§ 71.95. OBSTRUCTING STREETS PROHIBITED.

(A) No person shall place construction dumpsters on or within city rights-of-way or platted or recorded easements without a permit issued by the Traffic Safety Officer. The dumpster must be removed from the property after 60 consecutive days, upon completion of the construction, or upon expiration of building permit, whichever event first occurs.

(B) No person shall obstruct or cause to be obstructed any street, alley or sidewalk within the city. This does not prohibit the reasonable and necessary use of part of the street or sidewalks, for the purpose of depositing building or landscaping materials and/or equipment in front of or in rear of buildings in process of erection or repair.

(C) No person shall place building or landscaping materials upon any street, alley or sidewalk without a permit issued by the Traffic Safety Officer. Where necessary to properly protect the public in the night time, lighted amber lamps shall be placed around such materials. When any street, alley, or sidewalk is obstructed so as to impede or interfere with the use thereof, the chief of Police, or his or her designee may remove such obstruction. The cost of removing such obstruction may be recovered by the city from the person causing the obstruction if the obstruction has not been removed within 24 hours from receipt of notice to remove said obstruction.

(D) All dumpsters and containers, whether used for commercial, industrial or residential purposes, exceeding 1.5 cubic yards (40.5 cubic feet), shall be required to comply with Section 304.3.3 of the International Fire Code, which requires such dumpsters and containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more to not be stored within buildings, nor places within five feet of combustible walls, openings or combustible roof eave lines with the following exceptions:

(1) Such dumpsters or containers placed or stored in areas protected by an approved automatic sprinkler system must comply in all respects with Chapter 9 of the International Fire Code.

(2) Placement or storage of such dumpsters or containers in a structure shall not be prohibited when the structure is of a Type I or Type IIA construction and located not less than ten feet from other buildings, when such dumpsters or containers are used exclusively for storage.

(E) No dumpster or container, whether used for commercial, industrial or residential purposes, shall be placed in any location or manner which would block a fire apparatus access road in accordance with International Fire Code Section 503.

(F) Any person violating this section shall be subject to the penalty prescribed in § 70.99.

(Ord. 2008-12, passed 5-14-08)