(a) 
The provisions of this article shall be enforced by the city’s code enforcement officer, code compliance officer, or peace officer. It shall be unlawful for any person to interfere with or hinder city’s code enforcement officer, code compliance officer, or peace officer charged with enforcing the provisions of this article, in the exercise of their duties under this article. Any person authorized to enforce the provisions of this article may issue immediate notice of violation to persons violating any provision of this article and such criminal violations shall be prosecuted in the city’s municipal court and/or other court of competent jurisdiction.
(b) 
It shall be unlawful for any person to intentionally or knowingly discard, deposit or dispose, or allow or permit the discarding, depositing or disposal, of litter, garbage, trash, debris or other solid waste upon any public or private property which is not a solid waste disposal site or dumpster approved by the city or the state.
(c) 
It shall be unlawful for any person to intentionally or knowingly allow or permit another person to discard, deposit or dispose of litter, garbage, trash, debris or other solid waste on real property which such person owns, occupies or is in control of, unless such real property is a solid waste disposal site or dumpster approved of by the city or the state.
(d) 
It shall be unlawful for any person to intentionally or knowingly fail to remove litter, garbage, trash, debris or other solid waste on real property which such person owns, occupies or is in control of within 48 hours after such litter, garbage, trash, debris or other solid waste has been placed on such real property unless such real property is a solid waste disposal site or dumpster approved by the city or state; provided, however, that it shall be an affirmative defense to the prosecution of an offense under this subsection if the person did not have actual knowledge of the presence of such litter, garbage, trash, debris or other solid waste on such real property.
(e) 
Any person who violates any of the provisions of subsections (b), (c) and (d) of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $500.00 nor more than $2,000.00, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(f) 
The owner of the real property is the primary responsible party for duties, obligations and for any violation committed herein. An employee of the owner shall not be held responsible for violations of this article if the employee provides the city with the name, address and telephone number of the owner. If the property owner is out of state, the employee or management company is considered the agent for service of citation and service upon said agent has the same legal effect as service on the owner for purposes of fines against the owner or property, including a warrant or capias.
(g) 
In the event of nonpayment of the assessed fees on a commercial or industrial unit’s account, or if the water has been turned off for nonpayment, the city or contractor may have the container removed in accordance with city policy and procedures. In the event the container is removed for nonpayment, the commercial or industrial customer may be assessed fees in accordance with city policy.
(h) 
The penalties and remedies stated herein are non-exhaustive and nothing herein shall prevent or preclude the city from taking all appropriate action allowed by law, including but not limited to injunctive relief.
(1998 Code, sec. 62-1; Ordinance 2009008, sec. 2 (62-1), adopted 5/5/09; 2013 Code, sec. 46-1)
To the extent a fine to be imposed for an offense committed under this article does not exceed $500.00, and unless otherwise specifically set forth herein or in state law as adopted, allegation and evidence of a culpable mental state is not required for the proof of an offense set forth in this article.
(1998 Code, sec. 62-10; Ordinance 2009008, sec. 2 (62-10), adopted 5/5/09; 2013 Code, sec. 46-10)
(a) 
Upon the failure of any person to remove litter, garbage, trash, debris or other solid waste which has been deposited on real property within the city which is owned, occupied or controlled by such person, the city may cause the removal of such offending matter if:
(1) 
The person gives written consent and authorization for such removal; or
(2) 
The city manager determines that the offending matter constitutes an immediate health hazard.
(b) 
The provisions of this section shall be cumulative of other provisions of law and city ordinances and shall not be constructed to replace, repeal or otherwise diminish the city’s authority to enforce the provisions of other laws which relate to the accumulation of trash and debris or the maintenance of a nuisance on private or public property.
(1998 Code, sec. 62-2; Ordinance 2009008, sec. 2 (62-2), adopted 5/5/09; 2013 Code, sec. 46-2)
Should it be necessary to remove the containers and/or any waste from a customer’s property, the city and/or the contractor has a right of entry to the property in order to collect any waste in accordance with applicable law.
(1998 Code, sec. 62-3; Ordinance 2009008, sec. 2 (62-3), adopted 5/5/09; 2013 Code, sec. 46-3)
(a) 
All residences, institutions and commercial establishments or units within the city shall be required to make use of the refuse collection, removal and disposal service offered by the city through the waste management franchisee or interlocal agreement authorized by the city to provide such service.
(b) 
It shall be a violation of this article for any person with care, custody or control of a residence, institution or commercial establishment to use a refuse or solid waste collection, removal or disposal service other than that offered by the city through a waste management franchisee or interlocal agreement.
(1998 Code, sec. 62-4; Ordinance 2009008, sec. 2 (62-4), adopted 5/5/09; 2013 Code, sec. 46-4)
It shall be unlawful for any person to collect or remove solid waste within the city unless such person is an employee of the city or authorized contractor.
(1998 Code, sec. 62-5; Ordinance 2009008, sec. 2 (62-5), adopted 5/5/09; 2013 Code, sec. 46-5)
All residential units within the city shall subscribe to the residential solid waste collection service. This service provides for collection of solid waste stored in authorized private receptacles as stated herein and pickup of bundled yard waste or trash.
(1998 Code, sec. 62-6; Ordinance 2009008, sec. 2 (62-6), adopted 5/5/09; 2013 Code, sec. 46-6)
All commercial and industrial units shall subscribe to the solid waste collection service with the contractor that consists of scheduled pickup of waste from containers sized to meet the needs of the customer, as determined by the city or contractor.
(1998 Code, sec. 62-7; Ordinance 2009008, sec. 2 (62-7), adopted 5/5/09; 2013 Code, sec. 46-7)
It shall be unlawful for any person, other than an authorized employee of the city, and/or the contractor, to collect, take, remove, tamper with, interfere with, scavenge from, carry away or otherwise disturb garbage or trash which has been placed for collection at any authorized recycling site operated by the city or in any container on public or private property as provided by this article, and any such prohibited action shall constitute a violation of this article and subject the violator thereof to the penalties set forth in this article.
(1998 Code, sec. 62-8; Ordinance 2009008, sec. 2 (62-8), adopted 5/5/09; 2013 Code, sec. 46-8)
It shall be unlawful for any person to utilize garbage receptacles of another owner, including but not limited to polycarts, front-loader containers, roll-off containers, recyclable containers, and all other containers used by the contractor in the collection of solid waste.
(1998 Code, sec. 62-9; Ordinance 2009008, sec. 2 (62-9), adopted 5/5/09; 2013 Code, sec. 46-9)