§ 42-1. Garbage and trash removal.

(a)

Removal of garbage and trash. All garbage and trash shall be disposed of through regularly authorized collectors in possession of a valid town permit and/or contract. Garbage and trash not defined herein as such will not be collected by the town's contract collector. No garbage, trash or refuse from building or alterations of any structure shall be allowed to remain in or about any dwelling, house, hotel, motel, cafe, restaurant, grocery or meat market or any other commercial establishment, or on any premises a longer time than shall be reasonably necessary to remove it as provided for in this section. All garbage placed for collection shall have the liquid drained off and shall be wrapped in a plastic bag, paper or other combustible material before it is placed in the garbage container. No person shall throw, place or deposit any garbage or trash in any street, alley, public place or private property within the town limits, except in containers as provided in this section.

(b)

Garbage containers. The occupant of every building, premises or place where garbage does or may exist, shall provide himself with an adequate supply of watertight garbage containers made of galvanized steel or plastic in which he shall deposit all garbage and trash existing at the place occupied by such person. Such containers shall be equipped with tight-fitting lids and shall be of a size that can be conveniently handled by the garbage collector. Containers shall not exceed 35-gallon capacity, with the exception that 65- and 95-gallon, roll-out containers shall be permitted. All garbage containers shall be kept reasonably clean by the use of an effective cleaner.

(c)

Placement of garbage and trash containers. Garbage and trash containers shall be placed on the street right-of-way, in front of the property owner's residence or property where the trash was generated, for collection. Garbage and trash not so placed will not be collected. Containers should not be placed out front any earlier than the evening before the regularly-scheduled pickup time and shall be removed within 12 hours after collection.

(d)

Placement of racks or enclosures. No person may place or construct on the town rights-of-way any permanent or semi-permanent wooden or other enclosure or rack designed for the purpose of holding garbage containers. Any such enclosures or racks presently placed on or constructed on town street rights-of-way shall be removed.

(e)

Failure to properly dispose of yard wastes. The town manager shall from time to time prepare regulations relating to the preparation of yard wastes for pickup and time limits with respect to the placement of yard waste for pickup. Yard waste shall be placed on the street right-of-way in front of the property owner's residence or property from which the yard waste came. Such regulations shall be published by the town manager in a manner reasonably designed to notify occupants of properties as to the requirements of such regulations. In the event yard waste is not prepared for pickup according to such regulations, or is placed for pickup at a time not permitted by such regulations, the town will cause noncompliant yard waste to be collected and disposed if practical and the occupant will be assessed the cost for such collection and disposal and a civil penalty according to section 1-12 of the Town Code.

(f)

Collection of fees for garbage and trash removal. The town shall directly bill on a periodic or annual basis, each owner of improved real property for the cost of garbage, trash, yard waste and recyclables removal.

(Code 2001, § 13-4; Ord. of 9-7-1976, §§ 2—5; Ord. No. 2001-9, 8-28-2001; Ord. No. 2002-7, 6-11-2002; Ord. No. 2009-09, 6-9-2009; Ord. No. 2009-17, 10-27-2009; Ord. No. 2010-04, 5-11-2010; Ord. No. 2017-14, 12-13-2017)

State law reference

City may regulate illegal disposal of solid waste, littering, G.S. 160A-185; authority to regulate disposal of trash and garbage within municipal limits, G.S. 160A-303.1; municipal power to require use of solid waste services and to regulate accordingly, G.S. 160A-317(b).