(A) Exclusive right. The town, its duly authorized agent, servants, or employees, shall have the exclusive right to collect refuse within the town without limitation to the town's authorization of collectors by license, franchise, permit or contract. The town has received a variance from the State of Arizona through Maricopa County to collect refuse once a week and recyclables once a week.
(B) Licenses required.
(1) No person or entity may collect, transport, dispose or recycle residential refuse or recyclables generated or coming to exist within the town, except as otherwise expressly provided in this section, without having first obtained a commercial hauler license and town business license pursuant to the provisions of this section.
(2) The license(s) required by this section shall be in addition to any other licenses or permits required in order to engage in the business by either the town, the county or the state, and persons engaging in activities described in this section shall comply with all other ordinances and laws, including the town zoning laws, as may be required to engage in the business to be licensed. Failure of an applicant or licensee, as applicable, to meet the requirements of this section shall be grounds for denial or revocation of a license.
(C) Exceptions. No commercial hauler license shall be required under this section for existing haulers as to the following materials:
(1) Construction and demolition debris that is incidentally removed by a duly licensed construction or demolition contractor as part of a total service offered by such licensed company, and where the licensed company uses its own equipment and employees. The removal of any such construction or demolition debris shall be for the purpose of recycling and shall be in accordance with any licensing or permitting requirements established by the town and managed in a manner consistent with the municipal code(s) of the applicable member agency, which may require recycling a minimum amount of such materials. CONSTRUCTION AND DEMOLITION DEBRIS
means construction materials resulting from construction, remodeling, repair or demolition operations, as part of a total service offered by a duly licensed demolition company, including rocks, soil, tree remains, and other green waste which normally results from land clearing or land development operations for a construction project.
(2) Green waste removed from a premises by a gardening, landscaping or tree trimming company using its own equipment and employees as an incidental part of a total service offered by the company, as opposed to a hauling service. GREEN WASTE
means grass clippings, leaves, hedge trimmings, small branches and similar vegetative waste generated from a residence, but does not include stumps or similar bulky wood materials.
(3) Persons hauling their own bulk waste from their premises, and which is transported personally by the owner or occupant of such premises or by his or her employee(s) to any processing or disposal site.
(D) Commercial hauler license application. Every person applying for a license under this section shall file an application and any additional information required with the Town Clerk, which may be on a form(s) provided by the Town Clerk as approved by the Town Manager.
(E) Commercial hauler license fees.
(1) The following fees shall be paid with respect to commercial hauler licenses to defray the cost associated with the administration and enforcement of this section. All fees are non-refundable, non-transferrable and must be paid in full prior to issuance of any license.
(a) One-time application fees of $250.
(b) Annual license fee of $1,000.
(2) Annual license fees for a period of less than one year shall be prorated by calendar quarter, but shall be paid in full prior to any refuse collection, transportation or disposal services for which a license is required. Any portion of a quarter that exceeds 15 days shall constitute a quarter for purposes of this section. The annual license application fee shall not be prorated.
(F) Owners and occupants. Every person owning, occupying, or in control of a dwelling unit within the corporate town limits shall obtain garbage, trash, or refuse disposal services at the designated times and places set forth by the town or an authorized provider as provided in this section. All the provisions and general regulations of Title IX General Regulations that are not deemed to be in conflict with this section are hereby reiterated and in full force and effect.
(1) Exemption from the requirements of this mandate may be granted upon written application to the town and approval of the Town Manager or designee if it can be reasonably demonstrated that the property is vacant, unoccupied, and not receiving any utility services.
(2) Nothing in this division shall be interpreted to prohibit a person or owner from contracting with a licensed solid waste contractor for the collection of horse manure, other animal, hazardous, bulk waste or materials, or for self collection to a properly licensed facility for collection.
(3) Residential garbage, trash, or refuse disposal service shall not be suspended to any dwelling unit in the town unless all utility services have been discontinued.
(4) In the event of non-payment of said garbage services, the town may terminate water and/or waste collection until the delinquency is paid in full or appropriate payment arrangements are made with the town, and proceed to notify and remove any garbage, refuse, or trash pursuant to the provisions of Chapter 94 as set forth.
(5) Any violation of this division shall be subject to the penalties contained in § 93.99.
(G) Violations. It shall be unlawful for any person to permit or to suffer to accumulate refuse or recyclables in or about the yard, lot, place or premises, or upon any street, alley or sidewalk adjacent thereto, to be or to remain in such condition as to create a nuisance or offensive odor or atmosphere, or thereby to be or become, or cause or create a public nuisance.
(1996 Code, § 8.08.030) (Ord. 112, passed - -1983; Ord. 11-06, passed 6-28-2011; Ord. 13-02, passed 4-9-2013; Ord. 18-04, passed 11-27-2018)