26-611 Penalties.

Violations of any provisions of this article herein adopted shall be deemed a municipal civil infraction, punishable by a fine of not less than $300.00, or more than $1,000.00; plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provision of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense, which is a first repeat offense shall be no less than $500.00, plus costs.

(2)    The fine for any offense, which is a second repeat offense or any subsequent repeat offense shall be no less than $750.00, plus costs.

A violation includes any act prohibited or made or declared to be unlawful or an offense by this chapter or any ordinance and any omission or failure to act where the act is required by this chapter or any ordinance.

Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.

(Ord. No. 2179, § 1, 4-21-05)

26-612 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Collection depot or agency means and includes any business or location where clothes, garments or other wearing apparel is received and collected to be dry cleaned, or dyed, at a plant located either outside or inside the city limits.

Dry cleaning means and includes the process of removing dirt, grease, paint or stains from wearing apparel, fabrics, textiles or articles of any other sort by the use of carbon tetrachloride or any other synthetic solvent, or gasoline, naphtha, benzol, or any other flammable liquids, or the drum sawdust system or other method of fur cleaning. Persons cleaning hats or shoes exclusively shall not be deemed dry cleaners under this definition.

Dyeing means and includes the process of dyeing clothes or other fabrics or textiles in a solution of dry colors and liquids.

Flammable liquid means and includes any liquid which, under operating conditions, gives off vapor which when mixed with air is combustible and explosive.

Self-service laundry means any establishment in which coin operated facilities are available for washing clothes, for drying clothes or both, and which is open and available to the general public for use.

Solicitor or collector means any person who collects garments, clothes or any other wearing apparel for the purpose of being dry cleaned, stored or dyed, in a plant located either inside or outside the city limits.

(Code 1985, § 8-67; Ord. No. 2179, § 1, 4-21-05)

Cross referenceDefinitions generally, § 1-2.

26-613 License required.

(a)    No person, as principle, agent, or employee, shall establish, engage in or carry on within the city the business of dry cleaning, storage, dying or being the collection depot for dry cleaning or storage, either separately or in connection with some other business, without first obtaining a license for the city.

(b)    No person as principle, agent, or employee, shall establish, engage in or carry on within the city the business of a self-service laundry, either separately or in connection with some other business, without first obtaining a license for the city. (Provided that the establishments licensed as a dry cleaning establishments need not obtain a laundry license in addition to the dry cleaning license.)

(c)    The annual fee for laundry licenses shall be established by the administrator of community development and may be changed from time to time by resolution by city council.

(Code 1985, § 8-68; Ord. No. 2179, § 1, 4-21-05)

26-614 Sanitation.

Premises used for laundromats must be kept in a clean and sanitary condition. No refuse of any kind shall be permitted to accumulate on such premises; and the premises must be kept from of rats, mice, vermin and all other rodents. It shall be unlawful to employ any person inflicted with a venereal or contagious disease in a laundromat.

(Ord. No. 2179, § 1, 4-21-05)

26-615 Self-service laundries.

It shall be unlawful to keep any such establishment open for business between the hours of 10:00 p.m. and 6:00 a.m., unless there is an adult attendant physically present on the property, in charge of the premises during such hours.

(Ord. No. 2179, § 1, 4-21-05)

26-616 Inspections.

Inspections by the community development department and the fire department may be made at any time during business hours or, in an emergency situation, without notice, as allowed under applicable local, state and federal law.

(Ord. No. 2179, § 1, 4-21-05)

26-617 Insurance policy required.

The licensee for each license required in section 26-612 shall file with the administrator a policy of insurance in accordance with section 26-614. The policy of insurance covering storage establishments for garments shall contain a provision that it covers the storage of customers’ goods.

(Code 1985, § 8-69; Ord. No. 2179, § 1, 4-21-05)

26-618 Insurance requirements; bond.

(a)    Each licensee under this article shall file with the administrator a bailee policy of insurance in the amount of $1,000.00 covering loss to customers’ goods left in the custody of the licensee for either cleaning or storage. This insurance policy is to cover loss by reason of and including the following risks and perils:

(1)    Fire arising from any cause whatsoever, including lightning.

(2)    Explosion.

(3)    Collision, i.e., accidental collision of the vehicle on which the property is carried with any other vehicle or object, including the overturning of the vehicle or collapse of bridges.

(4)    Theft, burglary and holdup.

(5)    Tornado, cyclone or windstorm.

(6)    Flood, meaning thereby the rising of rivers and streams.

(7)    Sprinkler leakage.

(8)    Transportation risks by public carriers or mail service.

(9)    Earthquake.

(10)    Strikes, riots and civil commotion.

(11)    Vandalism and malicious mischief.

(12)    Confusion of goods resulting from any of the foregoing perils.

(b)    The insurance policy required by this article shall be subject to the approval of the city attorney and shall be what is commonly known as the “reporting form” policy, covering at all times the total value of customers’ goods held by the licensee either for cleaning or storage.

(c)    In addition to the foregoing provisions of this section, the licensee shall also be responsible for any loss or damage to customers’ goods, held either for cleaning or storage, due to negligence of the licensee, and in addition to the foregoing bailee policy of insurance, the licensee shall file with the administrator a surety company bond in the penal sum of $1,000.00 in favor of the people of the state, conditioned that the licensee will comply with the provisions of this article relative to the protection of customers’ goods held either for cleaning or storage, and conditioned further that such licensee will pay all judgments for any damage to or loss of the customers’ goods due to negligence of such licensee or negligence of his employees. Such bond shall also contain a provision that the surety may, on a ten-day written notice to the administrator, cancel such bond. If any such bond is cancelled under the provisions of this article, the administrator shall request the licensee to file a new bond. If, after such cancellation by the surety, the licensee shall fail to file a new bond prior to the termination of the original bond, the license of such licensee shall be referred to the city council by the administrator for revocation and, if no bond is on file, the city council shall revoke such license. Any person seeking restitution under the foregoing surety bond shall present written notice of his claim to the surety company, and a copy to the administrator, within 90 days after such loss or damage shall have been sustained.

(Code 1985, § 8-70; Ord. No. 2179, § 1, 4-21-05)

26-619 State law; compliance to issuance.

No license, permit or registration by this article shall be issued to any person who is required to procure a license, permit or registration from the state until such person shall submit evidence that the required state license has been issued and that all fees appertaining thereto have been paid.

(Ord. No. 2179, § 1, 4-21-05)

26-620 Compliance with Code; procedure for issuance.

(a)    No license shall be granted to a dry cleaners or self-service laundry until such applicant has complied with all the provisions of this article and every other provision of this code pertaining to the procedures for issuance of a license in which an application is made.

(b)    All self-service laundry license applications shall be submitted to the city’s licensing bureau, which shall cause all inspections and investigations to be made to ascertain if the premises for which the license is sought is in compliance with the provisions of state law and city ordinance as prescribed in chapter 26, sections 26-40 through 26-51, of this Code.

(Ord. No. 2179, § 1, 4-21-05)

26-621 Enforcement authority.

(a)    It shall be the duty and the responsibility of the administrator of the building and safety division of the city and his authorized assistants and subordinates to enforce the provisions of this code, the zoning ordinance and state law.

(b)    It shall be the duty of the office of strategic planning and land use to certify that all minimum requirements set forth in the zoning ordinance are met at the time plans are submitted for review and approval.

(c)    It shall be the duty of the city’s licensing bureau to cause, upon receipt of sign renewal business license, all inspections and investigations to ascertain compliance with all applicable provisions of state law and city ordinance. The aforementioned inspections and investigations as sited in chapter 26, article II, section 26-40, shall be in effect for purposes of enforcement of this article.

(Ord. No. 2179, § 1, 4-21-05)

26-622—26-660 Reserved.