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conviction for a violation of this section shall be an infraction or misdemeanor pursuant to Chapter 1-12 of this Code. 3-6-340 NO UNAUTHORIZED CONTAINERS. (a) Except as expressly authorized by this Chapter, no person other than the City or its franchisee or contractor may place a container within the City for the collection of solid waste, recyclables, or green waste, unless the person is the owner, operator, or manager of a residential property or commercial or industrial establishment and self- hauls such material, as provided for in Sections 3-6-320(a)(1) and (6). (b) The City shall notify, in writing, any person that violates this section that the prompt and permanent removal of an unauthorized container from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the container. If flee container is identified with the name and telephone number of the enterprise servicing it, the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. The City may impound or cause to be impounded any such container if the enterprise servicing it does not permanently remove it from the place or premises within the time set forth in the notice, which time shall be not less than twenty-four (24) hours after posting of the notice, nor less than six business hours after telephonic notification, if any. For purposes of this section, "business hours" shall mean the hours of seven (7) a.m. to six (6) p.m., Monday through Saturday. Any person that violates this section shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage, and handling of such container by the City. The bin, box, or container impounded by the City shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. The City Manager may delegate to the City's franchisee or contractar the authority to serve notice of a violation of this section, to impound unauthorized containers, and to collect the fines and charges levied by the City. (c) Upon posting of a written notice of violation upon an unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste and recyclable materials therein. 3-~-350 NO ENCROACHMENT PERMITS REQUIRED FOR CONTAINERS. Consistent with Section 5-1-105 of this Code, the City's franchisee shall not be required to obtain an encroachment permit to place a container for solid waste, recyclables, or green waste in the public right-of--way. The City's franchisee shall, nevertheless, be required to do all of the following: (a) Remove any such container from the public right-of--way at no cost to the City when the City requires such removal; (b) Comply with City's administrative guidelines regarding the placement and marking of all such containers; and (c) Indemnify, defend, and hold harmless the City from and against any and all damages to persons or property resulting from the placement of such containers in the public right-of--way. OfZI~INAI~CE NO. 2005-012 9