§ 50.06 REFUSE PRE-COLLECTION REQUIREMENTS.
   (A)   Residential.
      (1)   Single-family residential sites of generation. All single-family residential sites of generation, must use the city's residential refuse collection services. Residential refuse must be placed in a city refuse bag or a residential container with a city refuse tag attached.
      (2)   Multi-family residential sites of generation - three or less dwelling units.
         (a)   Multi-family dwellings consisting of three or less dwelling units located in the same building, except for two-family dwellings under § 50.06(A)(3), must use the city's residential refuse collection services. Residential refuse must be placed in a city refuse bag or a residential container with a city refuse tag attached.
         (b)   In addition to the use of city refuse bags and containers with a city refuse tag attached, multi-family dwellings consisting of three or less dwelling units located in the same building may choose to use city refuse carts subject to the requirements of § 50.08.
      (3)   Multi-family residential sites of generation - more than three dwelling units and certain two-family dwellings. The property owner of each multi-family dwelling consisting of more than three dwelling units located in the same building, two-family dwellings as defined in § 152.004 that are located in five or more residential buildings on a single parcel, rooming house, or the condominium association of a condominium development shall be responsible for securing an approved method of residential refuse collection, shall notify the DPW of the method selected on an annual basis, and shall be responsible for payment of bills associated with residential refuse collection. Changes to the method of collection are limited to once per calendar year. All dwelling units located in the same building, rooming house, or condominium development must use the same method for residential refuse collection. An approved method of residential refuse collection shall be by one of the following methods:
         (a)   1.   City's residential refuse collection services. Subject to the requirements of division (A)(3)(a)2. below, multi-family dwellings consisting of more than three dwelling units located in the same building, rooming houses, or condominium developments may use city refuse bags, containers with city refuse tags attached, or city refuse carts (subject to the requirements of § 50.08) for residential refuse collection.
            2.   The city's residential refuse collection contractor shall not collect refuse on private streets unless a waiver of liability is provided by the affected multi-family dwelling, rooming house, or condominium development. The liability waiver must release the city and the city's residential refuse collection contractor from any claims for damages to the private street, utilities, and pavement due to the operation of the refuse collection vehicle. The city's residential refuse collection contractor has the right to not operate on private streets if the streets are not constructed or maintained to allow safe operation of the refuse collection vehicle.
         (b)   Collection by private refuse contractor. Multi-family dwellings consisting of more than three dwelling units located in the same building, rooming house, or condominium development may contract with a licensed, private contractor to collect refuse.
      (4)   Other requirements applicable to all residential waste.
         (a)   There must be adequate open space in the public right-of-way or adjacent to a private street for collection to accommodate the number of city refuse carts, refuse containers, and/or city refuse bags generated by all residents of the dwelling unit without interfering with driveways, vehicular traffic, pedestrian traffic, or business traffic. The DPW shall have authority to make determinations regarding the adequacy of the open space for city refuse carts, refuse containers, or refuse bags and to designate the collection area. Residential refuse for collection that is not placed in the area designated by the DPW or not contained in a city refuse bag, a container with a city refuse tag attached, or city refuse cart, as applicable, will not be picked up.
         (b)   Contents of city refuse carts and refuse containers with lids placed for collection shall not exceed what can be reasonably placed within the cart or container and still allow the lid of the cart or container to be placed in a completely closed position. If the city refuse cart or refuse container does not have a lid, the contents shall not overflow the top of the cart or container. The gross weight of city refuse bags, city refuse carts or refuse containers with tags placed for collection shall not exceed 50 pounds for each bag, cart, or container. Each refuse container placed for collection shall not exceed 34-gallon capacity. Carts, containers or bags that do not meet these requirements will not be collected. If the city cart or residential container does not have a lid, the contents shall not overflow the top of the refuse container or cart.
         (c)   The property owner and tenant shall be responsible for ensuring that all refuse bags, containers and city refuse carts are placed at the designated collection area no earlier than 5:00 p.m. the night before collection and that containers and city refuse carts are removed from the designated collection area and front yard by midnight the day of collection. However, if the designated collection area is an alley, refuse containers and city refuse carts may be stored in the alley, provided they do not interfere with use of the alley. City refuse carts and refuse containers shall only be stored in garages, backyards or side yards or in the alley if the alley is the designated collection area for the property and out of sight from the street.
         (d)    Notwithstanding any provision to the contrary, if a dumpster is required for any dwelling unit for site plan approval, special use approval, other zoning approval, or by the zoning ordinance, then refuse collection shall be required pursuant to the approval provided and shall not be changed except by amendment pursuant to the site plan, special use, or other zoning approval.
         (e)   Special refuse, yard waste, hazardous waste, construction and demolition debris, and other prohibited waste as set forth in § 50.04, shall not be placed out for residential refuse collection.
   (B)   Commercial establishments. Commercial establishments shall be responsible for securing an approved method of refuse collection and disposal. Approved methods shall be limited to arrangements with a licensed contractor, transport of an establishment's own refuse to a state approved disposal facility, or city refuse collection and recycling with permission from the DPW. Contents of refuse containers with lids placed for collection shall not exceed what can be reasonably placed within the container and still allow the lid of the container to be placed in a completely closed position. If the refuse container does not have a lid, the contents shall not overflow the top of the refuse container. Containers or bags that do not meet these requirements will not be collected.
   (C)   Other refuse. All special refuse, yard waste, hazardous waste, construction and demolition debris, and other prohibited waste as set forth in § 50.04 shall be removed using a licensed contractor or otherwise disposed of in accordance with applicable state law and regulations.
(Ord. 745, passed 2-8-93; Am. Ord. 800, passed 6-23-97; Am. Ord. 809, passed 11-24-97; Am. Ord. 870, passed 3-11-02; Am. Ord. 905, passed 12-13-04; Am. Ord. 1001, passed 8-10-15; Am. Ord. 1056, passed 7-27-20) Penalty, see § 50.99