(A) License required; limitation on number of licenses issued.
(1) Any commercial hauler engaged in the business or providing collection and transportation services for residential, commercial or industrial refuse in Byron must obtain a license from the city prior to initiating services and must maintain the licenses at all times in providing said services.
(2) Effective June 1, 2019, the city limits the number of licenses to two. In issuing licenses those persons or companies currently licensed may continue to receive a license as long as they maintain the same ownership and business structure until such time as their license is voluntary terminated or terminated pursuant to this section. Licenses cannot be transferred as a part of a business sale or merger.
(3) A licensee shall provide written notice to the city 30 days prior to terminating collection and transportation services which notices shall act to then eliminate an outstanding license until such time as there are two licensed entities. In the situation that the number of licenses available falls to two, the two licenses will be only available to two individual parent companies or owners.
(B) Licensing procedure.
(1) Any person/company seeking a license to collect refuse in the city may apply on a form provided by City Hall. The initial application and subsequent applications for a license shall contain the following information:
(a) The name, address, phone number and fax number of the applicant and business owner(s);
(b) A description of each vehicle to be used for collection, including the vehicle identification and license numbers, vehicle make and model and capacity of the body;
(c) The location and address describing the place where the applicant is storing his or her equipment/vehicle(s);
(d) Annual DOT certification documentation; and
(e) Other information which the city may reasonably require from time to time.
(2) Failure to provide information requested may result in a trash hauler’s license not being issued or renewed.
(C) Insurance.
(1) Applicants for licenses or renewal must submit evidence of insurance for personal injury and property damage liability and indemnity coverage with coverage in the amount of at least $1,000,000 for general liability and at least $500,000 for automobile liability.
(2) Failure to provide information requested may result in a trash hauler’s license not being issued or renewed.
(D) Registration and license period and transfers.
(1) Registration and license period. Each registration and license granted by the city under this section shall expire on January 31, annually.
(2) Registration and license renewal. Application to renew licenses shall be presented to City Hall no later than 30 days prior to license expiration date, or sooner, as determined by the city.
(3) Availability. If at any time the number of licenses reaches the maximum of five haulers that use smaller collection vehicles will be given first preference for licenses.
(4) License requirement. It shall be unlawful for any business or company to engage in the business of collecting mixed municipal solid waste, recyclable material or construction debris without having first secured from the city a license to do so.
(5) Non-assignability of license. Licenses issued by the city may not be assigned or transferred in whole or in part by the hauler unless the City Council, in its sole discretion, gives its approval prior to any proposed assignment or transfer. Any attempt to assign or transfer the license in whole or in part without prior approval of the City Council shall be grounds for termination of the license.
(6) Revocation. A hauler’s license may be terminated by the city for any violation of city ordinances, Olmsted County ordinances, state or federal laws. The city may also terminate the license for unsatisfactory performance by the hauler. The licensee shall not be entitled to a refund of any license fee upon revocation or voluntary ceasing to carry on the licensed activity.
(E) License and registration fees.
(1) Establishment. Fees are set annually by the City Council in the fee schedule.
(2) Payment. Fees shall be paid with the initial application and annually thereafter by the applicant as a condition for license renewal. Non-payment shall be grounds for non renewal of the license.
(F) Hauler Requirements.
(1) Hauler shall be required to have water-tight, packer-type vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage or refuse.
(2) No collection of garbage, refuse or recyclables shall be made except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, except if the refuse hauler is attempting to make up a day lost due to a holiday.
(G) Penalty. Any owner or owners, firm, partnership or corporation violating any provision of this chapter shall be guilty of a misdemeanor and punished as provided in § 10.99 of the City Code. Each date that a violation is permitted to exist constitutes a separate offense.
(Ord. passed 9-23-09; Am. Ord. 19-06, passed 5-14-19)