(a) Definitions. For the purpose of this section, the following definitions are adopted:
(1) "Rubbish" means solid wastes consisting of both combustible and noncombustible wastes, including but not limited to, paper, wrappings, cigarettes, cardboard, rags and other cloth, leather, bottles and cans, wire, chips, wood, glass, plastics, rubber, diapers, bedding, crockery, and similar materials.
(2) "Garbage" means animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
(3) "Refuse" means all solid wastes except body wastes, including but not limited to, garbage, rubbish, ashes, street cleanings, abandoned automobiles, and solid market wastes.
(4) "Motor vehicle parts" means and includes any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole.
(5) "Scrap metal" means and includes pieces of and parts of steel, iron, zinc, copper, aluminum, or any alloy thereof whether intact or in part, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
(6) "Used building materials” means and includes any materials such as wood, stone, brick, cement block or any combination thereof, used or useful, in the erection of any building structure, which has been used previously for such erection or construction.
(b) Placing of Refuse and Other Materials on Premises Prohibited. Unless otherwise allowed a longer period by law, no person, business, or corporation shall keep, store, place, or allow to remain longer than 14 days, used building materials, motor vehicle parts, scrap metal, refuse, garbage, or rubbish on any lot, lots, or parts of lots, or parcel of land within the corporate limits of the City.
(c) Materials in Building. The provisions of subsection (b) hereof shall not apply to motor vehicle parts which are kept within an enclosed building.
(d) Materials to be Used in Construction.
(1) Notwithstanding the provisions of this section, it shall not be unlawful for any person or persons to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcels of lots when such materials are to be used by the purchaser or owner in construction on the same lot owned or controlled by such person; providing that such materials shall not remain on the lot or parts of lots for a period of more than thirty days unless the construction or erection plan for the use of such used materials has commenced; and providing further that such materials are used or consumed in the construction or removed from the premises within 120 days from the time the materials were first placed on the lot, lots, or parts of lots. However, no person or persons shall move any such used building materials so stored and placed to another location within the City for the purpose of avoiding the intent of this section unless such materials are used within ten days at the lot or lots to which they are removed for the construction of a building or buildings for which permit has been properly issued by the City.
(2) In the event that such building materials are permitted to remain on the premises beyond the periods set forth in the section immediately preceding, the Police Officer shall issue a minor misdemeanor summons as indicated in subsection (m) below.
(e) Collection of Garbage. No person, business, or corporation shall collect garbage within the corporate limits of the City unless and until such person, business, or corporation shall be authorized by the Director of Public Service pursuant to Chapter 739. All such collection shall be performed on the day of the week as established by the Director of Public Service.
(f) Placing Trash on Highways; Public or Private. No person shall place or dispose of or cause or allow to be placed or disposed of any garbage, rubbish, refuse, hazard chemicals, tires, chemical waste, hazardous waste products, motor vehicle parts, furniture, oil, used building materials, scrap metal, or any substance or material which is or may become noxious, offensive, injurious, or dangerous to the public health, comfort, or safety along or near any public road, street, parkway, drive, highway, ditch, or land adjoining any public road or highway or ditch thereof or any park or other property of the City or private property located within the City, except as provided in paragraph (1) or (2) hereof.
(1) Subsection (f) hereof does not prohibit a person from placing any garbage, refuse, rubbish, or waste created or generated upon the premises owned or controlled by him in containers or receptacles upon the premises for the collection and disposal thereof.
(2) Subsection (f) hereof does not prohibit a person from placing any garbage or waste generated on the premises in containers or receptacles provided on public property for the collection and the disposal of garbage or waste.
(g) All rubbish, refuse, garbage, used building materials, motor vehicle parts, scrap metal, and other waste shall be temporarily stored out of the view of the right-of-way until removed from the premises.
(h) All rubbish, refuse, garbage, used building materials, motor vehicle parts, scrap metal, and other waste shall be disposed of in a clean and sanitary manner.
(i) Such rubbish, refuse, garbage, and other waste, excluding recyclable waste containers, shall be stored in either containers with tightly fitting lids or containers designed for the disposal of such debris.
(j) Items too large to be stored in containers shall be stored out of view of the right- of-way until the day of waste collection.
(k) All receptacles for rubbish, refuse, garbage, and other waste, if placed within the street right-of-way for collection service, shall remain in that area no longer than 24 hours from the day for collection as scheduled by the Director of Public Service, within a seven-day period.
(l) Any rubbish, refuse, garbage, and other waste remaining after collection by the trash hauler shall be cleaned up or removed the same day as the scheduled collection.
(m) Notice and Penalty. A Police Officer or Auxiliary Police Officer, if so designated with such authority by the Chief of Police, shall, upon observing a violation of this section, issue a minor misdemeanor summons to the owner, occupant, or person having charge of the premises. Whoever violates subsection (b) or (d) through (l) hereof is guilty of a minor misdemeanor for each offense. Each day a violation occurs shall constitute a separate offense. Additionally, a violation of any subsection herein shall constitute a nuisance and shall be subject to any civil remedies available under the law.
(Ord. 50-2005. Passed 6-23-05.)