10-3-2: HOLD HARMLESS:

As a condition of the issuance of a permit, the permit holder shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of an encroachment, whether sustained by any person or persons, caused by accident or otherwise, and to defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of said encroachment on public property. (2007 Code § 41-117)

10-3-3: INSURANCE:

Prior to the issuance of a permit for an encroachment on public property, the permit holder shall provide proof of insurance acceptable to the city manager. (2007 Code § 41-118)

10-3-4: REVOCATION OF PERMIT:

   A.   Notice Of Revocation For Noncompliance: A permit granted under this chapter shall be revocable upon ten (10) days' written notice by the city to the permit holder at the convenience of the city. A permit also may be revoked or not renewed for failure to comply with the requirements of this chapter or any other applicable legal requirements, or for fraud, deceit, or misrepresentation in connection with an application for a permit.

   B.   Specifying Reasons For Revocation: In the event of such revocation, the city shall notify the permit holder in writing of such revocation or refusal of renewal, specifying the reasons therein for such refusal.

   C.   Removal Of Encroachment: The permit holder, within thirty (30) days of receipt of a written notice from the city manager to remove an encroachment on public property, shall at the permit holder's expense remove such encroachment. In the event of the permit holder's failure to do so, the city manager shall remove the encroachment at the permit holder's expense and dispose of the same. The permit holder shall agree in writing prior to the issuance of a permit to make no claim against the city or its agents for damages resulting from the removal of said encroachment.

   D.   Threat To Public Safety; Time Limit; City Removal: Nothing in this section shall preclude the city manager from giving immediate notice to a permit holder to remove an encroachment on public property in the event such encroachment has been damaged or has been moved or otherwise placed to cause an immediate threat to public safety. In the event the encroachment is not removed within seven (7) days of such notification, the city manager shall remove such encroachment as provided in subsection C of this section. (2007 Code § 41-119)

ARTICLE A. WASTE COLLECTION RECEPTACLES

SECTION:

10-3A-1: Definitions

10-3A-2: Permit Requirements; Fees

10-3A-3: Maintenance

10-3A-4: Exclusion

10-3A-5: Exception

10-3A-1: DEFINITIONS:

The following words, when used in this article, shall have the following meanings:

PUBLIC PLACES: Public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares and commons.

WASTE: Garbage, refuse including waste incidental to food preparation, wastepaper, boxes, construction materials, manufacturing materials, market waste, garden waste, trees, tree limbs, leaves and any and all other similar materials. (2007 Code § 41-121)

10-3A-2: PERMIT REQUIREMENTS; FEES:

   A.   Permit Required: No person, firm or corporation shall place and/or maintain any waste collection receptacle on or in any public place without first obtaining a permit therefor, providing acceptable proof of liability insurance and paying the permit fee, all as provided in this section. (2007 Code § 41-122)

   B.   Application For Permit: An application for permit shall be filed with the city manager on a form to be provided by the city manager. Such application for a permit shall be filed with the city manager not less than seven (7) days prior to the date the waste collection receptacle is to be so located. (2007 Code § 41-123)

   C.   Permit Fees:

      1.   The applicant shall pay a permit fee established by the city manager to the city for each waste collection receptacle at the time of the filing of an application for each receptacle.

      2.   A permit holder shall pay an annual renewal permit fee established by the city manager to the city for each waste collection receptacle in place as of July 1 of that year.

      3.   Permits issued pursuant to subsections C1 and C2 of this section shall be valid only for the calendar year in which issued and shall not be transferable from one location to another location except to a location with the same post office address.

      4.   The city manager shall establish a permit fee for a temporary waste collection receptacle to be placed in a public place.

      5.   Permit fees are nonrefundable and are not subject to proration.

      6.   The permit and authority granted by the issuance of a permit is for the sole benefit of the permit holder and is not transferable to any other person without the prior written consent of the city manager. (2007 Code § 41-124)

10-3A-3: MAINTENANCE:

Each waste collection receptacle for which a permit is issued shall be:

   A.   Maintained in a clean and sanitary condition at all times;

   B.   Kept painted and clearly identified in bold lettering as property of the permit holder;

   C.   Maintained in a good state of repair; and

   D.   Constructed and be of such materials as to meet all state and federal regulations governing the manufacturing of receptacles for the collection of waste. (2007 Code § 41-125)