§ 16-63. Dumpster enclosures.
(1)
All dumpsters shall be maintained in an enclosure with the service and access gate(s) closed except when being serviced by a commercial refuse/garbage collector or when being used to access the dumpster. Additionally all dumpsters shall be kept in the following manner:
(a)
Dumpster lids shall be kept closed at all times when the dumpster is not being used or serviced.
(b)
Containment of garbage.
1.
Garbage and trash shall be placed inside the dumpster and not on or around the dumpster or the enclosure. Loose garbage and trash in plain view is a violation of this Code, a health hazard, and aesthetically undesirable. The property owner shall be responsible for keeping the enclosure and surrounding area litter, garbage, and/or trash-free at all times.
2.
It shall be a violation of the city Code of Ordinances to allow the dumpster to be filled to over capacity so that the dumpster lid is prevented from fully closing.
(c)
Dumpster enclosures shall be kept in good repair at all times.
(d)
The location on site of a dumpster enclosure shall require the prior approval of the development services department.
(2)
Specifications, materials and location of enclosure.
(a)
Placement.
1.
A dumpster shall be kept in a place easily accessible to authorized collection vehicles at all times and no service shall be given to those placing or permitting objects, ground level or overhead obstructions, or vehicles, to hinder in any way whatsoever the servicing of bulk containers by authorized collection vehicles. Unless in a public right-of-way for purposes of collection only, all dumpsters shall be placed within an approved enclosure.
2.
It shall be unlawful for any person to place or store, or allow to be placed or stored, a dumpster upon or in any public street, alley or right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way during the collection/emptying process.
(b)
Dumpster space designation and enclosure requirement. All real property in any zoning classification utilizing dumpsters shall provide an enclosure of a size that would permit the moving in or out of the dumpster without damage to the enclosure and the enclosure height shall be a minimum of 12 inches above the dumpster.
(c)
Approved enclosure. All enclosures shall consist of masonry, concrete or wood walls. Enclosures shall have a gate for collection equipment access, and may also have a gate for other user access. All walls and gates shall be totally opaque so as to prevent the dumpster from being visible or in plain view. In general enclosures shall be consistent with materials and architectural style of principle building(s). Enclosures shall be constructed of one of the following materials:
1.
Masonry walls: All exterior faces of the wall shall be finished and of professional quality such as stucco, prefinished blocks, stacked block and struck joints, shadow blocks, painted or similarly installed in a workmanlike manner and meeting with the approval of the Development Services Department.
2.
Concrete walls: Precast concrete walls of quality deemed acceptable to the development services department.
3.
Wood fencing: Substantial wood fences of durable species, incorporating architectural design features to enhance appearance, of quality and design acceptable to the development services department. In making this determination, consideration shall be given to:
A.
The thickness of the wood, which must be a minimum of one-half inches;
B.
Whether the wood is pressure treated or has a finish that protects the wood from the elements; and
C.
Minimum six inches by six inches corner post and four inches by four inches intermediate posts of pressure treated materials.
(d)
Maintenance: Approved enclosures shall be maintained in good condition, repair and appearance at all times so as to allow for collection of materials and to eliminate odors.
(e)
Gates: Dumpster enclosure gates may be constructed of wood mounted on a substantial steel frame, chain link fence with opaque inserts, steel, aluminum or other opaque materials which are installed in compliance with the building code. Servicing gates, upon opening, may not swing into the right-of-way and shall incorporate gate stops that are functional in the full open and closed positions. Hinge assemblies shall be strong and durable such that access and servicing gates do not sag and function properly. All gates for pedestrian access shall be no more than 48 inches in width and no less than 36 inches in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container. Maze style openings shall be permitted in place of a pedestrian access gate. A maze style opening is an opaque wall or fence that can be located no more than 48 inches and no less than 36 inches from the enclosure opening and must be a minimum length of one and one-half times in length of the opening and shall be centered upon the opening. Enclosure openings shall be no more than 48 inches in width and no less than 36 inches in width.
(f)
Setbacks:
1.
All dumpster enclosure walls and/or fences shall be located a minimum of five feet from adjoining commercial areas and ten feet from adjoining residential uses unless not physically possible; and
2.
A minimum of five feet from public and private rights of way unless not physically possible.
(g)
Garbage containers:
1.
All receptacles and bulk containers which receive garbage, liquid waste or food from food-handling operations, including, but not limited to, bakeries, meat processing plants, restaurants, or any business establishment where it is determined that garbage, liquid waste or food will be accumulated, shall have a poured to grade level concrete slab. If available, dumpster site shall have facilities for washing containers and ability to drain to an acceptable sanitary disposal system. If the aforementioned facilities are available, or can be reasonably installed, then the dumpster shall have washout plugs. For purposes of this article, storm drains shall not be considered as an acceptable sanitary disposal system.
2.
If no suitable drain, grease trap or sanitary disposal system is available, the dumpster containers shall be sealed so that no liquid gets on the pad or ground. Dumpster collection shall be frequent enough so as to keep odors to a minimum. Odors shall also be kept at a minimum through artificial means such as masking agents or whatever products are available to handle odors. Containers shall be constructed in accordance with the industry standards and must be approved by and meet the standards of subject regulating agencies.
(h)
[Exceptions to compliance:] All dumpsters and trash receptacles must comply with this article except for the following:
1.
Dumpsters/receptacles located in properly screened service yards. (Those screened from public ways with a minimum six feet high fence and/or suitable dense landscaping, as approved by the development services department). The dumpsters/receptacles must not be visible from the public's view.
2.
Dumpsters/receptacles located at permitted construction sites.
3.
Dumpsters/receptacles not visible from the public right-of-way, residential areas and/or the public's view.
(Ord. No. 2007-23-129, § 6, 11-14-2007)