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(a) No person shall place or maintain any receptacle for garbage, ashes or rubbish so that it will be or constitute a nuisance.
(b) Receptacles for garbage, ashes or rubbish maintained for public collection shall be so placed as to be readily accessible for collection.
(c) In an ML, MH, C1, C2, C3 aud I zoning district, no person shall store refuse or garbage lawfully retained on the premises pending disposition thereof unless same is stored out of view of the public right of way, within a permanent building or structure or is shielded in a manner approved by the Architectural Board of Review.
(d) The Mayor or Director of Public Safety and the Building Commissioner are hereby charged with the enforcement of subsection (c) hereof.
(Ord. 59-08. Passed 7-21-2008.)
No person, firm or corporation shall use or suffer or permit to be used any vehicle to convey garbage unless such vehicle is tightly constructed and equipped with a closely fitting cover, and unless such vehicle is tightly covered at all times except when the same is being loaded or unloaded; nor shall any person, firm or corporation load or drive or cause to be loaded or driven on any thoroughfare any such vehicle containing garbage so as to suffer or permit any part of the contents to fall, spill or leak therefrom.
(Ord. 59-08. Passed 7-21-2008.)
(a) No person, firm or corporation shall throw or deposit or cause to be thrown, or deposited, in or upon any court, thoroughfare, harbor, river, canal, pond, creek or other public water or any yard, lot or area, or on any building, any dead animal, garbage or filth, or any substance that is foul, putrid, offensive or dangerous or that is detrimental to public health.
(b) The owner, agent, lessee or other person having the possession, charge or control of any building or premises in or upon which any dead animal, garbage, filth or any substance that is foul, putrid, offensive or dangerous or that is detrimental to public health, has been thrown or deposited, shall cause the same to be removed when ordered to do so by the official charged with the enforcement of this Sanitary Code.
(Ord. 59-08. Passed 7-21-2008.)
(a) The owner or person in control of property not eligible for City collection of garbage, shall keep the premises clean and free of litter and shall take measures to prevent litter from drifting or blowing to adjoining premises.
(b) It shall be the duty of the owner of bulk containers or person in control of premises on which is located bulk containers or detachable units for the collection of rubbish, to:
(1) Keep such bulk container or detachable unit placed behind the building line.
(2) Keep such bulk container or detachable unit in good repair, clean and painted.
(3) Keep such bulk container or detachable unit with lid closed at all times.
(4) Keep such bulk container or detachable unit properly identified as a receptacle for garbage, such identification to be affixed to such bulk container or detachable unit.
(c) "Bulk container" means a metal container of not less than one cubic yard nor more than eight cubic yards, made of watertight construction with doors and constructed so that they may be emptied mechanically by specifically equipped trucks.
(d) Whoever is found guilty of violating any provision of this section shall be guilty of a minor misdemeanor.
(Ord. 59-08. Passed 7-21-2008.)
(a) No construction or demolition contractor shall fail to provide on site refuse receptacles, bulk containers or detachable units for loose debris, paper, building material waste, scrap building materials and other refuse produced by those working on the site. All such materials shall be containerized by the end of each day and the site shall be kept in reasonably clean and garbage free condition. The number of refuse receptacles, containers, bulk containers or detachable units shall be determined by the size of the job. Dirt, mud, construction materials or the debris deposited upon any public or private property as a result of the construction or demolition shall be immediately removed by the contractor. The construction site shall be kept clean and orderly at all times.
(b) Whoever violates any provision of this section is guilty of a minor misdemeanor.
(Ord. 59-08. Passed 7-21-2008.)
(a) Definition. For the purpose of this section, “composting” means the controlled decomposition of organic solid wastes under aerobic conditions to produce a relatively stable, inert material that may be incorporated into the soil without producing any adverse impact to the soil or to the public health.
(b) Regulations.
(1) All composting shall conform to such reasonable rules and regulations promulgated by the Director of Public Safety or a designee to insure sufficient safety, health and sanitation in the City, provided those rules are otherwise in conformity with this section.
(2) Composting shall be permitted only in approved composting containers designed and constructed specifically for that purpose. Approved composting containers are those that are designed to minimize access to compost by animals, rodents and insects; that do not exceed five (5) feet by five (5) feet by five (5) feet in size; that are enclosed, with no opening greater than a half-inch; and that are accessible from three sides. Composting containers shall be screened from view and otherwise not be visible from the public right of way and are not permitted in any front yard or located closer than five (5) feet from any side or rear property line.
(3) No person shall perform composting that is detrimental to the public safety, health or general welfare, or of such nature as to interfere with the value of or enjoyment thereof by the owners, occupants or persons in charge of or control of any property within the immediate vicinity by reason of any noxious odors emanating therefrom, or which is of such character or nature as to create or spread disease or cause an unsanitary and unhealthful condition, or which by its character or nature is likely to attract rodents, vermin or other disease-carrying pests, animals or insects. No person shall keep or leave human waste, refuse or bodies of dead animals in the compost pile; store, discharge or deposit sewage, human waste, wash water or other substance which will make a compost pile a potential transmission agent of disease; or store or deposit any waste or substances which will pollute water or soil. Composting that violates any of these provisions is hereby declared to be a public nuisance.
(c) Violations.
(1) Whoever violates any provision of this section shall, upon discovery thereof be issued a warning by the Director of Public Safety or a designee for a first offense. For a second or subsequent violation of this section, an offender shall be fined not more than twenty-five dollars ($25.00). For each subsequent offense an offender shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(2) The Director of Public Works or a designee shall have the power to enforce the provisions of this section. The City may issue such orders as are necessary to aid in the enforcement of the provisions of this section. These orders shall include, but shall not be limited to orders requiring persons to cease composting in violation of any provision of this section; orders to take corrective action or to abate a public nuisance regardless of whether the composting is otherwise in conformity herewith; or orders requiring production of information. Such an order may be issued if the City finds that any person is in violation of any provision of this section.
(3) The City may, in its order, require compliance with this section.
(4) An order issued under this section shall take effect upon notice, unless the order specifies otherwise The person affected may appeal an order to the Board of Building Standards and Building Appeals. An appeal to the Board of Building Standards and Building Appeals of the City of Lakewood’s order shall not act as an automatic stay of enforcement, provided, however, that upon application and for cause shown, the Board of Building Standards and Building Appeals may issue such a stay under rules established by the Board.
(5) The authority of the City of Lakewood to issue an order under this section is in addition to any remedy or penalty that may be imposed pursuant to this section.
(6) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to restrain, correct or abate a violation, or to require compliance with the provisions of this Code, or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Director of Public Works or Board of Building Standards and Building Appeals. (Ord. 49-11. Passed 12-5-2011.)
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