This article is adopted for the protection and
promotion of the public health, safety and general welfare of the
community by regulating the storage of garbage and other waste materials
as well as the use and maintenance and operation of bulk garbage containers
referred to herein and commonly known as "dumpsters" and "compactors."
As used in this article, the following terms
shall have the meanings indicated:
ASHES
The residue from fires used for cooking and heating and on-site
incineration.
CONTAINER
Either a dumpster or compactor container used for bulk storage
of garbage and other waste materials that can be hauled directly to
a point of disposal or emptied into a larger container for transport
and disposal.
GARBAGE
Wastes from the preparation, cooking and serving of food;
market wastes and wastes from handling, storage and sale of products
of any type.
HAZARDOUS WASTE
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed. Hazardous waste is defined
on the basis of regulations issued pursuant to the Resource Conservation
and Recovery Act, 42 U.S.C. § 9601 et. seq., administered
by the United States Environmental Protection Agency.
RUBBISH
Shall consist of the following:
A.
Combustible: paper, cartons, boxes, barrels,
wood, excelsior, tree branches, yard trimmings, wood furniture, bedding
dunnage and petroleum products.
B.
Noncombustible: metals, dirt, glass, crockery
and minerals.
WASTE MATERIALS
All trash, refuse, junk and discarded items, including rubbish.
It shall be the absolute obligation of those persons referred to in §
155-20 hereof to provide dumpsters or compactors for the collection of garbage waste materials in accordance with the requirements of this article. Such containers shall be emptied on a periodic basis to avoid overflow of garbage and waste materials onto the ground or in such quantity as to prevent the container cover from being closed. No hazardous waste shall be deposited in any containers.
The provisions of this article shall be enforced
by the Bureau of Inspection. The Bureau of Inspection shall review
all new container plans, as well as those containers to be located
upon public or City property; and the Bureau of Inspection shall issue
the required container permits. After City Council or its designee
approves a container upon City property, the Bureau of Inspection
shall process annual renewals.
These provisions shall be applicable to the
following persons:
A. The owner of the property serviced by the container;
B. The owner or lessee of the container servicing the
property;
C. The user of the container; or
D. The lessee or agent of the owner of the property being
serviced.
The initial and annual fee thereafter for containers
located upon City-owned or City-leased property shall be as set from
time to time by resolution of the City Council.
The first violation of any provisions of this article shall be deemed a violation against such article, and any persons responsible as set forth in §
155-20 shall be issued a warning by regular mail. If such a violation is not corrected within 30 days of mailing, a second warning shall be issued, and the violator shall receive a fine of $100 upon conviction. If the violation is not corrected within 30 days of mailing of the second warning, the persons responsible shall receive a third warning and be fined $500 upon conviction. If the violation is not corrected within 30 days of mailing the third warning, then the persons responsible shall be fined $100 per day thereafter for each day that the violation continues upon conviction.
This chapter shall take effect June 1, 2013.