A. It shall be the duty of every person in possession, charge or in control of any dwelling, flat, roominghouse, apartment house, or eating place or in possession, charge, or control of any shop, place of business, or manufacturing establishment at all times, to keep or cause to be kept, portable containers, carts, or garbage cans of approved size, type, and construction, and to deposit or cause to be deposited the refuse therein.

B. Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes. Such containers, carts, and cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Putrescible waste shall be placed in sealed bags prior to being placed in a cart, container, or can.

C. For residential service every cart on the day designated for collection, shall be placed within five feet (5') of the traveled right-of-way and at least five feet (5') from any obstruction with the front facing the street or alley. Where alley access is available, meaning that the alley has sufficient height and width clearances for the collector of refuse’s equipment to negotiate the alley without interference, all containers shall be placed at the alley line. Where no alley access is available, all containers shall be placed at the curb line on the day designated for collection and on all other days shall be removed from street view. For commercial service, accounts shall have their containers placed on a solid surface in a location accessible to the collector of garbage and refuse without its having to move the container up grades. Safety and maneuverability of the collector of refuse’s vehicles shall be prime considerations, but not the only considerations, in determining accessibility. The Utility Service Supervisor, after consulting with the property owner if required, shall be the determiner of accessibility after conferring with the collector of garbage and refuse. If there is a dispute between the Utility Service Supervisor and the collector of garbage and refuse as to accessibility, the City Manager shall make the determination as to whether a location is accessible. The decision of the City Manager shall be final. Provided there is access to the container, the collector of garbage and refuse shall pick up all commercial accounts where the container is located whether the location is on private or publicly owned property.

D. Each container, cart, or can shall be kept clean inside and out so that no odor nuisance shall exist. It shall be the responsibility of the person using any container, cart, or can to keep them clean unless this responsibility is altered by contract between the City and the collector of garbage and refuse. In such a situation, the contract shall control. The area around the containers shall be kept in a neat and sanitary condition. The Utility Service Supervisor may place tags on garbage containers found to be in violation of this subsection and notify the property owner when the areas around the container are not being kept in a neat and sanitary condition. All tags and notifications shall be dated and signed by the Utility Service Supervisor. Two (2) or more violations of this provision of this section shall subject the person responsible to the penalties described in Chapter 1.08 of this code.

E. Those containers or cans found to be defective or illegal (defective bottoms, crushed so that lids will not fit, fifty-five (55) gallon barrels, waste baskets, paper drums, etc.) or any other containers that are found to be illegal shall be subject to impounding and/or disposal. If a container received two (2) violations within a thirty (30) day period, the Utility Service Supervisor of the City may authorize its destruction or impoundment.

The container or can shall be stored by the City not to exceed ten (10) days. If after ten (10) days the owner has not claimed and agreed to repair the illegal container or can, it will be disposed of by the City. The impoundment of an illegal container shall not relieve the owner from compliance with regulations in this chapter.

F. No garbage or refuse cart, can, or container shall contain earth, rocks, or heavy refuse. Any cart, can or container requiring a person to lift it shall not exceed fifty (50) pounds in total weight of container and refuse.

G. Customers must restrain vicious dogs beyond reach of the garbage containers, carts, or cans and prevent any interference with the pickup person on this account.

H. Large, suitable containers for collection of garbage and refuse may, with the approval of the Utility Service Supervisor, be used in the business and commercial zones. Such containers shall be supplied by the collector of garbage and refuse if the collector of garbage and refuse is so required by his contract with the City, however, that does not preclude any person from owning their own container(s) if they so desire.

I. Compactors for industrial and commercial users shall be designed to be compatible with local sanitation transportation equipment. The Utility Service Supervisor shall approve all compactors used for commercial or industrial uses.

J. All carts, cans, containers, or compactors, shall comply with the Consumer Products Safety Commission laws and regulations. It shall be the responsibility of the account holder assigned any container, or compactor to load it so that it can be legally hauled on public highways by the contractor of garbage and refuse. Containers shall not be loaded heavier than five hundred (500) pounds gross per cubic yard of capacity and in no event more than two thousand (2,000) pounds.

K. It shall be the duty of every person in possession, charge, or control of any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of.

L. No person shall place their garbage, rubbish, refuse, solid waste, or other waste material in the container or garbage can of another.

M. Containers designated for residential use may not be used for any commercial purpose except as may be allowed by this chapter.

N. It shall be the responsibility of each account holder or customer to manage the carts under their custody and control. The repair or replacement of all carts damaged, destroyed, stolen, or lost as a result of the negligence of the account holder or customer shall be billed to the account holder or customer. (Ord. 2736, 11/11/14; Ord. 2702, 2/11/14; Ord. 2298, 3/27/07; Ord. 2157, 3/23/04; Ord. 2063, 5/28/02; Ord. 1128, 1984; Ord. 1014, 1981)