§ 53.99 PENALTY.
   Violation of the following shall be a Class C misdemeanor.
   (A)   Unauthorized use of containers. It shall be unlawful for any person, other than the owner or occupant of the premises for whom the container has been furnished and who is currently paying a garbage pickup charge, to place anything in such container.
   (B)   Obstruction of container; burning in container; defacing or posting signs on containers.
      (1)   No person shall obstruct a commercial-type container by parking in front of the container, or obstruct such container in any manner where such obstruction would interfere with the servicing of such container.
      (2)   It shall be unlawful to make a fire or burn any material in a sanitation container furnished by the city or its exclusive franchise hauler, or to paint or mark upon or to place any poster, placard or sign upon the container.
   (C)   Disposal of waste originating outside city limits. It shall be unlawful to bring into the city limits any trash, garbage, refuse or unwanted material with the intention of disposing of such refuse.
      (1)   Upon the first conviction of violation of this division (C), the person shall be fined $500 for each such violation.
      (2)   Upon the second conviction of violation of this division (C), the person shall be fined $1,000 for each such violation.
      (3)   Upon the third and subsequent convictions of violation of this division (C), the person shall be fined $2,000 for each such violation.
   (D)   Securing of loads. Should any person haul trash or garbage to a landfill or a dropoff station, that person shall prevent any garbage or trash from falling onto any street, alley or thoroughfare in the city. All loads of loose material shall be covered, enclosed or secured in such a manner so as to prevent such material from blowing or falling upon public roadways en route.
   (E)   Scavenging of materials prohibited.
      (1)   Municipal solid waste placed at the curb or at an authorized approved collection point or in the sanitation container becomes the joint property of city, the authorized franchise hauler and the resident producing the waste. Once collected, the municipal solid waste becomes the sole property of the city and/or the authorized franchise hauler.
      (2)   It shall be unlawful, without the effective consent of the owner, for any person other than the owner, to remove any material from any receptacle, bag or sanitary container, or to remove the bag, receptacle or sanitary container itself.
      (3)   Each removal of an item or items from any residential or commercial location shall constitute a separate violation of this section. Unauthorized persons removing materials or containers other than those persons designated by the city to remove such materials shall be fined as follows.
         (a)   Upon the first conviction of a violation of this division (E), the person shall be fined a minimum of $50 for each such violation.
         (b)   Upon the second conviction of a violation of this division (E), the person shall be fined a minimum of $200 for each violation.
         (c)   Upon the third and subsequent convictions of a violation of this division (E), the person shall be fined a minimum of $400 for each such violation.
(1998 Code, § 102-25) (Ord. 95-17, passed 11-15-1995; Ord. 11-31, passed 9-21-2011; Ord. 12-13, passed 4-4-2012)