§ 51.03 ERECTING FENCES AROUND GARBAGE CONTAINERS.
   (A)   Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GARBAGE. Every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of, meat, fish, fruit, or vegetables.
      RUBBISH. Waste material and refuse of every character collected or accumulated within the city, except garbage, and shall include, but is not limited to, grass, leaves, sticks, tree branches, stone, concrete, boards, glass, used furniture or household appliances, cans, paper, cardboard, and packing material.
   (B)   Disposal. No person shall dispose of or dump garbage or rubbish upon the streets of the city or upon any public or private premises other than those duly designated for such purpose unless by special permission of the City Council.
   (C)   Containers. No person shall fail to place garbage and rubbish in plastic garbage bags to assist in the reduction of odors and unwanted pests before such garbage and rubbish is placed in containers of the type and size as may be necessary to ensure that such garbage and/or rubbish cannot be blown by the wind so as be scattered or cause clouds of dust or pa1iicles. No person shall permit the escape of soot, ashes, or other solid products or results of combustion so as to allow such to be wind-blown or scattered.
   (D)   Dumpsters. No person or business that on a weekly basis disposes of garbage and/or rubbish in quantities of greater than four 96-gallon carts shall fail to use a dumpster of appropriate size.
   (E)   Fences.
      (1)   No person shall fail to enclose a dumpster within a fence which completely obstructs it from public view except when a gate in the fence is open during normal dumping into or collection from the dumpster. Such fence must be:
         (a)   An evergreen hedge with a chain link fence not less than six feet in height; or
         (b)   A fence of non-deteriorating material not less than six feet; or
         (c)   A masonry wall not less than six feet in height;
         (d)   A treated wood privacy fence not less than six feet that is well maintained on the property.
      (2)   The requirement set out hereinabove in this section shall not apply regarding any dumpster on real property that does not adjoin real property zoned Residential.
   (F)   Civil offense. Violation of this section shall constitute a civil offense.
   (G)   Effective date. A person with a dumpster upon the effective date of this section which is not enclosed so as to meet the requirements of division (E) above and which is not exempt from those requirements shall be allowed up to six months from the effective date of this section to comply with the requirements of division (E) above.
(Ord. 018-269, passed 10-8-2018)