§ 138-42. Days of collection; placement and removal of garbage carts.

(a)

Except as otherwise designated by the director, the automated or semi-automated solid waste collection system shall be the method used for household and small business solid waste collection services provided by the city.

(1)

The director of the department of sanitation shall designate when the collection of trash and garbage shall be made in various areas of the city.

(2)

All locations outside the French Quarter and Downtown Development District that receive curbside collection of solid waste shall place their solid waste curbside for collection prior to 5:00 a.m. on the day designated for collection, but not prior to 4:00 p.m. of the day prior to the designated collection day for collection between the hours of 5:00 a.m. and 8:00 p.m. All carts shall be removed from the curb or service alley as promptly as possible, but no later than 8:00 p.m. on the day of collection.

(3)

All locations within the boundaries of the French Quarter or Downtown Development District that receive curbside collection of solid waste shall place their solid waste curbside for collection prior to 4:00 a.m. for collection between the hours of 4:00 a.m. and 8:00 a.m. All carts shall be removed from the curb as promptly as possible, but no later than 9:00 a.m. after the morning collection. Properties within the commercial area of the French Quarter or the Downtown Development District, that receive twice-per-day collection, shall place their solid waste curbside for the second collection no earlier than 3:30 p.m. for collection between the hours of 4:00 p.m. and 6:00 p.m. All carts shall be removed from the curb as promptly as possible after collection. All carts shall be removed from the curb between the hours of 9:00 a.m. and 3:30 p.m.

(4)

Solid waste from commercial businesses within the boundaries of the French Quarter or Downtown Development District shall be properly contained in garbage receptacles with tight-fitting lids or placed in fastened 3.0-mil or greater thick, black, plastic bags. White trash bags, grocery bags, paper bags, and cardboard boxes are not acceptable for collection of solid waste.

(5)

All commercial businesses within the boundaries of the French Quarter or Downtown Development District shall make arrangements with their private collection contractors to increase the frequency of collections during special events if significant increases in their volumes of solid waste are anticipated.

(6)

Any person 60 years of age or older shall be allowed to place carts with trash and garbage, bagged yard waste, or bundles of tree limbs at the curb adjacent to his or her residence outside of the times listed in section 138-42(a)(2) and 138-42(a)(3). Any person 60 years of age or older who receives written notification of a violation of this provision shall provide proof of residence and proof of age in order to be exempt from the penalties imposed by section 138-37.

(7)

Service locations receiving curbside collection shall place roll carts at the curb in front of the service location on the designated collection days in such a manner that it allows for the safe and efficient operation of the collection vehicle and does not interfere with pedestrian or vehicular traffic. Roll carts shall be placed so that they open toward the street or alley. It shall be unlawful to permit carts to remain adjacent to the curb, except on regular collection days. Carts shall be stored, between collection days, on the service location's private property so as to not interfere with pedestrian or vehicular traffic along sidewalks, streets, and other rights-of-way.

(b)

All contract haulers collecting or transporting refuse within the boundaries of the French Quarter or Downtown Development District shall complete all work between the hours of 4:00 a.m. and 8:00 a.m. Commercial haulers that provide twice per day collection within the boundaries of the French Quarter or Downtown Development District shall complete all night work between the hours of 4:00 p.m. and 6:00 p.m.

(c)

It shall constitute presumptive evidence that the occupant and/or owner of the establishment whose address corresponds to the serial number or barcode on the roll cart in which such garbage is held, or on the garbage itself, specifically authorized and/or directed the placement of the garbage out at, a time other than authorized above. This presumption shall be applicable when such garbage is found adjacent to or in the vicinity of the building of the party or parties whose address corresponds with the roll cart in which such garbage trash is found or on the contents found in the cart.

(Code 1956, § 28-8; M.C.S., Ord. No. 22601, § 1, 4-19-07; M.C.S., Ord. No. 27886, § 1, 10-4-18)