City-Wide Trash Laws
1139.03 Private Collectors Prohibited(a) Subscription to Municipal Service or City's Designated Independent Contractor Required. No person, except the City or its designated independent Contractor, shall engage in or conduct the business of collection, transportation, removal or disposal of solid waste within the City. Private scavengers, pushcart operators and private garbage collectors are hereby prohibited from engaging in the business of transporting or disposing of solid waste, and all persons and commercial entities, residing in and doing business within the City shall be required to subscribe to, take and pay for the service provided by the City in accordance with the terms of this Article; provided, however, that this Article shall not be construed to conflict with the laws of this state or of the United States, including without limitation the authority of the United States Congress to regulate commerce among the several states.
(b) Each owner of the real property containing a Commercial Unit shall be responsible for subscribing to the Minimum Service required by this Article; provided that, where an occupant of such Commercial Unit has an active separately-billed account for service with the Morgantown Utility Board, such occupant shall subscribe and pay for the required Minimum Service upon determination by the City Manager that it qualifies as a Residential Unit based on the separate billing arrangement
(c) Each Residential Unit shall maintain a subscription to the solid waste service required by this Article at all times during which such Residential Unit is subscribed to water and/or sewer service provided by the Morgantown Utility Board. Each owner of the real property containing a Residential Unit shall be responsible for subscribing to the Minimum Service required by this Article; provided that, where an occupant of such Residential Unit has an active separately-billed account for public water service, such occupant shall be responsible for subscribing to and maintaining the required Minimum Service.
(d) Each person obligated to subscribe to solid waste service shall subscribe to a level of service designed to meet the minimum anticipated requirements of the unit being served. Subscription to adequate service, including provision of an appropriate container size and appropriate collection cycle, promotes the sanitary storage, transportation, and disposal of solid waste and prevents improper disposal of solid waste as well as spillage and leakage from solid waste containers. This level of service is deemed the Minimum Service requirement and is based upon a reasonable estimate of waste generated by each type of unit served, as defined herein, in accordance with the practice and guidelines of the solid waste management industry. The Minimum Service for each unit shall be a subscription sufficient do dispose of the anticipated waste generated by each unit as defined in Table 1139.03.01 or as otherwise required pursuant to the rules and regulations authorized by this Article upon the determination of the City Manager. Subscription to the Minimum Service shall not absolve any person from any other requirement of this Article, including without limitation the requirement to properly store solid waste and related containers.
1139.05 Storage of Garbage & Recyclables(a) Solid waste and recyclable materials shall be stored in containers provided by the City’s designated contractor or such other method as authorized by the City Manager or a designee in accordance with this Article and any applicable contract or permit governing the disposal of solid waste within the City. A garbage bag shall be acceptable as a solid waste container only when it contains no food waste or recyclable materials, but no material may be stored outdoors in a garbage bag outside of the designated time period for curbside solid waste collection.
(b) No person shall deposit or store solid waste in solid waste containers unless such solid waste has been prepared for collection, removal and disposal, and complies with the definition of solid waste as set out in this article. Lids shall be kept on solid waste containers at all times. Solid waste and recyclable containers shall not be stored in front yards or on front porches of residences on a regular basis, where said containers can be viewed by the general public, unless a special waiver for the same has been issued to a residence, in writing, by the City Manager. When required by the Building Code or other applicable provision of City Code, storage containers shall be kept within a secure enclosure.