§ 62-51. Dumpsters and other commercial trash receptacles; permit required.

(a)

Prior to placing or using dumpsters or commercial trash receptacles within the corporate city limits by any person or business, any person or business desiring to place and/or use such dumpsters or other commercial trash receptacles shall make application for, and obtain from the city, a permit authorizing such placement and/or use.

(b)

Application for permit shall be made to the mayor/city manager, or his designee, on forms approved by the city.

(c)

The dumpster and other commercial trash structure must comply with the following installation standards:

(1)

All dumpsters or commercial trash receptacles shall be placed on a concrete pad a minimum of three inches of thickness and at least 12 inches longer than the length and 12 inches wider than the width of the dumpster or receptacle; however, dumpsters or receptacles may be placed on existing concrete or asphalt surfaces provided they meet all other requirements provided herein and with the approval of the city code enforcement officer.

(2)

An enclosure must be constructed around each dumpster or group of receptacles and be fashioned from such materials as to be weather resistant.

(3)

Each enclosure will be made to completely conceal any view of the dumpster or receptacle. The height of the sides should be designed with any adjacent property in mind that is of a higher elevation and thus allowing a view of the dumpster from that vantage point. (Note: When designing the height with consideration to any adjacent property of higher elevation, the city code enforcement officer must approve the plans.)

(4)

The enclosure must also include a door/gate for the purpose of access that is capable of being locked and secured.

(5)

The dumpster or receptacle enclosure and areas around and immediately adjacent to the enclosure must be kept free of any trash, debris or other materials.

(6)

The pad for the dumpster or receptacle must be cleaned and washed-down periodically and the entire enclosure and surrounding area must comply with all county health department regulations.

(7)

All dumpsters and other receptacles shall have lids permanently attached by hinges, cables, chains or other approved means to prevent the lid from being blown or taken away from the container. Attachment methods other than hinges shall be of adequate length to allow lids to be easily removed during the placing and removal of trash.

(8)

All trash shall be placed inside dumpsters and other receptacles. No trash shall be placed beside, on top or otherwise in proximity to dumpsters or other receptacles.

(9)

Lids/covers shall be closed or placed on all openings of dumpsters or other receptacles in a manner which prevents trash from escaping and which obscures all trash from view.

(d)

Upon application, the mayor/city manager, or his designee, shall issue a permit as set forth herein upon a showing by the applicant that the following standards will be satisfied:

(1)

The dumpster or other commercial trash receptacle will not be within 25 feet of any curb or roadway or otherwise block any portion of a motorway or pose a hazard to or otherwise interfere with traffic;

(2)

The dumpster or other commercial trash receptacle will not be situated at or so near to an intersection as to create an actual or potential safety hazard; under no circumstance shall a dumpster be within 25 feet of an intersection;

(3)

The dumpster or other commercial trash receptacle will not encroach upon the curb or any other paved portion of any right-of-way of the city unless the applicant makes a showing of hardship, based on the special conditions of the property in question for reasons of health and safety, that it cannot so comply as determined by the mayor and council;

(4)

A dumpster or other commercial trash receptacle must be covered;

(5)

The dumpster or other commercial trash receptacle will be maintained in accordance with the rules and regulations of the county health department;

(6)

Foul odors emanating more than 50 feet from the dumpster or other commercial trash receptacle will be quelled within a reasonable time of the person's or business' notice thereof;

(7)

Leakage, trash, and litter arising from the dumpster or other commercial trash receptacle will be cleaned up within a reasonable time of occurrence;

(8)

Only materials allowed by state law will be placed in the dumpster and commercial trash receptacle;

(9)

Dumpsters or commercial trash receptacles shall be screened with a fence or wall which conceals containers from all sides as set forth herein;

(10)

No residential or other commercial refuse from outside the city limits will be deposited anywhere within the city limits, including dumpsters and other commercial trash receptacles.

(Ord. No. 041507, § 1(62-51), 4-15-2007)