The proliferation of trash, litter and garbage in areas surrounding take-out food establishments is unsightly, unhealthy and has a negative effect on nearby property values. It is the intent of this article to impose upon the proprietors of such take-out food establishments, joint responsibility for the proper disposal of trash, litter and garbage originating from their business establishments.
(Ord. 979 § 2 (Exh. A), 1990)
"Take-out food establishment"
includes any business selling perishable food or beverages in disposable containers or wrapping for consumption off the premises. It includes a fast food restaurant, but does not include food market or store selling food and beverages only in manufacturer pre-packaged and sealed containers or wrapping, or selling food which requires cooking or other preparation before consumption. For the purposes of this section, a business is considered a take-out food establishment even if the take-out food aspect of the business amounts to only a small portion of the business' total income or sales activity.
(Ord. 979 § 2 (Exh. A), 1990)
A. 
A take-out food establishment shall arrange for the pick up and proper disposal of trash, litter and garbage originating from it or deposited on public property within 400 feet of its premises at least three times each week.
B. 
After written notice from the planning director that a take-out food establishment has on three separate occasions failed to comply with subsection (A) of this section, the planning director may require:
1. 
The take-out food establishment to employ identifiable containers and napkins for all carry-out food; and
2. 
The proprietor of the take-out food establishment or the owner of the property on which the take-out food establishment exists to deposit cash, an irrevocable letter of credit or surety bond to ensure compliance with subsection (B) of this section. The amount of the security shall be sufficient to pay for the pick up and disposal of trash, litter and garbage for a period extending over six months. The security shall be in a form approved by the city attorney.
(Ord. 979 § 2 (Exh. A), 1990)
Litter, trash or garbage identifiable as originating from a take-out establishment which exists on property within 400 feet of the boundary of the premises on which the establishment is located is declared to be a public nuisance.
(Ord. 979 § 2 (Exh. A), 1990)