Ordinance chapter · Hopewell, Virginia

Chapter 18 - GARBAGE, REFUSE AND WEEDS

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Chapter 18 - GARBAGE, REFUSE AND WEEDS#

Footnotes: --- (1) ---

Cross reference— Storage and removal of manure from buildings used to house livestock, § 6-11; automobile graveyards to be kept free of rubbish and waste matter, § 8-7; bond to assure removal of rubbish upon completion of demolition of building, § 11-21; restaurants and other food establishments to be kept free of litter and rubbish, § 16-26; storage of garbage and trash in restaurants and other food establishments, §§ 16-44, 16-66; provisions of housing code relative to responsibilities of owners and occupants as to disposal of garbage, § 19-10; deposit of garbage in sewers, § 31-56(f).

ARTICLE I. - IN GENERAL#

Footnotes: --- (2) ---

Editor's note— Ord. No. 2009-15, adopted Oct. 13, 2009, amended Art. I in its entirety to read as herein set out. Former Art. I, §§ 18-1—18-3, pertained to similar subject matter. See the Code Comparative Table for complete derivation.

Sec. 18-1. - Unlawful accumulations or growth.#

(a) It shall be unlawful for the owner of any land ("property") within the city:

(1) To permit the accumulation on such property of garbage, refuse, litter, trash, debris and other substances which might endanger the health, safety or welfare of residents of the city.

(2) To permit grass, weeds, or other foreign growth in excess of ten (10) inches in height to grow on any occupied or vacant developed, or undeveloped property.§ This subsection shall not apply to wooded areas of land in their natural state.

(b) In the event of a violation of subsection (a) of this section, the city manager or his duly authorized agent shall serve a notice of violation on the property owner who shall, within five (5) days, proceed to correct the condition. Said notice of violation shall be served either by personally delivering it to the property owner or by sending it by certified mail, return receipt requested, to the address listed in the real estate tax records. If the condition is not corrected satisfactorily within five (5) days of service of such written notice, the city manager or his duly authorized agent may proceed to have the condition corrected, either by city forces or by a private contractor. The actual cost thereof, together with an administrative handling charge of one hundred dollars ($100.00) shall be billed to the property owner, and if not paid within thirty (30) days, shall be added to and collected in the same manner as the real estate tax on such property, and shall constitute a lien on the subject property.

(c) In the event of a violation of subsection (a), the owner of the property shall also be subject to a civil penalty of fifty dollars ($50.00) for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be two hundred dollars ($200.00). Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand dollars in a twelve-month period.

(d) In the event the owner of property in violation of this section cannot, with reasonable diligence, be located, the notice of violation may be served on any agent of the owner or other person in charge of the property, who shall correct the condition constituting the violation.

(e) Such violations shall be a Class 3 misdemeanor in the event that three (3) civil penalties have previously been imposed on the same defendant for the same or similar violation; not arising from the same set of operative facts, within a twenty-four-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.

(Ord. No. 2009-15, 10-13-09; Ord. No. 2012-07, 8-14-12; Ord. No. 2013-08, 6-4-13; Ord. No. 2013-17, 10-8-13; Ord. No. 2014-24, 11-18-14)

State Law reference— Authority for above section, Code of Virginia, § 15.2-901.

Sec. 18-2. - Nuisances.#

(a) Any weeds, grass, or other foreign vegetation growth upon any property within the city which is detrimental to the health, safety or welfare of the inhabitants of the city, are hereby declared a nuisance.

(b) Any weeds, shrubs, grass, or other vegetation growth upon any property within the city which is in excess of fourteen (14) inches in height are hereby declared a nuisance.§ This subsection shall not apply to wooded areas of land in their natural state.

(c) Any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street right-of-way line, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon or, in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street, sidewalk or public alley, thereby endangering such persons or vehicles, or which would cause a traffic hazard as described in article XVIII-A-10-c (Visual Obstruction) of the zoning ordinance are hereby declared a nuisance.

(d) Any grass, weeds, or other vegetable matter growing on any sidewalk, or between any sidewalk to the back of curb line and/or roadside drainage ditch to the paved surface of the street, and/or from the right-of-way line to the paved surface of the street or alley, are hereby declared a nuisance and it shall be the duty of the owner or occupant of any land or premises abutting upon such sidewalks or roadside drainage ditch or bordering right-of-way zone to keep such grass, weeds, and other vegetable matter cut at all times to prevent such space from becoming unsightly or offensive, or from constituting a hazard to the health, safety or welfare of the residents of the city.

(e) Any accumulations of garbage, refuse, litter, trash, debris and other substances on any parking lot which might endanger the health, safety or welfare of residents of the city are hereby declared a nuisance and it shall be the duty of the owner or occupant of any parking lot to keep such garbage, refuse, letter, trash, debris and other substances clear from any parking lot at all times to prevent such space from becoming unsightly or offensive, or from constituting a hazard to the health, safety or welfare of the residents of the city.

(f) Any storing of personal possessions or accumulations visible from the street or neighboring properties, including but not limited to: commercial or household fixtures, appliances, furniture, equipment or accessories; automotive equipment, parts or accessories; construction equipment, supplies or accessories; or any item causing an offensive, unwholesome, unsanitary or unhealthy accumulation in or on any place or premises are hereby declared a nuisance.

(g) No owner or occupant of any property within the city shall cause, permit, or allow the existence of any nuisance described in subsections (a)—(f) of this section to exist on said property.

(h) Subsections (a)—(e) shall not apply to wooded areas of land in their natural state.

(Ord. No. 2009-15, 10-13-09; Ord. No. 2013-08, 6-4-13; Ord. No. 2016-5-10, 5-10-16; Ord. No. 2014-24, 11-18-14)

State Law reference— Authority for above section, Code of Virginia, §§ 15.2-901 and 15.2-1115.

Sec. 18-3. - Abatement of nuisances.#

(a) In the event of a violation of the preceding section 18-2, the city manager or his duly authorized agent shall serve a notice of violation on the property owner and/or occupant who shall, within five (5) days, proceed to correct the condition. The owner of the property and the occupant of the property, if different, shall be jointly and severally liable for any violation of section 18-2.

(b) The notice of violation shall be served either by personally delivering it to the property owner and/or occupant, sending it by certified mail, return receipt requested, to the address listed in the real estate tax records, or by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access. If the condition is not corrected satisfactorily within ten (10) days of service of such written notice, the city manager or his duly authorized agent may proceed to have the condition corrected, either by city forces or by a private contractor. The actual cost thereof, together with an administrative handling charge of one hundred dollars ($100.00) shall be billed to the property owner or occupant, and if not paid within thirty (30) days, shall be added to and collected in the same manner as the real estate tax on such property.

(c) One written notice, as provided in subsection (a), per growing season (March 1—November 30) is hereby deemed reasonable notice, to owners of vacant, developed or undeveloped property. Upon the failure of the owner to comply with such notice, the city manager or authorized agent may remove or contract for the removal of growth of grass or similar vegetation in accordance with section 18-2 and section 18-3 of this article for the entire growing season.

(d) Every charge authorized by this section in excess of two hundred dollars ($200.00) which has been assessed against the owner of any such property and which remains unpaid shall constitute a lien against such property. Such liens shall have the same priority as other unpaid local taxes and shall be enforceable in the same manner as provided in Code of Virginia, articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of chapter 39 of title 58.1. The city may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(e) Violations of this section shall be subject to a civil penalty, not to exceed fifty dollars ($50.00) for the first violation, or violations arising from the same set of operative facts. The penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall be two hundred dollars ($200.00). Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand dollars ($3,000.00) in a 12-month period.

(Ord. No. 2009-15, 10-13-09; Ord. No. 2013-08, 6-4-13; Ord. No. 2013-17, 10-8-13; Ord. No. 2014-24, 11-18-14)

State Law reference— Authority for above section, Code of Virginia, §§ 15.2-901 and 15.2-1115.

ARTICLE II. - COLLECTION AND DISPOSITION OF REFUSE GENERALLY#

Footnotes: --- (3) ---

Editor's note— Ord. No. 2011-05, adopted May 10, 2011, amended article II in its entirety to read as herein set out. Former article II, §§ 18-21—18-42, pertained to similar material. See the Code Comparative Tables for the article's derivation.

State Law reference— Authority of city to collect and dispose of garbage, Code of Virginia, § 15.2-927.

Sec. 18-21. - Definitions.#

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Apartment complex means any multi-residential building with more than two (2) rental units.

Ashes means that refuse from fires which has been wetted and cooled to the touch prior to collection.

Building materials means any material, such as lumber, brick, plaster, gutters or other substances, accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.

Bulk container means a metal container of either two (2), three (3), four (4), six (6) or eight (8) cubic yards, made of watertight construction with sliding doors opening on two (2) sides and a hinged top, and constructed so that it can be emptied mechanically by specially equipped trucks. Containers shall be kept covered at all times. All new bulk containers shall meet these specifications.

Bulky waste shall mean a large appliance, piece of furniture or waste material from a residential source other than construction and/or demolition debris or hazardous waste that cannot be placed in a refuse cart or container.

CFC/HCFC shall mean those substances described in the Clean Air Act Amendments of 1990, Title VI, Stratospheric Ozone Protection, and any subsequent implementing regulations.

Commercial waste means garbage, rubbish, ashes and other refuse resulting from institutions and commercial concerns, such as hotels, stores and the like.

Central business district means that section of the city bounded by Second Street on the west, City Point Road on the south, Kippax Street on the east and Appomattox Street on the north.

Commercial establishment means any retail, wholesale, institutional, religious, hotel, governmental or other nonresidential establishment at which garbage or trash may be generated.

Director of public works means the director or his designee.

Detachable container means a unit, varying in capacity between twenty (20) cubic yards and forty (40) cubic yards, which is used for collecting, storing and transporting acceptable waste from industry.

Garbage means the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies, insects or animals.

Hazardous waste means waste designated as hazardous by federal law or by regulation of the United States Environmental Protection Agency or the Virginia Department of Environmental Quality. Such waste includes materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives.

Household trash means waste accumulation of paper, sweepings, dust, rags, bottles, ashes, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.

Industrial waste means waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter which is usually attendant to operating a cafeteria or business office. Industrial waste generated from the industrial processes is not collected by the city or its representative. Industrial waste includes debris from demolition and debris from construction of new buildings.

Litter means garbage, refuse, waste material or any other discarded, used or unconsumed substance which is not handled as specified herein.

Mobile container means a wheeled garbage receptacle compatible with garbage collection equipment, and approved by the director of public works.

Refuse is a collective term which encompasses all of the solid wastes of the city.

Single-family dwelling means any dwelling place occupied by one (1) family.

Small dead animals means deceased cats, dogs, small household pets and other deceased animals of similar size.

Trailer court means any grouping of two (2) or more trailers in which either the trailers or the trailer spaces are rented out on a commercial basis.

(Ord. No. 2011-05, 5-10-11)

ARTICLE II. - REFUSE COLLECTION AND DISPOSAL¹#


Sec. 18-22. - Administration and enforcement of article.#

The administration and enforcement of the provisions of this article shall be the responsibility of director of public works and/or any other department or individual designated by the city manager to do so.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-23. - Residential refuse to be collected and removed by city agents only; exceptions.#

(a) No person, other than under contract with the city, to service residential refuse, shall collect or remove any residential garbage or refuse set out for collection except as otherwise approved by director of public works.

(b) The individual, company or corporation with which the city contracts for the removal of residential garbage and refuse set out for collection shall be the exclusive agent of the city for such collection. No person shall contract for the removal of such garbage or refuse with any individual, company or corporation, other than that designated by the city, without the express approval of the director of public works.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-24. - Containers generally.#

(a) The city or its designated representative shall provide containers as indicated by this article for refuse subject to removal by the city or its designated representative.

(b) Residents shall utilize mobile containers whose size and specifications must be approved by the director of public works. Such containers must be so constructed that they can be emptied by the lifting devices mounted on the trucks of the city or its designated representative.

(c) All refuse shall be placed in approved mobile containers, except as otherwise provided in this article, or unless it is impracticable, because of the kind, size or amount of refuse, to do so. In such a case, the excess refuse shall be placed in secure containers or otherwise secured, except for leaves during a scheduled city leaf pickup period.

(d) Bulky waste set outside of mobile containers shall not exceed the quantity of material which can be placed in, and transported safely by, a one-half-ton pick-up truck (approximate maximum dimensions of bulky waste: Eight (8) feet by four (4) feet by four (4) feet).§ The director of public works is authorized to determine when bulky waste exceeds acceptable limits for normal refuse disposal.

(e) Any resident who generates more refuse than can be serviced by one (1) mobile container may purchase a second container.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-25. - Placement for collection; removal of containers from pickup area.#

(a) It shall be the responsibility of each owner or occupant to place his refuse for collection at the proper time and in the proper manner as provided for in this article.

(b) Mobile containers shall not be placed for pickup more than forty-eight (48) hours prior to the collection day.§

(c) Refuse not placed in mobile containers shall not be placed for pickup more than twenty-four (24) hours prior to the collection day, except leaves may be placed for collection at any time during a scheduled city leaf pickup period.

(d) Mobile containers and properly secured refuse shall be placed within five (5) feet of the curb or front of the property for servicing.§ In the event containers and refuse within five (5) feet of the curb or front of the property, the director of public works shall designate the area for the container and refuse to be placed for servicing.

(e) Garbage collection begins at 7:00 a.m. Mobile containers which are not out when the truck passes will not be collected until the next regularly scheduled pickup date. Mobile containers must be removed from the pickup area within twelve (12) hours after pickup.§

(f) Mobile containers shall not be left in the front yard of any lot or piece of property, except during the period provided for herein.§ For the purpose of this section, front yard shall mean "an open space, on the same lot as a building, between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot."

(Ord. No. 2011-05, 5-10-11)


Sec. 18-26. - Frequency of service for mobile containers; backdoor service for such containers.#

Mobile containers shall be serviced only weekly, unless otherwise designated by the city council or the director of public works. Backdoor service is available on a once-per-week basis for residents in households where no member is able to roll the mobile container to the curb. A doctor's certificate may be required by the director of public works in order that such residents may receive this backdoor service.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-27. - Collectors to exercise reasonable care in handling mobile containers.#

Collectors for the city shall exercise reasonable care in the handling of mobile containers and shall not willfully break, deface or injure same.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-28. - Replacement of mobile containers.#

(a) In the event mobile containers have been damaged by misuse by the tenant, homeowner, or commercial user, the director of public works shall have the authority to discontinue service or require the user to replace the damaged container. Failure to remove the toter from the curbside within twelve (12) hours after a pickup, as required by section 18-25, shall be considered misuse. Failure to exercise reasonable care shall be considered misuse.

(b) Mobile containers which become unserviceable through normal wear and tear will be replaced at no charge for owner-occupied residences.

(c) Replacement mobile containers for rental property or commercial property must be purchased by the property owner within five (5) days of notice from the city. The city may replace mobile containers for rental and commercial properties which the owners of such properties fail to timely replace, with the cost therefor to be paid by the property owners. Unpaid mobile container costs shall constitute a lien against the property serviced by the new mobile container.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-29. - Tampering with containers or placing hazardous refuse therein.#

No person shall interfere or otherwise deter the normal refuse collection process by tampering with refuse containers or their contents, unless by permission of the director of public works, nor shall any person place any hazardous waste in any collection receptacle or container.

(Ord. No. 2011-05, 5-10-11)

Cross reference— Release of hazardous substances, notifications, § 25-60.


Sec. 18-31. - Mobile toters for apartment complexes and trailer parks.#

For apartment complexes and trailer parks using the mobile toter system of refuse collection:

(1) The owner shall purchase one toter per each apartment unit or trailer and receive a bill at least quarterly at the same rate per apartment or trailer as is set for other residential units.

(2) Extra toters for laundries, pools, or other facilities will be billed at the same monthly rate.

(3) The owner shall be responsible for replacing lost or damaged toters.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-32. - Charges for residential collection and disposal generally.#

For providing or making available garbage and refuse collection and disposal service to all citizens, residences and participating commercial establishments located within the corporate limits of the city, rates or fees shall be paid as are from time to time by resolution or ordinance set by city council.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-33. - Billing and payment of charges.#

The charges prescribed by section 18-32 shall be billed at least quarterly. Such bills must be paid within thirty (30) days after the date thereof. Delinquent accounts will be charged one (1) percent of the unpaid balance per month commencing the first day of the month following the due date and the cost associated with the collection of a delinquent account will be charged to that account. In addition, failure to pay such a bill within thirty (30) days may result in discontinuation of the pickup service. In the event service is discontinued due to nonpayment, the container will be returned to the city for storage.

(Ord. No. 2011-05, 5-10-11; Ord. No. 2015-1027, 10-27-15)


Sec. 18-35. - Collection of large bulky items.#

(a) Large bulky waste from residences, such as stoves, water heaters, sofas, box springs, and the like, which two (2) men can reasonably load into the back of a standard garbage truck, may be disposed of as other residential waste.

(b) Appliances such as refrigerators, freezers, air conditioners and humidifiers containing CFC/HCFC products from residences may be disposed of as residential waste, provided the resident pays the collection and processing fees for the removal of the CFC/HCFC products. The receipt must be attached to the appliance.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-36. - Collection of tree limbs and other yard waste.#

Tree limbs, cuttings, shrubbery, and similar yard waste may be disposed of as residential refuse, provided that such limbs, cuttings, shrubbery, and the like are cut in four-foot lengths, tied in bundles and stacked in a neat, manageable pile, with the large or base ends towards the curbside in a manner which will not block drainage. Such piles shall be placed next to the refuse container for collection. Lawn trimmings and leaves shall not be placed in the gutter or in any drainage ditch. Materials shall not be of a hazardous nature nor shall any individual item weigh more than seventy-five (75) pounds.§

(Ord. No. 2011-05, 5-10-11)


Sec. 18-37. - Collection and disposal of dead animals.#

Small dead animals shall be picked up at the curb on a call basis, and shall not be placed in or adjacent to mobile containers. Owners of large dead animals shall be responsible for their removal and disposal.

(Ord. No. 2011-05, 5-10-11)

Cross reference— Disposition of dead animals generally, § 6-12.


Sec. 18-38. - Deposit in streets, gutters or other public places; littering.#

(a) It shall be unlawful for any person to put, place or throw any garbage or refuse upon any sidewalk or in any public street, public alley, gutter or drainage ditch or other public place in the city. Such materials shall be accumulated as specified in this article and placed in receptacles as provided for in this article.

(b) Littering is prohibited. Litter shall be prepared and placed for collection as specified in this article.§

(Ord. No. 2011-05, 5-10-11)

Cross reference— Throwing handbills on streets, sidewalks or other public places, § 3-3; deposit of hazardous material on streets, § 33-30; throwing fruit peels on streets or sidewalks, § 33-31.


Sec. 18-39. - Unlawful dumping.#

(a) No garbage, refuse, abandoned junk, or other offensive material shall be dumped, thrown, or allowed to remain on any lot or space within the city limits; provided, however, that the owner of any lot or parcel of land desiring to conduct a fill operation shall apply to an official designated by the city manager for a permit, and any fill operation shall be conducted in accordance with the conditions contained in the permit.

(b) When a violation of the provisions of this section has been observed by any person, the owner or operator of such vehicle shall be presumed to be the person ejecting such garbage, refuse, abandoned junk or other offensive material; provided, however, that such presumption shall be rebuttable by competent evidence. Any person who witnesses and assists in the conviction of a person violating the provisions of this section shall be rewarded fifty dollars ($50.00).

(c) Any person convicted of such violation shall be guilty of a Class I misdemeanor.

(d) This section shall not apply to a city landfill established in accordance with article III of this chapter.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-40. - Notice to remove conditions in violation of article.#

(a) The city manager, or his authorized agent, may give the owner of any property within the city written notice to remove from such property, or from the abutting sidewalk, public street, public alley, gutter or drainage ditch, within twenty-four (24) hours, any condition which is in violation of this article. The written notice may be hand-delivered to the owner of the property, and/or posted on the front door of said property.

If the owner of the property fails to comply with such notice, the city manager may have the garbage, trash, refuse, litter, lawn trimmings, cuttings, leaves or other substances removed by agents or employees of the city. The actual cost of such removal, which shall not be less than forty dollars ($40.00), shall be chargeable to and paid by the owner of the property and may be collected by the city as taxes and levies are collected.

(b) The city manager, or his authorized agent, is authorized to assess a civil penalty, not to exceed fifty dollars ($50.00) for the first violation of this section. The civil penalty for any subsequent violation of this section shall not exceed two hundred dollars ($200.00). Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand dollars ($3,000.00) in a twelve-month period.

(c) Any charge or civil penalty assessed under this section against the owner of a property, and which remains unpaid, shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of chapter 39 of title 58.1.

(Ord. No. 2011-05, 5-10-11)


Sec. 18-41. - Removal of personal property.#

Personal property left outside pursuant to an eviction shall be covered or contained by the real property owner to prevent littering and dispersal. Such personal property shall be removed by the property owner or evicted tenant within forty-eight (48) hours from the time it is placed outside. Property not so moved may be removed by the city, with the cost of such removal to be paid by the property owner or evicted tenant. Failure to pay the removal cost shall result in a lien for the cost being placed on the property.

(Ord. No. 2011-05, 5-10-11)

Sec. 18-42. - Commercial refuse collection and disposal.

(a) Commercial establishments shall provide for on-site containerized refuse collection and disposal, with pick-ups of at least once weekly.§ If approved by the director of public works, a commercial establishment may utilize the city's toter service, or may share a refuse collection and disposal container with an adjacent commercial property.

(b) Commercial refuse collection and disposal must comply with all applicable health regulations.

(c) Commercial establishments failing to provide for refuse collection and disposal as provided in this section shall be charged the city's residential refuse collection fee, but shall not be provided the city refuse collection service.

(d) Commercial establishments located in the central business district (downtown) are authorized to use the city's toter service.

(e) Commercial establishments utilizing the city's toter service shall purchase a toter, and any necessary replacement toter.

(Ord. No. 2011-05, 5-10-11)