<div class="chunk-title">Sec. 11-34. - Storage and disposal generally.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No owner, occupant, tenant or lessee of any property shall deposit, store, or permit
               to accumulate, any garbage, rubbish, or solid waste upon such property except in the
               following manner:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Garbage shall be stored in a container meeting the following requirements, or other
               type of container conforming to the intent of this article:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Containers shall be durable, rust-resistant, nonabsorbent, watertight, rodent-proof
               and easily cleanable, with a close-fitting, flytight cover in place, and with adequate
               handles or bails to facilitate handling.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Containers are not to exceed thirty-five (35) gallons capacity when manually handled.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Solid waste, rubbish, or garbage shall not be deposited, stored or permitted to accumulate
               on any property in such a manner that it provides food or harborage for rodents and
               vermin or creates a fire or safety hazard.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Time limits.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               It shall be unlawful for any person occupying any dwelling or dwelling unit to place
               or leave outside of any building longer than thirty (30) days any dilapidated furniture,
               icebox, refrigerator, stove or other appliance, machinery, equipment, building material
               or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled
               or inoperative condition which, in the opinion of the solid waste director, constitutes
               a potential public health hazard. In determining whether such a potential public health
               hazard exists, the solid waste director shall consult with, and be advised by, the
               health director. This subsection shall not apply to a licensed junk dealer.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               It shall be unlawful for any person to store garbage of a perishable or offensive
               nature for more than one week in any type of container.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               If a potential public health hazard exists, the solid waste director shall give the
               occupant or owner written notice that, unless the potential hazard is removed within
               the time limit prescribed in the particular paragraph above (thirty (30) days or one
               week), then prosecution under this article will be instituted.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to leave outside of any building or dwelling,
               in a place accessible to children, any abandoned, unattended or discarded icebox,
               refrigerator or any other container of any kind which has an airtight snap lock or
               other device thereon without first removing the snap lock or doors from the icebox,
               refrigerator or other container, except for containers that are crated, strapped or
               locked to such an extent that it is impossible for a child to obtain access to any
               airtight compartment thereof.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to dispose of solid waste at any place or in any
               manner other than as approved by law. Acceptable means of solid waste disposal include
               the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Contracting with a licensed/permitted solid waste collector.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Hauling solid waste to a public sanitary landfill site or designated county-owned
               solid waste/recycling center. Only residential waste shall be deposited in county-owned
               solid waste/recycling center.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Burning solid waste in an incinerator that has all required local, state and federal
               air pollution control permits.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Any other method, including reclamation and recycling processes, that has been approved
               by the state division of health services.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Where there is more than one premises located in a residential building or mobile
               home park, it shall be the responsibility of the owner or person in charge of each
               building or mobile home park to see that the residents of said building or mobile
               home park dispose of their solid waste in one of the following lawful manners: 1)
               pay the annual solid waste user fee as established by <a href="" data-chunk-id="COOR_CH11WAMA_ARTIISOWA_DIV3FRCOTRDICURESOWA_S11-87DEHA" class="section-link" data-product-id="12207">section 11-87</a> hereof for each residential unit or mobile home; 2) contract with a licensed/franchised
               solid waste collector; or 3) the owner or person in charge of the building or mobile
               home park may collect and transport solid waste to the county sanitary landfill after
               meeting the requirements of division 2 of this article that apply to licensees who
               charge fees for the transport of solid waste.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Rubbish.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Accumulation of rubbish. All exterior property and premises shall be free from any
               accumulation of rubbish.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Disposal of rubbish. The owner of the property and premises shall dispose of all rubbish
               in a clean and sanitary manner, at an approved solid waste disposal site.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Any person or entity not regulated through division 2 of this article who is collecting
               or transporting solid waste shall comply with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Escape of material</span>
               <span class="ital">prohibited.</span> Structures or containers used for the collection or vehicles and containers used
               for transportation of solid waste shall have containers or loose material effectively
               enclosed, secured or covered, as defined in this article, and have those containers
               or loose material capable of being loaded and unloaded, in such a manner that no portion
               of the material therein can or will blow, fall, leak, spill, or otherwise escape from
               said structures, vehicles or containers.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Actual escape of material from a structure, vehicle or container shall constitute
               prima facie evidence of ineffective enclosing, securing or covering, but proof of
               actual escape of material shall not be required to show ineffective enclosing, securing,
               or covering of material.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Effective means shall not include merely enclosing solid waste in plastic bags, even
               if those bags are tied or held shut, unless those bags are enclosed, secured, or covered.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Any material that does escape from a structure, vehicle or container shall be immediately
               recovered by the person or entity that owns or is responsible for that material during
               its collection or transport, that material returned to the structure, vehicle or container
               to prevent further escape, and the affected area properly cleaned. In addition to
               a violation of this paragraph (b), failure to immediately recover and remove such
               material may also be a violation of paragraph (d) and other paragraphs, sections,
               or laws.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               When transporting solid waste, the means of enclosing, securing or covering containers
               or vehicle cargo areas shall not be opened or removed until the final destination
               within a disposal facility is reached.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Fine for violation.</span> Any person violating the terms of this paragraph (b) shall pay the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               For the first violation, a fine of twenty-five dollars ($25.00);
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               For a second violation, a fine of fifty dollars ($50.00); and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               For a third violation, and for each subsequent violation, a fine of one hundred dollars
               ($100.00).
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Construction site housekeeping. Owners, developers, and contractors associated with
               residential or commercial construction or repair sites and operations are responsible
               for management of construction or repair sites to prevent the unnecessary accumulation
               of construction scrap (e.g., scrap lumber, siding, etc.) and to assure the prevention
               of loose waste (e.g., solid waste, trash, refuse, etc.) on or escaping from the construction
               site.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A plan for scrap and waste management shall be included with and required to receive
               a building permit.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Construction site scrap shall be regularly collected and removed.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Construction site waste shall be maintained in containers and transported by vehicles
               in compliance with paragraph (b)(1) of this section.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Owners, developers, and contractors are responsible to prevent escape of waste material
               from containers or vehicles, pursuant to paragraph (b)(1), and for any recovery or
               cleaning associated with waste from containers or vehicles, pursuant to paragraph
               (b)(2), while those containers or vehicles are on the construction site, even if those
               containers or vehicles are also the responsibility of a waste licensee authorized
               through division 2 of this article. A violation of this paragraph may also be a violation
               of <a href="" data-chunk-id="COOR_CH11WAMA_ARTIISOWA_DIV1GE_S11-34STDIGE" class="section-link" data-product-id="12207">section 11-34</a>(d).
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Fine for violation. Any person or entity violating the terms of this paragraph shall
               pay the following:
               </p>
            		
            <p class="incr2">
               (i)
               </p>
            		
            <p class="content3">
               For violations of subsections (2) or (3), the fines as stated in paragraph (b)(4).
               </p>
            		
            <p class="incr2">
               (ii)
               </p>
            		
            <p class="content3">
               For a violation of subsection (4), the costs and fines as stated in paragraph (d).
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Other than on property specifically designated and permitted for that use, no person
               shall throw, dump, or deposit solid waste upon, or cause or allow solid waste to be
               thrown, dumped or deposited upon, or allow solid waste to escape containment and come
               to be upon, any road, street, or highway; any property owned either by himself or
               another person; or upon any public property, park, or recreation area.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Fine for violation. Any person violating the terms of this paragraph shall pay the
               following:
               </p>
            		
            <p class="incr2">
               (i)
               </p>
            		
            <p class="content3">
               In addition to any fines, attorney's fees if and as incurred in the enforcement or
               prosecution of the violation, or as allowed by the court; and
               </p>
            		
            <p class="incr2">
               (ii)
               </p>
            		
            <p class="content3">
               For the first violation, a fine of two hundred fifty dollars ($250.00);
               </p>
            		
            <p class="incr2">
               (iii)
               </p>
            		
            <p class="content3">
               For a second violation, and for each subsequent violation, a fine of five hundred
               dollars ($500.00).
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               A violation of this section is punishable as a misdemeanor.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 89-02, Â§ 11, 6-5-89; Amd. of 9-4-07; Ord. of 10-3-20(1), Â§ 5; Ord. of 1-20-22(1);
               Ord. of 6-21-22(1), Â§ 1)
               </p></div>