(a) License Required for Commercial and/or Industrial Waste Collection. No person or commercial entity shall engage in the business of collection of commercial and/or industrial waste unless the person or commercial entity is a present holder of a non- expired refuse contractor license issued by the City Manager which specifically authorizes the holder to collect commercial and/or industrial waste within the boundaries of the City limits.
(b) Commercial and/or Industrial License Fee; Prohibitions.
(1) The yearly contractor license fee for the collection of commercial and/or industrial waste shall be one thousand two hundred dollars ($1,200). The license fee shall be paid to the City Manager or his or her designee, and is valid exclusively for the calendar year for which such license is issued. If the application for a license under this section is made after the beginning of the calendar year, the City Manager shall charge a pro rata licensing fee of one hundred dollars ($100.00) per month for each month or part thereof remaining in the calendar year. Neither the City Manager nor any other City employee is authorized to issue the contractor license until the applicant has paid the entire amount of the license fee in full for the entire year, or the full amount for the portion of the year remaining.
(2) No commercial and/or industrial entity located with the City shall contract or employ a person or commercial entity not duly licensed under this section to collect or haul away its commercial and/or industrial waste. No person or commercial entity not presently in possession of an unexpired commercial and/or industrial license issued under this section shall engage in the business of collecting commercial and/or industrial waste within the City. A violation of either of these prohibitions shall be punished as set forth in Section 1060.99.
(c) Exclusivity for Residential Waste Collection.
(1) No person or commercial entity shall engage in the commercial business of collecting and/or hauling residential waste within the City without first obtaining an exclusive franchise from the City Manager. The City Manager shall issue no more than one such exclusive franchise. The exclusive residential waste collection franchise shall be granted only through a competitive bidding process via bid specifications provided by the City Manager.
(2) No person shall contract or employ a person or commercial entity not selected by the City Manager as the exclusive franchisee to collect his or her residential waste. No person or commercial entity not selected by the City Manager as the exclusive franchisee under this section shall engage in the business of collecting residential waste within the City. A violation of either of these prohibitions shall be punished as set forth in Section 1060.99. It is a defense to a charge under either prohibition contained in this division (c)(2) that the commercial entity possessing the exclusive franchise awarded by the City was unwilling or unable to collect trash items of unusual size or shape in a timely manner.
(d) Insurance Requirements.
(1) No commercial and/or industrial waste collection license shall be issued, and no exclusive franchise agreement entered into, until the owner of vehicles used for the collection of commercial, industrial and/or residential waste files with the City Manager a policy or policies of insurance issued by an insurance company or companies duly licensed to transact business in the State of Ohio, insuring within the amount specified in such policy, against loss from liability imposed by law for damages on account of bodily injuries or death and for damage to property resulting from such ownership, maintenance, use or operation of such vehicles in the City, and agreeing to pay any judgment credited to the extent of the respective amounts, specified in such policy, the amount of any final judgment rendered against the insured or operator by reason of such liability. The limits of any such insurance policy of such liability of the insured shall be not less than five hundred thousand dollars ($500,000) for bodily injuries to or death of one person, and one million dollars ($1,000,000) on account of any one accident resulting in injuries to and/or death of more than one person; and fifty thousand dollars ($50,000) on account of damage to property in any one accident. Such policy or policies shall remain in effect for at least the same period of time as the City issued commercial and/or industrial waste collection and hauling license, and the period of the exclusive franchise agreement to collect and haul away residential waste.
(2) If such policy or policies lapses during the time period covered by the City- issued license or exclusive franchise agreement, the City shall immediately notify the holder of such license or exclusive franchise agreement of such lapse, and afford such person or commercial entity 30 days to come into compliance. Failure to come into compliance with the insurance provisions of this section within the 30-day notice period shall result in the immediate termination of the issued person's or commercial entity's commercial and/or industrial waste collection license or exclusive franchise agreement to collect residential waste.
(e) Compliance with Worker's Compensation.
(1) All applicants for a commercial and/or industrial waste collection license, or exclusive residential waste franchise agreement shall provide proof of compliance with the workers' compensation laws of the State of Ohio, and with all applicable Federal, State, County and local health regulations, rules or laws.
(2) If the person or commercial entity that has been issued a commercial and/or industrial waste collection license or exclusive franchise agreement under this chapter fails to maintain compliance with the workers' compensation laws of the State of Ohio, and with all applicable Federal, State, County, and local health regulations, rules and laws, the City shall immediately notify the holder of such license or exclusive franchise agreement of such lapse, and afford such person or commercial entity 30 days to come into compliance. Failure to come into compliance with the workers' compensation laws of the State of Ohio, and with all applicable Federal, State, County, and local health regulations, rules and laws within the 30-day notice period shall result in the immediate termination of the issued person's or commercial entity's commercial and/or industrial waste collection license or exclusive franchise agreement to collect residential waste.
(Ord. 2443. Passed 2-13-95; Ord. 2799. Passed 7-4-03.)