(a) All dumpsters shall be screened except when located in any B-4, I-1 or I-2 zone. Dumpsters in the B-4, I-1 and I-2 zones shall be screened when located within one hundred (100) feet of any zone except B-4, I-1 or I-2. Existing properties with dumpsters located in these zones and which are not screened may be required to be screened within one hundred twenty (120) days of formal written notice by the director of the division of waste management. The screening requirements shall be as follows:
(1) The dumpster area must be screened on three (3) sides using material consisting of stone, brick, concrete block, wood or a continuous planting of evergreens. Screens of stone, brick, concrete block or wood shall have eighty (80) percent opacity (80% solid); evergreen plantings shall be placed two (2) per side on three (3) sides and be six and one-half (6½) feet tall and one and three-quarter (1¾) inches in diameter at installation. Whenever evergreens are used as screening material, they shall be promptly replaced if and when they should die.
(2) The average height of screening material shall be one (1) foot more than the height of the dumpster but when walls or fences are used, shall not exceed eight (8) feet in height.
(3) The opening for removal of the dumpster for collection must be a minimum of twelve (12) feet in width (for each additional dumpster, add ten (10) feet) and when doors are provided, some means of retaining the door in an open position while servicing must be provided.
(4) A concrete pad sufficient to support the dumpster and the front wheels of the dumpster collection vehicle shall be required where the existing foundation, as determined by the director of the division of waste management, is not adequate to support the dumpster and the collection vehicle and bollards shall be installed which are sufficient to protect any adjacent structure(s) and allow access to the dumpster.
(b) No dumpster or screening as required above, regardless of whether collection service will be provided by the urban county government or by private hauler, shall be permanently placed or constructed upon any site without first obtaining a permit from the director of the division of waste management.
(1) In order to obtain such permit, an application accompanied by a plat of the property on which the dumpster and screening is to be located, drawn to scale and showing the location of all structures, public rights-of-way, and the location of the proposed dumpster and all required screening, shall be submitted to the director of the division of waste management. The plat shall contain a statement that it is a true and accurate depiction of the site shown thereon and be signed by the owner or person who has charge, care or control of the premises. A fee in the amount of twenty-five dollars ($25.00) shall be paid to the director of the division of waste management prior to issuance of any dumpster and screening permit except as provided in subsection (b)(3).
(2) Any dumpster or screening placed or constructed without a permit as required by this subsection shall be removed within forty-eight (48) hours of notice to the person responsible for placement of the dumpster or screening unless a permit is immediately obtained as provided in subsection (b)(3). The notice shall state that a civil citation may be issued if two (2) or more notices to remove unpermitted dumpsters or screening have been issued to the same person within any twelve-month period notwithstanding whether a permit was obtained after the prior notices.
(3) A permit may be granted for a dumpster or screening which was placed without a permit upon compliance with the requirements of this section and payment of a fee in the amount of one hundred dollars ($100.00) to the director of waste management prior to issuance of the permit.
(c) No dumpster shall be located closer than ten (10) feet to any abutting residential property line. No dumpster shall be located in such a manner that the unscreened side shall be visible from any public right-of-way. Whenever, in the opinion of the director of the division of waste management, a dumpster and/or the screen cannot be located upon a particular side so as to conform with these requirements, or there are special circumstances which make the requirements wholly impracticable, the director may designate a location for the dumpster which in his discretion is the most accessible and aesthetically appropriate or make exemptions from the requirements as necessary.
(d) All dumpsters, regardless of whether collection service will be provided by the urban county government or by private hauler, shall be maintained in a safe and sanitary condition and shall be cleaned by the owner/occupant of the dumpster site as often as necessary to prevent the dumpster from becoming malodorous. Litter and debris shall not be allowed to accumulate around the dumpster, and all refuse shall be deposited in such manner as to prevent it from blowing out of the dumpster.
(e) No special handling waste, hazardous waste, medical waste, paints, solvents, flammable liquids or hot ashes shall be placed in any dumpster for which the urban county government provides collection service. The commissioner of environmental quality, upon consultation with the director of the division of waste management, is hereby authorized to promulgate further regulations regarding dumpsters in order to provide standards for the location and maintenance of not in conflict with this section.
(f) No properly permitted dumpster, regardless of whether collection service is provided by the urban county government or by private hauler, shall be removed from any site unless the division of waste management has been notified at least forty-eight (48) hours before the dumpster is removed. Failure to provide notice may result in the issuance of a civil citation.
(g) Any person who fails to perform the duties required of him by the provisions of this section or who shall cause a dumpster to be located, maintained or filled in violation of this section shall, for every offense not abated within forty-eight (48) hours following notice to the person responsible for payment of the solid waste disposal fee for the dumpster, be subject to the penalty provisions in article XII and each day's continuance of any such violation shall be a separate offense. The urban county government may choose to abate the condition in accordance with section 16-8. In addition to the above remedies, where collection would pose a safety or health threat or may damage collection equipment, service may be suspended by the government when prohibited material or items are placed in the dumpster, until such time as the prohibited material is removed.
(Ord. No. 173-87, § 1, 7-16-87; Ord. No. 14-99, § 4, 1-28-99; Ord. No. 97-2001, §§ 2—4, 5-3-01; Ord. No. 282-2003, § 4, 12-4-03; Ord. No. 296-2004, § 2, 12-2-04; Ord. No. 143-2009, § 6, 7-7-09; Ord. No. 120-2010, § 2, 7-1-10)