[HISTORY: Adopted by the Mayor and Town Council of the Town of Brentwood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Weed control — See Ch. 44, Art. I.
Building construction and maintenance — See Ch. 50.
Littering — See Ch. 143.
Nuisances — See Ch. 170.
Streets and sidewalks — See Ch. 261.
[Adopted 2-7-1972 as Sec. 5 of Ord. No. I of the Ordinances of the Town of Brentwood (Ch. 84, Art. II, of the 1986 Code)]
[Added 10-4-1993]
Trash, garbage and refuse shall be collected by the Town from all residential properties within the Town which are used as such, including single-family homes, townhouses and multifamily dwellings with fewer than three units. There shall be no collection by the Town from any other properties located in the Town. The Mayor and Town Council of Brentwood shall set from time to time a schedule setting forth the times, conditions and costs, if any, to the residents of the Town of such trash, garbage and refuse collection. The schedule shall be distributed to the residents of the Town when adopted or amended.
[Amended 4-17-1974]
Each householder shall procure a watertight container with cover, of not more than 30 gallons' capacity, into which shall be placed all solid garbage and organic household refuse. At the time designated for garbage collection, each householder shall place said container and contents, with cover in place, at the property line adjacent to a public street or alley, where it can be collected and emptied. No person or persons shall allow such garbage container to be putrid, offensive or infested with vermin; nor shall any person or persons present any garbage in a leaky container for collection.
At the times designated, each householder may place at the property adjacent to a public street or alley such trash, ashes, tin cans, etc., and such nonputrifying refuse as he wishes to have taken away. Suitable metal containers not exceeding 10 gallons' capacity shall be provided by the householder, or in lieu thereof certain types of trash may be tied in bundles or bunches of such size as will permit convenient loading and handling.
No person, commercial or industrial, shall keep or permit to be kept food scraps, garbage, food cans which contain particles of food or refuse or garbage cans which have in them particles or scraps of food, in any place in the Town of Brentwood, except in a flyproof, rodentproof and animalproof enclosure; and such enclosure shall be kept closed at all times.
[Adopted 5-9-2007 by Ord. No. 2007-03 (Ch. 86 of the 1986 Code)]
The purpose of this article is to protect, maintain and enhance the public health, safety and general welfare by regulating the placement and storage of dumpsters in all residential and commercial areas so as not to create a nuisance or unsightly condition to the general public.
The following definitions shall apply in the interpretation and enforcement of this article:
COMMERCIAL
A use engaged in a business, including but not limited to stores, markets, office buildings, restaurants, nightclubs, shopping centers and theaters.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling, and/or repair.
DEMOLITION DEBRIS
Lumber, pipes, brick, masonry and other materials from razed buildings and other structures.
DUMPSTER
A portable commercially designed large, metal container used for storage and transportation of refuse that has a top, lid(s) and/or side sliding doors which can be closed. The definition shall include drop-off boxes, roll-offs, portable on-demand storage boxes and any other large containers used for handling refuse.
HAZARDOUS WASTE
Explosive material, drugs, poisons, radioactive material, highly combustible material, or any discarded clothing, bedding, dressings and other waste that may be contaminated by products of infection or communicable disease, and any other waste designated from time to time as hazardous by the Town.
PERSON
Any person, firm, partnership, association, corporation, company, organization, trust or estate of any kind.
RESIDENTIAL
Areas within the Town used for habitation.
Unless otherwise regulated or authorized by other Town ordinances, the following regulations shall apply:
A. 
Commercial zoning districts.
(1) 
The unit must be placed on a suitable impermeable area, unless placed on a paved area and out of the public right-of-way.
(2) 
The unit must be screened from view from a public way.
(3) 
Where visible from a public way, screening shall be opaque, either by the use of trees or man-made structures, and maintained in an acceptable condition.
B. 
Residential zoning districts.
(1) 
The unit must be placed on a suitable impermeable area, unless placed on a paved area and out of the public right-of-way.
(2) 
The unit must be screened from view from a public way.
(3) 
Where visible from a public way, screening shall be opaque, either by the use of trees or man-made structures, and maintained in an acceptable condition.
(4) 
The unit shall be prohibited from front yard setback areas, except where there is no side yard space or access to the rear yard.
A. 
It shall be unlawful for any person to throw, deposit or otherwise leave trash in dumpsters that are leased and paid for private use, except by the permission of the owner. This prohibition includes dumpsters on government, private, and public property. Only dumpsters marked "For Public Use" shall be used and it shall be unlawful to import household trash to these dumpsters.
B. 
It shall be unlawful for any person to utilize the dumpster of any other person without the consent of the owner or person having the right to control such dumpster.
C. 
It shall be unlawful for any person to scavenge or remove solid waste from dumpsters. Waste in these dumpsters is the property of the company providing the removal service.
D. 
It shall be unlawful to store hazardous waste in a dumpster in residential and commercial areas.
A. 
All dumpsters shall be kept shut at all times except when loading and unloading, must not leak or overflow, and shall be verminproof and waterproof. Further, the area surrounding the dumpsters must be kept clear of trash and debris.
B. 
Each dumpster shall display one sign, which shall contain the following information:
(1) 
Notice that the unauthorized use of the dumpster is unlawful.
(2) 
Warning that violators will be prosecuted.
A. 
Dumpsters are allowed for the disposal of construction and demolition debris on a temporary basis, exempt from the requirements of § 252-8.
B. 
A permit is required for this use and is obtained as part of an application for a building permit. A fee is required for this permit as outlined in § 252-14. Said permit is valid for 90 days, with renewal necessary for an additional time period as determined appropriate by the Code Enforcement Officer.
C. 
A request for a permit shall be denied for false, misleading or fraudulent statements on an application, if the location of the dumpster presents an unreasonable safety or health hazard, or if the premises have insufficient room for said dumpster.
D. 
The Mayor and Town Council may revoke the permit of any holder who fails to exercise reasonable care in preventing unreasonable safety or health hazards in using a dumpster.
All existing dumpsters in commercial areas shall have six months to comply with the terms of this article. All existing dumpsters in residential areas shall have 60 days to comply with the terms of this article.
Systematic, routine, and random inspection of each and every premises within the Town of Brentwood will be conducted year-round by the Code Enforcement Officer. Any premises found to be in violation of this article shall require abatement and be subject to the penalties as outlined in § 252-15.
A permit fee, as established by the Mayor and Town Council, shall be charged for temporary use of dumpsters in commercial and residential zoning districts.
A violation of this article shall be treated as a municipal infraction. The fine for a first offense shall be $500 and the fine for a second offense shall be $1,000.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).