Article 2

• A. It shall be the duty of every householder within the City to provide or cause to be provided, and at all times to keep or cause to be kept, portable containers for holding garbage and rubbish. Each such container shall be constructed of metal or other material approved by the City Manager or duly authorized representative, shall be watertight and shall be so constructed so as to contain not less than three gallons capacity or more than 40 gallons capacity, and not more than 80 pounds in weight when full.

• B. Each such container shall be equipped with a bail or handles on both sides thereof, and each such container shall have a suitable close-fitting cover, the design and type of which shall have been approved by the City Manager or duly authorized representative.

• C. All garbage deposited in such containers shall be thoroughly drained and thoroughly wrapped prior to placement in such containers.

• D. Tree or garden trimmings may be placed in the garbage and rubbish containers hereinbefore described or in other substantial containers. If not placed in such containers, such tree and garden trimmings shall be tied in bundles not exceeding two feet in diameter and four feet in length. Whether placed in such containers or bundled, such tree or garden trimmings shall not exceed 50 pounds in weight per container or bundle. No such container or bundle shall contain any materials other than tree or garden trimmings.

• E. Papers, newspapers and magazines may be placed in garbage and rubbish containers hereinbefore described or in other substantial containers. If not placed in such containers, the same shall be tied in bundles. Whether placed in such containers or bundles, the same shall not exceed 50 pounds in weight per container or bundle.

• F. Receptacles used at residential premises shall be of such a size, shape and weight when filled that they may be readily lifted for emptying into the trucks of the container and free of all rough or jagged surfaces which shall be likely to cause injury to persons lifting them.

• (Prior code § 33-14)

Each container provided as prescribed in this article shall be kept or placed in the following manner. Each such container shall be kept on the premises of the person providing the same; except, that on the day designated for collection and before the time collection starts in the district in which such premises are located, it shall be placed for collection as follows:

• A. On any premises adjacent to a dedicated, paved alley in a block with access to such alley at each end of the block, such containers shall be placed on or within two feet of the rear property line of such premises and shall be readily accessible for collection from the alley. Each such premises shall be identified by the street address of such premises, painted and maintained legibly in numbers not less than two inches in height placed on each container or on a fence or other structure at the rear of such premises and abutting on such alley. It shall be the responsibility of the owner or occupant of such premises to comply with the requirements hereof, and should he or she fail to do so, the City may paint such numbers and charge the cost thereof to such owner or occupant.

• B. Where such premises are not adjacent to an alley which is paved and dedicated, with access to such alley from each end of the block, each such container shall be placed on the curb in front of the premises occupied by the person placing the same, or on the curb at the side of the premises where such premises are adjacent to more than one street.

• C. It is unlawful for any person to place any garbage or rubbish accumulating on any premises within the City, in a garbage or rubbish container containing garbage or rubbish which has accumulated in, upon or from any other premises within the City, or to place any such container for collection of garbage or rubbish therefrom, in, upon, in front or in the rear of any other premises.

(Prior code § 33-15)

After each emptying, and before any garbage container is again used, the same shall be thoroughly cleaned and all grease and adherent materials removed. (Prior code § 33-16)

The City Manager or duly authorized representative, or other official of the City in charge of the removal, disposal or collection of garbage, rubbish or other waste material, may refuse to collect, remove or dispose of the same if the same is not placed in the container or in the manner prescribed by this article.

(Prior code § 33-17)

• A. No person, other than the owner thereof, his or her agents or employees, or an officer or employee of this City, or a person holding a contract with this City for the collection, removal or disposal of rubbish or garbage, or the agents or employees of such contractor authorized for such purposes, shall tamper or meddle or interfere with any rubbish or garbage container, or the contents thereof, located on the premises occupied by any householder, or remove any such container from the location where the same shall have been placed by the owner thereof, or by his or her agents or employees, regardless of whether such container conforms to the requirements set forth in this article.

• B. Whenever any garbage or rubbish container, containing garbage or rubbish, has been placed for collection, it is unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort or take any such garbage or rubbish or any part thereof in or from such container, except the proper collection officials or employees of the City in the performance of their regular collection service.

• (Prior code § 33-18)

It is the duty of every person placing a garbage or rubbish container in or upon any street, sidewalk, curb or alley, for garbage or rubbish collection, to remove such container from the street, sidewalk, curb or alley immediately after the contents of the containers have been collected by the authorized collector of garbage and rubbish for this City, and in any event within 12 hours after such collection, and it is unlawful for any such person to fail or refuse to perform such duty. (Prior code § 33-19)

• A. To protect public health, safety and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a bulky/solid waste removal contractor authorized by the City for the pickup of bulky waste items. Pursuant to State law, each owner of a premises shall be required to maintain the sidewalk and parkway adjacent to that premises, including, but not limited to, the removal of bulky waste materials or objects whether or not such bulky waste items was generated by an occupant of such premises or placed on the owner's premises without the owner's consent.

• B. Each owner of each premises in the City is deemed to have authorized the City or any other authorized contractor or agent of the City, to collect bulky waste items located on the sidewalk or parkway areas, or rights-of-way adjacent to such owner's premises, whether or not a request for removal has been received. Except as provided herein, the owner of any premises from which bulky material or items have been removed as provided for in this section shall be responsible for all costs of such removal and disposal, including payment to the City or contractor of a service fee as established by resolution of the City Council.

  1. The City shall waive the service fee for the owner of any premises adjacent to an alley as defined below, unless the City determines that the bulky waste has been generated by an occupant of such premises or placed in such location with the owner's or occupant's consent.

  2. For purposes of this section, "alley" means that public right-of-way located at the rear of a property, and not intended as a vehicular thoroughfare.

• C. If bulky material or items are located on the sidewalk, in the parkway, or in the public right-of-way adjacent to a premises, the City may proceed with removal and disposal of such materials either on its own or by authorized contractors or agents of the City, at the option of the City. Prior to removal, the City may, at its discretion, issue a warning notice to remove to the property owner or occupant directing that all bulky material or items be removed within 24 hours or, alternatively, cause the immediate removal of the bulky material or items if, in the City's opinion, there exists a potential health or safety hazard, a blockage of a public right-of-way or the condition is deemed to be extremely unsightly.

• D. Any property owner or occupant having bulky items or materials that exist on the sidewalk, on the parkway, or in the public right-of-way adjacent to the lot or premises which such person owns or occupies, may, not less than 24 hours prior to the day when solid waste is normally collected from the premises, contact the City or authorized contractor or agent of the City and request that the City or authorized contractor or agent of the City collect such bulky material. If such notice is given, bulky material or items will be removed without cost to the property owner or occupant. The within provisions of subsections A through C of this section shall apply when bulky material or items are observed on the sidewalk, on the parkway, or in the public right-of-way adjacent to the lot or premises at any time other than the day for normal waste collection.

• E. Collection of Fees. The amounts of fees imposed pursuant to this chapter shall be set forth in a schedule of fees established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses in a 12-month period.

• F. Waiver of Fees. The City, at its discretion, may elect to waive the imposition of any fees imposed pursuant to the within sections for any reason.

• G. Remedies. Fees collected pursuant to this chapter are not intended to be the exclusive remedy, either criminal or civil, available to the City relating to the circumstances which gave rise to the need for City removal of bulky waste material or items from any property. Repeat offenses may also result in the issuance of administrative citations to the property owner or occupant by the City pursuant to the provisions within Title 2 of the Paramount Municipal Code.

(Prior code § 33-19.1)