A.   Applicability; Automated Cart Required: This section shall apply only to collections made by the city or a private contractor working for the city. All garbage and refuse collection services, including all recycling services, provided by the operations division shall be by means of an automated system requiring the use of automated carts. No garbage, refuse, or recyclables will be collected unless deposited in an automated cart.
   B.   Carts Furnished By City: The city will furnish, free of charge for each billing address, one automated cart for garbage and refuse collection and a second automated cart for collection of recyclables, both of which carts will be compatible with the automated collection system. If additional automated carts are needed by the customer to accommodate additional waste, or if more than one dwelling unit is at a single billing address, the customer may obtain additional automated carts at the fee established in title 4, chapter 6 of this code.
   C.   Placement Of Materials:
      1.   Rules Applicable To All Carts: It shall be the responsibility of the customer to place all material for collection within the automated carts provided by the city. All materials to be collected shall be placed inside the automated cart in such a manner that the attached lid closes completely. No cans, boxes, barrels or bundled refuse other than that contained in the automated carts shall be collected or placed on the street. No materials prohibited under section 12-2-3 of this chapter shall be placed in an automated cart.
      2.   Recycling Cart: Only recyclables approved for collection by the director of the public works department shall be placed in a recycling cart. Large boxes, cartons or pieces of corrugated cardboard shall be cut into pieces no larger than two feet by two feet (2' x 2'). Recyclables shall not be placed in separate bags or containers within a recycling cart, but placed loose within the cart to allow for visual inspection of the materials.
      3.   Authority Of Division: In addition to any penalties provided herein, the operations division may refuse to collect any materials set out or placed in violation of this subsection. The operations division may also take the following actions for customer violations of this subsection occurring at least three (3) times within any twelve (12) month period, if notice of the two (2) prior violations was affixed to the cart or otherwise delivered to the customer:
         a.   Overfilled Carts: For carts that are overfilled so that the attached lid will not close completely, the division may replace the cart with a larger cart or deliver an additional cart. Thereafter, the customer will be billed for any additional charges due for the larger or additional carts under the provisions of these ordinances. The customer may reduce the number or size of carts only after a twelve (12) month continuous period without further violations.
         b.   Prohibited Materials: When unapproved or prohibited materials are placed in a cart, the division, in its sole discretion, may remove the cart or carts and terminate services, in whole or in part. If only recycling services are terminated, the customer will continue to receive regular garbage and refuse services, with no reduction in monthly charges, but will not be allowed to obtain another recycling cart for the following twelve (12) month period.
   D.   Collection Day; Placement Of Cart: Automated carts shall be placed at the curbside in the location and position designated by the operator no later than five thirty o'clock (5:30) A.M. on the day of collection. Each automated cart shall be placed at least three feet (3') from other automated carts in order to allow unobstructed use of the collection vehicle lifting mechanism and at least five feet (5') from obstructions such as trees, parked vehicles, or mailboxes, so the collection vehicle can easily approach the cart without risk of damaging surrounding obstacles, the collection vehicle or the automated cart.
   E.   Removal Of Empty Cart: All empty automated carts must be removed from the street as soon as practicable. No automated cart shall be left on the street after the end of the assigned collection day, unless collection has been delayed by the city.
   F.   Serial Numbers; Records: Automated carts shall be assigned to the property owner or utility customer by serial number. A record of the serial number of the cart and the address to which it is assigned shall be kept by the operations division. The cart shall remain at the address assigned and not be moved with the owner or tenant. Periodic inventory shall be made by the operations division to account for the carts. Serial numbers applicable to all carts assigned to each customer will be shown on the monthly utility bill, and will also be depicted on the outside of each cart.
   G.   Ownership; Responsibility: Ownership of the automated carts shall remain in the city. The customer or the owner or occupant of the assigned premises shall at all times be responsible for the safe use and storage of the automated cart while the cart is in his or her possession.
   H.   Reporting And Replacement Of Missing Or Stolen Carts: It shall be the responsibility of the customer to report missing or stolen automated carts. Upon discovering that a cart is missing, the customer shall make a diligent search of the area, using the cart serial number indicated on the monthly utility bill. If it cannot be found, the customer shall report the cart as stolen to the city's police department (OPD), obtain a case number from OPD, and then report the missing cart number and case number to the operations division. Upon completing such procedure, the city will provide a replacement cart to the customer at no charge, unless it is determined that the customer is otherwise responsible for the cost of replacement under the provisions of this chapter.
   I.   Damaged Carts: Damage to the cart caused by hot ashes, clinkers, hot oil or any other material or substance that cuts, melts or ignites the cart shall be paid for by the customer.
   J.   Painting Or Defacing Carts: Automated carts shall not be painted, marked or otherwise defaced; provided, that a customer may repaint a cart using the original cart color in order to cover over the colors of paint, unauthorized markings or graffiti. If a customer fails to restore a cart to its original color and appearance, after being noticed by the operations division, the division may provide a replacement cart and the replacement costs shall be paid for by the customer.
   K.   Vacant Premises: When premises are vacant, the property owner or customer is responsible for placing all automated carts in a secure location to protect against theft or vandalism. If the failure to place any cart in a secure location results in cart loss, theft or vandalism, the property owner or customer shall be responsible for the replacement cost of the cart.
   L.   Cart Replacement Fee: Whenever a customer is required to pay for the cost of replacing any automated cart under the provisions of this chapter, the fee for cart replacement shall be as determined in title 4, chapter 6 of this code. The operations division may require that the fee be paid before a customer receives a replacement cart.
(1979 Code § 8.04.020; Ord. 97-91, 12-16-1997; amd. Ord. 2002-30, 5-7-2002; Ord. 2009-55, 8-25-2009)