(A) Purpose. It shall be illegal for any person to place one or more dumpsters or portable storage units in or upon any street or public grounds or upon private property without first having obtained a Permit. Unless specifically listed herein the provisions of Chapter 52: Garbage and Trash shall apply.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DUMPSTER. A container designed to receive, transport and dump waste.
PORTABLE STORAGE UNIT. A container designed or used for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and/or removed by truck.
(C) Permit.
(1) Every person seeking to place one or more dumpsters or portable storage units in or upon a street or public grounds or upon private property shall first apply to the Building Official or designated representative for a Permit. No permit shall be issued for placement of one or more dumpsters or portable storage units on a street or public grounds unless placement on private property is not reasonably feasible.
(2) The application fee for a permit allowing the temporary placement of dumpsters or portable storage units in or upon any street or public grounds or upon private property shall be set by resolution of the City Council. The fee for failing to obtain a permit prior to the placement of a dumpster or portable storage unit shall be set by resolution of the City Council. The application fee is waived for any permit allowing the temporary placement of dumpsters or portable storage units upon private property.
(3) Every provider applying for a permit to place one or more dumpsters or every applicant apply for a permit to place one or more portable storage units in or upon any street or public grounds or upon private property shall provide a bond in the amount of $1,000 to cover the cost to repair any damage caused by the applicant’s use of the street or public grounds for such purpose. No permit shall be issued until such bond has been provided to the city. If the cost to repair any damage caused by the provider or applicant’s use of the street or public grounds exceeds the value of such bond, such amount shall become a debt of the applicant, immediately due and owing to the city.
(4) Application for a permit must be submitted to the Building Official or designated representative at least 3 workings days prior to the proposed placement of one or more dumpsters or portable storage units in or upon any street or public grounds or upon private property.
(5) Each provider or applicant holder shall allow access to private property by the Building Official or designated representative, during reasonable hours of the day to verify compliance with the applicable provisions of this § 96.18.
(6) By applying for a permit, each provider or applicant agrees to any and all provisions of this § 96.18.
(D) Duration of permits.
(1) Permits issued for placement on streets and/or public grounds shall be limited in duration as follows.
(a) Dumpsters - 30 days.
(b) Portable storage units - 14 days.
(2) Permits issued for placement on private property shall be limited in duration to 45 days.
(3) The duration of permits may be extended for good cause shown at the discretion of the Building Official or designated representative.
(E) General restrictions and requirements.
(1) No dumpsters or portable storage units in or upon any street or public grounds or upon private property shall be filled beyond the top of such dumpster or portable storage facility.
(2) Dumpsters or portable storage units in or upon any street or public grounds or upon private property units shall be emptied as soon as practical, or when full, and no mechanical, hydraulic or electrical loader, compactor, packer or conveyor in the residential districts may begin before 6:00 a.m. and in business districts shall not begin before 5:00 a.m. and in either district after 9:00 p.m. in conjunction therewith.
(3) No dumpsters or portable storage units in or upon any street or public grounds or upon private property shall be filled by means of a chute, conveyor, belt, or other device, located in, above, on or across a street, or by dropping or throwing items in, above, on or across a street, unless the permit authorizing placement of such dumpsters or portable storage units in or upon any street or public grounds or upon private property specifically authorizes such method.
(4) During such times that dumpsters or portable storage units in or upon any street or public grounds or upon private property are not actively being filled or emptied with materials, all dumpsters and portable storage units shall be covered by tarpaulin or other secured material, as approved by Building Official or designated representative, to prevent debris from blowing out of the container.
(F) (1) General placement; visibility.
(a) Dumpsters or portable storage units in or upon any street or public grounds shall not be placed closer than 40 feet from any intersection. The Building Official or designated representative must approve the proposed location of any dumpsters or portable storage units in or upon any street or public grounds.
(b) A placard or decal shall be affixed to each dumpsters or portable storage units in or upon any street or public grounds or upon private property until such time as the dumpster or portable storage facility is removed. Such placard or decal shall have one or more warning signs of a contrasting color to identify that the container is dangerous, that children should be kept away, that playing in, on or about the dumpster or portable storage facility is prohibited.
(c) Dumpsters or portable storage units in or upon any street or public grounds shall be visible at night from all angles of traffic flow. Means to provide nighttime visibility include, but are not limited to, the use of reflecting tape at least 2 inches in width, reflectors, cones or other methods as approved by the Building Official or designated representative.
(d) When required by the City Engineer, additional traffic control devices meeting the latest MUTCD standards shall be placed on the street to warn traffic of obstacles on the street.
(2) All required visibility devices and/or signage shall be provided by the applicant, owner, agent, contractor, employer, or permit holder.
(G) Emergency removal. In the event of an emergency, any dumpsters or portable storage units in or upon any street or public grounds or upon private property may be removed by the Building Official or designated representative, and/or police, fire, or public utility personnel. The city shall not be liable for any loss or damage caused by such emergency removal.
(H) Use restrictions.
(1) No hazardous material or organic waste shall be placed in a dumpster or portable storage facility.
(2) It shall be the responsibility of the permit holder to maintain the dumpster or storage unit rodent, vermin and insect free.
(3) Any person who violates the restrictions set forth herein may be held liable for such conduct, which liability is in addition to any other penalties or sanctions that may be imposed.
(I) Duty to remove. It shall be the responsibility of the applicant, owner, agent, contractor, employer, or permit holder to remove the dumpster or portable storage unit prior to the expiration of
the permit, or when ordered to by authorized city personnel. The city or a designee shall have the right to enter upon any street, public grounds or upon private property or any lot or parcel of land for the purpose of removing any dumpster or portable storage unit remaining after the permit has expired. All costs of removal, including an administrative fee to defray costs of enforcing this section, will be assessed to the applicant, owner, agent, contractor, employer, or permit holder, except those incurred for emergency removal.
(J) Penalty. Any person who violates the restrictions set forth in this § 96.18 may be subject to an administrative fee established by resolution of the City Council and removal costs incurred by the city, and shall be in addition to the required permit fees. Ordinance proceedings may also be commenced with associated § 10.99 penalties, as well as other available legal or equitable remedies.
(K) Conflicts. Whenever there is a conflict between provisions of City of Vermillion’s Code of Ordinances and this § 96.18, the most restrictive provision shall govern.
(Ord. 1253, passed 5-16-2011)