(A) A dumpster shall not be placed on public right-of-way, nor block access to or use of a sidewalk, street or alley unless a permit has been issued by the city. A dumpster that is used on an on-going basis as part of normal solid waste operations and contains less than a five cubic yards, shall be exempt from this subchapter; provided the dumpster creates no safety issues to passers-by. The City Administrator shall have discretion to detennine whether or not a dumpster meets the criteria of this section.
(B) Dumpster permit fees shall be set by resolution of the City Council under the fees resolution.
(C) The permit issued by the city shall contain at a minimum the following provisions:
(1) All permits will be issued by the Chief of Police or his or her designee. A permit will expire after of ten days from the date of issuance. At no time shall a dumpster remain on a street right-of-way for more than ten days except as allowed under division (C)(4) below.
(2) Dumpster placed in the public right-of-way must have a flasher or reflector on the outside corner facing traffic at all times. Where traffic may approach from either side, the dumpster must have a flasher or reflector on the outside corner on both sides. Type I or Type II barricades may be used as an alternate to flashers or reflectors. All flashers, reflectors and barricades shall conform to the standards of the latest addition of the Manual on Uniform Traffic Control Devices.
(3) Dumpsters shall not block a public sidewalk or be placed in a location that restricts the sight lines of an intersection. Sight lines will be determined by the City Services Director at the request of the Chief of Police or his or her designee.
(4) In circumstances where the use of a dumpster is required for more than ten days, a dumpster may be placed in the public right-of-way for construction, remodeling, or demolition projects may exceed the ten day rule with written permission from the City Administrator. However, it shall be removed immediately upon the completion of the project. No dumpster shall be placed in the public right-of-way for more than 30 days without approval from the City Council. The placement for more than ten days shall not be for convenience, but for demonstrated necessity.
(5) No dumpster shall be placed on streets, sides of streets or areas designated as "No Parking." Public parking lots or parks shall also require a permit unless at the request of the city.
(6) The owner and/or the user of a dumpster on a public right-of-way is/are responsible for any public property, street, curb and gutter, or public infrastructure damage.
(7) No dumpster shall be placed in the public right-of-way during the winter snow season, defined for this purpose of this subchapter as the period from November 1 to the next following April 1 without written approval from the City Administrator.
(8) The owner of the dumpster shall, prior to receipt of the permit for placement on public right-of-way, provide to the Chief of Police, a certificate of insurance showing coverage of a minimum of $1,000,000 for any claims involving the dumpster, which certificate shows the city as an additional insured.
(Ord. 845, passed 5-5-2009) Penalty, see § 10.99