Chapter 12.36
LITTER CANS
Sections:
12.36.030 Permit – Application – Fee – Renewal – Transferability.
12.36.040 Permit – Granting or denial by city council.
12.36.050 Permit – Revocation.
12.36.060 Permit – Bond or insurance policy.
12.36.070 Permit – Index file.
12.36.080 Number limited – Maintenance and inspection required.
12.36.100 Removal on revocation of permit.
12.36.110 Temporary public interest advertising.
12.36.010 Definitions.
For purposes of this chapter, the words set out in this section shall be defined as follows:
“Litter can” means any receptacle for litter, trash, garbage and/or refuse located on public property or so placed as to accommodate persons while traveling on a public right-of-way.
“Street” means any public thoroughfare or way including a sidewalk, the parkway, and any other public property bordering upon a public way. (Ord. 225, 1961; prior code § 12-901)
12.36.020 Permit – Required.
No person shall place, install, or maintain any litter can on any street within the area of the city without first obtaining a written permit therefor from the city council. A separate permit must be obtained for each litter can, which permit shall be valid only for the particular location specified therein. Each permit shall bear a separate number. (Ord. 225, 1961; prior code § 12-902)
12.36.030 Permit – Application – Fee – Renewal – Transferability.
A. The city clerk shall prepare printed forms of application to be used under this chapter.
B. Applications must be made on the forms.
C. Each form shall be addressed to the city council and shall show:
1. Name and address of the applicant, who must be the owner of the litter can;
2. Location of the litter can;
3. The number of litter can permits held by the applicant at the time of making application, and the respective numbers of such permits;
4. A description of the litter can showing its type, general dimensions, and material of construction;
5. The written consent of the owner or person in lawful possession or control of any improved property abutting upon the public street at the place where the litter can is proposed to be located, giving his consent to the installation and maintenance of the litter can, or a statement that such property is unimproved;
6. A description or statement indicating the nature of the advertising, if any, to appear thereon, and the area or areas upon such litter can where such advertising is to appear;
7. A statement by the applicant that the applicant is familiar with the provisions of this chapter as same exists at the date of the application, approves the same, and, if granted the permit applied for, will observe and abide and be bound by such provisions.
D. Each application must be accompanied by an inspection fee of one dollar for each litter can.
E. Each permit and each renewal permit shall expire on July 1st, next following the date of its issuance, unless renewed. Each application for renewal must be accompanied by an inspection fee of one dollar for each litter can.
F. Application for renewal must be made prior to the expiration date of permit, and must be accompanied by the required inspection fee.
G. Whenever a litter can for which a permit has been issued has been sold, or title or control thereof is transferred, a new permit must be obtained by the new owner for its location and maintenance. (Ord. 225, 1961; prior code § 12-903)
12.36.040 Permit – Granting or denial by city council.
The city council in its discretion may grant or refuse to grant any permit applied for under this chapter. (Ord. 225, 1961; prior code § 12-904)
12.36.050 Permit – Revocation.
All permits issued under this chapter shall be temporary only and shall be revocable at the pleasure of the city council at any time without notice and without liability, and must be accepted accordingly. No refund of any fee paid prior to such revocation will be made. (Ord. 225, 1961; prior code § 12-905)
12.36.060 Permit – Bond or insurance policy.
A. No permit shall be issued pursuant to this chapter unless the applicant posts and maintains with the city council a surety bond or policy of public liability insurance, approved by the city council and conditioned as provided in this section.
B. The bond or policy shall be conditioned that the permittee will indemnify and save the city, its officers, and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the litter can for which the permit is issued, and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of, such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more litter cans, and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue.
C. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this chapter, shall in no case be less than one hundred thousand dollars for bodily injuries to or death of one person, and not less than ten thousand dollars for property damage. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of litter can permits covered thereby and shall not be less than the amount specified in the foregoing schedule.
|
Number of Litter Can Permits |
Limits of Public Liability |
Property Damage |
|---|---|---|
|
1 to 100 |
$100,000 |
$10,000 |
|
101 or more |
200,000 |
20,000 |
(Ord. 225, 1961; prior code § 12-909)
12.36.070 Permit – Index file.
The city clerk shall keep and maintain an index file of all permits granted or renewed under the provisions of this chapter. (Ord. 225, 1961; prior code § 12-910)
12.36.080 Number limited – Maintenance and inspection required.
No permittee shall locate, move, or maintain any number of litter cans or other similar structures other than that specified thereunder in the permit for such litter can. It shall be the duty of the permittee to maintain each litter can at all times in a safe condition and at its proper and lawful location, and to inspect each litter can at frequent intervals. (Ord. 225, 1961; prior code § 12-906)
12.36.090 Display limitation.
No advertisement, sign, printing, or writing on any litter can shall display the words “stop,” “look,” “drive-in,” “danger,” or any other word, phrase, symbol or character calculated to interfere with, mislead, or distract traffic. (Ord. 225, 1961; prior code § 12-907)
12.36.100 Removal on revocation of permit.
A. After the revocation of any permit, the city council may remove and store the litter can, if the permittee fails to do so within ten days after notice.
B. The permittee may recover the litter can if, within sixty days after the removal, he pays the cost of such removal and storage, which shall not exceed two dollars for removal and five dollars a month for storage, for each such litter can. After sixty days, the city council may sell, destroy, or otherwise dispose of the litter can at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this section. (Ord. 225, 1961; prior code § 12-908)
12.36.110 Temporary public interest advertising.
Provision shall be made by the licensee on all litter cans licensed under this chapter for temporary public service advertising for such items as civic events, clean-up campaigns, bond issues, and for other advertising as may be requested in the public interest by the city. Such space shall be located on two sides of the lids of such litter cans and made available without charge or cost to the city. (Ord. 225, 1961; prior code § 12-912)
12.36.120 Disposal of refuse.
The licensee shall have all litter cans emptied at regular intervals so that no litter, trash, or refuse accumulates in the area that the litter cans are located. The licensee shall also maintain the litter cans in a clean and sanitary condition. Litter cans must be securely fastened in concrete. In the event litter cans are removed, the concrete on which they are fastened must be restored in a workmanlike manner to its original condition. (Ord. 225, 1961; prior code § 12-913)
12.36.130 Enforcement.
The city clerk and the chief of police of the city shall enforce the provisions of this chapter. (Ord. 225, 1961; prior code § 12-911)