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Photos - Is your toter a "Nuisance" like these toters are?

Source: Staff Reports

3 Comments Article Rating:0 | Read: 1096 | New today: 1 | Mobile Version
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The follow toters are sitting out front in plain site, and per the definition of the City's ordinances and municipal code states.

9.16.010 Public nuisance.

"Anything which is injurious to health or offensive to sight, smell or hearing or which seriously interferes with the free use and enjoyment of property or discommodes or hinders any of the citizens of the city in the exercise or enjoyment of any of their rights and privileges shall be deemed a public nuisance within the meaning of this section. "

Kipper Doran was given 5 tickets in consecutive order (meaning no one else got a ticket for 5 weeks) saying his toter was an "ordinance 9.16.010" under the other option - see the tickets here. Listen to the phone call about how or why he was classified as public nuisance here.

Are any of these photos your home - if so you might want to move your toter.

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

Toter - Public Nuisance

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Follow the comments ticker feed Comments (3 posted)

avatar
lucy 29/10/2011 07:37:54
While I don't find any of these pics offensive, people are entitled aren't they to put them on their property, and get them facing the correct way for pick up, I don't understand why so many have garages, and cant they find room in their garage? One two door garage, actually showed a bare space, where the toters could be stored.

What struck me, was the inconvience these people put themselves in by placing the toter where they did!!! the one on the porch isn't bad, cause they just walk out their front door. But several of the others, people have to go so far just to put their garbage. I would think you would want to keep them close to dispose of your garbage...like in your garage....to each their own. We opt for easiness, and keep ours in the garage. I would hate to have to go all the way outside to dispose of my trash, especially if you have a garage.

I realize many don't have garages, but have placed them close to their house. Something else that struck me, some of these houses look really nice, I would think the home owner would take pride in making their house look nicer by keeping them in their garage....
Reply Great Comment I'm sorry, but this is wrong!
-1
avatar
Joawn Seeley 29/10/2011 16:50:46
I wish that people would get the whole story on Kipper before they comment about him.

There is way more to the story than where the toter sits. And the pictures posted were two days after trash pick up. The point was showing that all over town the toters stay curbside. And the point is there is no ordinance to charge people with.

Kipper is a victim of harassment.

He is breaking no law and he is not being a bad neighbor. And people everywhere are mad about the toters and some are not able to pull them anywhere or able to put them out of site. But they think it won't do any good to complain and stand up for their rights, so they are waiting for someone else to do it. And Kipp is doing this for the ones who are afraid or physically not able to do anything, as much as for himself.

So get the whole story before you judge him.
Reply Great Comment I'm sorry, but this is wrong!
3
avatar
J.M. 30/10/2011 07:00:21
Just some observations:

1. The city is citing two different ordinance violations over a period of time. Chapter 8 is relative to Health and safety, where as Chapter 9 is specific to public peace, morals, and welfare. I personally don't see where the placement of a trash can violates, public peace, morals, or the general welfare of the public.

Technically speaking, referencing chapter 9 as the citation on the notification marked as "4th violation" would be the 1st vioation and not the 4th as the previous 3 were referencing chapter 8. In that respect, the 4th notification should be at the minimum a warning or a $50 fine(not indicating you were in violation), unless there were 3 notifications citing chapter 9 that were separate from the citations quoting section 8.24.

2. Section 8.24.270 states "Owners or tenants who violate any of the provisions of this chapter shall receive a written warning from the city services manager notifying said person(s) of the nature of the violation, the action necessary to correct said violation and the time within which said violation must be corrected". Unless there was a separate written notification, the above notification does not clearly state the action necessary to correct the violation. Was there written notification by the city indicating the appropriate corrective action needed to be in compliance with Section 8.24.270 as well as section 9.16.010? Is there a clear defintion of "near an Alley or curbside"? To enforce ordinances on where trash cans are to be placed after the trash has been picked up needs to be explicit and not left up to interpretation. In this case, it appears the city is trying to enforce an ordinance that doesn't call out explicit actions.

Section 8.24.270.......

A. No owner or tenant of any private or commercial premises shall create, or permit to exist, any of the following conditions, which shall be declared and considered public nuisances.

1. Placing city-owned containers or city-approved containers near an alley or curbside more than twenty-four hours before scheduled collection;

2. Keeping open city-owned or city-approved containers. (Lids must be kept on at all times);

3. Placing trash for collection in cardboard boxes or paper sacks;

4. No solid waste shall be permitted to ferment, putrefy or become odoriferous in city-owned or city-approved containers on private premises.

B. Owners or tenants who violate any of the provisions of this chapter shall receive a written warning from the city services manager notifying said person(s) of the nature of the violation, the action necessary to correct said violation and the time within which said violation must be corrected. The notification shall also contain a statement that failure to correct said condition within the prescribed time, or the occurrence of a second violation of this chapter at said location shall result in a fine of fifty dollars. Said fine shall be in accordance with the schedule for fines and fees, as adopted and promulgated by the board, pursuant to Section 8.24.020B. Once the occupant has been fined for a violation of this chapter, subsequent violations by the occupant shall result in fines which shall increase in increments of fifty dollars, but shall not exceed one thousand dollars within a twelve-month period. (Ord. 09-30, 2009; Amended during 1994 codification; Ord. 93-9 ยง 27, 1993).
Reply Great Comment I'm sorry, but this is wrong!
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