(a) All garbage and refuse haulers operating within the corporate limits of the City of Fostoria, Ohio shall be required to offer the following hauling services: (haulers may operate independently or enter into contractual relationships to form cooperative enterprises, but in either case, the hauler must be able to provide all the services listed below)
(1) For rubbish and garbage to a certified landfill: weekly.
(2) For recyclable items (see: "recyclables" in Section 521.13) and dispose of all in an environmentally responsible way: weekly service and collection. Recyclable items may not be taken to a landfill.
(3) For yard waste including grass clippings, leaves* and bundled brush and dispose of all in composting/mulching facility or other environmentally responsible way: service once per week during months of April through November. The haulers shall designate a day for pick up of bulk items, brush and other yard waste; no bulk items, brush and other yard waste may be taken to a landfill. The City will cooperate with haulers in finding a destination point (or points) for brush.
*leaf pickup will not be required if the City manages leaf collection.
(4) For bulk items such as couches or appliances.
(5) All haulers must carry liability insurance for the operation of their vehicles and proof of premium payment to the Worker's Compensation fund; use clean, leak proof, enclosed trucks and maintain a local or toll free telephone.
(6) Insurance requirements: No residential waste hauler may operate within the City without first providing the Zoning Inspector a copy of the certificate of insurance protecting the refuse collection company from claims from the operation of their refuse collection vehicles. Proof of insurance in the amount of at least $1,000,000.00 combined single limit for bodily injury and property damage liability should be supplied to the City. In addition, a certificate of Worker's Compensation premium paid shall be supplied that proves that the refuse collection company is in compliance with state Worker's Compensation statutes and regulations. Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of the cancellation.
(b) Equipment Requirements:
(1) All equipment used by the collection agent shall be kept clean and relatively odor free at all times.
(2) Equipment used in the collection of refuse, yard waste, recyclables and bulk items shall be marked with the name, address and telephone number of the servicer to the reasonable satisfaction of the City.
(3) Servicer shall transport all non-recyclable refuse in enclosed vehicles sufficiently tight to prevent leakage of liquid or solid materials. Vehicles for recyclables, bulk items or yard waste may be open if material is bagged or otherwise secured. Such trucks shall be in compliance with all laws, ordinances and regulations governing the same.
(4) Phone requirements. All haulers shall maintain an office or telephone service for the transaction of business including receipt of service calls or complaints.
(c) Collection Schedule. The collection and disposal of residential refuse shall be accomplished as follows:
(1) Residential waste haulers shall collect non-recyclable refuse, yard waste, and bulk items at least once per week from all customers in the City; collection of commingled recyclable items shall occur on a weekly basis on the same day as refuse collection services.
(2) Point of collection for residential refuse, recyclables, yard waste and bulk items shall be at the curb or alley way as is customary for the neighborhood.
(3) Collection of residential refuse and recyclables shall be limited to weekdays from 6:00 a.m. to 7:00 p.m. except in the case of any emergency, due to an act of God or a legal holiday causing all routes to be delayed by one day.
(4) Collections may be Monday through Friday. A collection day which falls on a legal holiday shall be made up on the following day which is not a Sunday or legal holiday. The collection firm shall be consistent with this holiday collection policy.
(5) Collection firm shall make immediate arrangements to the satisfaction of the resident, for the collection of material inadvertently bypassed. This recall for service, if required by the customer, is expected to be within a 24 hour period.
(d) Liability. The City, its agents, employees, and elected officials (both past and present) shall not be liable for any loss, damage, injuries or other casualties of whatsoever kind or by whomsoever caused to the person or property of anyone, including the collection firm, arising out of or resulting from whether due in part to negligent acts or omissions of the City, its agents, or employees; and the collection firm, for itself, its successors and assigns, does hereby agree to indemnify and hold the City of Fostoria, Ohio harmless from and against all claims, demands, liabilities, suits and actions (including reasonable expenses and attorney's fees incurred by or imposed by the City in connection therewith), for such loss, damage, injury or other casualty.
(e) Standards for Service.
(1) Any refuse spilled during collection shall be promptly removed and the area cleaned immediately.
(2) When emptying refuse containers and recycling bins, the collection personnel shall do so with as little damage as reasonably possible to the containers and lids. Collection containers damaged by collection service personnel shall be replaced at no charge by the collection firm. Damage due to normal wear and tear, wind, and otherwise beyond the control of the collection firm is the responsibility of the property owner or occupant.
(3) Collection firm personnel and equipment shall comply with all applicable City, county, state and federal laws. All such required safety equipment and warning devices shall be in use and functioning properly.
(f) Licensing.
(1) No company may provide residential refuse service in the City until it has obtained a residential haulers license from the Zoning Department of the City of Fostoria, Ohio.
(2) The fee for said license shall be $75.00 annually and must be paid before January lst.
(3) Failure of a refuse collection firm to specifically comply with the terms of this section and Section 521.12 may result in the revocation of its license and the imposing of penalties as otherwise provided in this section.
(g) Parking and Storage. No vehicles used by a company that collects and transports refuse shall be parked or stored in any district other than M2 General Industrial.
(h) Enforcement. This section shall be enforced by the Zoning Inspector.
(i) Penalty. Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor. Each day a violation continues shall constitute a separate offense punishable as a minor misdemeanor with each subsequent offense under this section punishable by a fine up to $500.00.
(Ord. 2011-45. Passed 9-6-11.)
(Ord. 2011-45. Passed 9-6-11.)