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ORDINANCE NO. 1900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, ADDING A CHAPTER 8 TO
ARTICLE III OF THE ARCADIA MUNICIPAL CODE
IMPOSING PERMIT AND CONDITION REQUIREMENTS WITH
REGARD TO THE PLACEMENT OF CONSTRUCTION TRASH
RECEPTACLES ON CITY STREETS
WHEREAS, roll-off trash receptacles and other similar
devices placed on City streets usually in relation to a building,
landscaping or a construction proj ect or remodeling, without a
permit and adherence to conditions can constitute an obstruction
and hazard, and
WHEREAS, the improper placing of these devices often
requires remedial action to remove the hazard and eliminate the
danger to persons and property or to take other action
appropriate to make their placement on the City street safe; and
WHEREAS, Arcadia Municipal Code Section 7230 prohibits
structural obstructions on City streets; and
WHEREAS, it is necessary to further police this problem and
provide appropriate requirements to allow the necessary usage of
these devices but only in a safe manner with notice to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That a Chapter 8 is hereby added to the Arcadia
Municipal Code with Section 3800 - 3803 to read as follows:
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CHAPTER 8: CONSTRUCTION BINS ON STREETS -
PERMIT AND CONDITIONS
3800. PERMITS REQUIRED. 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 of Arcadia without a permit
issued by the City, as set forth in the following Section 3801
and adherence to the conditions set forth ~n the following
Section 3802. No permit shall be in effect for longer than three
(3) weeks, subj ect 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 3 cubic yard
bins commonly used by homeowners, apartments and business
establishments for regular trash collection.
3801. FEES AND DEPOSITS. A City Street Placement Permit
shall be required as a condition precedent to the placement of
any device referred to in the above Section 3800. A permit shall
be on an application form prescribed by the City of Arcadia.
Before accepting any application for a City Street Placement
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1900
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 ~n 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
Ordinance 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.
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3802.
CONDITIONS OF
PERMIT.
No permit
3801 unless
shall be granted
the following
writing by the
pursuant
conditions
to
the above
Section
are complied with and agreed to in
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. Applicant shall provide barricades and lights on the
traffic side of each end of the bins consistent with a Type I or
Type II barricade with a Type A warning light (flashing light) as
set forth in the Work Area Traffic Control Handbook" published by
Building News, Inc., and kept at the Office of the City Clerk,
Planning Department and Public Works Department.
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.
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3803.
MISDEMEANOR.
Failure to comply with the above
Sections and any condition related thereto shall constitute a
misdemeanor violation of the Arcadia Municipal Code.
SECTION 3.
That the City Clerk shall certify to the
adoption of this Ordinance and shall cause a copy of same to be
published in the official newspaper of said City within fifteen
(15) days after its adoption.
Passed, approved, and adopted this 3rd day of January, 1989.
/L~
Mayor of the City of Arcadia
ATTEST
Ci
Arcadia
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STATE -'OF<CALr-FORNIA-'"'
COUNTY OF'LOS~NGELES
CITY OF ARCADIA-
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SS:
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Ordinance No. 1900 was passed and
adopted by the City Council of the City of Arcadia signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 3rd
day of January
, 1989 and
that said Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Gilb, Young and Harbicht
NOES: None
ABSENT: Councilmember Lojeski
uJI:J
Arcadia
Cit
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1900