[HISTORY: Adopted by the Common Council of the City of Lockport 7-13-2022 by L.L. No. 4-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 156 but was
renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
The Code Enforcement Officer/Chief Building Inspector appointed pursuant to Lockport Municipal Code § 66-3B.
The permit issued by the Code Enforcement Officer to place
a roll-off container within the City right-of-way.
It shall be unlawful and an offense against this chapter for
any person to place, or caused to be placed, a roll-off container
upon any public street or right-of-way within the City without first
obtaining a permit therefor in accordance with the requirements prescribed
by this chapter.
A.
A container permit shall be prominently displayed on each and every
container to be placed within the City right-of-way.
B.
The street upon which any roll-off container is to be placed must
meet a minimum width requirement of 26 feet, curb to curb.
C.
The roll-off container must be placed parallel to the curb, with
the street side of the container not more than eight feet six inches
from the nearest curb adjacent to the container.
D.
The roll-off container shall only be placed on the side of the street
that is designated for parking and shall not be placed within 10 feet
of a neighboring driveway.
E.
Roll-off containers shall have a permanent installation of not less
than 16 square feet of diagonal reflectorized stripping material on
each and every side of the roll-off container and shall also have
stenciled or otherwise printed thereon, in English letters at least
two inches in height, the name, address and telephone number of the
owner-lessor.
F.
The roll-off container shall not obstruct any part of the sidewalk
or the sidewalk area adjacent to the street, and the contents thereof
shall be emptied and disposed of upon reaching the container's
waterline.
G.
The owner-lessor shall be responsible for the repair of any street,
sidewalk and curb damage caused by the placement, movement or removal
of any roll-off container.
H.
The Code Enforcement Officer shall receive at least 48 hours'
prior written notice from the owner-lessor before a roll-off container
or dumpster is placed upon any street located within the City or on
any City-owned property.
I.
The Code Enforcement Officer shall receive written notice from the
owner-lessor within 48 hours of the removal of a roll-off container
or dumpster from a street located within the City or on any City-owned
property.
J.
The Code Enforcement Officer reserves the right to refuse the placement
of any roll-off container from any street location if, in his judgment,
he determines that the placement of any roll-off container at any
street location shall constitute an obstruction or public nuisance
or a hazard because of contour, narrow width, traffic or other highway
conditions peculiar to the street at or near the proposed location.
K.
No roll-off container or dumpster shall be permitted to remain in
a particular location for a period of time exceeding seven days. The
container permit application may be renewed for an additional seven
days by notifying the Code Enforcement Officer, in writing, and submitting
an additional container permit fee. The permit may only be renewed
once.
L.
There shall be a $25 placement fee for each roll-off container or
dumpster that is placed upon any street located within the City or
on any City-owned property. This fee covers a seven-day period.
The Code Enforcement Officer may issue a container permit for
the use of a roll-off container upon any City streets or other City
property, prior to the placement thereof, upon written application
by the owner-lessor in accordance with the following terms and conditions.
A.
Each permit shall be of seven days' duration and shall require
a written application to renew for a subsequent seven days.
B.
Each application for a container permit hereunder shall be accompanied
by a certificate of insurance from the owner-lessor indicating public
liability coverage insuring the City of Lockport in an amount not
less than $1,000,000.
C.
A filing fee in the amount of $25 shall accompany each application
for a container permit hereunder.
D.
The owner-lessor shall also be responsible to the Code Enforcement
Officer for providing not only its own name and address in the original
application and renewals thereof but in providing the name and address
of the lessee for each and every rental of a roll-off container or
dumpster.
A.
The Code Enforcement Officer reserves the right to remove a roll-off
container from any street location upon violation of any section of
this chapter or if, in his judgment, he determines that the placement
of any roll-off container at any street location shall constitute
an obstruction or public nuisance or hazard because of contour, narrow
width, traffic or other highway conditions peculiar to the street
at or near the roll-off container location.
B.
Notice.
(1)
Upon determination that the provisions of Subsection A herein have been violated, the Code Enforcement Officer shall cause to be served a written notice upon the owner-lessor that such roll-off container must be removed. The owner-lessor shall have two days from the date of the written notice to remove the roll-off container.
(2)
The written notice shall be by personal service or certified mail,
postage paid, returned receipt requested, and addressed to such owner-lessor's
last known address and, if by certified mail, a copy of the notice
shall be posted on the roll-off container.
C.
In the event that the owner-lessor fails to remove the roll-off container within the time period stated in Subsection B herein, the Code Enforcement Officer shall cause such roll-off container to be removed. The owner-lessor shall be liable to the City of Lockport for any costs incurred in such removal and subsequent storage of such roll-off container, together with any dumping charge to remove any material in the roll-off container.
The Code Enforcement Officer shall have authority to enforce
the provisions of this chapter and issue appearance tickets for offenses
against this chapter.
A.
Any person committing an offense against this chapter or any section
or provision thereof shall be guilty of a violation punishable by
a fine not exceeding $250 or by imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
B.
Each day of continued violation shall constitute a separate offense.
C.
In addition to the penalties stated herein, this chapter may be enforced
by civil action, including an injunction, in a court of competent
jurisdiction for violations of this chapter.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter is adjudged invalid by a court of competent jurisdiction,
the judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its operation to the clause,
sentence, paragraph, section or part of this chapter that shall be
directly involved in the controversy in which such judgment shall
have been rendered.
