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A. Any person who does any of the following acts commits the offense of misuse of a commercial shared trash enclosure:

1. Deposits, throws, or leaves anywhere within a commercial shared trash enclosure any item that is not trash or recyclables;

2. Deposits, throws, or leaves any solid waste in a commercial shared trash enclosure if such person has not been authorized by the director to use such enclosure;

3. Deposits, throws, or leaves any solid waste anywhere within a commercial shared trash enclosure, except within the appropriate containers;

4. Deposits, throws, or leaves any solid waste within 10 feet of the exterior wall of a commercial shared trash enclosure;

5. Deposits hot ashes within a commercial shared trash enclosure;

6. Deposits grease within a commercial shared trash enclosure;

7. Places any recyclable material in a recycling container within a commercial shared trash enclosure that is clearly indicated by signage or labeling as being intended to contain only other types of recyclable materials.

B. An employer is legally accountable under this section for the conduct of his or her employees that violates the provisions of this section if such conduct occurs in the course and scope of such employment. It shall be presumed that such conduct was caused to be done, requested, commanded, or authorized by the employer as part of the employee's duties. (Ord. 25, Series 2022)