Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Diane Stoddard, Assistant City Manager
Date:	August 17, 2010
RE:	Portable Toilets Ordinance

On August 10, 2010 the City Commission considered whether to regulate portable toilets.  Upon receiving the staff report and hearing from citizens the Commission directed staff to prepare an ordinance regulating Portable Toilets.  Attached (revised 08/13/10) is a proposed Portable Toilets ordinance for City Commission consideration. 

This ordinance prohibits all portable toilets in the City except in the following circumstances:

• On all City, County, School District, University or State owned property.
• On all property granted a City Temporary Special Event or Right-of-Way Permit.
• On all property one day prior to each home KU football game to be removed on the Monday immediately following the scheduled football game.
• On property with construction projects subject to Planning and Development Services development reviews or permits with specific limitations.
• On property granted a permit by the Director of Planning and Development Services or designee.

The penalty for violation of the ordinance is a fine not to exceed $500 or incarceration not to exceed 30 days or both.  Enforcement shall be through the Planning and Development Service Department.   An abatement provision has also been provided if the person with the portable toilet fails to alleviate the violation. 

Ordinance 8560 pertaining to Portable Toilets is attached for your City Commission review and consideration.

Action Requested: Review and pass Ordinance 8560 pertaining to Portable Toilets, if appropriate.