[HISTORY: Adopted by the Board of Trustees
of the Village of Depew 8-25-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
This chapter shall be known as the "Village of Depew Portable Storage Units Control Law," and shall be incorporated into the Village Code as Chapter 172.
The Village Board finds as follows:
A.
Portable storage units are becoming an increasing
problem in the Village.
B.
Portable storage units are often unsafely situated.
C.
Portable storage units are an eyesore.
D.
The extended presence of portable storage units, within
the Village does not contribute to a clean, attractive Village and
may adversely affect the value, use and enjoyment of neighboring properties.
E.
The health, safety and general welfare of the citizens
of the Village of Depew are promoted by appropriate limitations on
the use of portable storage units.
The Village of Depew intends by the chapter
to:
A.
Require the licensing of portable storage units.
B.
Require that the use of portable storage units be
limited to safe areas and then only for a limited time.
C.
Provide for the health, safety and general welfare
of the citizens of the Village of Depew.
D.
Exercise the Village's police power under the Municipal
Home Rule Law, under Village Law and otherwise by the State of New
York.
This chapter shall apply within the confines
of the Village of Depew.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any moveable container used for the temporary storage of
personal property.
The following are not subject to this chapter:
A.
Commercial containers containing only construction
and demolition debris in place within the Village for 72 hours or
less.
B.
Containers within enclosed buildings or structures
which are regularly occupied for residential or commercial purposes.
C.
Containers used for recyclable materials collected
by or on behalf of the Village.
D.
Containers no larger than 100 gallons in volume (Or
if several containers are used, they total no more than 100 gallons
in volume.), placed only on private property and used exclusively
for the regular and ordinary collection and removal of garbage and
refuse produced by a residence located on the same lot or parcel as
the container.
A.
The provisions of the chapter shall be interpreted
in such a manner as to be consistent with any applicable other law,
and shall not supersede any such law except that where more stringent,
the more stringent requirements of this chapter shall apply.
B.
Unless otherwise stated in this chapter, terms used
in this chapter will be given meanings consistent with their definitions
elsewhere in this code.
A.
Every person, firm, corporation or other legal entity
who wishes to place a portable storage unit at any location within
the Village shall first obtain a license from a Village Code Enforcement
Officer. Obtaining said license shall be the responsibility of the
person, firm, corporation or legal entity that owns or occupies the
premises on which the container is to be placed. Application for such
license shall be made on forms provided by the Code Enforcement Officer(s).
B.
The Village Code Enforcement Officer(s) are hereby
authorized to issue licenses for portable storage units pursuant to
this chapter. The Village Code Enforcement Officer(s) shall provide
forms for applicants and shall have the authority to revise or amend
said forms from time to time.
C.
Each application shall state:
(1)
The name, address and phone number of the applicant.
(2)
If the applicant is an agent, the name, address and
phone number of the person, firm, corporation or legal entity that
he or she represents.
(3)
The area or areas within the Village where the applicant
wishes to place one or more portable storage units.
(4)
A detailed description of each portable storage unit
applied for, including each container's height, weight, square footage,
length and width.
(5)
The location of each proposed portable storage unit,
including a drawing or map showing the location of nearby buildings,
sidewalks, streets, alleys and other public ways.
(6)
Any other information as may be required by the Village
Enforcement Officer(s) to properly and adequately review the application.
D.
Each application shall be accompanied by the required
license fee.
E.
The license, when issued, shall be prominently displayed
on the portable storage unit.
F.
Licenses may be issued for a maximum of 10 days and
only upon payment of a fee of $25. A portable storage unit license
may be renewed only once within any twelve-month period and then only
upon the payment of a renewal fee of $25.
G.
Any application to place a portable storage unit on
any public street, sidewalk, highway, public place, or public way,
or on any property owned by the Village of Depew shall be referred
to the Department of Public Works for comments and recommendations.
The Commissioner of Public Works shall have authority to impose such
restrictions and/or modifications on the application that will, in
his judgment, reasonably protect the public street, sidewalk, highway,
public place, public way or property. The Superintendent of Public
Works shall state reasons for any such restriction or modification.
H.
Portable storage units may be placed only if they
are as described in the license application and placed only in the
location described in the application and approved by a Code Enforcement
Officer, or, when necessary, by the Superintendent of Public Works.
A violation of any provision or requirement
of this chapter shall be punishable by a fine of not less than $100,
nor more than $500. Each day a portable storage unit is used within
the Village without a license, in violation of an issued license,
or otherwise shall constitute a separate violation.
The provisions of this chapter are hereby declared
to be severable. If any provision, clause, sentence or paragraph of
this chapter or the application thereby to any person, establishment
or circumstance shall be held invalid, such invalidity shall not alter
the other provisions or applications of this chapter.
This chapter is effective on the first day after
it is filed with the Office of the New York Secretary of State in
accordance with § 27 of the New York Municipal Home Rule
Law.
