4-4-7: PROHIBITED ACTS AND ACTIVITIES:
   A.   Placement Outside Of Collection Days: It shall be unlawful for any person, firm or corporation to place or deposit in or on any of the public streets, alleys or parks in the city any refuse except on regular refuse collection days and in automated refuse collection containers.
   B.   Prohibited Materials: When unapproved or prohibited materials are placed in a container, the public works director may remove or have removed the container or containers 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 container for the following twelve (12) month period.
   C.   Refusal To Remove Refuse: It shall be unlawful for any person, firm or corporation to permit refuse, swill, rubbish or similar wastes to accumulate or remain on or about the premises, under the control of such person, for such period of time as to become objectionable or unsanitary; and every person, firm or corporation is hereby required to remove, or provide for the removal of, such refuse, swill, rubbish and similar wastes before the same become objectionable or unsanitary.
   D.   Refuse Falling On Streets: It shall be unlawful for any person hauling refuse, rubbish, swill, manure or matter of any kind to permit or allow any such matter to fall upon and remain in any street, alley or park within the corporate limits of the city, or to deposit any such matter at any place except a dumping ground or incinerator as authorized by the city council. It shall be unlawful for any person, firm or corporation hauling or collecting refuse to conduct such operation in such a manner as to cause any unnecessary noise or disturbance.
   E.   Painting Or Defacing Containers: Automated containers shall not be painted, marked or otherwise defaced; provided, that a customer may repaint a container using the original container color in order to cover over the colors of paint, unauthorized markings or graffiti. If a customer fails to restore a container to its original color and appearance, after being notified by the public works department, the department may provide a replacement container and the replacement costs shall be paid for by the customer.
   F.   Vacant Premises: When premises are vacant, the property owner or customer is responsible for placing all automated containers in a secure location to protect against theft or vandalism. If the failure to place any containers in a secure location results in container loss, theft or vandalism, the property owner or customer shall be responsible for the replacement cost of the container.
   G.   Container Replacement Fee: Whenever a customer is required to pay for the cost of replacing any automated container under the provisions of this chapter, the fee for container replacement shall be the current replacement cost of the container.
   H.   Accumulation: All persons, firms or corporations having accumulation of "refuse" and similar wastes, as defined in this chapter, are hereby charged with the responsibility of making proper arrangements for the removal of the same, not inconsistent with the provisions of this chapter; and any person, firm or corporation failing so to do, and permitting the accumulation of the same, shall be guilty of a class B misdemeanor, and in addition, the city council may, in its discretion, arrange for the removal of such accumulated refuse and/or rubbish from such premises, and may charge the costs of such removal to the owner or occupant of the premises on which such accumulation was permitted, such charge to be deemed a debt due the city, and the city may proceed to collect such expenses by legal action in any court of competent jurisdiction if such is not paid promptly on demand. (Ord. 796, 10-4-2011)