There are established the following rules and regulations pertaining to receptacles, preparation and care of garbage by property owners or persons in control in the residential district:

(a) The owner or person in charge of or in possession of any dwelling, flat, duplex or apartment house in the residential district shall at all times keep or cause to be kept portable sanitary containers for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse.

(b) It shall be the duty of the owner or person in control of any dwelling, flat, duplex or apartment house to furnish to and to see that his tenants are supplied with such sanitary containers as provided in this chapter.

(c) Such containers shall be watertight, of good construction with no dents, and except as provided in subsection (j) of this section, shall be of not more than thirty-two gallon capacity and shall have either a sturdy handle at each side thereof or other structure adequate and appropriate for lifting and emptying the container during collection. The gross weight of any container when full shall not exceed sixty-five pounds, unless the customer has established carry-out service as provided in subsection (d)(1) of this section, in which case the gross weight of any container when full shall not exceed fifty pounds. Empty containers shall not weigh more than fifteen pounds.

(d) Subject to certain provisions stated below, garbage or refuse containers shall be kept on the residential property at all times. No containers shall be kept or stored on any public alley, street, or within any public right-of-way. No containers shall interfere with the convenient, sightly and sanitary enjoyment of private property.

(1) A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (d)(2) of this section, containers shall be placed at the property line at the alley adjacent to the property, or, for properties not adjoining an alley or adjoining an alley which is not utilized by the refuse division, at the curb of the adjoining street. A reasonable time after pickup, customers shall return containers to their usual position.

(2) Refuse collection customers may establish carry-out service for garbage cans as follows: "Carry-out service" as used herein means collection service for sunken containers or for any container not placed at the property line as specified in subsection (d)(1) of this section. Carry-out service containers shall be located for collection where they are convenient and accessible within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street.

(e) The owner or person in charge of such dwelling, flat, duplex or apartment house shall maintain the place where said garbage cans are located in a clean and sanitary condition, and shall at all times prevent said cans from being upset or spilled by dogs or any sources whatsoever. Such cans shall be so secured as to render the cans inaccessible to marauding animals.

(f) All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for prepared garbage. Cold ashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can.

(g) It shall be the duty of every person in possession, charge or control of any dead animal, or of any premises on which the same may be located, to cause the same to be removed and disposed of. No person in charge of such premises shall suffer, permit or allow such animal to remain thereon for a period longer than twenty-four hours.

(h) All containers shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same; provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers.

(i) All animal excreta as set out for collection shall be placed in a separate, tight, disposable container and shall not be commingled with any other garbage or refuse.

(j) In lieu of garbage containers specified in subsection (c) of this section, dropoff bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected. Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. The city will furnish such dropoff bins upon request to the city department of public works made by the owner or person in charge of the premises.

(k) For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection containers specified in subsection (c) of this section, the city will provide city-owned thirty-five or ninety-six-gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property.

(l) Lids for all refuse containers defined by subsection (j) of this section shall remain closed at all times except when refuse is being deposited into or emptied from such containers. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter.

(m) The manager of the refuse division of the department of public works may waive any provision of this section and Section 4.16.140 of this code when specific circumstances render enforcement of such provision impossible or impracticable. Such waiver may be conditioned on such terms as the manager may determine are appropriate. Such waiver must be stated in writing and shall be limited to its express terms. Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works. Any person aggrieved by the director’s action regarding such appeal may appeal to the city council. (Ord. 2004-25 § 9, 2004: Ord. 99-52 § 2, 1999: Ord. 95-61 §§ 2--4, 1995; Ord. 3005 §§ 4--6, 1987; Ord. 2405 § 1, 1980; Ord. 1552 § 1, 1973: Ord. 1238 § 2, 1970; Ord. 259, 1961: Ord. B-1523 § 13, 1953).