This chapter shall be known as "A Local Law to Regulate Temporary
Dumpsters and Portable Storage Containers in the City of Fulton."
The Common Council of the City of Fulton finds that from time
to time temporary 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 temporary 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 placement,
using and maintenance 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 use 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 continuous
use of such containers for the disposal of waste generated by or storage
of materials associated with a commercial enterprise.
As used in this chapter, the following terms shall have the
meanings indicated:
BUREAU
The City of Fulton Bureau of Code Enforcement.
PERSON
An individual and, where appropriate, a public or private
corporation, an unincorporated group or association, a partnership,
a governmental subdivision or agency thereof, 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.
TEMPORARY DUMPSTER
A roll-off dumpster, or any other container, regardless of
size, with or without a cover, intended to be placed in a location
for a limited amount of time to accommodate for the disposal of garbage,
rubbish, junk, or construction/or demolition debris for an individual
project or event.
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.
Failure to comply with any of the provisions of this chapter
shall be a violation, punishable by a fine of $250 per offense. Each
day the violation continues shall constitute a separate offense.
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.