§ 7-104. Curbside recycling for dwelling units.

(a)

Dwelling unit curbside collection services will be provided on a day designated for collection by the director of public works or designee. Recycling containers shall not be placed at curbside more than twenty-four (24) hours prior to the day of scheduled collection.

(b)

Special collection services for the physically disabled shall be available as specified in the public works departmental policy. Anyone who is unable, because of a disability, hardship, age, or handicap, to roll the container to the curb may receive additional assistance at no cost, upon approval by the director of public works or designee, who may require additional documentation including, but not limited to, a doctor's certification of need for the service as proof thereof provided there is no one else living in the dwelling unit that can push the cart curbside.

(c)

In order to collect recyclables, the owner or occupant of each dwelling unit shall place all recyclables in approved containers and place such recycling containers at the curb or edge of the abutting street prior to 7:00 a.m. and a minimum of four (4) feet from any object which may interfere with collection on the regularly scheduled pickup day but no earlier than twenty-four (24) hours prior to that time. Residential recycling containers shall be removed from the curb or edge of the abutting street and stored behind the building line of the dwelling unit no later than 10:00 p.m. on the day following the regularly scheduled pickup day. Public notice shall be given of any change of collection day. City collection personnel shall not provide service if denied reasonable access by parked vehicles, equipment, fixed objects, low hanging wires, animals or other obstructions.

(d)

Recycling collection begins at 7:00 a.m. and containers not available for collection on the scheduled day will not be collected until the next regularly scheduled day. Containers shall be removed from the curb by the unit resident the day that they are serviced and shall not be stored in front of a dwelling unit. Any variations from these requirements require the approval of the director of public works or designee. Failure to remove the container from the curb the day that the container is serviced is deemed in violation of this section, which shall result in the following:

(1)

As a result of a first violation, written warning of such violation shall be issued to the unit resident where the container is located with no monetary penalty.

(2)

A second violation shall subject the offender to a civil penalty in accordance with the fee and penalty schedule as approved by city council. Such civil penalty shall be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within the time prescribed herein. A third written citation shall be issued to the unit resident where the containers are located, stating the amount of the penalty and that the penalty is to be paid to the Finance Director, Kannapolis City Offices, 246 Oak Avenue, Kannapolis, North Carolina, or such other address as directed, within five (5) days. If the penalty is not paid within the time prescribed, the city may initiate a civil action in the nature of a debt and recover the sum of the penalty plus the costs of the action.

(3)

Each and every day's violation of any provision of this article after the first violation shall constitute a separate and distinct offense.

(e)

The director of public works or designee shall determine that area considered to be the curb as it relates to the recycling collection pickup point.

(f)

Spilled materials or overflow not caused by city collection crews shall be cleaned up immediately after such spillage or overflow by the unit resident or multi-family recycling responsible party. Spilled materials caused by city collection crews shall be cleaned up immediately after such spillage occurs by such crew.

(g)

Recyclable materials shall only be collected from city provided or approved recycling containers. No recyclable material shall be collected from containers designated for solid waste collection.

(Ord. No. 2014-12 , § 9, 4-28-14)