It shall be unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as hereinafter provided.
(A) Solid Waste: It shall be unlawful for any person to keep, accumulate or permit to be kept or accumulated any solid waste upon any lot, or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept in a suitable container. A "suitable container" shall meet one of the following criteria:
1. Either it shall be a container having a capacity of not less than five (5) gallons, and not to exceed thirty (30) gallons, said receptacles to be provided with a close fitting lid or cover, which shall be kept closed at all times, except when necessarily opened to permit solid waste to be taken therefrom or deposited therein; or
2. If the City Council by resolution shall adopt a policy of pursuing the automated collections of solid waste, it shall be a container which is either provided for the purpose by the contract agent or a container which has been approved in advance by the contract agent.
(B) Placement Of Receptacles On Streets/In Alleys: Waste containers shall be stored at a location on the premises no closer to public rights-of-way, including but not limited to any street or alley, than the applicable structural setback line(s) set forth in the zoning ordinance of the City; and shall be visually screened from the adjacent streets, alleys and premises. Containers shall be placed for collection on the street side of the curb, or in the alley no sooner than five o'clock (5:00) A.M. on the scheduled day of collection and shall be returned from the collection location to the storage location no later than ten o'clock (10:00) P.M. on the scheduled day of collection.
(C) Misplacement Of Solid Waste Prohibited: It shall be unlawful for any person to throw, dump, place or deposit, or cause to be thrown, dumped, placed or deposited any solid waste upon the premises or property of another, with the intent to thereby dispose of such solid waste.
(D) Consented Misplacement Of Solid Waste Prohibited: It shall be unlawful for any person to consent to any other person dumping, placing, or depositing upon the premises of the person giving such consent, of any such solid waste with the intention that the same will thereby be discarded and disposed of.
(E) Recycling Program And Organics Pick Up Program: Notwithstanding any other provision of this chapter, it shall be appropriate, and mandatory, for any person to participate in either the Recycling Program or the separate Organics Pick Up facilitated by and through the City and the contract agent. The provisions of the programs shall be as follows:
1. The collection of dry recyclables shall be by a service schedule separate from those for the pickup of solid waste and organics;
2. The Recycling Program shall commence on July 1, 1992;
3. Individual and unusual problems presented by any customer shall be considered by the contract agent, including parking conflicts, with the provision of the service;
4. The Organics Pick Up Program shall commence on July 1, 2017.
(F) Administrative Citation: The City retains the right to issue citations and levy a fine, the amount of which is determined by resolution, or by this Code, against any person who fails to comply with any provision of this chapter, including but not limited to the following provisions:
1. It shall be unlawful for any person utilizing the Organics Pick Up Program, to fail to sort the organics from solid waste and dry recyclables, and unlawful to fail to put the organics in the separate container provided for such purpose by the contract agent;
2. It shall be unlawful for any person utilizing the Recycling Pick Up Program to fail to separate the dry recyclables from solid waste and organics, and it shall be unlawful to fail to use the container provided for such purpose by the contract agent;
3. Any waste generator that chooses not to participate in the Recycling Program shall provide, individually, for the recycling of his own dry recyclables by transporting them personally (or by his or her employee) to an authorized recycling station, selling them to a third party for a net payment to such waste generator, or by donating them to a youth, civic or charitable organization, but he shall not, in any event, discard into the City's waste stream what would have been dry recyclables, as if they were non-recyclable solid waste;
4. Except for the contract agent and its officers, agents and employees, it shall be unlawful for any person to pick up, collect, take, appropriate, or remove any solid waste, organics or dry recyclables from any container after it has been placed at the collection point by the customer or resident or placed into any receptacle maintained by any multi-family residence, apartment building, mobile home park, motel, hotel, assisted living facility, restaurant or other place of business, or industry within the City.
The above mentioned premises and property refers to that contained within the corporate limits of the City.
It shall be unlawful for any person to place, put, deposit or burn any solid waste, or cause the same to be placed, put, deposited or burned in or upon any public street, park, lane, place or alley in the City. (Ord. 2017-1, 6-19-2017)