A. License Required: No person, except as provided herein shall remove "waste" materials as defined in section 4-7-1 of this chapter from any premises in the city, or transport such waste materials upon the streets and public highways within the city, or in any other manner dispose of waste materials originating in the city, or contract for a permit or to be employed or engaged in any such removal, transportation or disposal without first having obtained a license therefor from the city.
B. Licensing Regulations, Terms And Conditions:
1. Application And Issuance: Any person or party desiring a license must make application therefor to the city clerk.
2. Fee: The annual license fee shall be as prescribed in section 3-1-3 of this code.
3. Renewal And Expiration: All licenses issued hereunder shall expire on December 31 following its issuance.
4. Qualifications: Every applicant for a license hereunder shall furnish the city with evidence that the applicant has sufficient equipment and personnel to render service to existing and prospective customers and in accordance with the requirements of this section; and further, that the applicant has the capability to assure completion of applicant's routes on schedule under any circumstances.
5. Equipment:
a. Vehicle Backup Warning Device: All licensed vehicles shall be equipped with a backup device which complies with Minnesota statutes and Minnesota highway regulations applicable thereto.
b. Other Requirements: All licensed vehicles transporting waste materials shall be otherwise equipped as provided in subsection D of this section.
6. Sanitation And Appearance: All licensed vehicles and equipment shall be kept clean and in good repair and appearance and shall be maintained in a sanitary condition so as to prevent insect breeding therein or other nuisance characteristics.
7. Inspection: No license shall be issued or renewed until the vehicle to be licensed has passed a state approved inspection and received a commercial vehicle (CV) inspection certificate from either the state or a CV dealer authorized by the state of Minnesota to conduct CV inspections. The inspection certificate for the proposed licensed vehicle must be dated within twelve (12) months from the date of the application or renewal.
8. Liability Insurance: Every licensee shall carry bodily injury liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) per person and not less than two million dollars ($2,000,000.00) per occurrence and not less than five hundred thousand dollars ($500,000.00) of property damage insurance on all licensed vehicles. Every licensee shall also carry workers' compensation insurance for its employees. The licensee shall provide the city with evidence that said insurance is in full force and effect and shall provide the city with ten (10) days' written notice of cancellation of said insurance.
9. Cancellation Or Revocation: The parties hereunder may, if mutually agreeable, cancel such license. However, the city may revoke the license of any collector as provided for in this code.
10. Identification: The collector shall display its company name and telephone number in a conspicuous place on both sides of each licensed vehicle in letters and numerals no less than four inches (4") in height.
11. Denial Of License: The city reserves the right to deny any applicant a license or a renewal thereof if any reasonable doubt exists as to the applicant's compliance with the provisions of this section or any other provisions of this code.
C. Collection Practices:
1. Frequency Of Service:
a. The collector shall provide residential garbage and refuse collection service only on Thursdays, except when:
(1) A legal holiday falls on a day Monday through Thursday, in which case the collector shall provide garbage and refuse collection on the next day; or
(2) Extreme inclement weather prevents the collector from collecting the garbage and refuse on the scheduled Thursday, in which case the collector shall provide garbage and refuse collection on the next day that weather permits such collection.
b. The collector shall provide commercial garbage and refuse collection on any weekday, Monday through Friday.
2. Service Complaints:
a. Contact Person: Each collector shall have a telephone number listed in a telephone directory of general circulation in the city or on a webpage accessible to the public, and shall provide telephone answering service between the hours of nine o'clock (9:00) A.M. and four thirty o'clock (4:30) P.M. Monday through Friday, except on legal holidays.
b. Service Failure Makeup: If the customer was not serviced because the waste containers were not accessible on the scheduled collection day, the collection shall be made as soon as possible by agreement between the collector and customer.
3. Collector To Replace Damaged Waste Containers: The collector shall replace at its expense, containers which are damaged by the collector's carelessness or the carelessness of collector's employees or agents.
4. Collector To Replace Covers And Cans To Their Original Locations: The collector shall, after servicing the customer, replace all covers and cans to their original location.
5. Use Of Private Driveway Prohibited: The collector is prohibited from driving the collection vehicle upon the private driveways of residents unless written approval is first obtained from such resident.
D. Transportation Of Waste:
1. Waste To Be Covered: No collector shall transport waste upon the public streets and highways or other public property of the city unless such waste being transported is entirely and securely covered.
2. "Packer Type" Refuse Body For Transporting Garbage: No collector shall transport garbage upon the public streets and highways or other public property of the city except in a leakproof, compaction type body commonly referred to as a "packer type" refuse body, as approved by the city manager or the manager's designee.
3. Cleanup Of Spilled Waste: The collector shall immediately clean up in a neat and workmanlike manner any waste that the collector may have caused to spill upon the streets and highways or other public or private property in the city.
E. Prohibited Dumping: No collector shall dump, place or otherwise dispose of waste in violation of the laws of the United States, this state and its counties, or the laws of any political subdivision thereof.
F. Storage Of Vehicles In The City: Collectors shall not store or keep their waste removal vehicles in the city when not in use (after such vehicle is free from all waste) unless located within a properly zoned district and the site complies with all zoning and city codes.
G. Noise Regulations: Each collector operating in the city shall comply with all other provisions of this code, including the noise level and hour regulations in section 5-5-1 of this code.
H. Hours Of Operation: No licensed collector may operate between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M.
I. Transfer Of License: Unless otherwise provided in this code, no license shall be transferable without the authorization of the council.
J. Renewal Of License: License renewals are issued in the same manner and subject to the same conditions as original licenses.
K. Revocation; Denial; Suspension: A license issued or to be issued by the city may be denied, suspended or revoked by the council for any of the following causes:
1. Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licensed activity.
2. Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota statutes, chapter 364, as amended.
3. Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the city health authorities or other appropriate city official.
4. Expiration or cancellation of any required bond or insurance, or failure to notify the city within a reasonable time of changes in the terms of the insurance or the carriers.
5. Actions unauthorized or beyond the scope of the license granted.
6. Failure to continuously comply with all conditions required as precedent to the approval of the license.
L. Hearing: No license may be suspended or revoked, or an administrative fine levied on the licensee, until after a hearing is granted to the licensee. Such hearing to be held before the council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license.
M. Temporary Suspensions: The council may temporarily suspend a license pending a hearing on revocation or suspension when in its judgment the public health, safety and welfare is endangered by the continuance of the licensed activity.
N. Violation, Criminal Penalty: Any person violating any provision of this section shall be guilty of a petty misdemeanor. Each day of continued violation, after citation or complaint, shall be deemed a separate offense and chargeable and punishable accordingly. Violators shall also be subject to administrative fines levied under title 1, chapter 6 of this code. (Ord. 2017-04, 6-5-2017)