HomeMy WebLinkAbout85-2 - Amending Chapter 12.62 of the Newport Beach Municipal Code Pertaining to Street Closures; and Amending Chapter 12.63 Establishing Procedures for Issuing Commercial Refuse Bin PermitsORDINANCE NO. 85 -2
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 12.62 OF THE NEWPORT BEACH
"ICIPAL CODE PERTAINING TO STREET CLOSURES;
AND AMENDING CHAPTER 12.63 ESTABLISHING
PROCEDURES FOR ISSUING COMMERCIAL REFUSE BIN
PERMITS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
Section I. Chapter 12.62.010 is hereby amended to read
as follows:
12.62.010 Permit for Temporary Street Closure. No
person shall temporarily close any portion of a public street or
alley to vehicular or pedestrian traffic for the purpose of
conducting a street dance, neighborhood party, commercial
promotional activity or special event, storage of construction
materials, storage of construction equipment, or any other
• purpose without first obtaining a Permit from the City Manager as
hereinafter provided. The requirements of this Chapter shall not
be applicable to governmental agencies.
Section 2. Chapter 12.63 is hereby added to the
Newport Beach Municipal Code, to read as follows:
CHAPTER 12.63
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Sections:
12.63.010 Definitions
12.63.020 Location
12.63.030 Issuance of Permit
12.63.040 Fee
12.63.050 Administration
• 12.63.060 Duration of Permit
12.63.070 Insurance
12.63.080 Performance Deposit
12.63.090 Indemnification
12.63.100 Revocation of Permit
12.63.110 Transfer of Permit
12.63.010 Definitions. For the purpose of this
• Chapter, certain terms are defined as follows:
(a) Commercial Refuse Bin - The term "commercial refuse
bin" shall mean any container, bin or receptacle, designed for
the storage of garbage, trash, refuse, construction debris or
similar material which is emptied by means of special collecton
equipment;
(b) Waste Disposal Business - The term "waste disposal
business" shall be defined as any person, partnership,
corporation or business entity regularly engaged in the business
of providing, servicing or removing commercial refuse bins;
(c) Person - The term "person" shall mean any
individual, firm, partnership, corporation, company, association
or business entity.
Section 12.63.020 Location. No person shall place a
• commercial refuse bin on any portion of any public property,
including any public street, alley, sidewalk or parking lot,
without first obtaining a Commercial Refuse Bin Permit from the
City Manager pursuant to this Chapter.
Section 12.63.030 Issuance of Permit. The City
Manager or his designee, the Business License Supervisor, shall
issue Commercial Refuse Bin Permits for the placement of
commercial refuse bins on public property only to waste disposal
businesses which comply with the provisions of this Chapter and
any regulations promulgated by the City Manager pursuant to the
provisions of Section 12.63.050. Applications for a Commercial
Refuse Bin Permit shall be on forms supplied by the City and
shall contain the following information:
• (a) The name, address and business telephone number of
Applicant;
(b) If the Applicant conducts business under a
fictitious name, the application shall state the name, address
and telephone number of each person owning a financial interest
in the business;
• (c) The name, address and telephone number of the
person or persons who will have general management
responsibilities for the placement, servicing and removal of
commerial refuse bins;
(d) Such other information as the City Manager may
require in order to evaluate the Application.
Section 12.63.040 Fee. Applications for a Commercial
Refuse Bin Permit shall be submitted to the Business License
Supervisor accompanied by a non - refundable fee in the sum of
Two Hundred Fifty Dollars ($250) to cover the cost of processing
the Application. Upon receiving an Application for a Commercial
Refuse Bin Permit, the City Manager or his designee, the Business
License Supervisor, shall issue the Commercial Refuse Bin Permit
if:
• (a) Applicant constitutes a waste disposal business;
(b) Applicant has complied with provisions of this
Chapter and agrees to comply with all regulations promulgated by
the City Manager pursuant to Section 12.63.050 herein;
(c) Permittee has provided the City Manager with
evidence of insurance that satisfies the requirements of this
Chapter; and
(d) Applicant has posted appropriate surety bond as
required by Section 12.63.080 herein.
Section 12.63.050 Administration. The City Manager is
empowered to adopt regulations governing the administration of
this Chapter and the activities of permittees. The regulations
adopted by the City Manager shall be considered conditions of any
• Commercial Refuse Bin Permit issued pursuant to this Chapter.
Section 12.63.060 Duration of Permit. Each Commercial
Refuse Bin Permit issued pursuant to this Chapter shall expire on
December 31st of the year in which the Permit was granted. The
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City Manager or Business License Supervisor, shall approve
renewal of the Commercial Refuse Bin Permit for a term of 12
• months, if permittee submits a written request for a renewal,
accompanied by a Two Hundred Fifty Dollar ($250) fee, and the
City Manager or Business License Supervisor determines that
during the previous term of the Commercial Refuse Bin Permit
permittee has complied with all provisions of this Ordinance and
regulations adopted by the City Manager.
Section 12.63.070. Insurance.
(a) Each permittee shall, during the term of any
Commercial Refuse Bin Permit granted pursuant to this Chapter,
maintain, in full force and effect, insurance for public
liability, bodily injury and property damage. The City of
Newport Beach shall be named as an additional insured under each
policy of insurance. The insurance policies shall provide
coverage of at least $1 Million Dollars ($1,000,000) per
• occurrance, for public liabililty and bodily injury, and Five
Hundred Thousand Dollars ($500,000) per occurrence for property
damage. Insurance policies shall contain provisions requiring
the insurance company to provide City with at least 30 days'
written notice prior to expiration, cancellation or any change in
policy limits. The insurance policy or policies shall be issued
by an insurance company satisfactory to the City.
(b) Permit.tee shall also provide City with evidence of
Workers' Compensation Insurance.
Section 12.63.080 Performance Deposit. Permittee
shall, prior to the issuance of any Commercial Refuse Bin Permit
pursuant to this Chapter, provide City with a performance bond,
or other form of security acceptable to City, in the sum of Three
• Thousand Dollars ($3,000) to insure compliance with the duties
and obligations imposed by the provisions of this Chapter, the
regulations adopted by the City Manager and the terms and
conditions of the Commercial Refuse Bin Permit.
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Section 12.63.090 Indemnification. Each permittee, as
a condition of the Commercial Refuse Bin Permit, shall indemnify,
• defend and hold harmless the City, its officers, employees and
agents, with respect to any loss, liability, injury or damage
that arises out of, or is any way related to, the acts or
omissions of permittee or its employees, officers and agents in
the performance of any of the activities or duties arising out of
a Commercial Refuse Bin Permit granted pursuant to this Chapter.
Section 12.63.100 Revocation of Permit. The City
Manager may revoke a Commercial Refuse Bin Permit issued pursuant
to this Chapter for any of the following reasons:
(a) Permittee has ceased to comply with the
requirements for issuance of a Commercial Refuse Bin Permit;
(b) Permittee has failed to comply with the provisions
of this Chapter;
(c) Permittee has violated the rules and /or regulations
• adopted by the City Manager pursuant to the authority granted by
this Chapter;
(d) Permittee has failed to comply with the terms and
conditions imposed upon, or made a part of, the Commercial Refuse
Bin Permit.
The City Manager shall, prior to revoking any
Commercial Refuse Bin Permit, serve permittee with a Notice of
Intent to revoke the Commercial Refuse Bin Permit, which shall
state the reasons for the proposed revocation, the right of the
permittee to request a hearing before the City Manager and the
effective date of the revocation if no hearing is requested.
The City Manager may preside over the hearing, or
appoint a hearing officer to conduct proceedings, receive
relevant evidence and submit proposed findings and
•
recommendations. The City Manager shall render a decisions
within 45 days from the date of the hearing, and the decision of
the City Manager shall be final.
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Section 12.63.110 Transfer of Permit. No Commercial
Refuse Bin Permit issued pursuant to the provisions of this
• Chapter shall be transferable by assignment, sale, hypothecation,
operation of law or otherwise without the express written
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permission of the City Manager.
Section 12.63.120 Permit and Fees not Exclusive The
fees and permits required by this Chapter shall be in addition to
any license, permit or fee required by any other Chapter of the
Newport Beach Municipal Code.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 11th day
of February , 1985, and was adopted on the 25th day of February ,
1985 by the following vote:
AYES, COUNCILMEMBERS .Agee, Cox,
Hart, Heather, Maurer, Plummer, Strauss
NOES, CUJ\ICILMEMBERS
ABSENT COUNCILMEMBERS
I g a ,
e
ORP /Refuse
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