ORDINANCE NO. O-8-2011

AN ORDINANCE OF THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY, AMENDING SECTION 97.12 (A) OF THE CITY OF FORT THOMAS CODE OF ORDINANCES WHICH REGULATES THE PLACEMENT OF TEMPORARY STORAGE UNITS, PORTABLE STORAGE UNITS AND DUMPSTERS BY DELETING THE TERM “PODS”

WHEREAS, Section 97.12 (A) of the Fort Thomas Code of Ordinance uses the term “PODS” generically to identify portable storage units; and

WHEREAS, PODS Enterprises, Inc., has notified the city that the term “PODS” is a trademarked term and has requested that the term be removed from the city ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNCIL OF THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY, that Section 97.12 (A) of the City of Fort Thomas Code of Ordinances shall be amended as follows:

§ 97.12 TEMPORARY STORAGE UNITS, PORTABLE STORAGE UNITS AND DUMPSTERS.

(A) Temporary storage units, portable storage units, “PODS” or dumpsters (hereinafter “devices”) may be placed upon private property or a city street in accordance with the following limitations:

SECTION II

All ordinances, resolutions or parts thereof, in conflict with the provisions of this ordinance, are to the extent of such conflict, hereby repealed.

SECTION III

The provisions of this Ordinance are severable. If any provision, section, paragraph, or part thereof be held invalid, such decision shall not affect or impair the validity of the remainder of this Ordinance.

SECTION IV

This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.

APPROVED:

______________________________

Mary H. Brown, Mayor

1^st Reading: May 16, 2011

2^nd Reading: June 6, 2011

Publication: June 16, 2011

ATTEST:

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Melissa K. Kelly, City Clerk