[Adopted 4-23-1957 by G.O. No. 17-1957]
[Amended 7-3-1973 by G.O. No. 6-1973; 6-14-2022 by Ord. No. 7-2022]
A.
It shall
be the duty of every owner, tenant, lessee, occupant or person in
charge of any building or structure used in whole or in part for dwelling
purposes, except where the partial use of such building or structure
is incidental to the carrying on of a business, industrial, manufacturing
or other establishment therein conducted for profit, or in charge
of any building or structure used exclusively as a hospital, orphan
asylum, home for the blind, home for the aged or indigent, convalescent
home, educational institution or for religious purposes by a corporation
or association organized for one or more such purposes, provided that
no officer, member or employee of such corporation or association
is receiving or is entitled to lawfully receive any pecuniary profit
from the operation thereof, except reasonable compensation for services
rendered, to provide and cause to be kept and provided for the exclusive
use of such building or part thereof a sufficient number of receptacles
to accommodate all accumulations of garbage, waste, refuse and ashes
between collections, in the manner set forth in this article. In the
event that plastic bags are used as receptacles, they must be securely
packed and fastened so there is no spillage of any kind therefrom.
B.
It shall
be the duty of any owner, lessee or person, firm or corporation in
control of any business, industrial, manufacturing or other commercial
activity to provide receptacles that are made of heavy-duty plastic
and a nonremovable lockable lid in sufficient number to accommodate
all accumulations of garbage, waste, refuse and ashes between collections.
This shall not apply where a dumpster or other roll-off type receptacle
is utilized.
[Amended 7-3-1973 by G.O. No. 6-1973; 4-11-1978 by G.O. No. 5-1978; 6-12-1990 by G.O. No. 2-1990[1]]
All garbage deposited in receptacles shall be securely wrapped.
All receptacles containing garbage shall be tightly covered at all
times. No receptacle shall be filled to a greater height than a line
within such receptacle three inches from the top thereof, nor shall
any such receptacle, when filled, contain more than two cubic feet
of material nor weigh more than 50 pounds, except as may be authorized
by the Commissioner of Public Works. Every such receptacle shall be
kept at all times in a condition satisfactory to the Department of
Public Works.
[Amended 7-3-1973 by G.O. No. 6-1973]
On regularly scheduled daytime or nighttime collections, all
such receptacles shall be placed by the owner, tenant, lessee, occupant
or person in charge of any such building or structure at the curb
immediately in front of the premises upon which the building or structure
is located and, after the contents thereof have been collected by
the Department of Public Works, shall be thereafter removed from the
curb by such owner, tenant, lessee, occupant or person in charge of
the building or structure within eight hours after such collection.
For regularly scheduled daytime collection, receptacles or acceptable
trash bags will not be placed at the curb or on the sidewalk or street
before sundown of the evening prior to the collection; and for regularly
scheduled nighttime collection, receptacles or acceptable trash bags
will not be placed at the curb or on the sidewalk or street before
12:00 noon of the night of the collection.
[Amended 8-13-1970 by G.O. No. 26-1970; 7-3-1973 by G.O. No. 6-1973; 6-12-1990 by G.O. No.
2-1990]
A.
No residential collections will be made from receptacles that are not made of metal, plastic or other suitable material, including heavy trash bags approved by the Commissioner of Public Works. However, the use of canisters in excess of the volume and weight set forth in § 91-17 hereof is authorized upon approval by the Commissioner of Public Works.
B.
Except as may be provided pursuant to Subsection C of this section, no collection of ashes, garbage, refuse or other waste of any kind or description, including trade waste, will be made by the Department of Public Works from any business, industrial, manufacturing or other establishment conducted for profit.
[Added 6-2-1990 by G.O. No. 2-1990[1]]
A.
Any owner, lessee or person, firm or corporation in control of any
business, industrial, manufacturing or other commercial activity shall:
(1)
Remove and dispose of all garbage and waste at his, its or their own cost and expense by arranging for removal and disposal with a private garbage collector licensed pursuant to Article I of this chapter.
(2)
Post a sign which states clearly and legibly the trade or business
name, address, telephone number and the days and time of the pickup
by the private carter serving the establishment. Such sign shall be
displayed by affixing it to a window near the principal entrance to
the commercial establishment so it is visible from outside the building.
B.
Any two or more commercial establishments which generate less than
20 gallons of garbage within seven consecutive days may jointly and
collectively arrange for removal and disposal of garbage with a single
private collector, so long as:
(1)
The removal and disposal agreement designates a single collection
point which is within walking distance of the commercial establishments
and which does not pose any risk to the public health or violate applicable
health laws and regulations; and
(2)
The Department of Public Works is notified of the terms of the agreement,
the names of the parties involved and the collection point within
30 days of the creation of the agreement.
C.
Any owner, lessee or person, firm or corporation in control of any business, industrial, manufacturing or other commercial activity may be granted a waiver from complying with Subsection A or B of this section by the Mayor. This waiver will be granted only upon a showing that the garbage or waste is being disposed of by the owner in a manner acceptable to the City and in accordance with all applicable local, state and federal laws, rules and regulations. Once granted, this waiver may be rescinded by the Mayor at any time if it is determined by the Department of Public Works that the owner is not disposing of the garbage or waste in accordance with this section.
The Commissioner of Public Works and the Commissioner of Public
Works are authorized to adopt such regulations as they may deem reasonable
to be required to carry out the provisions of this article and may
grant such waivers of the provisions thereof as may assist in the
enforcement of the general purposes of such provisions. Any such regulations
shall be published once in the official newspapers of the City before
becoming effective.
Where the Commissioner of Public Works or the Commissioner of
Public Works is of the opinion that a receptacle is unsatisfactory
for the purpose of this article, he may, after notice in writing to
the owner thereof, cause the receptacle to be destroyed.
[Amended 10-27-1964 by G.O. No. 59-1964; 11-10-1970 by G.O. No. 36-1970]
The Commissioner of Public Works may, in his discretion, make
reasonable rules and regulations providing for the removal from premises
of receptacles containing waste matter described in this article and
for the return of such receptacles after such waste matter has been
removed therefrom. In no event shall any receptacle be removed from
the interior of any building or structure.
[Amended 10-27-1964 by G.O. No. 59-1964; 8-13-1970 by G.O. No. 26-1970; 11-23-1976 by G.O. No.
21-1976; 7-28-1983 by G.O. No. 13-1983; 6-12-1990 by G.O. No. 2-1990; 5-28-1991 by G.O. No. 10-1991]
The fees authorized in this chapter shall be as follows:
All moneys received by the Comptroller for the aforementioned
service shall be credited to the revenues of the Department of Public
Works and shall be available for the payment of the salary, wages
or compensation of persons employed in carrying out such special services.
All service charges or fees paid in advance shall not be refunded,
in whole or in part, except in a case of duplicate payment or for
service canceled by the City at the discretion of the Commissioner
of Public Works.
[Added 6-13-1972 by G.O. No. 5-1972]
It shall be the duty of the Commissioner of Parks, Recreation
and Conservation to provide for the collection of all garbage and
refuse accumulated in City-owned parks and recreational facilities
and to place said garbage and refuse in suitable receptacles, as defined
in this article, at the curb immediately in front of the said park
or recreational facility; and after the contents thereof have been
collected by the Department of Public Works, said Commissioner shall
provide for the removal of the receptacles from the said curb on the
same day; and it shall be the duty of the Commissioner of Public Works
to provide for the collection of said receptacles from the curb immediately
in front of a City-owned park or recreational facility.
