§ 94.03  LOCATION OF REFUSE DUMPSTERS IN PUBLIC RIGHT-OF-WAYS.
   (A)   A refuse dumpster is any portable container used or designed for collection of, transportation of, or disposal of refuse, waste, construction/demolition materials, or the like. Refuse dumpster shall include, but not be limited to, “roll off” boxes or containers, collection bins or tubs.
   (B)   It shall be unlawful for any persons to place a refuse dumpster on any public street or right-of-way without first obtaining a permit from the city.
   (C)   A refuse dumpster shall only be permitted to occupy public property if it is not feasible and practical for the dumpster to occupy the private property to be served by the dumpster.
   (D)   It shall be the responsibility of the person or company providing the dumpster to obtain a permit from the city prior to locating a dumpster on a public street or within a city right-of-way. Parties needing a permit should contact the Code Enforcement Officer at City Hall, 259 Vine Street, Clinton, Indiana.
   (E)   A refuse dumpster permit shall be valid for a period of 15 days.
   (F)   When the initial 15-day period has expired, the dumpster shall be permanently removed or an extension shall be requested. The extension of a permit shall be valid for 15 days. In no case shall a refuse dumpster be permitted on the public right-of-way for more than 30 days at a single location.
   (G)   The placement of a refuse dumpster on a public street or in a public right-of-way shall comply with the following safety standards. All dumpsters shall:
      (1)   Be placed as close to the curb as possible, or, where there is no curb, as close to the edge of the street as possible;
      (2)   Be placed no closer than 20 feet to an intersection or 15 feet to a fire hydrant;
      (3)   Be placed so not to obstruct vehicular traffic;
      (4)   Not be placed on a public sidewalk or in any way obstruct pedestrian traffic;
      (5)   Be loaded so no refuse is protruding beyond the top or sides, and so the area surrounding the dumpster is kept clean and free of refuse; and
      (6)   Be clearly marked on each exterior corner with reflective tape.
   (H)   The refuse dumpster permit shall be displayed in clear view on the property for which the permit is issued.
   (I)   The permittee assumes all liability and holds harmless the city against all claims, damages, suits, penalties, fines and liability for injury or death to persons or loss or damage to property related to the placement of a dumpster in the public right-of-way.
   (J)   Obtaining a permit does not relieve the permittee from any liability for damage caused to sidewalks, curbs, and roads related to the placement of the dumpster.
   (K)   The city reserves the right to order a dumpster removed or moved if it is found to violate any of the standards in this section or otherwise compromise the public health, safety, or general welfare. Temporary removal may be required to facilitate activities such as snow removal, street cleaning, public parking, or street improvements. The cost of removal shall be billed to and the responsibility of the dumpster permittee.
(Ord. 6-2013-1, passed 7-5-2013; Ord. 6-2013-1, passed 8-20-2013)  Penalty, see § 94.99