§ 5.02.03. Preparation and storage.

(A)

No householder or commercial operator shall permit to accumulate upon the premises any solid waste except in containers provided by the householder, Athens City, pursuant to Section 5.05.05, or commercial operator. All solid waste and recyclables, as defined in Section 5.05.01, shall be kept in containers stored out of view from the addressed street number. Waivers, through a written application, may be granted by the service-safety director, or his/her designee. Containers may be placed at the curbside after 7:00 p.m. the day before the regularly scheduled pickup day, plastic bags may be placed at the curbside for pickup but no earlier than 7:00 a.m. the day of regularly scheduled pickup. Containers and recycling containers shall be removed from the curb by sundown on the pickup day. All containers shall be washed and treated with a disinfectant as often as necessary to prevent nuisance by the householder or commercial operator to whom the same belong.

(B)

No person having solid waste in the city shall deposit or place it upon any public street, place or on private property in the city, nor may any person deposit or place the same into any stream bed or body of water in the city. While this section prohibits the burial of garbage, it is not intended to preclude composting if approved by the health department. It shall be considered a minor misdemeanor to place any solid waste in public trash containers except that which is normally generated in public places, such as candy and cigarette wrappers.

(C)

All persons are hereby required to collect such solid waste in suitable receptacles on the premises in possession of the party responsible therefore and then dispose of it in accordance with this ordinance. The premises shall be cleared of solid waste as often as necessary but at least every seven days, so as to eliminate any nuisance to the public.

(D)

The code enforcement officers, sanitarian, litter control officer, and others assigned by the service-safety director shall be supplied with citation tags that include the name, if available, address, and level of offense for the purpose of notice to persons violating litter regulations in Sections 5.02.03, 13.07.06, and 29.12.01. The notice may be given by delivering such tag to the violator by affixing it to the dwelling unit housing said violator. The citation tags shall direct the violator to properly dispose of litter and/or properly store litter. The fine shall be charged to the resident's utility bill. The ticket/citation will be documented by a digital picture of each offense to be filed and maintained by the citing officer. The penalty for violating Section 5.02.03 shall be a fine of $50.00 for the first offense, $75.00 for the second offense, $100.00 for the third offense, $125.00 for the fourth offense, and $150.00 for the fifth and subsequent offenses. The ticket/citation tag shall state:

The violator has a right to appeal the ticket prior to the fine being placed on the violator's utility bill. To appeal, the violator must file a written request for an appeal with the utility department, 8 East Washington Street, Athens, Ohio, 45701, either in person or by mail within three business days of receipt of the notice. If an appeal is not requested within 3 business days of receipt of the notice, the fine shall be placed on the violator's utility bill.

(Ord. No. 0-89-14, § I, 12-1-2014; Ord. No. 0-16-16, § I, 2-22-2016; Ord. No. 0-46-17, § I, 5-1-2017)