951.02 CONTAINER REQUIREMENTS; DUMPSTER REQUIREMENTS.
     (a)    The containers referred to in this article shall meet the following specifications:
            (1)    Ash containers. Standard containers for the storage of ashes, which must be in separate containers, shall be substantially made of metal, shall have a capacity of not less than ten or more than twenty gallons, and shall be equipped with at least two carrying handles with a tight-fitting metal cover.
            (2)    Trash and garbage containers. Containers for the storage of trash and garbage shall be substantially made of metal or semi-rigid plastic, shall be leakproof and watertight, shall have a maximum capacity of thirty gallons, shall be equipped with at least two adequate carrying handles and shall be covered with a tight-fitting metal or plastic cover at all times.
            (3)    Plastic bags. Plastic bags may not be used in the place of specified trash and garbage containers unless they are of heavy duty plastic with a thickness of not less than 3 mils and securely tied and bound, but may be used as liners only for trash and garbage containers and for the disposal of leaves, grass clippings, weeds, and other organic lawn or yard waste, and for commercial disposal of dry paper. Plastic bags must be securely fastened.
            (4)    Pasteboard boxes. Boxes which have loose paper or material that would blow out of the box and litter the streets will not be picked up. Flaps must be tucked under one another or the flaps must be closed and string tied around the box or the flaps taped. Whenever possible, pasteboard boxes should be compacted.
      (5)   Dumpsters. Dumpsters means a metal refuse container designed to be emptied on site by a specifically equipped refuse collection truck which shall be leak proof and properly covered. A dumpster shall be no less than three cubic yeards.
   
   (b)    No person shall store or permit the storage of refuse on or about his premises, or the premises occupied by him, unless such refuse is kept separately in standard trash and garbage containers, not to be stored in front yards, porches or in public view on a regular basis, and in accordance with Section 951.02 (i).
      (c)    No municipal employee shall collect or remove, at City expense, any refuse from the premises of any person or tenant thereof, unless such premises are equipped with the standard containers referred to herein and unless such refuse is kept stored in such containers.
   
   (d)    No person shall deposit or store garbage in refuse containers, unless such garbage has been prepared for collection, removal and disposal, and complies with the definition of prepared garbage, as set out in this article.
   (e)    Each collection of solid waste, refuse, debris and /or trash from a trash dumpster
shall be considered commercial in nature and for a fee set forth in Section 951.06 . Locations and
design of such dumpster shall be in compliance with the standards contained with in the Martinsburg Zoning Ordinance. The following locations must be served by a trash dumpster container adequate to serve the collection needs of the aggregate living units rather than the utilization individual garbage receptacles:
      (1)    Refuse generated from multi-family dwelling units, which includes apartment complexes. condominium units, and any other residential structures which contains in the aggregate three or more living units. This section does not include townhouses or row houses.
      (2)    Refuse generated from any commercial establishments or buildings in which three or more business operate from the same site or location.
      (3)    Refuse generated from any commercial establishment or non-residential unit that produces more than two cubic yards of solid waste per week.
   If a particular location cannot be served by a dumpster because inadequate access or where streets will not support equipment without risk of damage, or which the City Manager, determines may not be served efficiently due to design or other factors, the above-entities may be excused by the City Manager from the requirement of a dumpster. Customer must make request for relief in writing with an alternative proposal to the City Manager.
   (f)    Such containers are as reusable shall be removed by such persons within twelve hours after such collection.
   
   (g)    Containers shall be placed at the curbline no earlier than 5:00 p.m. on the day prior to the day scheduled for collection and no later than 5:00 a.m. on the day scheduled for collection. Containers must be removed from the curb line and stored in accordance with Section 951.02 (b) no later than 9 p.m. on the day of collection
   (h)    Containers shall meet all of the following criteria:
      (1)    Each container shall have the capacity of not more than thirty gallons. Heavy duty plastic disposable bags with a thickness of not less than three mils, are acceptable solid waste containers, provided that it is securely tied and bound.
      (2)    No residential solid waste container shall weigh more than fifty pounds when placed at the curb for collection. Solid waste shall not be wedged into the containers in such a manner as to render it impossible for City employees to separate the solid waste from its containers.
      (3)    Solid waste collection from any one pickup site either residential or nonresidential, shall not exceed five standard solid waste containers.
            (4)    Containers must be maintained in a manner that is not dangerous to the health or safety of the public or City employees handling such containers. Any container that is badly broken, damaged or deteriorated or otherwise fails to meet the requirements of this section shall be classified as refuse and disposed of accordingly.
            (5)    Drums, barrels, baskets and paper bags are not acceptable solid waste containers and will not be collected.
            (6)    No person or entity shall bring, cart, remove, transport or collect any solid waste from outside the City into the City for the purpose of dumping or disposing thereof at curbside collection.
 
   (i)    No person or entity shall store garbage containers in front of the front wall of a dwelling/residence. If there is no other location available for storage, the property owner shall provide a commercial type covered storage cabinet for storage of the containers.
(Ord. 2023-04. Passed 5-9-23.)