[Ord. No. 348 of
1990, 12-10-1990]
(a)
The placement of large waste receptacles, which shall include
transfer trailers and other large waste or similar receptacles with
a capacity of one cubic yard or more on City streets, sidewalks, and
other areas within the City right-of-way is hereby prohibited unless
authorized by issuance of a permit under this article.
(b)
The Commissioner of Solid Waste Management, or, in his absence,
the City Engineer, is authorized to issue permits to place such receptacles
on City streets, sidewalks and other City rights-of-way. Such permits
shall be issued only upon compliance will all of the terms and conditions
of this article.
[Ord. No. 348 of
1990, 12-10-1990]
A permit for the temporary location of such receptacles on City
streets, sidewalks and other City-owned rights-of-way may be issued
by the Commissioner only upon compliance with all of the following
terms and conditions:
(1)
The applicant must be the owner of the premises adjacent to
the City property or right-of-way, or his duly authorized agent. This,
however, shall in no manner relieve the owner and the user of the
receptacle from compliance with the requirements set forth herein.
(2)
The applicant must specify the exact location where the receptacle
is to be placed.
(3)
The applicant must specify the exact time period during which
the receptacle is be placed at that location.
(4)
A determination must be made by the Commissioner, upon consultation
with the Traffic Division of the Utica Police Department, that the
placement of the receptacle on the City street, sidewalk or other
right-of-way does not constitute a hazard to vehicular or pedestrian
traffic, or that, if such hazards exist, reasonable steps can be taken
to protect pedestrian and vehicular traffic. Such steps shall include
but are not limited to: Display of reflective safety markings such
as tape and/or lights and other safety devices, such as cones, barrels
or barricades that shall be approved by the Commissioner of Solid
Waste Management.
(5)
The owner of the receptacle shall maintain a policy of public
liability insurance for the use and operation of said receptacle in
an amount of not less than $500,000. The policy of insurance shall
name the City of Utica as an additional insured.
(6)
The owner of the premises, user and owner of the receptacle,
shall release, defend, indemnify and otherwise hold harmless the City
of Utica, its agents, and employees from any claim for personal injury
or property damage arising from the placement and/or use of the receptacle.
(7)
The owner of the premises, user and owner of the receptacle,
shall at all times comply with all laws, ordinances, rules and regulations
regarding the accumulation and storage of waste materials.
(8)
The owner of the premises, user and owner of the receptacle,
shall take such reasonable steps as may be necessary to prevent illegal
disposal of waste material therein and prevent spillage of waste from
the receptacle.
(9)
No permit shall be issued for a period greater than 30 consecutive
days. The Commissioner may issue renewal permits for additional thirty-day
periods upon reapplication and payment of the appropriate fee.
(10)
The permit shall, at all times, be prominently displayed on
the premises so as to be visible from the receptacle location.
(11)
The applicant shall be responsible for any and all damage caused
to the City-owned roadway, curbing, sidewalk or other property owned
by the City of Utica as a result of the placement or use of the receptacle.
[Ord. No. 348 of
1990, 12-10-1990]
The application fee shall constitute the permit charge for a
permit issued for not greater than 14 days. There shall be an additional
charge of $10 for any permit period greater than 14 days up to and
including 30 days. For any renewal permit issued after an initial
thirty-day period, the permit fee shall be $50 for each thirty-day
period or any portion thereof; provided, however, that there will
be no additional application fee for the renewal application.
[Ord. No. 348 of
1990, 12-10-1990]
For purposes of this article, "permanent use" means the placement
of a receptacle on the City street, sidewalk or other City right-of-way
when the duration of use can reasonably be expected to exceed 90 days.
A permit for the permanent location of such receptacles on City streets,
sidewalks and other City-owned rights-of-way may be issued by the
Commissioner only upon compliance with all of the terms and conditions
for temporary use as set forth above. In addition, no permit for permanent
use shall be granted unless the following additional conditions are
met:
(1)
Placement of receptacles on City-owned streets, sidewalks or
rights-of-way shall be permitted only as a last resort. The applicant
must demonstrate that the receptacles cannot be placed on private
property including not only the premises for which the receptacle
is to be used but other premises within a reasonable distance therefrom.
Preference or inconvenience shall not be sufficient reason for a placement
within the City right-of-way. The Commissioner is authorized to make
such reasonable arrangements, such as providing for public collection
of solid waste in greater volume than is ordinarily allowed, as may
make the permanent use of the receptacle unnecessary.
(2)
The applicant must demonstrate that vehicles servicing said
receptacle shall have access to the receptacle at all times over legally
existing curb cuts so as to minimize damage to City property.
(3)
All such receptacles must be kept clean, water tight and the
lid must be closed and locked at all times that the receptacle is
not actually being used or emptied.
(4)
All permits issued under this section shall be valid for a period
of one year from the date of issue. All applications for renewal must
be made at least one month prior to the expiration of the permit and
shall be made in the same manner as the original application.
[Ord. No. 348 of
1990, 12-10-1990]
In addition to the application fee, the fee for such permit
shall be $100 for one year or any part thereof due and payable at
the time of the filing of the application. If the application is not
granted, the permit fee shall be refunded.
[Ord. No. 348 of
1990, 12-10-1990]
The following procedure shall be used in issuing permits:
(1)
Application must be made on a form to be determined by the Commissioner
of Solid Waste Management and must include a drawing to scale showing
the exact proposed location of placement of the receptacle, dimensions
of the receptacle and the period of time for which the receptacle
is to be placed at that location. A nonrefundable application fee
of $15 must accompany the application.
(2)
Upon receipt of the application, the Commissioner of Solid Waste
Management shall examine the premises and consult with other City
departments, if necessary.
(3)
If satisfied that the receptacle location is acceptable and
all requirements as set forth in this article have been met, the Commissioner
of Solid Waste Management shall issue a permit.
(4)
Such permit shall specify the exact location for placement of
the receptacle as well as the exact time period permitted for placement.
(5)
At the expiration of the approved period, the receptacle shall
be immediately removed.
(6)
If, after issuance of the permit, the Commissioner of Solid
Waste Management determines that the application has not substantially
complied with the conditions set forth in the permit, the Commissioner
may revoke the permit. Upon revocation of such permit, the applicant
shall immediately remove the receptacle from the City street, sidewalk
or right-of-way.
(7)
Any person affected by the revocation of the permit issued herein
shall be entitled to a hearing before the Commissioner of Solid Waste
Management, provided that such person shall file, in the office of
the Commissioner, a written request for such hearing, setting forth
a brief statement of the grounds therefor, and designating the person
and address upon whom notices may be served. A hearing shall be held
with 10 days following service of the notice on the Commissioner.
A decision shall be rendered no later than 10 days thereafter.
(8)
The owner or user of the receptacle shall at all times allow
City inspectors, or those responsible for the enforcement of this
article, upon the premises wherein the receptacle is located for inspection.
[Ord. No. 348 of
1990, 12-10-1990]
Any person who violates any provision of this article shall,
upon conviction thereof, be subject to a fine of not less than $50
and not more than $250 per violation or a term of imprisonment not
to exceed 15 days or both. Each day that the violation exists shall
be deemed a new violation.
