Arcadia Municipal Code Ch. 8 Construction Bins on Streets—permit and Conditions

No person or entity having charge or control of any lot or premises, either as owner, licensee, tenant, building, contractor, housemover, or otherwise shall construct, deposit, keep or maintain or place any roll-off trash receptacle or any other similar device or obstruction (hereinafter sometimes referred to as bins) on the streets, parkways or sidewalks of the City without a permit issued by the City, as set forth in the following Section 3801 and adherence to the conditions set forth in the following Section 3802. No permit shall be in effect for longer than three (3) weeks, subject to a one (1)-week extension which may be granted by the City Building Official upon a showing of good cause. The Building Official may prohibit the placement of bins on certain streets when warranted by the circumstances, e.g. Holly Avenue during racing sessions at Santa Anita Race Track.

EXCLUSION: This requirement does not apply to three (3) cubic yard bins commonly used by homeowners, apartments and business establishments for regular trash collection.

A City street placement permit shall be required as a condition precedent to the placement of any device referred to in Section 3800. A permit shall be on an application form prescribed by the City. Before accepting any application for a City street placement permit, the City shall charge and collect a fee which shall be paid and which shall be in an amount established by resolution of the City Council.

With the fee required by this Code the City shall collect a deposit in an amount established by resolution of the City Council. The deposit may be utilized by the City for any necessary remedial action including towing, removal of the trash receptacle, or the placement of barriers or reflectors around same. The permit shall also specify and the permittee shall agree that any cost incurred by the City of policing this chapter over and above the deposit amount shall be their responsibility. This deposit is refundable should no remedial action be necessary and after removal of the trash receptacle to the satisfaction of the City.

In addition, whenever placement of any trash receptacle or other similar device on a street for which a permit is required by this Code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such placement. An investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to twice the amount of the permit fee required by this Code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law.

No permit shall be granted pursuant to Section 3801 unless the following conditions are complied with and agreed to in writing by the applicant:

1. Bins shall be placed a minimum of fifteen (15) feet from any driveway, a minimum of twenty (20) feet from the end of a street corner radius, and a minimum of fifteen (15) feet from any fire hydrant.

2. Bins shall not block thoroughfare and make it impassable.

3. Bins shall be equipped with either (a) orange and white reflectorized markings as set forth in the standards for barricades in the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc. and kept at the office of the City Engineer, Development Services Department, and the Public Works Services Department or (b) red and white reflectorized markings as specified by Section 24611 of the California Vehicle Code. The markings shall be on each end of the bin facing the directions of travel on the street. In the absence of markings on the bin, the applicant shall provide barricades and lights at each end of the bin facing the directions of travel on the street consistent with Type I or Type II barricades in the above Handbook.

4. Applicant shall indemnify and hold the City harmless with regard to any claims, actions, suits, liabilities, that arise or are in any way connected with the temporary street use by applicant.

5. This permit may be revoked at any time by order of the City and this temporary use shall be abated consistent with the revocation order. If this occurs, utilization of the trash receptacle is immediately revoked and subject to immediate abatement by the City if the party responsible refuses to remove same. (Amended by Ord. 2174 adopted 5-20-03)

Failure to comply with the above sections and any condition related thereto shall constitute a misdemeanor violation of this Code. ;hn0; (Chapter 8 added by Ord. 1900 adopted 1-3-89)