§ 53.05 COLLECTION PRACTICES.
   (A)   Schedule for collection. The City Manager shall establish a schedule for the collection of garbage and refuse.
      (1)   Garbage and refuse accumulated in residential areas shall be collected at least once each week, when possible.
      (2)   Hotels, restaurants, and such other commercial businesses and institutions as deem it necessary may enter into an agreement for more frequent collection of garbage and refuse.
      (3)   Where necessary to protect the public health and safety, the City Manager shall have the authority to require that collections of garbage and refuse be made more frequently than weekly for particular residential premises or commercial businesses or institutions.
   (B)   Use of garbage bags and cans. When placed for collection pursuant to § 53.04(C), garbage and refuse shall be in standard garbage bags with a capacity of not more than 50 gallons. Said bags shall be placed in standard garbage cans on days of non-collection, but may be removed from cans and sealed immediately before being placed for collection.
   (C)   Responsibility for disposal.
      (1)   The owners and occupants of any premises within the city shall be responsible for the sanitary condition of such premises, and no person shall place or deposit or allow to be placed or deposited, or accumulate or allow to be accumulated, on his or her premises, any solid waste except as authorized by the terms of this chapter or any other applicable ordinances, laws, rules, or regulations.
      (2)   No person shall deposit, place, or leave any solid waste on the premises of another person, and no person shall bury solid waste anywhere in the city.
      (3)   Any person generating or disposing of solid waste not covered by this chapter shall make arrangements for the collection and disposal of such solid waste and shall comply in all respects with the terms of this chapter and all other applicable laws, rules, and regulations.
      (4)   A person generating building materials shall be responsible for the proper and lawful disposal of such building materials. Such building materials may be disposed of at the landfill through the city only if such building materials were generated within the corporate limits of the city. No contractors, commercial, or industrial agents or concerns, non-residents, or residents not working on a building or dwelling within the city, shall dispose of building materials at the landfill through the city.
      (5)   A mandatory yard waste recycling/composting program is hereby established in the city. Yard waste shall be disposed of pursuant to the rules and regulations for such program established by the city pursuant to § 53.03. Yard waste is not eligible for regular collection as refuse.
      (6)   All garbage, refuse, rubbish, junk, hazardous waste, and building materials which accumulate on any premises and are not disposed of pursuant to this chapter shall be deemed to be a nuisance and shall be subject to the requirements and penalties of § 10.99.
      (7)   Hazardous waste materials shall not be collected by the city or its duly authorized contractor. The owner, occupant, or person in charge of any premises which generate or have custody of any hazardous waste materials shall be solely responsible for the lawful disposal of such materials in accordance with this chapter and all other applicable laws, rules, and regulations.
      (8)   Containers that are broken or rotted or otherwise fail to meet the requirements of this chapter may be claimed and disposed of as refuse by the city or its duly authorized collection contractor. After notice to the person responsible for such a container, collection from that container may be refused by the city or its duly authorized collection contractor.
   (D)   Limitation on quantity. In the promulgation of rules and regulations pursuant to § 53.03, the City Manager shall direct the collection of a reasonable quantity of refuse and garbage from hotels, restaurants, and other businesses and institutions during a collection period. In the promulgation of such rules and regulations, the City Manager shall have the authority to determine what amounts of refuse and garbage shall be considered reasonable and to refuse to collect amounts determined by the City Manager to be unreasonable.
   (E)   Collection and conveyance by actual producers and outside collectors.
      (1)   The actual producers of garbage and refuse, or the owners of premises upon which garbage and refuse are accumulated, who desire personally to collect, convey, and dispose of such garbage and refuse, and collectors of garbage and refuse from outside the city who desire to convey such garbage and refuse over the streets of the city, shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors seeping therefrom and to prevent the contents of such vehicles from being blown, dropped, or spilled therefrom.
      (2)   Disposal of solid waste by persons pursuant to division (E)(1) above shall be made outside the city limits, unless otherwise specifically authorized by the City Manager.
(Prior Code, § 1060.05) Penalty, see § 10.99