(a) No person shall engage in the business of collecting, removing or disposing of municipal waste, landscape waste, organic material waste, recyclable materials waste, garbage, refuse, or miscellaneous waste in the village without first having secured a license therefor pursuant to this article.
(b) The village may from time to time enter into a contract with and license a scavenger to provide collection and removal service to some or all residential units within the village for the price and under the terms and conditions contained in the contract. In the event the village so contracts with a scavenger, no more than one residential scavenger license shall be issued at any one time to provide refuse and waste collection and removal service to such residential units, and that license shall be issued to the village's contractor. The fee for such residential scavenger license shall be as established from time to time by the board of trustees.
(c) The village may from time to time enter into a contract with and issue an exclusive commercial franchise to a scavenger to provide commercial service to all commercial customers within the village for the price and under the terms and conditions contained in the commercial franchise agreement. In the event the village so contracts with a scavenger, no more than one exclusive commercial service scavenger license shall be issued at any one time and that license shall be issued to the village's franchised commercial services contractor. Except for private services, and except as provided in subsection (e) of this section, the commercial franchisee shall provide commercial services to all commercial customers within the franchise territory in accordance with the commercial franchise agreement between the village and the franchisee.
(d) A commercial franchisee shall not provide collection and removal service to any residential units or buildings within the village without first receiving a residential scavenger license.
(e) Notwithstanding any provision of this article to the contrary, a commercial franchisee shall not provide commercial services to any commercial customer for which an exemption has been granted by the village manager in accordance with the following:
(1) Any person or legal entity occupying any commercial building may file a written request with the village manager for an exemption from service from the commercial franchisee. The request should be accompanied by appropriate documentation specifying and demonstrating the circumstances that necessitate the exemption, which may include, without limitation:
(A) The requester's business is subject to a corporate contract for multi-unit scavenger services, the provisions of which are outside the requester's control;
(B) The requester is subject to a written and binding contract with a scavenger previously licensed by the village, which contract was effective prior to January 1, 2014. If the exemption is granted in connection with this section, the exemption shall terminate upon the expiration of the requester's contract;
(C) The requester's business requires a specialized solid waste or recycling service that the commercial franchisee is unable to provide; or
(D) An exceptional hardship is demonstrated, which may also include comprehensive recycling service being provided through their current scavenger contract.
(2) Within thirty (30) days after receipt of a request for an exemption, the village manager shall either grant or deny the exemption, in the village manager's sole and absolute discretion.
(3) Any person or entity to whom an exemption has been granted shall obtain commercial services only from a scavenger that is licensed by the village pursuant to this article.
(4) Any person or entity denied an exemption under these provisions may appeal the denial in writing to the village board within ten (10) days after the date of the village manager's written denial. (Ord. 0-14-6, 3-3-2014)