(A) General.
(1) Accumulation of refuse. It shall be unlawful for any person to cause or permit the accumulation of refuse about, or on premises owned, occupied, or used by them when and if such accumulation is unsightly, unsanitary, or hazardous to the property, life, health, safety, or welfare of the public.
(2) Maintaining dump ground. It shall be unlawful to deliver refuse to or on private property or to maintain a dump ground, either public or private, for the deposit of garbage of any kind within the City of Murray.
(3) Disposal of refuse. It shall be unlawful for any person or firm to dispose of refuse within the corporate limits of the city or elsewhere, except at the City of Murray Transfer Station, unless the person or firm disposing of the refuse shall have approval of the disposal facility from the Energy and Environment Cabinet, Department for Environmental Protection, Division of Waste Management, Commonwealth of Kentucky, or from the U.S. Department of Natural Resources Environmental Protection Agency.
(4) Scattering refuse. It shall be unlawful for any person to throw, place, or scatter any garbage, rubbish, or other refuse over or on any premises, street, or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn, or to suffer or permit from the accumulation of refuse, any premises owned, occupied, or controlled by any such person to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous from fire.
(5) Solid waste to be stored in a manner prescribed by ordinance. The occupant or owner of every residential dwelling unit, agricultural, commercial, business, institutional and industrial establishment shall place all solid waste to be collected in proper solid waste containers, and shall maintain the area surrounding them in a clean, neat and sanitary condition at all times. Solid waste shall be stored in a manner that will be kept free from insect and rodent infestation and will not create a fire hazard.
(6) Standards for refuse containers. Solid waste shall only be stored for collection in refuse containers provided by the City of Murray as defined in accordance with § 93.01. The city shall provide 96 gallon roll-out carts; two, four, six, and eight cubic yard dumpsters; and 20, 30 and 40 cubic yard roll-off containers for use. Privately owned commercial compactors may be used upon approval by the City of Murray.
(7) Containers prerequisite to removal of refuse. It shall be unlawful for collection personnel to collect or remove, at city expense, any refuse from the premises of any resident, tenant, business, institution or industrial operation thereof unless such premises are equipped with standard containers, and unless such refuse is kept stored in such containers.
(8) It shall be unlawful for any person to deposit solid waste in any refuse container other than his or her own or for any person to dispose of waste collected outside of the city limits at any place within the city.
(9) All dumpsters, roll-off containers or compactors serving commercial establishments and multi-family dwellings shall be placed on a concrete pad. Prior to installation, the dumpster location and pad must be approved by the Solid Waste Manager. Installation shall be the responsibility of the owner. In the event the owner does not have an approved concrete pad available, the city shall not be liable for any damages to asphalt surfaces as a result of providing collection services. Any exceptions to this division shall only be made at the discretion of the Director of Public Works and/or Solid Waste Manager.
(10) It shall be unlawful for any person to dispose of any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections unless such is placed in an approved medical sharps container.
(B) Commercial and industrial collections.
(1) Collection personnel are not required to enter any customer location where animals constitute a threat to the safety of such personnel.
(2) Refuse containers of all types remain the property of the City of Murray and shall not be painted, abused, mutilated or modified in any manner. The user of sanitation services shall be responsible for the cost of repairs or replacement for any damages resulting from abuse. Repairs made due to normal wear and tear will be performed at no charge. It shall be the user's responsibility to clean and maintain these refuse containers in a sanitary condition.
(3) Collection personnel are not required to pick up or transport bricks, blocks, or other building material even though same may be contained in wheeled carts. Contents of wheeled carts shall be limited to normal household refuse.
(4) Sanitation customers must have all refuse in proper containers at the time collection personnel arrive to collect same. Collection personnel shall not wait for sanitation customers to empty additional garbage during collection nor shall collection personnel collect any refuse not contained within the container.
(5) Collection personnel are not required to pick up and collect grass, leaves, or other comparable material even though contained in boxes and placed near the street.
(6) Collection personnel are not required to enter any
building (business or industrial) for the purpose of pickup or collection of refuse.
(7) Raw human or animal excrement shall not be collected by collection personnel unless sealed in air-tight and water-tight plastic containers and then placed in standard refuse containers.
(8) Prohibited items, including but not limited to batteries, liquids of any kind, pesticides, florescent light bulbs, mercury-containing equipment such as thermostats or automatic switches, tires, hot ashes, hot charcoal and other special or hazardous wastes designated by the United States Environmental Protection Agency and/or the Kentucky Department for Environmental Protection, shall not be placed within the refuse container for collection.
(9) Refuse containers shall neither be filled to an overflowing and/or overweight condition nor shall they contain bulk items, such as furniture, mattresses, televisions, white goods and other items similar in nature. In the event of such circumstances, services may be denied until the problem has been corrected. The customer may incur an additional charge for special collection.
(10) Access by collection equipment to the refuse container shall not be blocked. Multiple attempts for collection on the scheduled day of service shall not be attempted. In the event that access by collection equipment is blocked, collection will not be reattempted until the next scheduled collection day. If collection cannot wait until the next scheduled day of service, a fee for an additional pickup shall be charged in accordance with § 93.08.
(C) Residential collection.
(1) Residential service shall be curbside service and shall be provided once per week on a regularly scheduled collection day.
(2) No household waste will be collected that is not contained in the wheeled cart provided by the city nor will collection personnel collect loose bags of garbage placed outside of the wheeled cart.
(3) The resident is responsible for placing the wheeled cart curbside no later than 7:00 a.m. on the regular scheduled collection day and for removing the cart from curbside as soon as possible after pickup. A person who is physically unable to roll the cart to the curb, shall contact the Sanitation Department to apply for a waiver. If the waiver is granted, the collection personnel will roll the cart to and from the curb on collection day. The following requirements must be met for waiver approval:
(a) All individuals permanently residing at the address above the age of twelve (12) must be physically unable to roll the cart to and from the curb;
(b) A handicap/walk-up refuse collection request form must be submitted to the city by an adult member of the household; and
(c) A written statement(s) from a licensed physician shall be provided for each individual, above the age of twelve (12), residing at the address, stating that individual is physically unable to roll the wheeled cart to and from the curb.
(4) Each cart will be issued to a specific address and it may not be moved from the premises. If the dwelling is vacated, the resident moving must notify the Sanitation Department. If the resident moves within the city, a cart will be furnished at the new address.
(5) Garbage must be placed inside the cart in such a manner so as to permit the lid to be closed at all times. Overfilling and/or lid being unable to close may prevent collection of the contents of the container.
(6) The container shall not be placed within three (3) feet of any stationary object such as a car, mailbox, utility pole, tree, shrub, fence, etc.
(7) No items may be placed within the container that are prohibited by the regulations of the City of Murray Sanitation Department, the Kentucky Department of Environmental Protection and/or the United States Environmental Protection Agency. Prohibited items include, but are not limited to: paint, gasoline, oil, liquids of any kind, hot ashes, hot charcoal, batteries, tires, hazardous wastes, bricks, blocks, building or construction materials or any other items not normally found in household waste.
(8) Contents of the containers shall be limited to normal household waste. Yard waste may be placed within the container if it is completely contained within household trash bags prior to placement within the container.
(9) It shall be the resident's responsibility to maintain the container in a clean and sanitary condition.
(10) The container remains the property of the City of Murray. The container must not be painted, abused,
mutilated or modified in any manner. If the container is lost or damaged beyond repair by the resident, the resident shall be held responsible for the replacement cost of the container. The Sanitation Department will make repairs due to normal wear and tear on containers at no charge. If the container is lost or stolen, the resident must immediately report same to the Sanitation Department.
(11) Collection personnel shall not be required to enter any building (business or residential) for the purpose of picking up or the collection of refuse.
(12) Raw human or animal excrement shall not be collected by collection personnel unless sealed in air-tight and water-tight plastic containers and then placed in standard refuse containers.
(13) In the event that regular collection service was not performed due to a violation of the Health and Sanitation Ordinance rules and regulations, collection will not be reattempted until the next scheduled collection day. If collection cannot wait until the next scheduled day for service and the issue resulting in denial of service has been corrected, a "call back service" may be performed and a fee for the service shall be charged in accordance with § 93.08.
(14) Customers of the Sanitation Department who violate the rules and regulations set forth in this subchapter do so at the risk of having their garbage remain uncollected.
(D) Recycling collection.
(1) It shall be unlawful for any person to place in any recycle bin any materials not designated by the Sanitation Department as acceptable for deposit in recycle bins.
(2) All recycle materials shall be in the appropriately designated and marked recycle bin.
(Ord. 375, passed 11-9-61; Am. Ord. 527, passed 10-22-70; Am. Ord. 807, passed 1-10-85; Am. Ord. 92-981, passed 6-25-92; Am. Ord. 2000-1219, passed 7-27-00; Am. Ord. 2000-1226, passed 9-27-00; Am. Ord. 2020-1792, passed 3-12-20) Penalty, see § 93.99