§ 51.034 PROMULGATION OF RULES AND REGULATIONS BY BOARD OF TRUSTEES.
   The Board of Trustees shall, by resolution, promulgate rules and regulations relating to the manner of preparing and accumulating garbage, rubbish, waste material and ashes for collection; the type and kind of containers to be used for such accumulation; the manner of use of and care for such containers; and such other rules and regulations as, in its discretion, are necessary or desirable in the interest of maintaining efficiency and sanitary conditions in the garbage, rubbish, waste material and ashes collection system and service within the town; and such resolutions when adopted shall be of the same force and effect as if incorporated in this section, and prior regulations, not inconsistent with this code, are hereby approved and ratified.
   (A)   Refuse containers. Until further action by the Board of Trustees, refuse containers shall be provided as follows.
      (1)   Residential container requirements. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Said containers shall be maintained in a clean, neat and sanitary condition at all times and shall be made of plastic or similarly weighted and durable material and shall be of such size and weight that it can be lifted safely manually or constructed in such a way as to attach to the mechanical lift on the refuse collection equipment and shall have an attached hinged lid. Any container that does not conform to the provisions of this section, or the following section when applicable, or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon notice. The Town Manager shall have the authority to refuse collection services for failure to comply herewith.
      (2)   Commercial container requirements.
         (a)   Commercial containers shall be compatible with the refuse collection equipment and shall be of a size and maintained in such condition as to be safely handled, placed in a convenient and accessible location, and shall be made of durable material designed to withstand the rugged conditions inherent of the collection process.
         (b)   After 12-31-1983, all commercial containers shall be the dumpster-type container, or the equivalent thereof, unless said requirement is waived by the Town Manager because of the amount of refuse collected at a commercial location.
         (c)   In that event and when appropriate, the commercial container shall be approved by the town and shall be compatible with the town’s refuse collection equipment or as provided by contract with the town.
   (B)   Collection practices.
      (1)   Frequency of collection.
         (a)   Refuse shall be collected at least once each week, unless emergency circumstances prevent said collection.
         (b)   Where necessary to protect the public health, the Town Manager shall have the authority to require that more frequent collections be made or more containers be provided.
      (2)   Limitation on quantity.
         (a)   Residential. The Town Manager shall collect a reasonable accumulation of refuse of each family during a collection period for the standard charge.
         (b)   Commercial.
            1.   The Town Manager shall collect a reasonable accumulation during the collection period for the stated charge.
            2.   The Town Manager shall have the authority to refuse to collect unreasonable amounts or to assess additional fees for such amounts.
(Prior Code, § 550.2.10) (Ord. 216, passed 1-7-1972; Ord. 235, passed 8-7-1975; Ord. 282, passed 1-7-1982; Ord. 370, passed 8-5-1993; Ord. 398, passed 6-6-1996; Ord. 435, passed 12-2-1999; Ord. 456, passed 9-7-2000; Ord. 535, passed 12-3-2009; Ord. 548, passed 7-7-2011; Ord. 584, passed 10-1-2015)