
      (7)   Within the central business district reasonable exceptions to the enclosure requirements may be granted if in the Zoning Administrator’s discretion, circumstances warrant such exemption.
      (8)   Any enclosure that is in existence at the time of the adoption of this ordinance may remain unless:
         (a)   It is determined by the Zoning Administrator that the enclosure is in such disrepair that it must be replaced; or
         (b)   The owner chooses to replace the enclosure; or
         (c)   The enclosure is damaged by any causality to an extent exceeding 50% of the structure. In any such case, the enclosure must be replaced to meet the guidelines of this section.
   (C)   Dumpster regulations by district.
      (1)   Regulations shall apply to all residential and commercial districts as described in this chapter.
      (2)   Regulations shall only apply in industrial districts where uses are considered residential and/or commercial.
(Ord. passed - -)  Penalty, see § 10.99