Article VI — Unlawful and Prohibited Acts

The keeping of refuse in containers or bins other than those prescribed by this chapter, or the keeping upon premises of refuse which is offensive, obnoxious or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. 90-27 § 2 (6.10.600))

No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge for storage or collection, shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises. (Ord. 90-27 § 2 (6.10.605))

No person shall place bulky waste adjacent to a street or public right-of-way for collection or removal purposes without prior approval and arrangements with the collector. (Ord. 90-27 § 2 (6.10.610))

It is unlawful for any person to place or deposit institutional, commercial, industrial, special or hazardous waste in any container placed upon the public street by public authority, and meant primarily for the disposal of refuse by pedestrians using the sidewalk. (Ord. 90-27 § 2 (6.10.615))

No person shall burn any refuse within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the building official, and which compiles with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules and regulations.

(Ord. 90-27 § 2 (6.10.620))

At such times as one or more franchises for collection covering all or part of the city are in force, it shall be unlawful for any person other than the franchisee or its agents and employees to collect any refuse for hire from premises covered by the franchise. This section shall not, however, be deemed to apply to the following persons, so long as they comply with Section 8.20.610;

• A. Persons engaged in the business of recycling;

• B. Any persons engaged in the nursery or gardening business and collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris;

• C. Any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by the person;

• D. Persons engaged in the business of disposing of hazardous or special wastes; or

• E. Any person approved by city council resolution to remove construction debris, provided that this provision shall expire June 30, 1993. This exemption shall not exempt any construction debris hauler from the requirement for an encroachment permit, if any. "Construction debris" is defined as all nonhazardous waste material and rubble resulting from the construction, alteration, repair, removal or demolition of buildings or from the production or development of real property which is customarily handled and transported by means of roll-off boxes, bodies or containers.

• (Ord. 90-27 § 2 (6.10.625); Ord. 91-07 § 2)

It is unlawful for any person, other than a person holding a contract or franchise for the collection of rubbish, to take, remove or appropriate for his/her own use any refuse which has been placed in any street or alley for collection or removal, whether the refuse is so placed in regular containers or not.

(Ord. 90-27 § 2 (6.10.630))

It is unlawful and a public nuisance for any person to occupy, inhabit or maintain any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse removal services.

(Ord. 90-27 § 2 (6.10.635))

Article VII Special Collections

The city council may authorize, and subscribers to a refuse collection service may order, special collections of such things as discarded furniture, white goods, Christmas trees, and other items too large to fit in standard containers, semiannual cleanups, and household hazardous wastes, subject to city council approval, and the payment of rates established by the city council, by resolution.

(Ord. 90-27 § 2 (6.10.700))