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(A) Landscaping Business Refuse. It is unlawful, when performing work for compensation, to knowingly leave tree trimmings, shrubs, brush, plant and/or landscaping material(s) for bulk or curbside collection provided by the City, or deposited on lots (public or private), alleys, streets, or other property of a similar characteristic in the City or any public property and not authorized for that purpose. Landscaping business refuse may be hauled away in compliance with this chapter.

(B) Construction, Building Refuse. It is unlawful to knowingly leave lumber scraps, shingles, plaster, brick, stone, concrete and/or other building materials including all packaging from which materials were removed, generated from an activity for compensation for bulk or curbside collection provided by the City, or deposited on lots (public or private), alleys, streets, or other property of a similar characteristic in the City and not authorized for that purpose.

(C) Bulk Refuse. It is unlawful for customers to knowingly place bulk refuse curbside more than seven calendar days prior to the customer’s scheduled bulk collection day.

(D) Animal Manure. It is unlawful to knowingly place animal manure in City containers. Animal manure will not be collected by the City.

(E) Dumping; Property of Another. It is unlawful for any person to knowingly deposit, throw, or place any refuse, trash, filth, garbage, hazardous waste/dangerous refuse, green waste, litter, or debris upon or in public or private property (including refuse and recycling containers), not owned or under the control of that person.

(F) Dumping. It is unlawful for any person to recklessly deposit or cause to be deposited any refuse, bulk, debris, litter, garbage, green waste, hazardous waste or recycling material, regardless of form, if deposited or caused to be deposited:

(1) in the wrong location; or

(2) in the wrong container; or

(3) in a container assigned by the City to another utility account; or

(4) outside the times authorized by this chapter for refuse, recycling or bulk to be put out for pickup by the City.

(G) Spillage. It is unlawful for the customer to knowingly fail to clean up any refuse, trash, filth, garbage, green waste, litter, debris, spillage or residual refuse or recycling that is caused by container overflows, inclement weather, foraging or collections services. The customer shall collect and place in the refuse container any debris remaining after collection.

(H) Scavenging. It is unlawful to collect, scavenge, or disturb the refuse, garbage, recycling or bulk trash/refuse of another; or to add or remove any item from garbage, recycling or bulk trash/refuse set out for collection and/or disposal by another. This prohibition does not apply to law enforcement officers or City employees acting within the scope of their official duties. It is a defense if the person received prior authorization from the property owner/customer.

(I) Improper Deposit of Waste. It is unlawful to knowingly deposit or cause to be deposited, in any refuse or recycling container, any waste precluded from pickup due to the nature of the waste pursuant to this chapter.

(J) Each day, any violation of this article that exists shall constitute a separate violation or offense.

(K) The customer of record with the City at which a violation of this article exists may be presumed to be a person having lawful control over any building, structure or parcel of land to give consent.

(L) If in the opinion of the City Manager the condition constitutes an imminent health or safety hazard, the City Manager may immediately abate the hazard without notice as provided by law. Such abatement of an imminent health or safety hazard shall be limited to the minimum work necessary to remove the hazard. Abatement fees and charges will be assessed as provided in Article 10-6. (Ord. 11-1232, passed 1-24-2011; Am. Ord. 12-1260, passed 6-11-2012; Am. Ord. 14-1297, passed 8-18-2014; Am. Ord. 18-1401, passed 8-28-2018. Formerly 10-3-2)