§ 51.09 GARBAGE CARTS.
   (A)   Carts provided to be utilized as garbage containers.
      (1)   Required. It shall be the duty of every person owning or leasing a residence or place of business in the town wherein garbage accumulates from anything whatsoever to maintain in a clean and odor free condition a cart provided by the town.
      (2)   Standards. The only container that may be used must be a cart that the town, by and through its third party garbage collection contract, will supply. Plastic garbage bags with tight-fitting tie closures may be used, but shall be placed inside the cart or dumpster with the lids thereof being closed at all times other than when something is being placed in them. Each cart provided by the town will be equipped with convenient handles and wheels so it will be readily moveable by one person. The carts shall be equipped with a tight-fitting lid or cover so constructed that is shall be watertight, fly proof, raccoon proof, and rat proof.
      (3)   Placement for collection. All carts must be put out for collection by 6:00 a.m. on the day scheduled for the collection. All carts must have open access for the trash collectors to retrieve them. For street pick-up, carts shall be set out no more than 24 hours prior to the usual time of collection and shall be removed within 24 hours after collection.
      (4)   For purposes of division (A)(3), set out means the premise owner placing their cart within two feet from the edge of their property by the street or curbside for the pickup of their trash, and removed shall mean the premises owner taking their cart from their set out position and placing the cart within their home or garage for storage. If a homeowner is incapable of storing their cart within their home or garage or it is impractical for the homeowner to store their cart within their home or garage, the cart may be stored outside in a discrete place in close proximity, which shall not be greater than five feet, from the home. A cart shall not be stored or placed in any area that impedes pedestrian or vehicular traffic in a public right-of-way.
      (5)   Reasonable precautions must be taken by customers to protect the carts from the depredations of dogs, cats and other animals to prevent the scattering of the material stored in the cart until collected. At no time shall the cart be removed from its assigned address.
      (6)   Storage of garbage. All garbage, trash or rubbish which accumulates shall be deposited in either a cart or dumpster. The lid to every cart and dumpster shall be kept on and closed at all times other than when placing items in them.
   (B)   Enforcement/fines. Whoever violates any of the provisions of this section shall pay a civil penalty of not more than $100 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. In addition, any abatement procedures provided by law shall be in addition to any penalties prescribed in this section.
(Ord. 8 of 2015, passed 9-14-2015)