Editor's Note: Ord. No. 391, § 1, adopted 1-29-1981,
amended Ch. 8, Garbage, rubbish and wastes, in its entirety, to read
as herein set out, with minor, nonsubstantive additions and deletions
made for purposes of clarity. The substantive provisions of former
Ch. 8, §§ 8-1—8-15, were derived from R.O. 1947,
ch. 42, §§ 1—3, 5; R.O. 1947, ch. 24, §§ 10,
11 and from: Ord. No. 626, § 6; Ord. No. 63, §§ 1—4,
9-10-1968; Ord. No. 182, §§ 1, 2; Ord. No. 171; Ord.
No. 183, § 1; Ord. No. 148, § 1, 4-28-1971; Ord.
No. 196, § 1, 9-13-1973.
GENERAL REFERENCES
Junk dealers and waste collectors — See Ch. 10.
Depositing refuse, ashes, etc., in rivers, etc. — See § 14-2.
Public Utilities Advisory Committee — See Ch. 18 1/2.
Streets and sidewalks — See Ch. 20.
STATE LAW REFERENCES
Disposal of garbage, etc., on highways and private property —
See MGL c. 270, §§ 16, 17.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 652, 1-11-1990]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person, firm or concern permitted by the city to deliver, on its behalf, waste to the resource recovery facility duly licensed under chapter 10 of the Code of the City of Pittsfield.
All waste, fish, fowl, fruit, vegetable, or animal matter,
exclusive of animal carcasses.
A disposal facility for final disposition of residue or solid
waste on land in compliance with all federal, state and local regulations.
Discarded nonhazardous solid waste materials of domestic
origin, including, but not limited to, paper products not associated
with food or sanitary waste, such as newspapers, magazines, corrugated
cardboard, mixed paper and high-grade paper; unbroken, empty, glass
bottles and containers; and clean, empty aluminum, tinned, steel or
bimetal beverage or food cans and containers.
Ash, fly ash and other unburnable portions of the incinerated
refuse, including minor quantities of combustible and putrescible
matter.
Vicon Recovery Associates Facility at which solid waste is
processed for the purpose of extracting resources and converting to
energy.
Discarded material consisting of rubbish, and garbage of
domestic, commercial or industrial origin. Solid or semisolid in form,
shall include wood, paper, fabric, food wastes, yard wastes, plastics,
metals, glass, earthenware and other unwanted materials. Excluded
shall be waste material generated by the razing of buildings and other
structures (including roads and fences), waste requiring special handling
or procedures (such as radioactive, pathological and explosive wastes,
and recyclable materials.
Passenger cars and trucks having a gross weight not in excess
of 10,000 pounds and not used for business purposes.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 518, § 3,
8-19-1985; Ord. No. 1149, § I, 9-29-2015]
Subject to the powers and duties of the Director of Public Health as provided by statute, the collection and disposal of materials described or referred to in section 8-1 shall be under the jurisdiction and charge of the commissioner of public utilities.
[Ord. No. 693, § 1, 3-25-1992]
(a)
Established. A resource recovery committee is established to advise
the mayor, city council and commissioner of public utilities on all
matters such as, but not limited to, solid waste collection, resource
recovery, and recycling in the city, in promulgating rules, regulations
and rates in conformity with law.
(b)
The Resource Recovery Committee shall consist of seven members, one of whom shall be the Director of Public Health. In accordance with Article 2, Section 2-10, Article 3, Section 3-3 and Article 6 of Chapter 72 of the Acts of 2013, the Mayor shall appoint all of the members to the Resource Recovery Committee subject to City Council approval. Each member shall serve without compensation. In accordance with Article 10, Section 10-6(a) of Chapter 72 of the Acts of 2013, the members of the Resource Recovery Committee shall elect from the membership a chairperson, vice chairperson, a secretary and any other officers that the membership deems necessary.
[Ord. No. 1127, § I, 3-10-2015]
(c)
Excepting the Director of Public Health, who shall serve as long
as he/she serves as a city official, the remaining members shall serve
a term of five years. In the event of a vacancy, the Mayor shall appoint
a successor as soon as practicable, subject to city council approval,
and said successor shall fulfill the unexpired term of the member
whose seat was vacated. Members may be removed by the Mayor for cause,
subject to the approval of a majority of the members of the City Council.
[Ord. No. 1127, § I, 3-10-2015]
(d)
Meetings. The Resource Recovery Committee shall meet regularly once
a month. Special meetings may be called by the Commissioner, the Chairperson
or by any four members.
[Ord. No. 1162, § I, 10-13-2015]
(a)
Purpose: This section is enacted pursuant to the general police power
in order to protect the health, safety and welfare of the inhabitants
of the City of Pittsfield.
(b)
Findings: The elimination of expanded polystyrene food containers
is in the best interests of the health and welfare of City inhabitants
because, in 2011, the U.S. Department of Health and Human Services,
through its National Toxicology Program, has determined that styrene
is reasonably anticipated to be a human carcinogen, which can leach
into food and beverages via polystyrene containers.
(c)
BIODEGRADABLE FOOD SERVICE CONTAINER
DISPOSABLE FOOD SERVICE CONTAINER
EXPANDED POLYSTYRENE (EPS)
FOOD ESTABLISHMENT
POLYSTYRENE
PREPARED FOOD
RECYCLABLE FOOD SERVICE CONTAINER
Definitions:
Within three years having the ability to one-hundred-percent
completely break down, or within three years decompose back into the
natural environment without causing harm.
Single-use disposable products for serving or transporting
prepared, ready-to-consume food or beverages. This includes but is
not limited to plates, cups, bowls, trays and hinged or lidded containers.
This definition does not include single-use disposable utensils, nor
does it include single-use disposable packaging for unprepared foods.
The Board of Health shall have final say as to what is or is not a
disposable food service container.
Polystyrene that has been expanded or "blown" using a gaseous
blowing agent into a solid foam.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, as further defined
in 105 CMR 590.002. Any establishment requiring a permit to operate
in accordance with the State Food Code, 105 CMR 590.000 et seq., shall
be considered a food establishment for purposes of this section. The
Board of Health shall determine what is or is not a food establishment.
Expanded polystyrene which is a thermoplastic petrochemical
material utilizing a styrene monomer and processed by any number of
techniques, including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and
extrusion-blow molding (extruded foam polystyrene).
Any food or beverage prepared for consumption on the food
establishment's premises, using any cooking or food preparation technique.
This does not include any raw uncooked meat, fish or eggs unless provided
for consumption without further food preparation.
A food service container completely capable of reuse as a
food service container 10 or more times, or completely capable of
being used as a high quality recyclate, wherein the materials of the
food service container may be completely reclaimed and used in new
food service containers at least 10 times.
(d)
Prohibition:
i.
A food establishment is prohibited from dispensing prepared food
to customers in disposable food services containers that are made
in whole or part from expanded polystyrene. This would eliminate any
requirement that the product also be biodegradable and recyclable.
(e)
Deferments:
i.
Upon written application, the Board of Health, after a public hearing,
may defer application of this section for a food establishment for
a one-year period, upon a showing by the food establishment that the
conditions of this section would cause undue hardship. For purposes
of this section, an "undue hardship" is a situation unique to the
food establishment where there are no reasonable alternatives to the
use of expanded polystyrene disposable food service containers and
compliance with this provision would cause significant economic hardship
to that food establishment.
ii.
A food establishment granted a deferment by the City must reapply
prior to the end of the one-year exemption period and demonstrate
continued undue hardship, if it wishes to have the deferment extended.
Deferments may only be granted for intervals not to exceed one year.
iii.
A deferment granted in accordance with this section may be extended
for no more than one additional one-year period, upon written application
to the Board of Health at least two months prior to the expiration
of the first deferment period and upon a showing that the circumstances
justifying the deferment continue to exist.
iv.
A deferment application shall include all information necessary for
the City to make its decision, including, but not limited to, documentation
showing the factual support for the claimed deferment. The Board of
Health may require the applicant to provide additional information
to permit it to determine facts regarding the deferment application.
v.
The Board of Health may approve the deferment application, in whole
or in part, with or without conditions that it deems necessary to
protect the public health and further the interests of this section.
vi.
Deferment decisions are effective immediately and final.
(f)
Enforcement:
i.
An agent of the Board of Health shall inquire on an annual basis
regarding any food establishment's compliance with this section as
a condition for renewal of the establishment's food service permit.
ii.
The Board of Health, after a hearing conducted in accordance with
the procedures set forth in 105 CMR 590.14 and 105 CMR 590.15, may
suspend or revoke the food service permit for any establishment failing
to comply with this section.
iii.
An agent of the Board of Health shall have primary responsibility
for enforcement of this provision and shall have authority to issue
citations for violation(s). The Health Department or its designee
is authorized to establish regulations or administrative procedures
and to take any and all actions reasonable and necessary to further
the purposes of this chapter or to obtain compliance with this chapter,
including, but not limited to, inspecting any vendor's premises to
verify compliance in accordance with applicable law.
iv.
An agent of the Board of Health may enforce this bylaw or enjoin
violations thereof through any lawful process, and the election of
one remedy by the Board of Health shall not preclude enforcement through
any other lawful means.
v.
Any member of the public who observes a potential violation of this
section shall be able to file a complaint with the Board of Health
who shall investigate whether there is a violation of this section.
vi.
Penalties and fines for violations of this section may be enforced
as follows: This section shall be enforced by the Board of Health
or its designee. Whoever violates any provision of this section may
be penalized by a noncriminal disposition process as provided in MGL
c.40, § 21D and the City's noncriminal disposition ordinance.
If noncriminal disposition is elected, then any person who violates
any provision of this section shall be subject to the following penalties:
a)
First offense: a written warning to the food establishment which
will specify the violation.
b)
Second offense: a fine of $25.
c)
Third offense: a fine of $50.
d)
Fines are cumulative and each day or portion thereof shall constitute
a separate offense. If more than one, each condition violated shall
constitute a separate offense.
e)
Whoever violates any provision of this section may be penalized
by virtue of a civil complaint brought in the district court.
[Ord. No. 1215, § I, 3-26-2019[1]]
(a)
Purpose: The purpose of this section is to protect the City's unique
natural beauty and irreplaceable natural resources by reducing the
number of single-use plastic check-out bags that are distributed in
the City of Pittsfield and to promote the use of reusable bags.
(b)
CHECK-OUT BAG
COMPOSTABLE PLASTIC BAG
ENFORCEMENT AUTHORITY
RECYCLABLE PAPER BAG
RETAIL ESTABLISHMENT
REUSABLE BAG
THIN-FILM SINGLE-USE PLASTIC CHECK-OUT BAGS
General definitions: The following words shall, unless the context
clearly requires otherwise, have the following meanings:
A bag provided by a store to a customer at the point of sale.
Check-out bags shall not include bags, whether plastic or not, in
which loose produce or products are placed by the consumer to deliver
such items to the point of sale or check-out area of the store
A plastic bag that (1) conforms to the current ASTM D6400;
(2) is certified and labeled as meeting the ASTM D6400 standard specification
by a recognized verification entity; and (3) must be capable of undergoing
biological decomposition in a compost site such that the material
breaks down into carbon dioxide, water, inorganic compounds and biomass
at a rate consistent with known compostable materials.
The Health Department.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag (1) the word "recyclable" or a symbol identifying
the bag as recyclable; and (2) a label identifying the bag as being
made from post-consumer recycled content and the percentage of post-consumer
recycled content in the bag.
Any business facility that sells goods directly to the consumer,
whether for or not for profit, including, but not limited to, retail
stores, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either polyester, polypropylene, cotton
or other durable material, or durable plastic that is at least 3.0
mils in thickness.
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), or polypropylene (other than woven and nonwoven polypropylene
fabric), if said film is less than 3.0 mils in thickness.
(c)
Regulated conduct:
(1)
No retail establishment shall sell or convey merchandise to
consumers in thin-film single-use plastic bags. If a retail establishment
provides or sells check-out bags to customers, the bags must be one
of the following: recyclable paper bag; reusable check-out bag; or
compostable plastic bag.
(2)
A retail establishment that provides any type of Check-out bag
may sell them for no less than five cents ($0.05) per bag. All moneys
collected pursuant to this ordinance shall be retained by the retail
establishment.
(e)
Penalties and enforcement.
(1)
If it is determined that a violation has occurred, the Enforcement
Authority shall issue a warning notice to the retail establishment
for the initial violation.
(2)
If an additional violation of this section has occurred within
one year after a warning notice has been issued for an initial violation,
the Enforcement Authority shall issue a notice of violation and shall
impose a penalty against the retail establishment.
(3)
The penalty for each violation that occurs after the issuance
of the warning notice shall be no more than:
(f)
Hardship deferments:
(1)
A review committee shall be established to receive and review
deferment request applications and to request and obtain supporting
information before referring the request to the Board of Health. The
review committee will consist of a member of the Board of Health or
its designee, a member of the City Council, and a member of the Green
Commission.
(2)
Upon written application from a retail establishment, the Board
of Health, or its designee, may temporarily defer application of this
section for a period of up to one year upon showing by the retail
establishment that the conditions of this section would cause:
(a)
Circumstances or situations unique to the particular retail
establishment such that there are no reasonable alternatives to bags
that are not recyclable paper bags, compostable plastic bags or reusable
bags;
(b)
Circumstances or situations unique to the retail establishment
such that compliance with the requirements of this chapter would deprive
a person of a legally protected right;
(c)
Circumstances or situations where a retail establishment requires
additional time in order to draw down an existing inventory of single-use
plastic check-out bags;
(d)
Circumstances or situations where compliance with any section
of this section would cause significant economic difficulty and/or
undue hardship.
(3)
A deferment granted in accordance with this section may be extended
for no more than two additional six-month periods, upon written application
to the Board of Health at least two months prior to the expiration
of the prior deferment period and upon a showing that the circumstances
justifying the deferment continue to exist.
(4)
The Board of Health may approve the deferment application, in
whole or in part, with or without conditions that it deems necessary
to protect the environment and public health and further the interests
of this section.
(5)
Deferment decisions are effective immediately and final.
(g)
Severability and ordinance numbering: Any word, term, or provision
declared invalid or unenforceable for any reason may be severed from
this section without affecting viability of the whole.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2020.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 475, § 1,
4-27-1984; Ord. No. 518, § 3, 8-19-1985]
Dumping hours for solid waste at the resource recovery facility, or other site designated by Vicon Recovery Associates, or the City, shall be determined and established by the Commissioner of Public Utilities pursuant to his rule-making authority under section 8-4 of this Code.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 518, § 3,
8-19-1985; Ord. No. 1149, § II, 9-29-2015]
(a)
Subject, so far as applicable, or in case of connict, to the power of the Director of Public Health to make rules and regulations under Sections 31A and 31B of Chapter 111 of the General Laws and to the rules and regulations, made by such Commissioner thereunder, this chapter, Chapter 10 of this Code and the rules and regulations promulgated hereunder, shall regulate the collection and disposal of solid waste in the City of Pittsfield.
(b)
The Commissioner of Public Utilities shall make additional rules
and regulations as necessary relating to the collection and proper
disposal of solid waste which are not inconsistent with this chapter
or the laws of the commonwealth.
(c)
Such rules and regulations shall take effect upon approval by the
Mayor and City Council and filing in the office of the City clerk.
All such rules and regulations shall be published once in a newspaper
published in the City prior to their effective date and such publication
shall serve as notice to all persons.
[Ord. No. 856, §§ I, II, 5-25-1999; Ord. No.
884, § 1, 1-9-2001; Ord. No. 987, § 1, 10-10-2006]
(a)
Except as set forth below, the City or its agent collector shall
collect all solid waste and specified recyclables once each week on
assigned days.
(b)
The City’s collection of solid waste shall be limited to residential
structures containing four or fewer living units. A solid waste service
charge shall be levied against the owners of four-family properties,
but owner-occupied four-family properties shall be exempt from this
charge. The solid waste service charge shall be adopted by the City
Council.
(c)
The City shall collect recyclables from any location, providing such
recyclables are prepared and placed at the curb for collection in
a container and in a manner acceptable for pickup by the City or its
agent collector.
(d)
Residents of every household, including multiresidential structures,
shall separate waste materials into three categories before depositing
such wastes for collection and disposal. Waste materials shall be
separated as either mixed recyclable glass, metal, plastic and waxed
containers; mixed recyclable papers and corrugated cardboard; and
other solid wastes. Wastes and recyclables so separated shall be properly
contained in a manner and to an extent as to not create any health
or other hazard and shall be placed for collection so as to be clearly
identifiable to the collector.
(e)
No yard or agricultural waste consisting of leaves, grass or hedge
clippings, tree branches, brush or other similar materials shall be
mixed in with other solid waste in any container or bundled and placed
at the curb at the same time as other solid waste for collection by
the City or its agent collector.
(f)
No bulky wastes or white goods consisting of items of unusually large
size, including, but not limited to, air conditioners, heating units,
stoves, washing machines, dryers, refrigerators, mattresses, bedsprings,
couches, tables, large auto parts, stumps, etc., shall be collected
by the City or its agent collector on any regular collection day.
(g)
The City shall not collect for disposal any hazardous waste, explosive
waste, demolition waste, infectious waste, waste prohibited from disposal
by incineration or landfill by any federal or state law or regulation,
or any other special waste, which, by itself or in combination with
other wastes, exists in any chemical or physical state such that particular
management controls and nonstandard municipal refuse collection equipment
and practices are required to prevent an adverse impact from its collection,
transportation, transfer, storage, processing, treatment or disposal.
(h)
Recyclable materials properly separated and deposited for collection
shall become the property of the City or its agent collector for collection
and disposal to the exclusion of any other person, party or agent.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 393, § 1,
2-27-1981]
Garbage is to be well drained of free water and wrapped in paper
or other combustible material and stored in a watertight, tightly
covered container. All loose materials which normally fit into containers
but which are excess as a result of special circumstances such as
holidays shall be bundled and tied securely to prevent them from blowing
or scattering and shall be placed beside the containers. All items
too large to fit into containers, such as, but not limited to, appliances,
furniture and mattresses, shall be disposed of promptly by the owner
or user. Containers shall be kept covered at all times. Waste material
shall be stored in no more than two points on the premises.
[Ord. No. 391, § 1, 1-29-1981]
All solid waste to be collected by the City shall be placed
in a suitable container, with handles, not to exceed 32 gallons in
capacity.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 393, § 2,
2-27-1981]
Containers for waste shall be available for collection at the
curbside, no more than five feet from edge of road, and in such places
as not to constitute a nuisance. Waste collection crews shall not
be required to collect containers for waste which are stored or placed
in a garage, cellar hatchway, enclosed porches or any portion of a
house or building. Vicious animals shall be tied. Following collection,
containers shall be promptly removed from curbside. Any container
which does not conform to prescribed standards or which has defects
likely to hamper collection or injure the person collecting the contents
thereof or the public generally shall be replaced promptly by the
owner or user of the container.
[Ord. No. 391, § 1, 1-29-1981]
(a)
Private collectors of bones, fat, hides and tallow from markets and
slaughterhouses shall be licensed hereunder. Such bones, fat, hides
and tallow shall be carried through the streets only in covered watertight
containers which shall be clean inside and out. These containers shall
have tight-fitting covers.
(b)
Such private collectors shall, before engaging in such business,
be licensed by the Director of Public Health and shall conduct their
work so as to ensure the safe and sanitary transportation of such
materials through the city. Before a license required by this section
is issued by the Director of Public Health, applicants shall be required
to pay to the city a fee of $2 per year. Such license may be revoked
by the Director of Public Health at any time if he finds that the
manner of collection, transportation, storage or disposal is not in
conformity with the provisions of the license.
[Ord. No. 1149, §§ III––V, 9-29-2015]
(c)
The total number of such private collectors shall be limited by the
Director of Public Health to such number as may be in the best interests
of the city.
[Ord. No. 1149, § VI, 9-29-2015]
(d)
These wastes are not considered acceptable waste for disposal at
the resource recovery facility.
[Ord. No. 391, § 1, 1-29-1981]
(a)
All disposal of solid waste, unless legally disposed of at the site
of origin, shall be at the resource recovery facility, or such other
place mutually agreed upon by Vicon Recovery Associates and the city
as set forth in the solid waste disposal and resource recovery agreement.
(b)
Nothing in this chapter shall prohibit the legal disposal of waste
in a home, commercial or industrial establishment without the necessity
of storage or collections provided such disposal meets all applicable
local, state and federal regulations.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 652, 1-11-1990]
No person owning or operating a vehicle traveling on a public way shall, by himself, his agents or servants, carry in it or cause or allow it to contain waste materials, sand, gravel, ashes, rubbish, junk, paper, paper, boxes, covers, bottles, tins or like materials, unless such materials are covered, fastened, or contained in such fashion that they may not fall from or be blown off or scattered from such vehicle. The fact that such materials do fall from or are blown off or scattered from vehicles traveling on public ways shall create a presumption that they were not properly covered, contained, or fastened as provided by this section. Violators of this section shall be subject to the cost of removal of said debris in addition to any penalties as set forth in this chapter and under Chapter 10 of this Code.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 393, § 3,
2-27-1981; Ord. No. 652, 1-11-1990]
No person, by himself, his agents or servant, shall place or deposit or cause to be placed or deposited in or on any public way or place except at the designated disposal site, or in or on any place, public or private, where the same may be reasonably expected to be blown or scattered by the wind or other natural forces, any rubbish, paper, paper boxes, covers, bottles, tins or like materials. Violators of this section shall be subject to the cost of removal of said debris in addition to any penalties as set forth in this chapter and under Chapter 10 of this Code.
[Ord. No. 391, § 1, 1-29-1981; Ord. No. 383, § 4,
2-27-1981; Ord. No. 560, § 1, 12-1-1986; Ord. No. 611, § 1,
7-13-1988; Ord. No. 883, §§ I, II, 1-9-2001]
(a)
All persons disposing of waste at the resource recovery facility must obtain a vehicle sticker from the city clerk, or his designee. Private vehicles registered to city residents that are not used for commercial purposes may obtain a vehicle sticker upon presentation of vehicle registration to the city clerk, or his designee. Commercial and industrial vehicles must carry vehicle stickers assigned as set forth in Chapter 10 of this Code.
(b)
Private vehicles bearing stickers may dispose of waste at the facility
at rates to be established from time to time by the commissioner of
public utilities and adopted by the city council.
(c)
Commercial vehicles bearing stickers shall weigh in on scales provided
by Vicon Recovery Associates and a per ton disposal fee shall be assessed
and collected by Vicon Recovery Associates. The disposal fee shall
be established from time to time by the commissioner of public utilities,
subject to the approval of the city council.
[Ord. No. 391, § 1, 1-29-1981]
In case any one or more of the provisions contained in this
chapter shall, for any reason, be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision of this chapter, but this chapter
shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
[Ord. No. 652, 1-11-1990; Ord. No. 674, § 4, 5-29-1991;
Ord. No. 803, § I, 6-26-1996]
This section shall apply to all businesses in the city with
dumpsters.
(1)
It shall be unlawful to place or permit to remain anywhere in the
city any garbage or other material subject to decay other than leaves
or grass, excepting in a tightly covered metal container.
(2)
It shall be unlawful to cause or to permit to accumulate any dust,
ashes, garbage, or trash that can be blown away by the wind or accessible
to persons who may strew its contents, excepting in a tightly covered
metal container.
(3)
Any businesses initially found violating the provisions of this section
shall be ordered by the director of municipal inspections to make
its dumpster secure by placing a padlock on the dumpster to prevent
the strewing or blowing away of its contents.
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Any business that fails to comply with such an order by the director of municipal inspections under this section shall be subject to the provisions of Chapter 4 1/2.
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