941.12 COMMERCIAL ESTABLISHMENT CONTAINERS.
   (a)   The owner of any commercial establishment shall not be required to comply with Section 941.05 or 941.06, but shall provide for the disposition of such solid waste in such manner as not to violate any provision of this chapter, other ordinance or regulation of the City including the anti-litter regulation of Section 503.08 of the Codified Ordinances, and screening requirements of Section 1160.03 of the Codified Ordinances. The owner of any residence shall be required to comply with Sections 941.05 and 941.06, and all other sections contained herein which apply to residential solid waste disposal. Excepting, the collective owners of more than three such dwelling units with common walls may at their option be considered; 1) residences with each occupant receiving service under Sections 941.05 and 941.06, or 2) commercial establishments and opt-out of residential service with services then to be provided under Section 941.12 with costs to be borne by the resident. Proper “opt-out” forms shall be submitted to and approved by the Department of Public Service.
   (b)   The owner of any commercial establishment shall provide at least one solid-waste container, or as many additional containers as may be required to adequately serve such commercial establishment. The owner shall enter into a private agreement with a contractor for the collection and disposal of its solid waste. Vehicles used for such disposal shall be provided with watertight covers and operated to prevent offensive odors escaping therefrom and solid waste from being blown, dripped or spilled.
   (c)   Solid waste containers shall be equipped with tightfitting lids and the lids shall be kept tightly on the container except when it is being emptied or filled. All containers shall be placed in an area and in such manner as to be accessible for collection.
   (d)   Nothing in this section shall apply to any dwelling or structure equipped with an incinerator or disposal facilities which meet the requirements of the City Building Code.
   (e)   Groups of tenants or owners or both, or one or more commercial buildings may jointly utilize the same solid waste container, provided, that a single owner or tenant of such a group shall be responsible for the maintenance of the container, the upkeep of the grounds it occupies and any other managerial or housekeeping responsibilities.
   (f)   A tenant or owner of a commercial building or a group of such owners or tenants may jointly enter into private agreements with the contractor for the use of modernized devices or other mechanical equipment such as compactors, collection chutes, conveyor belts or the like which are designed to handle the solid waste with improved convenience, economy or efficiency. Where applicable, such arrangements shall be subject to the review and approval by the Municipal Zoning Administrator and/or the Director of Public Service.
(Ord. 27-2021. Passed 6-7-21.)