(a) Except as permitted within subsection (b) hereof, no owner or occupier of any multifamily residential structure or commercial structure within the City shall place or store, cause to be placed or stored or permit to be placed or stored, garbage or rubbish or any receptacle containing or designed to contain garbage or rubbish, including but not limited to dumpsters, garbage cans and rubbish cans, within any of the following areas of the property or establishment:
(2) Any area not defined as a setback, but which nevertheless directly abuts a public street;
(3) Any area of the public right of way
(b) Any owner or occupier of single family or multi-family residential structures within the City may place, cause to be placed, or permit to be placed, garbage or rubbish receptacles as defined in subsection (a) hereof, within the public right of way; provided that such receptacles are placed within a treelawn or other suitable area within the public right of way; and further provided that such receptacles are so placed no earlier than upon the evening preceding collection by the City of the street which the treelawn or other area abuts, and removed from the area no later than by 10:00 p.m. of the date of collection.
(c) Any owner or occupier of property within the City may apply to the Director of Public Service for a permit to be exempted from the provisions of subsection (b) hereof on the basis of hardship.
(d) The provisions of subsection (b) hereof shall not be construed to apply to the placement of brush or leaves within treelawn or other suitable areas of the public right of way.
(e) A violation of either subsections (a) or (b) hereof is a minor misdemeanor, and each day during which such a violation continues shall constitute a separate offense.
(Ord. 2012-5. Passed 2-21-12.)