§ 9-56-26.1. Dumpster regulations.

A.

There is established a special downtown solid waste collection district that shall be an area bounded by the Mississippi River on the west, Auction Street on the north, Danny Thomas Boulevard on the east and G.E. Patterson on the south.

B.

For purposes of this section, "dumpster" means a watertight container constructed of impervious material and provided with a cover or covers of like material intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials. This term shall not include containers having a maximum capacity of 90 gallons or less, open top rolloff construction containers, or solid waste stationary compactors. "Impervious" means any nonorganic material which prohibits penetration by liquids or other soluble materials.

C.

All existing commercial establishments where dumpsters are in use shall meet the requirements of this section within six months of the effective date of this section.

D.

Any solid waste collection service by private haulers ("private refuse collectors") in this district will require a location permit.

E.

The director of solid waste, or his or her designee, before approving a location permit for private solid waste collection, pursuant to section 9-56-27 of this Code, shall review the proposed dumpster location and determine if the location will require visual screening or site designation. If visual screening is required, a temporary location permit may be issued to remain in effect until approval and completion of construction of the visual screening or enclosure, or for six months, whichever occurs first.

F.

1.

Dumpsters may not be located in a public right-of-way within the downtown solid waste collection district unless it is demonstrated by the applicant for a location permit that:

a.

The physical layout of the property makes it impracticable to locate such dumpster on the private property of the premises using such dumpster; and

b.

Special circumstances make it impracticable for the solid waste generator to employ alternative solid waste collection means such as a shared compactor or hand collection services.

2.

Specific site designation is required for all dumpsters meeting the exception of subsection F.1. and located in a public right-of-way. Site designation shall consist of visual markings on the surface of the public right-of-way identifying the particular place where the dumpster must be placed for as long as the location permit allowing the placement of the dumpster remains valid.

The specific site designation of each dumpster in a public right-of-way must be approved by the design review board, established pursuant to subsection 12-44-7.F. of this Code, prior to the issuance of a location permit by the director of solid waste or by his or her designee.

3.

The owner of any dumpster located in a public right-of-way within the downtown solid waste collection district shall pay to the city a location permit fee of $200.00 per month per dumpster for the use of the public right-of-way and to fund enforcement of the downtown dumpster ordinance. This fee shall be paid in advance by the first of each calendar month for as long as the dumpster is located in a public right-of-way.

4.

Notwithstanding the foregoing of this subsection F., any dumpster that as of November 1, 2011, has a valid location permit allowing it to be located in the public right-of-way within the downtown solid waste collection district, and that is in compliance in all other respects with this section and former subsection F. as it existed as of November 1, 2011, shall not be required to comply with this subsection F. until November 1, 2013, on which date such preexisting location permit shall expire.

5.

The city and Center City Commission d/b/a Downtown Memphis Commission (DMC) are each authorized to remove, at the owner's expense, any dumpster that is located in a public right-of-way within the downtown solid waste district that does not have a valid location permit and site designation pursuant to subsection F.2. If a dumpster has a valid location permit but is not in compliance with this the downtown dumpster ordinance in some other respect, then the city and DMC are each authorized to remove, at the owner's expense, such dumpster after giving the notice and opportunity to cure required by subsection [9-56-26.1.J.]

G.

Dumpsters located or to be located on private property but within public view, will require visual screening or enclosure. Visual screening or enclosure requirements will be determined by the design review board, established pursuant to sections 12-36-3 through 12-36-7 of this Code, prior to the issuance of a permanent location permit. The owner of any premises employing a dumpster shall be responsible, at his or her own expense, for preparing and submitting a design plan for required visual screening or enclosure to the design review board and for constructing the approved project.

H.

In addition to the requirements set forth in subsections B. through F. of this section, all dumpsters located in the downtown solid waste collection district shall comply with the following requirements:

1.

All dumpsters shall have the name and phone number of the private refuse collector holding the location permit for same, as well as the location permit number, stenciled thereon in letters inches in height in a location that is conspicuous and clearly visible from the nearest public through street.

2.

All dumpsters must be equipped with a pad lock, and must remain locked at all times, in order to prevent overflowing and windblown garbage, interference with dumpster contents or frequent accumulation of litter.

3.

All dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.

4.

All dumpsters shall be clean, painted, water tight, and in good condition.

5.

Dumpsters shall be emptied by a private refuse collector at intervals which will preclude overflow. Dumpsters shall not be used for disposal of bulk items, such as furniture and major appliances, that may preclude compliance with this section.

6.

All private refuse collectors holding location permits for dumpsters to be located in public right-of-way shall be responsible for assuring that their dumpsters are and remain within the marked site designation for such dumpster.

7.

The owner of any premises employing a dumpster shall have the obligation and responsibility of assuring that the dumpster is kept closed and locked and of maintaining the dumpster, any dumpster enclosure or screening and all surrounding areas in a clean condition free of overflowing refuse during all times except on a scheduled pick-up date. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problems.

I.

Except as otherwise provided herein, it shall be the obligation and responsibility of the private refuse collector who holds the location permit for a specific dumpster, to assure that such dumpster is in compliance with all provisions of this section, with the exception of subsection G.7. of this section which shall be the obligation and responsibility of the owner of any premises employing such dumpster.

J.

The city is authorized to remove any dumpster which is not in compliance with this section. Prior to any such removal, the city shall give notice of intent to remove a dumpster to the private refuse collector holding a location permit therefor. The notice shall set out the conditions that render the dumpster to be noncompliant with this section. If such conditions are not corrected to the city's satisfaction within seven days from the date of the notice, the city shall remove the dumpster at the expense of the private refuse collector.

K.

Any person, residence, firm, corporation or commercial establishment who violates this section shall be guilty of a misdemeanor fined in an amount not to exceed $50.00 per violation. Each day on which a violation of, or failure to comply with, this section continues shall constitute a separate violation and shall be punishable as such. The city also is entitled to pursue all other remedies to which it is entitled under the authority of applicable law and in accordance with article 2 of this chapter.

(Ord. No. 5707, § 15-26.1, 9-25-2018)