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§ 97.23 SPECIFIC ACTS PROHIBITED.
   (A)   No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property.
   (B)   Dump-outs are prohibited.
   (C)   Depositing handbills on uninhabited or vacant property is prohibited.
   (D)   (1)   No vehicle shall be driven or moved on any street unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a street surface in the cleaning or maintaining of the street by a public authority having jurisdiction for the same or by persons under contract or other authorization by the public authority.
      (2)   Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public street shall immediately cause the public street to be cleaned of all such glass or other objects and shall pay any cost therefor.
   (E)   Sweep-outs are prohibited.
(1995 Code, § 8.20.110)
§ 97.24 LITTER RECEPTACLES.
   (A)   (1)   Litter receptacles shall be placed in the parking lots of all gasoline service stations, taverns, restaurants, liquor stores, shopping centers, grocery stores, marinas, boat launching areas, bathing areas and other such public places, a minimum of 1 litter receptacle per 10,000 square feet of parking area with a maximum of 10 litter receptacles and a minimum of one.
      (2)   It shall be the responsibility of any person owning and/or operating any establishment or public place in which litter receptacles are required by this section to procure, place, maintain and empty litter receptacles at their own expense on the premises.
      (3)   Litter receptacles shall also be placed at all commercial/industrial loading/unloading areas. These areas should be kept free of all litter.
      (4)   Litter receptacles to dispose of solid waste from operations shall also be placed at all repair/construction and/or demolition sites and proper end disposition of this waste shall be in keeping with this subchapter.
   (B)   Litter receptacles placed on sidewalks and other public places shall be used only for litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
   (C)   It is unlawful for any person to willfully damage or deface any litter receptacle or garbage cans.
(1995 Code, § 8.20.120)
§ 97.25 REMOVAL OF LITTER.
   (A)   Removal of litter and solid waste from private property shall be the responsibility of every property owner and/or tenant in the City.
   (B)   All owners and/or tenants shall keep the property free of litter and solid waste.
   (C)   This includes:
      (1)   In loading/unloading areas of private property;
      (2)   At repair/construction and demolition sites;
      (3)   On private premises; and
      (4)   On sidewalks and steps.
(1995 Code, § 8.20.130)
§ 97.26 SOLID WASTE COLLECTION.
   (A)   Each owner and/or tenant of private property shall comply with the following minimum requirements in disposing of solid waste:
      (1)   The maximum weight of a loaded garbage can shall not exceed 75 pounds. The maximum weight of a loaded waste wheeler shall not exceed that specified for the size of the individual container.
      (2)   All garbage cans, waste wheelers and heavy user containers shall be maintained in good condition and repair and shall be subject to inspection by the City.
   (B)   No garbage can or waste wheeler shall be kept upon any City or public property or neighboring property not in the ownership or tenancy of the person by whom the solid waste is accumulated, whether the neighboring property shall be vacant or improved.
   (C)   Storage of solid waste in an open garbage can or waste wheeler shall not be permitted.
   (D)   At times of collection by the City, all garbage cans or waste wheelers shall be placed at the curbside or alley designated by the City.
   (E)   Garbage cans or waste wheelers shall be supplied at all multi-family housing units by every property owner. A minimum of 1 garbage can or waste wheeler should be provided for every 2 persons in each household in each multi-family structure; provided, however, that, in individual cases, if the number of containers supplied proves insufficient to allow the proper disposal of solid waste, then the property owner shall be required to provide additional containers for the property.
   (F)   (1)   All garbage cans or waste wheelers shall be maintained in good condition and repair. All such receptacles shall be provided with a cover sufficiently tight to prevent flies and/or other insects from having access to the contents of the receptacles. Containers shall be watertight.
      (2)   All garbage cans or waste wheelers shall be subject to inspection and approval by the City.
   (G)   A non-containerized amount of solid waste and/or yard waste not exceeding the volume and weight limits of a garbage can, 75 pounds, shall be suitably bound to permit handling for collection without coming apart. Shrubbery and loose materials, including construction materials, must either be placed in an appropriate collection receptacle or tied in bundles not over 4 feet in length or weighing over 75 pounds. Dry carpet, obsolete flooring materials, if not placed in a proper container, must be cut into 4 foot lengths and tied into separate bundles, each not weighing more than 75 pounds.
   (H)   (1)   No property owner and/or resident of any premises within the City shall continually deposit any accumulation of solid waste and/or yard waste of such a volume as to be classified as a heavy user as defined herein, on the sidewalks, alley, street or adjacent to the premises of the person by whom the accumulation is made, for removal and disposition by the City.
      (2)   The property owner and/or occupant may arrange for the private removal and transportation of the solid waste and/or yard waste within a reasonable time after placement.
   (I)   All persons within the City shall be provided with scheduled collection service and large item pickup service.
   (J)   (1)   No person shall place any solid waste for collection on or adjacent to any public way in the City, except on the calendar day designated by the City.
      (2)   Garbage cans or waste wheelers can be set out no earlier than 5:00 p.m. the evening before the day set for collection.
   (K)   The use of garbage bags for regular collection shall only be permitted for the disposal of yard waste, so long as the garbage bag is clearly marked with the appropriate sticker obtained from the City for such purpose.
(1995 Code, § 8.20.140) (Ord. O-2001-22, passed 9-24-2001)
§ 97.27 BUILDING DEBRIS.
   (A)   No person engaged in the destruction, alteration, repair, removal or demolition of any building or other structure whatsoever in the City shall throw, cast or drop, or cause or permit to be thrown, cast or dropped, from any elevation whatsoever, of the building or other structure, into or upon any of the streets, sidewalks, alleys or other public ways of the City, any timber, iron, stone, brick, plaster, shingles, roofing, shavings, chips or other building material rubbish or debris of any kind.
   (B)   Any person engaged in building construction, repair or demolition may lower and remove from the structure any such debris by the careful use of machinery, elevators, pulleys, buckets, baskets, slides or troughs, or other such appliances as may by the Building Inspector be deemed to be the best adopted to ensure against injury and annoyance to the public in the use and enjoyment of the street or place.
(1995 Code, § 8.20.160)
§ 97.28 HEAVY USERS.
   (A)   (1)   New heavy users, after the effective date of this subchapter, shall provide heavy user containers for collection. New multiple-family dwellings with 5 or more dwelling units shall provide heavy user containers for collection. Existing heavy users, as of the effective date of this subchapter, shall provide heavy user containers for collection wherever the City determines it is possible.
      (2)   In the event that the heavy user containers do not prove adequate to accommodate the amount of solid waste generated at a particular property or business, then the property owner shall be required to increase the number of weekly collections at the site or the number of refuse containers for the site.
   (B)   (1)   Heavy user containers shall be located where they are readily accessible from the public rights-of-way. To the maximum extent possible, these containers shall be stored in the rear of each site and placed at least 10 feet from combustible portions of a building.
      (2)   The containers shall be placed on a concrete slab and be shielded from visibility by a solid enclosure and City approved landscaping.
(1995 Code, § 8.20.170)
§ 97.29 INDUSTRIAL AND HAZARDOUS WASTE; REMOVAL BY OWNER.
   Industrial waste and hazardous waste and non-combustible solid waste shall be removed by the owner, occupant, operator or contractor performing the work in compliance with state and federal laws and regulations.
(1995 Code, § 8.20.180)
§ 97.30 ENFORCEMENT OFFICERS AND PROCEDURES.
   (A)   Enforcement of this subchapter may be made by any police officer or code enforcement officer. The officer may issue a warning or a citation to any violators.
   (B)   The citation shall bear a minimum and maximum penalty amount thereon, payable within 7 days of issuance.
   (C)   Failure to pay or appeal the citation issued to the Code Enforcement Board within 7 days shall result in the Code Enforcement Board declaring the citation valid and the maximum penalty amount thereon shall then automatically be assessed.
   (D)   Thereafter, the Code Enforcement Board shall be permitted to file a lien against the subject real estate to secure payment.
(1995 Code, § 8.20.190) (Ord. O-2001-22, passed 9-24-2001)
ANNUAL SOLID WASTE SERVICE CHARGE
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