A. Permit Required: It is unlawful for any person, firm or corporation to cause or permit any container to be delivered and left at any location within any public street, alley, or other public right-of-way (or on private rights-of-way within which the City is authorized to provide police protection or fire protection services) without first obtaining a permit from the City in accordance with this section. For the purpose of this section, "container" means any container, including dumpsters and modular storage devices, designed to be delivered to a location for the temporary outdoor storage of waste or personal property and to be subsequently removed for disposal or storage at another location.
No permit shall be issued pursuant to this section unless, in the judgment of the Director of Community and Economic Development, the applicant demonstrates that delivery of a container to a location on private property improved with a hard paved surface, or another surface deemed appropriate by the Director of Community and Economic Development, is not feasible.
B. Permit Application Process:
1. A person desiring a permit to locate a container in a right-of-way must complete an application on forms provided by the Department of Community and Economic Development. The application must state why it is not feasible to deliver and leave the container on private property improved with a hard paved surface or another surface deemed appropriate by the Director of Community and Economic Development.
2. Upon proper application and payment of a permit fee of one hundred dollars ($100.00), the Director of Community and Economic Development may issue a permit allowing the applicant to deliver and leave a container in a right-of-way, subject to the requirements and restrictions set forth in this section, for a period not to exceed thirty (30) consecutive days. The Director of Community and Economic Development may issue an administrative extension of one additional fifteen (15) day period upon application by the applicant. A separate permit is required under this section for each container proposed to be delivered and left in a right-of-way, and a new permit must be obtained if a permittee proposes to change the location of a container for which a permit has been previously issued.
3. A copy of each permit issued pursuant to this section shall be provided to the City's Police, Fire, Public Works and Engineering, and Community and Economic Development Departments, as soon as practicable after such permit is issued, so that those departments will be advised of the issuance of the permit and the location of the container.
C. Barricades Required: At all times that a container is left in a right-of-way pursuant to a permit issued in accordance with this section, the permittee must install and maintain a minimum of two (2) barricades with flashing lights of a type and at locations approved by the Director of Public Works and Engineering to alert traffic to the location of the container. If a permittee does not install and maintain the barricades required by this subsection, the City shall have the right to install and maintain the required barricades and charge the permittee with all costs incurred by the City for the installation and maintenance of the barricades.
D. Restrictions: A permit shall not be issued pursuant to this section unless the proposed container and location satisfy all of the following requirements:
1. The container shall not be located within any restricted or prohibited parking area;
2. The container shall not be located in front of any property without the consent of the property owner;
3. The container shall not block ingress to or egress from any property;
4. The container shall not obstruct the safe passage of vehicular or pedestrian traffic within the right-of-way;
5. The container shall not be located within twenty feet (20') of any fire hydrant;
6. The container shall not be located within twenty feet (20') of an intersection with another street, alley, or driveway other than a driveway serving the property benefited by the container;
7. The container shall be located not more than twelve inches (12") from the curb or, where no curb exists, the edge of the paved surface of the right-of-way on which the container is located; and
8. The container shall bear reflective stripes or other markings that enhance visibility of the container by motorists and pedestrians.
E. Joint And Several Liability:
1. The applicant for a permit for a container, and the supplier or hauler delivering the container, shall be jointly and severally liable for all costs and liability caused by the container, including, without limitation, costs and liability arising from debris falling from the container and any damage to the surface of the street, alley or curb.
2. A permittee pursuant to this section must maintain all containers and the area around the containers free and clear of ice and snow. The City is not responsible for the removal of ice and snow at or around any container, nor is the City responsible for any ice and snow that accumulates on and around a container as a result of the normal operations of street clearing processes.
3. If the City determines, in its sole discretion, that a traffic, pedestrian, health or public welfare or other hazard exists, the City may require any permittee to remove a container within twenty four (24) hours after receipt of written notice from the City. Each day that any container remains within a public right-of-way after the twenty four (24) hour notice period has expired shall be a separate violation of this section.
4. If the City determines, in its sole discretion, that a container must be immediately removed from a public right-of- way to protect the public health and safety, the City may cause the container to be removed and charge the permittee with all costs incurred by the City for removal of the container.
F. Penalty: Any person violating any of the provisions of this section shall be subject to a fine as provided in the general penalty in section 1-4-1 of this Code and, in addition thereto, shall be responsible and make full payment for any damage to City property. Citations for violations of this section may be issued to the owner of the property benefited by a container and also to any person or entity that acts as an agent for the owner. (Ord. M-7-16, 3-7-2016)