§ 28-22. Residential dwelling receptacles collection.

(a)

The owner, tenant or occupant of each residential dwelling in the town is hereby required to provide refuse can or garbage receptacles of sufficient capacity to hold accumulation of refuse from each dwelling.

(b)

The franchisee shall collect residential refuse under the following conditions:

(1)

Refuse will be collected two times per week at curbside or street line. Receptacles, as needed, must be within three feet of curbside or street line. Maximum total weight per full receptacle shall not exceed 50 pounds. All receptacles shall be located at a minimum of five feet from any obstruction that may interfere with routine collection.

(2)

Yard waste will be collected one time per week at curbside or street line. Yard waste refuse consisting of tree branches, palm fronds, brush, trimmings, and the like shall be cut in lengths not exceeding five feet and not more than four inches in diameter (length limitation does not apply to palm fronds). Accumulations shall be placed in compact piles at curbside or street line within the confines of side property lines. Leaves and grass clippings should be placed in a separate pile from branches and limbs. Piles of yard waste refuse shall be limited to approximately five cubic yards one time per week, which will be picked up during the weekly yard waste service. Deposits of yard waste shall not obstruct pedestrian or vehicular traffic. No yard waste shall be placed on property owned or occupied by others without permission.

(3)

Recyclable waste shall be collected one time per week at curbside or street line. All recyclable waste shall be placed in provided recycling bins and sorted according to franchise hauler instructions.

(4)

All refuse receptacles shall be subject to inspection by the town or the franchisee. A receptacle not approved which is set out for collection will have a notice placed upon the receptacle or left at the residence and the owner, tenant or occupant shall no longer use the receptacle for collection. No person shall place refuse in an unapproved receptacle.

(5)

Waterproof disposable refuse bags or any other approved receptacles may be used. When the bags or any other receptacles are used, the responsibility for protection of either the bag or the receptacle and the contents shall rest with the property owner and/or occupant until collected. Rupture of or damage to the bag or receptacle from any cause resulting in the scattering of refuse prior to the arrival of collection personnel will obligate the owner and/or resident to reassemble all of the refuse and place said refuse in an undamaged bag or receptacle prior to pick-up.

(6)

All refuse must be placed for pick-up prior to 7:00 a.m. on any day scheduled for pick-up. Yard waste refuse may be placed at curbside up to four days prior to any scheduled day for pickup. Refuse shall not be placed for pick up on Thanksgiving Day or Christmas Day, or any other day when the franchisee advertises in a newspaper of general circulation or on the town's website that refuse will not be accepted.

(7)

All wet garbage matter shall either be wrapped in paper before being placed in refuse receptacles or bundled so that leakage from receptacle is prevented. Cans, bottles and other containers shall first be drained of all liquid. All refuse receptacles shall be kept tightly covered at all times, except when it becomes necessary to lift the cover for the purpose of depositing refuse in the receptacle or for the purpose of emptying such receptacle into a disposal vehicle.

(8)

Storage of all refuse receptacles when not set out for collection shall meet one or more of the following requirements:

a.

Stored in the rear yard behind the primary residential structure.

b.

Stored in a carport or garage.

c.

Stored in a side yard of the primary residential structure adjacent to an exterior wall. In order to be deemed adjacent to an exterior wall, the refuse receptacle shall be located not more than three feet from the exterior wall when measured from the nearest point of the receptacle to the nearest point of the exterior wall. In no event shall the refuse receptacle protrude forward from the edge of the exterior wall to which it is adjacent.

(9)

No refuse receptacle shall be placed out for collection earlier than 5:00 p.m. on the day preceding that upon which refuse collections are customarily made from the premises. The receptacles shall then be placed within the required distance of the street for the purpose of permitting the collection of refuse therefrom, and the receptacles shall be permitted to remain in such places only for and during the period of the day upon which the collection is made. Protection of the receptacles placed for collection is the responsibility of the owner and/or resident.

(10)

Special pick-up shall be coordinated with the owner and/or resident and the franchisee as to time, place, date and items to be picked up.

(Ord. No. 14-12, exh. A(11-04), 9-5-2012)