8.28.100   Container Requirements.
   A.   Container—Usage.
      1.   The city has determined that automatic lift container service will be the regular service for all single dwelling units and multiple dwelling unit complexes (three units or less), except where such service, in the opinion of the Director, is impracticable or not feasible. The Director has the authority to require automatic lift container service at any refuse collection service account within the city, where such designation will benefit the city through more efficient and economic collection services. The city will provide automatic lift containers, unless otherwise authorized by the Director, to all accounts where such service is required.
      2.   Containers, including automatic lift containers, bins and boxes provided by the city, and container/bin enclosures shall be kept in a sanitary condition by property owners and persons in possession or control thereof.
         a.   Containers, including automatic lift containers, bins and boxes provided by the city shall not be overfilled by the user. A container shall be deemed overfull when the material therein extends above the lip of the container and/or the lid is unable to close fully.
         b.   Overfilled containers may not be serviced if, in the opinion of the solid waste operator, servicing of the container could likely result in solid waste material being spilled to the ground or damage to the waste collection equipment. If an overfilled container was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged. The customer must remove any excess material prior to the container being serviced and may call to reschedule service, if required. A fee for additional service shall apply and shall be determined by the Director.
      3.   Ashes placed in containers, bins or boxes shall be wet down thoroughly by owners at least one day prior to placing them in a container for collection as a protection to city employees and city equipment.
      4.   Except for foodwaste placed in an organics collection container, bin or box, all wet refuse must be bagged.
      5.   Any boxes, barrels, packing or wrapping materials, or empty cardboard containers left upon any public street, alley or sidewalk within the city continuously for a period of six hours or more shall be deemed to be abandoned by the owners and constitute rubbish within the meaning of the term as used in this chapter and shall be subject to be collected and disposed of by the city pursuant to the provisions of this chapter. Cost of disposal shall be charged to the owner.
      6.   The Director may permit containers of different capacity when, in his or her opinion, it is impossible or impracticable, because of location, construction or other physical characteristics of the premises, to comply with the capacity limitations outlined in this chapter; provided further, that in the event the Director so determines, the Director may impose such conditions as he or she may deem necessary to, or convenient upon, the use, location, collection, and physical characteristics of any such containers.
      7.   It is unlawful to have, store, deposit, or keep any waste where rats or any other disease vector can have access thereto or feed thereon. (Prior code § 4034)
   B.   Containers—Types. It is unlawful to keep, place, or deposit garbage on any private grounds or premises whatsoever, except in containers as designated in this section.
      1.   Automatic Lift Containers.
         a.   Only the city-authorized automatic lift containers may be used in automatic lift container service areas.
      2.   Bins.
         a.   The city will collect appropriately designed commercial compactor bins which have a capacity not exceeding 40 cubic yards.
         b.   Non-city provided compactor bins must be compatible with city collection equipment and their use must be approved in writing by the Director.
         c.   The city will provide all non-compactor bins with a capacity of two, three, four, six, eight or ten cubic yards for an appropriate rental fee. Additional bin sizes may be available with Director approval. Privately owned or private hauler provided bins are not authorized for any waste stream or service collected by the city.
         d.   Bins, except for six cubic yard and higher capacity bins, must be on rolling casters for easy mobility unless, upon approval of the Director, they are located where city collections equipment can easily access the bins. Bin and enclosure locations shall be as directed by the city.
         e.   For collection, the area surrounding the bins, the enclosure and the access path to the bins or enclosures must be cleared of obstacles that may block or impair the ability to service the bins. Bins must not be overfull or overweight. In addition, any access gates that would prevent servicing the bin must be opened, or keys or codes provided to the City. The bin shall be placed such that a minimum of two feet of space is available on all sides.
         f.   If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged. The customer must call to schedule additional service, if required. The fees for additional service shall be determined by the Director.
      3.   Boxes (Roll-Off).
         a.   The city will provide regular collection service to customers who own or rent commercial compactor roll-off boxes compatible with city collection equipment. All boxes not rented from the city must be approved by the Director prior to obtaining service.
         b.   All locations for boxes must be approved by the Director.
         c.   Boxes shall not be filled above the top so that they can be easily tarped. Overfull boxes will not be collected.
         d.   Gross vehicle weight for roll-off trucks cannot exceed 52,000 pounds. The maximum safe load weight (material only) to avoid being overweight is seven (7) tons. Boxes which, when filled, exceed the weight limits for gross vehicle weight and individual axle weights established by the state, will not be collected unless and until the excess material and weight is reduced to a safe legal limit by the customer. Additional fees and charges may be incurred for additional trips and/or service.
         e.   For collection, the area surrounding the box must be cleared of any obstacles that may block the box, and the rear doors of the box must be securely closed. In addition, any gates that would prevent servicing of the box must be opened or a key or gate code provided to the City. A clearance of forty (40) feet is required in front of the box to enable collection.
         f.   If the box was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged. The customer must correct the noncompliance and then call to schedule additional service, if required. The fees for additional service shall be determined by the Director.
   C.   Placing Containers for Collection. All regular residential container collection will be provided from the curb. Certain commercial bin and roll-off box service may be authorized by the Director to be collected at other locations. The Director has the authority to determine what sizes of automatic lift containers will be used at any and all locations.
      1.   Container(s) for receiving garbage, rubbish or waste matter must be placed for collection only in the gutter area of a street, not in alleys, on the sidewalk, on a footpath, or on any other public place and only in accordance with rules and regulations established under this chapter for the collection of same.
      2.   Unless otherwise specifically provided in this chapter, any person occupying property upon which refuse or rubble is produced shall place the refuse and/or rubble out for collection in an approved or City provided container, bin or roll-off box. Any container(s) placed for curbside collection shall be placed in the gutter so as to minimize interference with traffic.
      3.   The handles of automatic lift containers shall be placed with the handles away from the truck (toward the sidewalk) for collection. For collection, automatic lift containers shall be within one foot of the curb, two feet from obstructions such as fences, posts and mailboxes, and ten feet from parked cars, boats, trailers, portable sports equipment, and similar obstructions. If there is more than one automatic lift container, then the containers shall be placed at least two feet apart.
      4.   Containers shall be placed at ground level and shall be located such that they will not be a public nuisance, impede traffic, or be in any degree offensive.
      5.   Automatic lift container(s), and any other containers as authorized by the Director, shall be placed for collection no earlier than seven p.m. standard time or eight p.m. daylight savings time, the evening prior to the scheduled collection day, and must be available for collection at curbside no later than six a.m. on the day of collection. The container or containers shall be removed from the curb no later than seven p.m. on the day of collection. Bins and roll-off boxes placed curbside for collection (except for temporary service) shall meet the time requirement as authorized above, except that they must be available for collection no later than four a.m. on the day of collection, unless otherwise authorized by the Director. Temporary service bins and roll-off boxes may be left at the curb for the term of service.
      6.   All bins (except for temporary service), when not placed out for collection, must be kept on the property in appropriate enclosures meeting design specifications issued by the Director, or in locations approved by the Director.
      7.   It shall be an infraction to have permanent service containers, bins or boxes placed in such a manner that they are easily visible from public right-of-way on days of no scheduled collection. The Director may extend a waiver of this provision upon application from the property owner. A violation of this section shall constitute an infraction.
(Ord. 2018-03, 2018; prior code § 4036)