No person, who is an owner, tenant, lessor, lessee, seller or purchaser under a land sale contract, manager or a person otherwise in a position to exercise control over any real property, including improvements thereon, shall cause or permit the accumulation of any solid waste upon such premises to which he or she bears any one or more of such relationships, unless such solid waste is placed and maintained in such a manner as to meet the following requirements:
(a) All containers which are used for the storage, transfer or disposal of solid waste must meet the following minimum requirement:
(1) Each container shall be so constructed and so loaded as to prevent any of its contents from dripping, sifting, leaking, being blown out of or otherwise escaping therefrom.
(2) Each container shall be so constructed and loaded as to prevent dogs, cats, rats, mice and other animals, domestic or wild, from readily gaining access to the contents thereof.
(3) Each container shall be so constructed and loaded as to be reasonably expected to prevent the escape therefrom of fumes, odors or noxious or dangerous gases.
(4) Each container shall be so constructed and loaded as to permit the storage of solid waste therein for a period of up to seven consecutive calendar days without losing the capability of complying with all of the minimum standards set forth in this section.
(5) No hazardous or otherwise dangerous solid waste shall be disposed of, stored in or transferred in any container other than one which is acceptable and permissible under all local, State and Federal rules, regulations, ordinances, statutes and laws.
(6) No container shall be permitted in a public right of way except immediately before and immediately after pick-up of the contents for disposal.
(7) Each container shall be so constructed and loaded as to prevent the occurrence of any nuisance, public or private, by the use thereof for the disposal, storage or transfer of solid waste.
(8) Each container shall, at all times, be kept in reasonable repair and condition so as to maintain all minimum standards required in this section.
(9) To the extent practicable, each container shall be placed at curbside either the day before the scheduled collection or the day of the scheduled collection and shall be removed from curbside the day after collection.
(b) Domestic solid waste shall be drained of all liquid to the extent practicable and placed in a container which meets all of the minimum requirements set forth in this section.
(c) Commercial solid waste shall be placed in a container which meets all of the minimum requirements set forth in this section whenever such solid waste is capable of or readily adaptable to being confined in a container. The fact that the volume of commercial solid waste generated exceeds the capacity of the container made available by the generator of the solid waste shall not relieve the generator of such commercial solid waste from complying with the provisions of this section. Commercial solid waste which, because of its peculiar size, nature or composition, cannot be accommodated by containers reasonably available for such purposes, may be temporarily confined or stored in any manner which is reasonably calculated to prevent such commercial solid waste from causing a nuisance, either public or private, beat only when stored in accordance with written terms and conditions issued by the Director of Public Service in conformity with all local, State and Federal laws, rules and regulations.
(Ord. 82-63. Passed 6-7-82; Ord. 14-20-A. Passed 8-4-14.)