Chapter 12.40
REFUSE CONTAINERS ON PUBLIC PROPERTY*
Sections:
12.40.020 Permit – Applications.
12.40.040 Approval or denial of permits.
12.40.050 Applicant must establish public benefit.
12.40.060 Nonexclusive permits.
12.40.070 Maintenance and repair.
12.40.080 Advertising matter on refuse containers.
12.40.090 Permit nontransferable.
12.40.110 Identification of refuse containers.
12.40.120 Hold harmless agreement.
12.40.130 Report for license fees.
12.40.150 Revocation or modification of permits.
12.40.160 Hearing for revocation or modification.
* Code reviser’s note: Refer to Chapter 8.68 PMC for solid waste management regulations.
12.40.010 Permit – Required.
No person shall place or cause to be placed or maintain or cause to be maintained any trash container, refuse container, “litter can” or other container intended for use by the public to deposit refuse, hereinafter referred to in this chapter as “refuse container,” in or upon any City highway or City-owned property in the City or permit any refuse container to remain upon any City highway or City-owned property without first obtaining a written permit from the City Council; provided, however, this section shall not apply to an owner or occupant of property who places or maintains a refuse container adjacent to the traveled way of the City highway abutting such property, in such manner that the private refuse container will not interfere with the movement of pedestrians or vehicular traffic or the parking of vehicles, for use by the public to deposit refuse or for the purpose of permitting such container to be emptied by a refuse collector. (Ord. 29 § 1, 1981; CC § 74.101)
12.40.020 Permit – Applications.
A person desiring a permit required by this title shall file with the City Council an application for such permit. Each application shall be accompanied by a detailed plan giving a full description of the proposed location of each refuse container applied for, the type and design of the container to be used, and such other information as may be required by the City Council. (Ord. 29 § 1, 1981; CC § 74.102)
12.40.030 Filing fee.
A filing fee shall be paid to the City upon the filing of each application for a permit as provided in this chapter for the purpose of defraying the expense of investigating the application. The amount of the filing fee shall be established by City Council resolution from time to time. (Ord. 683 § 54, 2008; Ord. 29 § 1, 1981; CC § 74.103)
12.40.040 Approval or denial of permits.
The authority to approve, conditionally approve, or deny applications for refuse container permits is vested in the City Council. (Ord. 29 § 1, 1981; CC § 74.104)
12.40.050 Applicant must establish public benefit.
A. If the City Council determines that the granting of the permit will benefit the public health, safety or welfare, that there is a need for refuse containers at the location proposed in the application, and that the establishment of refuse containers at the proposed locations will not be detrimental to the public or to property, the City Council may grant the permit upon such terms and conditions and for such period of time as it finds to be in the public interest.
B. The City Council may deny an application in whole or in part if it determines that the refuse containers are not needed at the proposed location, that such containers would impair the movement of pedestrian or vehicular traffic or create a hazard to persons or property, or that the proposed containers are not of a type or designed or constructed so as to properly serve their intended purpose, or if it determines that the granting of such permit would be detrimental to the public health, safety or welfare. (Ord. 29 § 1, 1981; CC § 74.105)
12.40.060 Nonexclusive permits.
The City Council shall have the right to grant more than one permit to establish and maintain refuse containers in the same area during the same period of time; provided, however, in issuing a permit the City Council may grant an exclusive right within a prescribed area for a period not to exceed two years upon such conditions as may be specified by said Council which shall include a condition that the permittee shall be required to establish and maintain a refuse container at each location in such area determined by the Director of Public Services to require a refuse container to serve the public. (Ord. 29 § 1, 1981; CC § 74.106)
12.40.070 Maintenance and repair.
The permittee shall at all times keep and maintain each of the refuse containers in a good state of repair and in a neat, clean and sanitary condition and to the satisfaction of the Director of Public Services. Said maintenance shall include: painting at such intervals as may be specified from time to time by the Director of Public Services to ensure that the containers have a neat appearance; repairing of any damage within 72 hours after written notification of damage given by the Director of Public Services; and emptying at such times or intervals of time as may be prescribed by the Director of Public Services. Said times or intervals of time may be changed by the Director of Public Services from time to time. (Ord. 29 § 1, 1981; CC § 74.107)
12.40.080 Advertising matter on refuse containers.
The permittee may use the sides of the refuse containers for the purpose of placing advertising matter thereon; provided, however, that no advertising determined by the Director of Public Services to be detrimental to the public interest shall be placed thereon. The Director of Public Services may order the removal of any advertising matter determined by him to be detrimental to the public interest and the permittee shall forthwith remove the same. (Ord. 29 § 1, 1981; CC § 74.108)
12.40.090 Permit nontransferable.
The permit shall not be transferable from one person to another. (Ord. 29 § 1, 1981; CC § 74.109)
12.40.100 Insurance.
The permittee shall file with the Director of Public Services a policy of insurance, or copy thereof, issued by a company authorized to do business in the State; said policy shall name the City as a named insured, and shall indemnify the City for any loss, damage or liability suffered by the City by reason of the existence of said refuse containers in or upon the City highways and/or the operation and maintenance of said refuse containers. Said policy of insurance shall indemnify the City in the sum of $100,000 or more against loss or liability arising from the injury or death of one person, and shall indemnify the City in the sum of $300,000 or more against loss or liability arising from the injury or death of two or more persons in any one accident, and the sum of $10,000 or more with respect to any property damage aforesaid. Such indemnity, public liability and property damage insurance shall be maintained in full force and effect during the entire term of the permit granted pursuant to this chapter. (Ord. 29 § 1, 1981; CC § 74.110)
12.40.110 Identification of refuse containers.
Each refuse container shall have placed thereon at a location approved by the Director of Public Services a small identification marker giving the name of the permittee, his address, and serial number of each refuse container. (Ord. 29 § 1, 1981; CC § 74.111)
12.40.120 Hold harmless agreement.
A. Prior to the issuance of a permit pursuant to this chapter, the permittee shall enter into an agreement with the City whereby the permittee shall agree as follows: The City, its agents, officers and employees, shall not be, nor be held liable for any claims, liabilities, penalties, fines or for any damage to any goods, properties or effects of any person whatsoever, or for personal injuries to or deaths of any person, whether caused by or resulting from any acts or omissions of permittee, or his agents, employees or representatives, or for dangerous or defective conditions of the property of permittee or in any way caused by refuse containers placed or maintained pursuant to the permit; permittee further agrees to indemnify and save free and harmless and defend in any lawsuit the City and its authorized agents, officers, and employees against any of the foregoing liabilities and any cost and expenses incurred by the City, its agents, officers or employees on account of any claim therefor. In the event that a court of competent jurisdiction should determine that the City has no authority to provide by ordinance, permit or agreement for the placing of refuse containers on City highways with the right to display advertising matter thereon, the permittee nevertheless agrees to assume the foregoing obligations and liabilities. (Ord. 29 § 1, 1981; CC § 74.112)
12.40.130 Report for license fees.
The permit shall specify the locations at which refuse containers may be maintained or authorize the Director of Public Services to approve such locations within a prescribed area. The permittee shall file with the Director of Public Services within 90 days after the issuance of the permit a report showing each approved location at which a refuse container is maintained and whether advertising matter is displayed on the container at such location. Thereafter, every three months or at such times as the Director of Public Services prescribes, the permittee shall file with the Director of Public Services an itemized report showing any additional approved locations at which refuse containers have been established and those approved locations at which refuse containers are no longer maintained. The permittee shall have the right to establish and maintain the number of refuse containers specified in the permit. (Ord. 29 § 1, 1981; CC § 74.113)
12.40.140 Permit fees.
For each refuse container maintained and upon which is displayed advertising matter, the permittee shall pay a license fee. Said fee shall be payable in arrears to the Director of Public Works quarterly on January 1st, April 1st, July 1st and October 1st of each year. The amount of the license fee shall be established by City Council resolution from time to time. (Ord. 683 § 55, 2008; Ord. 29 § 1, 1981; CC § 74.114)
12.40.150 Revocation or modification of permits.
After a public hearing as provided in this chapter, the City Council may revoke or modify any permit which has been granted pursuant to this chapter on any one or more of the following grounds:
A. That such permit was obtained by fraud;
B. That the use for which such permit was granted is not being exercised;
C. That the use for which such permit was granted has ceased or has been suspended for two months or more;
D. That any person making use of or relying upon the permit has violated any conditions of such permit, or that the use for which permit was granted, is being, or recently has been, exercised contrary to the terms or conditions of the permit, or in violation of any statute, ordinance, law or regulation or such person has failed to comply with any order of the Director of Public Services;
E. That the use for which the permit was granted is so exercised as to be detrimental to the public health, safety or welfare or so as to be a nuisance;
F. That the permittee fails to pay the license fees required by PMC 12.40.140 within 10 days after the due date. (Ord. 29 § 1, 1981; CC § 74.115)
12.40.160 Hearing for revocation or modification.
A. The City Council on its own motion may, or upon the filing of a complaint by the Director of Public Services shall, hold a hearing for the modification or revocation of any permit provided for in this chapter. Said hearing shall be held within 40 days after the filing of a written complaint with the City Clerk which sets forth the grounds of revocation or modification in clear and concise language. At least 10 days before the hearing, a copy of said complaint shall be mailed to the permittee together with a notice of the time and place of the hearing. The permittee may file an answer to the charges set forth in the complaint within five days after the notice of hearing is deposited in the United States mail. After the hearing the Council may:
1. Revoke or modify the permit as requested in the complaint; or
2. Deny the revocations and modifications requested in the complaint in whole or in part.
B. The decision of the City Council shall be final and conclusive. (Ord. 29 § 1, 1981; CC § 74.116)
12.40.170 Termination.
A. Each permit issued pursuant to this chapter shall terminate at the expiration of two years from the date of issuance by the City Council unless the permit is issued for a shorter period in which event it shall terminate at the end of such shorter period. In the event no use in reliance on a permit issued pursuant to this chapter is commenced within a period of 12 months from the date of issuance, or within an extension of said time as granted by the City Council, then said permit shall terminate and expire.
B. Upon the termination or revocation of any permit issued pursuant to this chapter the person to whom the permit was issued shall remove all refuse containers placed or maintained upon any City highway or City-owned property pursuant to such permit. In the event such person fails to remove such refuse containers within 10 days after notice by the Director of Public Services to do so, the City may elect to treat said containers as having been abandoned and may remove and dispose of said containers at the expense of such person. (Ord. 29 § 1, 1981; CC § 74.117)
12.40.180 Inspection.
The Director of Public Services shall be responsible for the enforcement of this chapter and shall make necessary inspections of refuse container locations to effectuate the purposes of this chapter. (Ord. 29 § 1, 1981; CC § 74.118)