(A) The Board of Trustees may, by ordinance, and as it deems in the best interests of the health and safety of the city’s inhabitants, grant a franchise to a contractor (“residential contractor”) which shall have the exclusive right within the service area to collect, remove or dispose of residential solid waste, with the exception of dead animals, hazardous wastes and other such materials which the city is prohibited by law from collecting or disposing.
(B) The Board of Trustees may, by ordinance and as it deems in the best interests of the health and safety of the city’s inhabitants, grant non-exclusive franchises to contractors (“commercial contractors”) which shall have the right within the service area to solicit and enter into contracts with commercial entities to collect, remove or dispose of non-residential solid waste, with the exception of non-residential recyclables.
(C) No person or organization aside from the residential contractor and commercial contractors approved by ordinance (collectively “BOT-approved contractors”) may offer or sell any services for the systematic and routine collection, transportation or disposal of garbage, trash or refuse.
(D) The phase-in period includes the following.
(1) Beginning on the date of enactment of this chapter and continuing for a period of not longer than 1,095 calendar days thereafter, any existing written contract otherwise subject to this chapter with a trash collector other than one of the BOT-approved contractors as set forth above shall be allowed to continue in full force and effect until expiration, but no new such contracts shall be created after the enactment of this chapter and no such existing contracts shall be subject to renewal after the enactment of this chapter, except as otherwise specifically authorized or prohibited by law. This phase-in period shall not apply to any person or business that lacks authorization by the laws of the state or city ordinance to do business as a solid waste service provider within the service area as of the date of enactment of this chapter.
(2) It shall be the obligation of each resident of the city, both individuals and commercial entities, to engage the services of a BOT-approved contractor for solid waste services at or before the close of the phase-in period, or the expiration of any existing written contract for solid waste services, whichever date comes first, consistent with the provisions of division (D)(1) above.
(E) Violation of the phase-in requirements, as described in divisions (D)(1) and (D)(2) above, shall result in a fine of up to $500, notwithstanding the provisions of § 50.99(B).
(F) The city and its duly authorized agents shall have the exclusive right to collect or gather residential curbside recyclables except that the city may grant a franchise to a contractor for such services.
(G) The city reserves the right at any time to refuse to collect or receive waste if, in the City Manager’s or the City Manager’s designee’s judgment, such collection is deemed to be harmful, hazardous or in violation of city and state regulations governing types of waste, weight or waste constituents. The city shall inform the person responsible for such waste and shall require compliance with this chapter.
(H) The city shall have the right to enforce this chapter through appropriate written policies and regulations, except as otherwise prohibited by law.
(Ord. 2022-003, passed 7-20-2022) Penalty, see § 50.99