521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (a)   No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
   (b)   No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of other or of the public, or unlawfully obstructed, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(Ord. 43-04. Passed 12-29-04.)
   (c)   All garbage shall be placed in sealed plastic bags with a maximum capacity of 40 gallons or 11 pounds and placed within a metal or plastic can or barrel with two handles and tightly fitting lids. Rubbish and refuse shall be enclosed in a sealed container or bags. Garbage, rubbish and refuse properly enclosed in sealed bags and containers as applicable shall be deposited on or near the predesignated location practical for removal, by an authorized hauling service no sooner than 24 hours prior to the scheduled pickup. Any containers remaining after the collection of the garbage, rubbish or refuse shall be removed from the designated location and placed neatly at the side or rear of the premises no later than midnight of the day of collection. (Ord. 27-13. Passed 10-28-13.)
   (d)   All dumpsters located in the municipality shall be at least ten (10) feet from street, alley or roadway. Dumpsters must have lids and all lids must be closed flush with the top of the dumpster, except when garbage, rubbish, refuse and other waste material are being deposited or removed for disposal.
   (e)   No occupant or owner shall permit or maintain any nuisance by the accumulation on any improved or vacant premises in the municipality any lumber, boxes, barrels, stones, bricks, masonry, logs, sticks, brush, weeds, leaves, grass, firewood or similar materials, unless the above are stored in a structure or building on such premises that does not afford harborage for rodents or become a fire hazard.
   This section does not prevent persons from storing building or construction materials for periods of not more than thirty days.
   (f)   In the event the owner does not correct any violation of subsection (a) and (b) hereof to the satisfaction of the Municipal Manager, within five days’ written notice to do so, then the Manager is authorized and it is declared to be his duty to have enforced the provisions of this section, and to cause the removal of such trash, garbage, waste, rubbish, refuse or other noxious or offensive materials or substance.
   (g)   Whenever any trash, garbage, waste, rubbish, refuse or other noxious or offensive material or substance is removed by the Municipality, the Municipality shall give five days’ notice by regular mail, to the owner of such lot or parcel of land, at the last known address as set forth in the County Treasurer’s Tax Records, to pay the cost of such removal. Said notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within thirty days after the mailing of such notice, then the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
   (h)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree. Each day of violation or each repeated violation shall constitute a separate offense.
(Ord. 43-04. Passed 12-29-04.)