(a) Purpose. It is the purpose of this article to require uninterrupted, continuous, adequate, and necessary refuse removal for the residential dwellings and commercial establishments within the city limits of the city and to regulate the disposal of construction refuse.
(b) Mandatory Refuse Collection. The owner of every single-family dwelling, multi-family dwelling and commercial establishment within the boundaries of the city shall subscribe for refuse collection service. For purposes of this section, the owner of a commercial establishment shall be the owner of the real property upon which the commercial establishment is located. During the construction, demolition or partial demolition of any structure, all owners shall contract with a licensed construction cleanup contractor for on-site refuse collection.
(c) Residential dwelling receptacles collection.
(1) The owner of each residential dwelling in the city is hereby required to provide refuse receptacles of sufficient capacity to hold seven days' accumulation of refuse and loose trash from each dwelling. It shall be unlawful for any person to place, in such unapproved receptacle, any garbage or other material and the owner of the premises shall provide a suitable replacement.
(2) All residential dwelling refuse, as defined herein and consisting of garbage, paper, boxes, glass, crockery, hedge clippings, grass clippings and yard sweepings shall be placed in approved receptacles or tightly bound in bundles and deposited at curbside or street line for collection. No loose material shall be set out for collection.
(3) Waterproof disposable refuse bags or any other approved receptacles may be used. When the bags or any other receptacles are used, the responsibility for protection of either the bag or the receptacle and the contents shall rest with the property owner and occupant until they are collected. Rupture of or damage to the bag or receptacle from any cause resulting in the scattering of refuse prior to the arrival of collection personnel will obligate the owner to reassemble all of the refuse and provide an undamaged bag or receptacle prior to pick-up by the franchisee.
(4) Horticultural refuse too large for receptacles and consisting of tree branches, palm fronds, brush, trimmings and the like, shall be cut in lengths not exceeding four feet and not more than four inches in diameter. (Length limitation does not apply to palm fronds.) Accumulations shall be bundled and tied and placed in compact piles at curbside or street line within the confines of residents' or owners' side property lines. Deposits of refuse shall not obstruct pedestrian or vehicular traffic. No refuse shall be placed on property owned or occupied by others without permission.
(d) Illegal disposal of refuse prohibited. No person shall deposit on or bury in or cause to be deposited on or buried in any land, public square, street, alley, sidewalk, bridge or other public passageway, or any storm sewer, vacant or unoccupied lot, or any lake, canal, creek or watercourse any refuse, decomposable construction refuse, garbage, trash, horticultural refuse or special pickup, hazardous waste or industrial waste, as defined by this article, or any toxic or biological hazardous waste identified by West Virginia Code or federal statutes as dangerous to the health, safety and welfare of this community, or place or keep such materials, or refuse, anywhere within the limits of the city in any container other than in an approved refuse container which is collected regularly as set forth by this article. Nothing in this article shall prohibit private, backyard, nuisance free composting practices for home gardening purposes.
(e) Violations. Violations of the foregoing article shall be punishable by a fine of not less than $50.00, nor more than $150.00 per week.
(Ord. 17-004. Passed 3-6-17.)