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Ellsworth has Code of Ordinances in place. Different subjects are being spotlighted here and sections will only be high lighted. A completed copy of the Code of Ordinances is in City Hall and the Ellsworth Public Library. This Ordinances pertains to waste storage containers and adopting penalties for offenses pertaining to garbage and refuse.
105.10 WASTE STORAGE CONTAINERS. Garbage shall not be set outdoors for collection and disposal, or for any other purpose, except when fully contained in a waste storage container. Setting out garbage in plastic bags or paper sacks is prohibited, except when following the “bag method” under 106.10 of the Ellsworth Code of Ordinances. If following the “bag method”, bags may only be placed outside for collection on the day of collection. Otherwise, every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall store refuse in waste storage containers in accordance with the following:
1. Container Specifications. Waste storage containers shall comply with the following specifications:
A. Residential. Residential waste containers shall be of sufficient capacity, leak-proof and waterproof. They may be reusable containers. They shall be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container. Reusable containers shall also be light weight and of sturdy construction and have suitable lifting devices.
B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.
2. Storage of Containers. Residential solid waste container shall be stored upon the residential premise. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health site personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.
3. Location of Containers for Collections. Containers for the storage of solid wast awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Container or other solid waste placed at the curb line shall not be placed more than twenty-four (24) hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection.
4. Nonconforming Containers. Solid waste placed in containers which are not in compliance with the provisions of this section will not be collected.
SECTION 2. NEW SECTION. The Code of Ordinances of the City of Ellsworth, Iowa is amended by adding a new Section 105.13, entitled PENALTIES FOR OFFENSES PERTAINING TO GARBAGE AND REFUSE, which is hereby adopted to read as follows:
105.13 PENALTIES FOR OFFENSES PERTAINING TO GARBAGE AND REFUSE. A violation of any provision of Solid Waste Control, shall be a municipal infraction punishable by a fine of $500.00 for a person’s first violation thereof, and a penalty of $750.00 for each repeat violation.
SECTION 3. SEVERABILITY CLAUSE. if any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.