951.02 DUMPING, DEPOSITING, STORAGE OF GARBAGE AND RUBBISH.
   (a)   No person shall dump, deposit or store, or permit to be dumped, deposited or stored, any garbage, refuse, rubbish, litter or other waste material of any kind on any public or private property.
   (b)   Landfilling may be permitted for noncombustible, nonputrescible, nonmetallic, nonsynthetic fill material consisting of loose soil, concrete, asphalt paving materials, stone, concrete blocks and similar solid or inert material upon application to the Zoning Board of Appeals setting forth the landfill conditions, including the purpose and area to be filled, time required, and any other pertinent facts which are the basis for the request. The Board shall have the authority to provide safeguards for the Municipality by designating the length of time of such special permit; the hours and days that landfilling is permitted; prescribing of a fence or watchman; and any other conditions which may be deemed necessary in view of the nature of the individual request.
   (c)   The placing of garbage, refuse, rubbish, litter or other waste material in covered receptacles specifically designed for that purpose shall not constitute the deposit of garbage, refuse, rubbish, litter or other waste material on public or private property, provided such receptacles are regularly emptied and maintained and do not become a nuisance or menace to the public health.
   (d)    Overflowing garbage or refuse containers, scattered garbage, and rubbish piles on premises in the city are prohibited. All garbage rubbish containers and dumpsters shall be covered. Garbage, trash and refuse may not be piled so that it is above the top of the container or stored alongside any container or outside any dumpster enclosure. Premises owners and/or occupants may be cited and are responsible for a violation of this section. The city may remove or cause to remove any garbage or rubbish in violation of this section and the cost thereof shall be assessed to the owner or occupant.
   (e)    Notice of violation, shall be issued in accordance to Section 951.03, and will be given to the owner, occupant, tenant, manager, property manager, rental agency or other responsible person if such persons are readily known. Within any three-month period, the first notice of violation will be sent followed by citation and/or other enforcement action if the violation is not corrected or abated within twenty-four (24) hours of written notice. Additional similar violations within any three-month period will be sent a citation without notice.
(Ord. 103-2020. Passed 10-27-20.)