Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Staff
CC:	Diane Stoddard, Assistant City Manager Scott McCullough, Planning and Development Services Director John Miller, Staff Attorney
Date:	8/5/10
RE:	Portable Toilets

It has been brought to the attention of city staff that portable toilets (porta-potties, chemical toilets) have been placed at private property, primarily in the Oread Neighborhood, during the football season and remain on site for the duration of the season.  Below is a discussion of the issues, what currently exists in the City Code today, other governmental regulations, and options for the City.

Discussion

Most often portable toilets are used for special events, at construction sites and in several of the city’s parks.  The City has received minimal complaints regarding the portable toilets used in these situations.

The issue of portable toilets placed on private property during the football season arises due to tailgating activity in the neighborhoods surrounding the stadium.  See pictures. Parking densities on KU game days are more intense in these neighborhoods due to the city’s policy related to permitting parking in yards on game days. 

The portable toilets in the neighborhood can be viewed both positively and negatively.   On the positive side, the toilets can create a more sanitary environment in areas of large public gathering.  On the negative side, the portable toilets can be viewed as out of character with residential uses, especially when left for extended periods of time, and can potentially create an environmental nuisance if they are not properly maintained and serviced.

Currently the KU Athletic Department provides 57 (7 ADA accessible) portable toilets in donor parking lots with the majority around the stadium for the duration of the football season.  The contract with the vendor requires the toilets to be prepped before each game and then emptied after each game. 

Existing City Code Language

In reviewing the City Code pertaining to portable toilets, staff determined that the Code does not contain language specifically regulating the aesthetics, duration, and location of temporary portable toilets.  The Code does contain provisions that regulate some uses of portable toilets. In Chapter 19, Utilities, the code establishes the sewer connection requirements for buildings within the City and prevents portable toilets from being used as a permanent sanitary sewer alternative for a building.   In Chapter 19, Article 8, Septage Waste Haulers, the Code regulates persons hauling portable toilets.  In Chapter 9, Article 9, Stormwater Pollution Prevention, the Code prohibits the release of chemical toilet waste into the storm drainage system.  Also, the Development Code has provisions regulating landscaping and setbacks for structures. 

The most applicable enforcement language may be found in Chapter 9, Article 6, Environmental Code.  This code gives the City the authority, “to protect, preserve, upgrade and regulate the environmental quality of industrial, commercial and residential neighborhoods in this City, by outlawing conditions which are injurious to the health, safety, or welfare of the neighborhoods.”  Staff could pursue enforcement action against properties with portable toilets; however, each violation would be a fact based analysis and the City would have to prove in each circumstance that the portable toilet was injurious to the health, safety or welfare of the neighborhood. 

The use of the existing codes may not be an effective tool to address the concerns of neighborhoods or properties adjacent to temporary portable toilets. Staff’s opinion is that a City-wide ordinance and/or policy regulating the durational, locational, aesthetics, and the health and safety of portable toilets may be a more effective approach to address the needs of the City and the concerns of property owners.    

Portable Toilet Regulations from Other Communities

In researching portable toilet regulations for cities or counties it was found that little regulations exist at the city level and most are linked to construction activities and short-term special events. Below are summaries of some regulations for various entities.

Maricopa County, CA

http://www.maricopa.gov/EnvSvc/WaterWaste/SolidWaste/Faqs.aspx

Maricopa County, CA requires a permit which is good for a year for a portable toilet (chemical toilet).  An on site inspection is required and the must meet following regulations:

• The waste from a chemical toilet is non-hazardous liquid waste (NHLW). NHLW must be disposed by an NHLW hauler permitted by Maricopa County. See the Non-Hazardous Liquid Waste Disposal Sites resource page for a list of approved disposal sites.
• No toilet shall be installed within 20 feet of an occupied premise or within 10 feet of any public thoroughfare or sidewalk, unless authorized by the Solid Waste Program.
• Chemical toilets shall be emptied often enough to prevent overflowing, creation of an unsanitary condition, a health hazard or nuisance, and shall be maintained in good repair so as to prevent leakage of the contents to the surrounding ground or onto the floor or other portions of the structure.

Englewood, NJ

http://www.cityofenglewood.org/health/health_code.html

Englewood, NJ requires a permit for portable toilets. They are required to be located within 200 fee of any commercial food service operation or any surface waterway.  The portable toilet shall not create a nuisance.

University Heights, IA and Iowa City, IA

http://www.university-heights.org/ord/ord127.pdf

University Heights, IA considers portable toilets a public nuisance except for when it is related to construction.  However, the subsection does not apply to platted lots comprising more than one acre in total lot area as long as a portable toilets upon such property is cleaned out or serviced with 72 hours of any day on which the University of Iowa plays football games.

The City of Iowa City, IA specifically stated that they historically have not enforced zoning regulations on the residential properties surrounding the stadium on game days including the establishment of portable toilets. They are working on policy regarding this and other game day related issues.  At this time they would not allow portable toilets to stay on a property the entire length of the football season. If someone wanted to bring them in for game day and have them removed that following Monday, they would tolerate it based on the type of activity that was proposed. If it is obviously a commercial operation, as opposed to a homeowner having a large tailgate party, they would look at some way to control the whole operation, not just the portable toilets.

Madison, WI

Madison considers portable toilets an accessory structure and does not permit them beyond special events if they are removed within a day or so of the event and any site with an active building permit.

Options

1. Prohibit portable toilets except in the following circumstances, for example:
1. Sites with active building permits
2. Short-term special events
3. Public parks
2. Make no changes and use the existing Environmental Code for enforcement
3. Allow portable toilets by establishing durational and locational standards, for example:
1. Locational standards (setbacks, location in yard)
2. Duration (number of days, number of occurrences)
3. Service of the portable toilet

Action Requested

Direct staff as appropriate and give general direction for future documents for consideration.  Staff recommends the Commission consider regulation of portable toilets, with the exception of the more typical uses above in Option 1, as there appears to not be an appropriate tool in place to address citizen complaints.