Chapter 126 — TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVE-THROUGH FACILITY. The use of land, buildings, structures or parts thereof to provide products or services, either wholly or in part, through an attendant or a window or automated machine, to persons remaining seated in motorized vehicles within a designating vehicular stacking lane. A DRIVE-THROUGH FACILITY may be in combination with other uses, including, but not limited to, bank teller windows, pharmacies, dry cleaners and eating establishments.

DRIVE-THROUGH TRASH RECEPTACLE. A trash receptacle with an elongated trash collection chute that is placed near the exit point of the designating vehicular stacking lane of a drive-through facility, after the pick-up window, on the driver-side of vehicles and in a location that will (i) not inhibit pedestrian or vehicular circulation and (ii) allow the driver of the vehicle, while seated in the vehicle, to dispose of trash.

EATING ESTABLISHMENT. Any establishment, which provides as a principle use, the sale of any food, frozen desert or beverage and which is ready for immediate consumption. (Ord. 1352, passed 11-7-12)

(A) The operator and owner of a drive-through facility associated with an eating establishment shall install and maintain a drive-through trash receptacle.

(B) The owner and operator of the drive-through facility associated with an eating establishment for which a drivethrough receptacle is required shall empty the drive-through trash receptacle of trash on a regular basis to ensure customers using that drive-through facility are able to deposit trash into that receptacle. (Ord. 1352, passed 11-7-12) Penalty, see § 10.99

(A) Installation of the drive-through trash receptacle at a drive-through facility associated with an eating establishment, as required by § 126.02, shall be completed prior to the issuance of a new business license or certificate of occupancy for that drive-through facility.

(B) For each drive-through facility associated with an eating establishment legally operating before December 7, 2012, the owner and operator of that drive-through facility shall install a drive-through trash receptacle on or before June 7, 2013; provided, that the Zoning Administrator may grant one extension of no more than six months, if good cause, as determined by the Zoning Administrator, is shown by the operator or owner of that drive-through facility.

(C) The owner or operator of a drive-through facility associated with an eating establishment may request an exemption from § 126.02; provided that the owner or operator provides sufficient evidence, as determined by the Zoning Administrator, of specific unusual structural constraints related to that facility, which make compliance with § 126.02 impossible for physical and financial reasons.

(Ord. 1352, passed 11-7-12) Penalty, see § 10.99