It is lawful to place a waste dumpster upon a public right-of-way, including public thoroughfares, subject to the rules and restrictions set forth below:
1. Definition. “Waste dumpster,” for the purposes of this section, means a container designed for the deposit of waste materials at or near a building or other structure, commonly located on a temporary basis on a street abutting the site, and transportable to and from the site for purpose of disposal of its contents by means of a carrying vehicle.
2. Limit Dates. No person—other than agents or employees of the City—shall place a dumpster upon a public right-of-way or public thoroughfare from November 1 until April 1 each year.
3. Ninety-Day Limitation. No waste dumpster shall be permitted to remain upon City right-of-way or thoroughfare for more than 90 days.
4. City Retained Authority. The City shall retain full right and authority over public thoroughfares and right-of-ways, which shall, upon providing reasonable notice to a property owner, require the removal of a dumpster upon any such location.
5. Placement and Use Regulations. The placement of a waste dumpster upon a street or public right-of-way shall be illuminated with a warning light, light reflector, or reflectorized material on the front and rear surfaces in such a manner as to indicate the height and width of it, and shall be visible for a distance of not less than 300 feet between the hours of sunset and sunrise. The location and utilization of a waste dumpster upon a City street shall not be in any manner which constitutes a safety hazard to persons or property.
6. Compliance with State and Federal Laws. Location utilization of a waste dumpster on a street or right-of way shall be in compliance with all federal, State and local laws, rules, and regulations applicable thereto, including (but not limited to) any highway, occupancy, or permit required by the Iowa Department of Transportation. The waste dumpster shall be kept at least 20 feet from any crosswalk or from any intersection and must be placed so it does not block the view of any motorist pulling into a roadway.
7. Identification. The waste dumpster shall be conspicuously marked with the name, address, and phone number of its owner.
8. Miscellaneous Rules.
A. During all times when the waste dumpster is in place or in use, a suitable weather resistant cover shall be placed over it in order to protect the contents from being displaced and/or causing litter on public property or private premises or creating offense odors or other health hazards.
B. In all instances the container shall be placed in a manner to prevent inadvertent movement from its original location.
C. No overflow of any material shall be permitted from the waste dumpster, nor shall any accumulation of any material next to the waste dumpster or street storage be permitted.
D. Only one waste dumpster shall be permitted on public right-of-way serving any property.
E. The owner of the dumpster shall assume all risk of damage and the City should not be liable for any damage to the waste dumpster when the City is plowing snow, maintaining the street, or performing other public functions.