[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 9-18-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 126.
Costs of summary remediation — See Ch. 175.
Streets and sidewalks — See Ch. 203.
[1]
Editor's Note: This ordinance also repealed former Ch. 217,
Temporary Storage Containers, adopted 4-19-2005, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any portable container, receptacle, or device of a type commonly
used for the temporary storage of personal property, garbage, rubbish,
refuse, construction debris, or other materials. The term shall include,
but not be limited to, trailers, shipping containers, and dumpsters.
The Code Administrator is hereby authorized to issue licenses
for storage containers pursuant to this chapter. The Code Administrator
shall provide forms for applicants and shall have the authority to
revise or amend said forms at any time.
A.
Every person, firm, corporation, or legal entity who wishes to place
a storage container at any location within the City of Saratoga Springs
shall be required to obtain a license therefor from the Code Administrator
in any of the following circumstances:
(1)
When the container is manufactured and designed to be transported,
serviced, and/or manipulated by motorized or mechanical apparatus,
except when such container is designed exclusively for frequent curbside
pickup as part of a residential use.
(2)
When the container is placed in whole or in part on public property.
(3)
When the container is placed on private property for more than three
months. (Containers placed at locations for less than three months
must be reported and registered with the Office of Code Administration.)
B.
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, or any person, firm, corporation
or legal entity engaged in the business of providing storage containers.
C.
Application for such license shall be made on forms provided by the
Code Administrator. Each application shall state:
(1)
The name, address and phone number of the applicant, and, if the
applicant is engaged in the business of providing storage containers,
the name, address, and phone number of the person, firm, corporation
or legal entity to whom each container will be provided.
(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 City where the applicant wishes to place
one or more storage containers.
(4)
A detailed description of each storage container applied for, including
each container's height, weight, square footage, length, and width.
(5)
The location of each proposed storage container, including a drawing
or map showing the location of nearby buildings, sidewalks, streets,
alleys, and other public ways.
(6)
The period of time each storage container shall remain in place.
(7)
Any other information as may be required by the Code Administrator
to properly and adequately review the application.
D.
Each application shall be accompanied by the required license fee.
E.
The Code Administrator shall have the authority to reject any application
that presents, in his or her judgment, a dangerous or hazardous situation
to any person or persons or to the public. In rejecting any such application,
the Code Administrator shall state the reasons for rejection.
F.
Any person, firm, corporation or legal entity engaged in the business
of providing storage containers shall contain proof that the applicant
has in effect commercial general liability insurance in the amount
of $1,000,000 per occurrence and $2,000,000 aggregate, naming the
City of Saratoga Springs as additional insured. Each applicant shall
also execute a hold harmless agreement indemnifying the City against
loss, including costs and expenses, resulting from injury to person
or property as a direct or indirect result of his or her enterprise.
G.
Every person, firm, corporation or legal entity engaged in the business
of providing storage containers shall file a letter in the Office
of Code Administration indicating its business office and telephone
number, and shall inform the Office of Code Administration of the
locations of all storage containers he or she provides that are subject
to permit under this chapter.
Any application to place a storage container in any public street,
sidewalk, highway, public place, or public way, or on any property
owned by the City of Saratoga Springs may be referred to the Department
of Public Works for comments and recommendations. The Commissioner
of Public Safety shall have authority to impose such restrictions
and/or modifications on the application that will, in his or her judgment,
reasonably protect the said public street, sidewalk, highway, public
place, public way or property. The Commissioner of Public Safety shall
state reasons for any such restriction and/or modification.
[Amended 7-6-2021]
License fees under this chapter shall be established from time
to time by resolution of the City Council.
The delivery, removal and servicing of storage containers shall
only be conducted between the hours of 7:00 a.m. and 10:00 p.m. in
all residential and commercial areas.
A.
Upon a finding that all requirements under this chapter have been
met, the Code Administrator may issue a license to the applicant.
The Code Administrator shall have the authority to impose reasonable
conditions upon the placement and/or use of any storage container.
B.
Each license shall contain a statement that the licensee shall authorize
the City of Saratoga Springs, and/or its officials, representatives,
and employees, to remove the licensed storage container or containers,
without notice to the licensee, in any event of public emergency.
C.
Any license may be amended or renewed upon proper application to
the Code Administrator.
A.
The Code Administrator may cause any storage container placed in
violation of this chapter or in violation of the terms of any issued
license to be removed. Such removal may be effected without notice
when the Code Administrator determines, in his or her sole discretion,
that the container presents an imminent danger or hazard to a person
or persons or to the public. The Code Administrator shall, to the
extent practicable, notify the licensee of the container to be removed.
If the licensee cannot be located despite reasonable efforts, or if
the licensee fails or refuses to remove the container within a reasonable
time, the Code Administrator shall have authority to remove the container,
and may cause such removed container to be discarded or destroyed
or sold at public auction.
