§ 11-58. Refuse collection containers.

(a)

Residential accounts shall use a sixty-five-gallon tote container, provided by the contractor, as defined herein. Residential accounts have the option of obtaining an additional sixty-five-gallon tote container from the contractor for an additional monthly fee, billed quarterly by and payable to the contractor, for the disposal of larger amounts of trash. The owners of three- and four-unit residential structures may make alternate container arrangements if the city agrees in writing, if provision is made for recycling collection, and if the monthly per unit price remains unchanged. All containers furnished by the contractor for use by residents, shall, while in the possession and control of the resident, remain the property of contractor and neither the resident nor the city shall have any ownership rights to such containers. Residents shall use the containers only for the purposes for which it is intended and shall not make any alterations or improvements to the containers. Residents shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one (1) container or a replacement container due to theft or damage beyond ordinary wear and tear, contractor shall provide additional containers and charge the resident directly for the cost of the container and delivery thereof.

(b)

Residential commercial accounts shall have the option of using bags, reusable containers, containers of one (1) yard or larger size metal or plastic containers with tight fitting lids.

(c)

No occupant shall place more solid waste in a container so that the lid cannot be closed. Provided, however, that where there is a problem locating a container as determined by the contractor and the city, then an exception on the requirement of the container may be granted by the city in writing to the owner. Fifty-five (55) gallon drums are expressly prohibited.

(d)

Nonresidential commercial accounts shall use a bag, reusable container or one (1) yard or larger size metal or plastic container with tight fitting lids. No occupant shall place more solid waste in a container so that the lid cannot be closed. Fifty-five (55) gallon drums are expressly prohibited.

(e)

The contractor shall be responsible for the maintenance of all containers owned by the contractor. This includes the proper operation of handles, lids, axles, wheels, etc. The contractor's name shall appear on the side of all containers Lids shall be tight fitting and in working order. It shall be the responsibility of the contractor to maintain the containers. The platform or pad shall be maintained by the account owner, except for the requirement that all strewn materials and litter in the immediate area shall be cleaned up by the contractor. Contractor will be responsible for cleanup of material if in the performance of servicing container contractor causes materials and litter to strew.

(f)

The customer (resident of Kirksville), who has possession of the tote container is responsible for the cleaning of the tote so it does not smell or present possible health problems for the public or the contractor's employees.

(g)

It is recommended that contents placed in the trash tote container be bagged to help prevent the container from becoming dirty and offensive.

(h)

It shall be unlawful for any person to place solid waste in any solid waste container, other than their own, without the consent of the owner of such container. Any person violating the terms of this provision may be prosecuted for an ordinance violation.

(Ord. No. 11551, § 8, 2-18-2002; Ord. No. 11908, § 1, 1-4-2010; Ord. No. 11916, § 6, 3-15-2010)