ORDINANCE NO

ORDINANCE NO. 8560

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ENACTING ARTICLE 10 OF CHAPTER IX, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2009 EDITION, AND AMENDMENTS THERETO, PERTAINING TO PORTABLE TOILETS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION ONE: Article 10 of Chapter IX, of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby enacted to read as follows:

Article 10. PORTABLE TOILETS

9-1001 DEFINTIONS. For the purposes of this Article the following terms have the following definitions:

(A) “Person” shall mean any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.

(B) “Portable toilets” means one or more commercially manufactured or assembled toilet facility that is portable and is not designed or intended for connection to a sewer system with a standard connection. Portable toilets shall include, but not be limited to, water flush toilets or chemical toilets that have a water tight, impervious pail or tank containing a chemical solution placed immediately beneath the seat or urinal and a pipe or conduit connecting the riser with the tank.

(C) “Site” means any property or properties, consisting of one or more lots, whether developed or undeveloped that make up an individual location. Examples of a site include but are not limited to a parking lot or lots, a business location consisting of one or more buildings, and a residential property consisting of one or more lots.

(D) “Use” means the presence of one or more portable toilets on a site which are intended for use, even if not actually being used. This would include periods when the toilets are on site but not accessible for security or maintenance periods. The storage of portable toilets at a commercial facility or business that is in the business of providing and servicing portable toilets is not considered a use under this Article.

9-1002 USES.

(A) Nothing in this Article shall prohibit any use of portable toilets contained within a recreational vehicle or required by federal, state or local law.

(B) Unless otherwise authorized by federal, state or local law, it shall be unlawful to use portable toilets on single or multi-dwelling residentially zoned property except as provided for herein.

1. The use of portable toilets shall be allowed in the following circumstances and subject to the following limitations:

a. On all City, County, School District, University or State owned property.

b. On all property granted a City Temporary Special Event or Right-of-Way Permit.

c. On all property for a period beginning one day before each scheduled University of Kansas football game held at Memorial Stadium and ending on the Monday immediately following the scheduled football game. If the football games held at Memorial Stadium are scheduled on consecutive weekends, then portable toilets shall be allowed to remain until the Monday immediately following the last consecutive scheduled football game. All portable toilets shall be removed no later than the Monday immediately following the scheduled football game.

d. On property with construction projects subject to Planning and Development Services development reviews or permits that:

i. Do not have existing on-site sanitary sewer facilities; and

ii. Have written proof of a service contract with a disposal contractor;

e. On the camp property of Lawrence Hidden Valley Committee Incorporated commonly known as 3420 Bob Billings Parkway, Lawrence, Douglas County, Kansas.

f. In addition to that granted in 9-1002(B)(1)(c) above, portable toilets are permitted on all property used for residential uses, as defined by the Land Development Code, for up to four consecutive days and only two times per calendar year. Requests for the use of portable toilets beyond the duration established in this subsection may only be granted by the Director of Planning and Development Services or designee where the Director or designee finds that the criteria of this Article are upheld. Appeals of the Director’s decision may be made to the City Commission.

g. On property with approved nonresidential use(s) as defined by the Land Development Code.

9-1003 MAINTENANCE REQUIREMENTS.

(A) It is the responsibility of the person responsible for the site where portable toilets are located to ensure compliance with the maintenance requirements in this section. For Temporary Special Events that obtain a permit from the city, it is the event coordinator’s responsibility to ensure compliance with the maintenance requirements in this section.

(B) The following maintenance requirements shall apply to all uses of portable toilets:

1. Portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured from use when not in active use. The toilet(s) shall be serviced by a disposal contractor that shall provide periodic inspections and pump outs as necessary and must be immediately serviced by a disposal contractor if the holding tank becomes full during the period of use.

2. For all uses, in addition to the other requirements of this section, the following shall apply to the use of portable toilets. Portable toilet(s) shall be located on the site so as to be free from obstruction from, nor present an obstruction to, existing structures or driveways. The toilet(s) shall be located in such a manner as to not be potentially impacted by site conditions such as slopes, ditches, or prevailing winds. Portable toilet(s) shall be located to provide the maximum practical screening from roads and adjacent properties as the site allows.

3. It is the person’s/event operator’s responsibility to ensure that toilet(s) are not used in a dangerous or inappropriate manner, especially by children. This may be accomplished by monitoring or securing the toilet(s) from use during periods of inactivity, such as night time and weekend hours, or by other effective means as appropriate.

9-1004 UNLAWFUL ACTS, PENALTY.

It shall be unlawful for any person to violate any requirement of this Article. In the event that a violation of this Article would also be a violation of another provision of the City Code, the violation shall be punished as would a violation of such other provision. All other violations shall be punished by a fine not to exceed $500 or incarceration not to exceed 30 days or both such fine and incarceration. Each day or portion thereof that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation of this Article.

9-1005 NOTICE OF VIOLATION.

(A) The building official is authorized to serve a notice of violation or order on the person responsible for the violation of the provisions of this Article. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

(B) The notice of violation shall be served in either of the following ways:

1. A copy of the notice of violation shall be conspicuously posted on the property where the violation is alleged to exist. In the case of property containing a structure, posting a door hanger on a main entrance to the structure shall be considered conspicuous posting. In addition, a copy of the notice of violation shall be mailed, postage prepaid, to such person at his or her last known address.

2. A copy of the notice of violation may be mailed by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.

1. The condition that has caused the violation of this Article; and

2. That the person in violation shall have Two (2) days from the date of the service of the notice of violation to alleviate the violation.

3. That failure to alleviate each condition within the time period provided may result in prosecution under this Article, and/or, abatement of the condition by the City according to Chapter IX, Article 2, Section 9-203 and amendments thereto, with the costs assessed against the person according to Chapter IX, Article 2, Section 9-204 and amendments thereto.

9-1006 PROSECUTION OF VIOLATION.

If the notice of violation is not complied with in accordance with 9-1005, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Article or of the order or direction made pursuant thereto.

9-1007 AUTHORITY TO ISSUE NOTICE TO APPEAR.

Pursuant to the authority of Charter Ordinance No. 31, the inspector personnel of the Planning and Development Services Department are hereby authorized to issue Notice to Appear citations for alleged violations of the provisions of Chapters IX, Article 10 of the Code of the City of Lawrence, Kansas, and amendments thereto.

SECTION TWO: Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION THREE: This ordinance shall take effect and be in force from and after its passage and publication as provided by law.

Passed by the Governing Body of the City of Lawrence, Kansas this ___ day of______, 2010.

APPROVED:

_________________________________

Mike Amyx, Mayor

ATTEST:

_________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_________________________________

Toni Ramirez Wheeler, Director of Legal Services

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.