[Ord. 2545, 8-16-2011]
(a) 
The town will provide a dwelling with the use of a refuse bin and a recycle bin, in accordance with the following table:
Dwellings
Refuse Bins
Recycle Bins
1
1
1
2
2
2
3
3
2
4
3
3
5
3
3
(b) 
Dwellings situated in a building containing business premises will be provided the use of Bins, unless the number of dwellings in such a building exceeds five. The business shall not use the bins under any circumstances. If the business is found to have used, or to be using, one or more of the bins, the town may suspend collection service to the entire building until the business has provided proof, in form satisfactory to the Recycling Coordinator, that arrangements have been made for continuous, safe storage and removal of solid waste, refuse and recyclables.
(c) 
Connected or adjacent buildings are considered to be one for the purposes of this ordinance where there is internal communication between units or where they are operated or used in combination.
(d) 
The owner or occupant shall not place any materials into a bin in excess of its size, load or weight limitation. The owner or occupant shall place garbage into plastic bags before placing the materials into the refuse bin. The plastic bags shall be of sufficient gauge to prevent easy tearing.
(e) 
No person, except the town or its contractor, shall have any property or ownership right in any bin. The town may remove, change or substitute any bin, in its absolute and sole discretion.
(f) 
No person shall destroy, discard, lease, rent, harm, sell, trade, remove, lend or alienate any bin. If a resident sells his house or vacates an apartment, all bins must remain with the property. In the event that one or more of the bins are not left for use, the new homeowner or the landlord, at their sole cost and expense, shall immediately purchase from the town the requisite bins.
(g) 
Bins shall be used and maintained in good condition and good working order by the occupant or property owner. The occupant or owner shall report bins that have been damaged through negligence or act of the owner or the occupant, or through vandalism, to a town Recycling Coordinator. The cost for bin repair or replacement shall be the homeowner's sole responsibility.
(h) 
Each occupant or owner shall close the lid upon placing the bin on the curbside.
(i) 
For refuse and recyclable collection, each owner or occupant of a dwelling shall care for and use bins under the following requirements:
(1) 
No person shall set out recyclables or refuse for collection except in an appropriate bin.
(2) 
No person shall set out for collection recyclables or refuse that cannot be reasonably contained in a bin.
(3) 
No person shall set out a bin for collection at any place other than the tree lawn in front of the property or at another designated place as set forth in Subsection (g) hereof.
(4) 
No person shall set out any bin earlier than 12:00 noon on the day preceding a regular collection day.
(5) 
No person who has set out a bin for collection shall fail to remove it from the tree lawn or other designated place for waste collection no later than 12:00 noon on the day following the date of collection. During snowstorms, the bins shall be removed as soon as possible.
(6) 
The owner or occupant of any dwelling shall maintain the tree lawn of the premises, or other designated place for bin placement, in such a way that bins may be placed and collected, and keep such area free from any refuse, solid waste or recyclables, except that it shall not be a violation of this section if:
a. 
The bin is found on the tree lawn or other designated place for waste collection not earlier than noon the day before a regular collection day; and
b. 
The bin is removed from the tree lawn or other designated place for collection no later than 12:00 noon on the day following the date of collection.
c. 
The Town Manager or his designee may issue rules consistent with the requirements of this chapter to establish designated places for waste collection.
(7) 
The owner or occupant of any dwelling shall clear, and keep clear snow, and other obstructions, from around the bin in such a way as to comply with Subsection (j) hereof and to permit the free operation of the collection process.
(8) 
As used in this section:
a. 
The phrase "tree lawn" means the area between the curb and the sidewalk or the area between the curb or street line and property line if there is no sidewalk.
b. 
The phrase "another designated place for waste collection" or "other designated place for waste collection" means an alleyway adjacent to the property if waste collection occurs there, and also means any other place designated for waste collection pursuant to rule of the Recycling Coordinator.
(9) 
Except during collection times, bins shall be located on the property or premises of the person producing such refuse outside of the public right-of-way for any street, in such areas so as to be secure and free from the potential for damage due to weather, accident or vandalism. At no time shall the bin placement restrict or interfere with the free flow of traffic and pedestrians on any public way or public sidewalk.
(10) 
Bins placed "curbside" for collection shall be located such that their front edge shall be not more than 18 inches away from the road edge, and in such a place where access from automated equipment will not be blocked or impeded (i.e., the collection bin is blocked by a vehicle, snow bank, or otherwise inaccessible from the street).