§ 729-5. Waste Containers; Requirements.

(a)

Acceptable Waste Containers. Only the following types of containers may be used for waste collection by the city:

1)

Containers provided by the city; or

2)

Wheeled containers that are compatible with the city's semi-automated lift systems, have tight-fitting lids, are of substantial construction and water tight, and are authorized by the director of public services or his or her designee as an acceptable waste container; or

3)

Other containers, including plastic bags, specifically approved by the director of the department of public services or his or her designee for use by a particular dwelling that has been granted an exemption under subsection (b) below.

Waste containers provided to residents by the city remain the property of the city. No person shall intentionally deface, damage, or destroy any city waste container, including without limitation, damaging the container through overloading it.

Containers for waste that is collected by an entity other than the city shall have tight-fitting lids and be of substantial construction and water tight.

A person who violates this subsection (a) commits a Class B Civil Offense under Section 1501-5(b).

(b)

Exemptions. The director of public services or his or her designee may designate a dwelling exempt from the requirements in subsections (a)(1) and (2) above when the director finds that unique circumstances related to the location of the dwelling, such as topography or lack of storage space, make use of such containers impracticable or unsafe. For each exempt dwelling, the director of public services shall specify the alternate types of waste containers, including plastic bags, that must be used by the residents of the dwelling.

(c)

Relocation of City-Provided Container. If the city provides waste containers, each container shall be assigned to a specific address. No person shall relocate a city waste container to an address other than the one to which it is assigned. When a resident vacates the address, the resident shall leave the container at the assigned address.

When filled and set out for collection by the city, waste containers must be easily and readily moveable and capable of being handled by one person.

(d)

Use of Waste Containers. As part of the city's regular waste collection service, the city shall collect only that waste that fits in the containers provided by the city or specifically approved by the director of public services or his or her designee. The city may collect waste that does not fit in the containers provided by the city or specifically approved by the director of public services or his or her designee as a bulk or special collection as authorized by Section 729-93.

(e)

Plastic Bags. Plastic bags or other liners may be used inside containers provided by the city or containers specifically approved by the director of public services or his or her designee. Unless exempt under subsection (b), plastic bags or other liners may not be (i) used to store residential or commercial waste on the right-of-way; or (ii) placed at the curb for collection. Plastic bags shall not be used for yard waste, even if it is commingled with other waste.

(f)

Cleaning Waste Containers. Owners, agents, lessees, occupants and persons in charge of a building or dwelling shall keep all containers used for waste collection clean and disinfected.

(g)

Violation. In addition to any fine imposed by Section 729-99, any person who damages, defaces, destroys, or relocates a city waste container shall be liable to the city for a civil penalty equal to the container's replacement value.

(C.O. 707-3; renumbered to C.M.C. 729-5, eff. Jan. 1, 1972; a. Ord. No. 457-1975, eff. Oct. 24, 1975; a. Ord. No. 343-2004, eff. Oct. 27, 2004; a. Ord. No. 463-2012, § 2, eff. Oct. 7, 2013; Ord. No. 311-2014, § 7, eff. March 1, 2015)