[HISTORY: Adopted by the Common Council of the City of Fulton 4-21-2009 by L.L. No. 3-2009 (Ch. 58 of the 1991 Code). Amendments noted where applicable.]
This chapter shall be known as "A Local Law to Regulate Dumpsters and Portable Storage Containers in the City of Fulton."
The Common Council of the City of Fulton finds that from time to time dumpsters or portable storage containers are needed by the citizens of the City for various reasons, including construction or storage of personal belongings. However, the Common Council also finds that the presence of these dumpsters and containers has a negative impact on the health, safety and welfare of the citizens of the City. Therefore, with the adoption of this chapter, it is the intention of the Common Council to establish uniform regulations for the placing and maintaining of dumpsters and portable storage containers within the City of Fulton. The purpose of this chapter is to promote the health, safety and welfare of the citizens of the City and to provide an environment that does not degrade the aesthetics of the neighborhoods within the City of Fulton.
The provisions of this chapter shall apply to the placing and maintaining of all temporary dumpsters and portable storage containers within the City of Fulton. The provisions of this chapter shall apply to all temporary dumpsters and portable storage containers already in existence at the time this chapter is adopted. The provisions of this chapter shall apply in addition to the provisions of any other local, state, or federal law or regulation.
The provisions of this chapter shall not apply to the local government of the City of Fulton or any person that requires the use of such containers for the disposal of waste generated in association with a commercial enterprise.
As used in this chapter, the following terms shall have the meanings indicated:
- The City of Fulton Bureau of Code Enforcement.
- The City of Fulton.
- Any container, regardless of size, with or without a cover, intended to be placed for the disposal of garbage, rubbish, junk, construction or demolition debris.
- An individual and, where appropriate, a public or private corporation, an unincorporated group or association, a partnership, a government or a governmental instrumentality.
- PORTABLE STORAGE CONTAINER
- A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. For the purpose of this definition, the dimensions of a portable storage container shall not exceed 20 feet in length, eight feet in width or eight feet in height and shall not exceed a storage capacity of 1,280 cubic feet.
No person shall place for use a temporary dumpster or portable storage container within the City of Fulton without obtaining a permit from the Bureau.
On forms provided by the Bureau, the applicant shall identify the size and location of the temporary dumpster or portable storage container relative to the property lines.
For temporary dumpsters, the applicant must indicate what type of waste or debris will be collected in the dumpster.
Initial permit period.
The initial permit shall be valid for a period of 65 days.
Any permit issued for placement of a temporary dumpster or container on a street, right-of-way or other public property shall be valid for 10 days, and a sticker or notice shall be prominently displayed on the street side of the dumpster or container indicating the commencement and expiration date of the permit.
Permits may be extended.
Permit extensions, if granted, shall be for a period not to exceed 60 days and will be subject to fees as provided in § 290-7 of this chapter.
No more than five extensions shall be granted, and in no case shall a permit be extended for a period that exceeds one year from the original date of issue.
In no case shall a permit for temporary dumpsters or containers placed on a street, right-of-way or other public property be extended for a period that exceeds 35 days from the original date of issue.
Permit extensions may be denied by the Bureau.
A denial of a permit extension may be appealed to the Legislative Committee of the Common Council.
Permit fees may be set by resolution of the Common Council. At the time the application is filed with the office of the City Clerk/Chamberlain, the applicant shall pay a fee as set forth in Chapter A700.
Any temporary dumpster or portable storage container shall be located on a driveway or other suitable base, as approved by the Bureau, to assure stability.
No temporary dumpster or portable storage container shall obstruct a public street or sidewalk unless specifically authorized by the Bureau.
Any temporary dumpster or portable storage container to be placed on a street or right-of-way shall be placed on the street in a legal parking space or area approved by the City Police Department and shall be equipped with appropriate reflectors or other safety markings so that the container will not constitute a hazard to vehicle or pedestrian traffic. The specific number, location and nature of the markings shall be determined by the City Police Department in the exercise of its discretion and shall be noted on the permit as a condition of its issuance. An inspection of the container will be made by the Commissioner of Public Works, to determine its best location and placement so to ensure no damage to the City's street or right-of-way, and shall be noted on the permit as a condition of its issuance.
Temporary dumpsters must be emptied so as not to overflow and must be covered at the end of each workday and/or when not in use. Temporary dumpsters containing garbage or any other organic matter must be emptied in a timely manner. Any temporary dumpster that generates an offensive odor or attracts rodents or other vermin must be removed immediately.
If the property owner, or occupant, fails to have the temporary dumpster or portable storage container removed in a timely manner, the City reserves the right to have it removed, with the cost of such removal remaining the responsibility of the property owner or occupant. Removal fees will be in addition to any court-imposed fines.
Failure to comply with any of the provisions of this chapter shall be a violation, and penalties will be consistent with penalties provided in § C70-16 of the Charter of the City of Fulton.
In case of a conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules, or regulations, the more restrictive or stringent provision or requirement shall prevail.
The City and its agents, officials, and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this chapter.
No officer, agent or employee of the City shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.