8-4-6: OWNERSHIP AND REPAIR OF DUMPSTERS:
   A.   Business Establishment:
      1.   Every person, firm or corporation operating or maintaining a business establishment within the city is required to furnish a receptacle approved by the city manager or his designee as compatible with the trucks authorized to remove the refuse.
      2.   All such receptacles provided for use of patrons shall be manufactured of plastic or metal, constructed in such manner so that trash deposited therein will not escape, and shall be fixed with hinged or swinging doors at the top.
      3.   Every person, firm or corporation operating or maintaining a business establishment within the city shall ensure that waste receptacles placed outside the building are not allowed to overflow resulting in littering the premises or surrounding areas.
      4.   All such receptacles placed outside the building shall be kept in an enclosed or screened in area sufficient to prevent such receptacles from being visible from city streets or residences in order to prevent accumulated garbage and rubbish from spreading through the city and endangering citizen health, and to enhance the city's appearance. Screening in of a receptacle may be accomplished through a full or partial enclosure, a six feet (6') opaque fence at the establishment's property line or between the receptacle and viewer's location, or year-round landscaping maintained to a minimum height of six feet (6'), or by fixing them with hinged or swinging doors at the top. Churches are exempt from this requirement.
      5.   If trash does escape from any receptacle, the business establishment is responsible for clean-up.
      6.   Repair or replacement of the receptacle is required when the city manager or his designee determines that use of the receptacle is either unsafe or unsanitary. When the city requires repair or replacement, the owner of the receptacle shall have the option of repairing or replacing the receptacle, or transferring ownership of the receptacle to the city within thirty (30) days.
   B.   City:
      1.   Following the transfer of ownership to the city, the city shall either repair or replace the receptacle as required and the rightful user shall no longer be responsible for the receptacle. The rightful user shall then pay an additional monthly container charge, which may be fixed by appropriate resolution of the city council from time to time.
      2.   The city manager or his designee may replace the receptacle with one (1) of greater or lesser volume as required by the needs of the business. (Ord. 2001-01-10, 10-1-2001; amd. Ord. 2022-1, 2-14-2022)