In all places where mixed refuse is accumulated, a sufficient number of receptacles to contain the mixed refuse between collections must be provided and maintained as specified in the City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>. City Code, 1950, art. 31, §3 1966, art. 23, §3 1976/83, art. 23, §3 Ord. 49-955 Ord. 02-475 Ord. 09-175

Occupants of any dwelling, including any multiple-family dwelling, and the proprietor of any boarding house, hotel, restaurant, and other place where mixed refuse is accumulated must place the mixed refuse into a receptacle provided for that purpose, as required by <cite data-path="|23|§2-1">§ 2-1 of this subtitle</cite>. Each of these persons must:keep the receptacle covered continually, except when it is being filled or emptied; and place the receptacle:in a position that is easily accessible to the collector; or otherwise in the manner and at time designated by the Director of Public Works. All mixed refuse must be kept as dry as practicable. City Code, 1879, art. 23, §92 1893, art. 48, §189 1927, art. 44, §8 1950, art. 31, §4 1966, art. 23, §4 1976/83, art. 23, §4 Ord. 16-138 Ord. 19-564 Ord. 49-955 Ord. 76-144 Ord. 09-175

In this section, the following terms have the meanings indicated. “Condominium or cooperative” means:a condominium regime formed under the Maryland Condominium Act, State Real Property Article Title 11; or a cooperative housing corporation formed under the Maryland Cooperative Housing Corporation Act, State Corporations and Associations Article, Title 5, Subtitle 6B. The Director of Public Works must collect all mixed refuse, recyclable materials, and yard waste from all dwellings, including multiple-family dwellings, and from all boarding houses, hotels, restaurants, hospitals, and other places where mixed refuse is accumulated, subject to the quantity limitations specified in this section. For each designated collection day, the amount to be collected from each place is:for mixed refuse, limited to 96 gallons; and for recyclable materials and yard waste, if bundled or contained separately from mixed refuse, unlimited. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Public Works shall adopt rules and regulations for granting exceptions from the quantity limitations specified in subsection (c) of this section for single-family dwellings whose occupants demonstrate an inability to meet those limitations. However, the total amount of mixed refuse to be allowed under an exception may not exceed 160 gallons. The limitations specified in subsection (c) of this section may be exceeded by the Director of Public Works for condominiums, cooperatives, and other multiple-family dwellings, other than apartment structures originally built as apartment structures, if the Director is authorized to do so by the Board of Estimates, based on considerations of public health, safety, and welfare. Before requesting authorization to collect mixed refuse from a condominium or cooperative, the Director must:receive a written request for those services; receive documentation that a majority of the units in the condominium or cooperative are owner-occupied as a primary residence; have a right-of-entry agreement with the condominium or cooperative; approve a feasible means to collect mixed refuse from the condominium or cooperative; and approve a feasible means to collect recyclable materials from the condominium or cooperative. To continue collecting mixed refuse and recyclable materials from a condominium or cooperative, the Director must receive biennial documentation that the majority of the units are owner-occupied as a primary residence. City Code, 1950, art. 31, §5 1966, art. 23, §5 1976/83, art. 23, §§5, 6(c), (d) Ord. 49-955 Ord. 53-578 Ord. 66-872 Ord. 76-144 Ord. 88-176 Ord. 09-175 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed section (d)(1) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

It is unlawful to place or cause to be placed with mixed refuse any ashes, plaster, or yard or garden soil. If a mixture of this sort is found in any receptacle, the occupant of the premises must separate the ashes, plaster, and yard or garden soil from the other contents. City Code, 1927, art. 44, §10 1950, art. 31, §7 1966, art. 23,§7 1976/83, art. 23, §7 Ord. 19-564 Ord. 49-955 Ord. 09-175

Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 09-175