3-4-2: DISPOSAL IN CONTAINERS REQUIRED:
   A.   Containers: It shall be unlawful for any person to deposit any garbage, rubbish or waste material in any park, street, alley or any other property within the City unless such refuse is deposited in containers, the type, size and location of which are herein provided. Notwithstanding the requirements of this section, the City reserves the right to vary the type, size and location of containers required herein whenever the Public Works Department determines its ability to sanitarily or conveniently collect and dispose of garbage, rubbish or waste material would be impaired, whenever the City determines a nuisance condition exists, or whenever the Public Works Department determines that it would be in the public interest to do so.
   B.   Dwellings: The City will provide each single dwelling home with one garbage tote. Only totes provided by the City may be used for household garbage. Tote swaps for a larger or smaller tote, as requested by the resident, will be conducted in a timely manner for a reasonable fee, as determined by resolution of the City Council. The volume of the tote dictates the monthly charge, as determined by the City Council as described in subsection 3-4-4A of this chapter. Extra garbage that does not fit into the tote will be collected for an additional charge at a reasonable rate, as determined by resolution of the City Council. Additionally, the City will provide each single dwelling home a blue tote for no-sort recycling. Curbside no-sort recycling service will be provided for an additional charge at a reasonable rate, as determined by resolution of the City Council. All households will pay the monthly recycling fee. Garbage and recycling totes must be stored within the principal structure of the dwelling, or, for exterior storage, placed neatly against either the back or side of the structure with lids fully closed, or stored in such a manner as to: 1) not create a nuisance condition, and 2) comply with all applicable setback requirements and easements. Multiple dwelling housing with individual driveways (such as duplexes and townhomes) will be provided garbage and recycling totes and will receive weekly garbage and recycling service. The garbage and recycling fee structure is noted on the City of Moorhead website. Upon service, extra garbage lying outside of the container will be reasonably charged as an extra fee, as determined by resolution of the City Council. Extra garbage such as televisions, tires and demolition material will not be serviced by the City. Multiple dwelling homes that receive a garbage and recycling tote from the City shall ensure totes are stored within the principal structure of the dwelling, or, for exterior storage, placed neatly against either the back or side of the structure with lids fully closed, or stored in such a manner as to: 1) not create a nuisance condition, and 2) comply with all applicable setback requirements and easements. (Ord. 2017-08, 7-10-2017)
   C.   Multiple Dwellings Other Than Condominiums And Common Interest Communities: The City shall provide and rent to owners and operators of multiple dwellings within the City, other than a condominium or common interest community, containers for the purpose of disposal of garbage, rubbish or waste material. Said containers shall be the sole and exclusive means for owners and operators of multiple dwellings within the City to dispose of garbage, rubbish or waste material. The containers will not be allowed on streets or boulevards. The containers shall be maintained and kept clean in accordance with the City's public health and sanitary regulations in this title as such regulations may be from time to time amended, supplemented or replaced. The containers shall be located so that they may be sanitarily and conveniently collected by City sanitation vehicles. The containers shall be further located so as to: 1) not create a nuisance condition, 2) be out of sight from eye level view from the public right-of-way by locating the containers in the rear of the multiple dwelling, and 3) comply with all applicable setback requirements and easements. The containers may be required to be kept and stored on a concrete or asphalt surface and fully screened from view of adjacent properties and the public right-of-way by a fence or wall of at least six feet (6') in height and a minimum opaqueness of eighty percent (80%) whenever the Public Works Department finds good cause exists to impose such requirements to protect the general health, safety and welfare of the public. However, the Public Works Department may grant exceptions to the above requirements, as well as exception to the zoning regulations relating to placement of dumpsters where existing physical conditions do not make compliance practical.
   D.   Condominiums And Common Interest Communities: Subject to approval by the Department of Public Works, owners and operators of condominiums or common interest communities within the City shall have the option upon request of the condominium or common interest community association to either: 1) rent the containers provided by the City for the disposal of garbage, rubbish or waste material in accordance with subsection C of this section and comply with the terms contained therein, or 2) to provide themselves with containers to receive and deposit for collection in accordance with subsection B of this section and to comply with the terms therein. (Ord. 2017-14, 9-25-2017)
   E.   Business Establishments: The City shall provide and rent to owners and operators of restaurants, stores and business establishments within the City containers for the purpose of disposing of garbage, rubbish or waste material. Said containers shall be the sole and exclusive means for owners and operators of restaurants, stores or business establishments, within the City to dispose of garbage, rubbish or waste material except as may be otherwise permitted by the Department of Public Works. The containers will not be allowed on streets or boulevards. The containers shall be maintained and kept clean in accordance with the City's public health and sanitation regulations in this title as such regulations may be from time to time amended, supplemented or replaced. The containers shall be located so that they may be sanitarily and conveniently collected in City sanitation vehicles. The containers shall be located so as to: 1) not create a nuisance condition, 2) be out of sight from eye level view from the public right-of-way by locating the containers in the rear of the restaurant, store or business establishment, and 3) comply with all applicable setback requirements and easements. The containers may be required to be kept and stored on a concrete or asphalt surface and fully screened from view of adjacent properties and the public right-of-way by a fence or wall of at least six feet (6') in height and a minimum opaqueness of eighty percent (80%) whenever the Public Works Department finds good cause exists to impose such requirements to protect the general health, safety and welfare of the public.
   F.   Institutions Of Higher Learning: Four (4) year institutions of higher learning shall be permitted to provide collection services of garbage, rubbish and waste material utilizing the institution's equipment and personnel. (Ord. 2017-08, 7-10-2017)