A. License Required; Exemptions:
1. Within the city, no person shall engage in collection of construction debris, recyclable materials, or mixed municipal solid waste, including garbage, rubbish, yard waste, industrial solid waste, and refuse, without first securing a license from the city council.
2. The license requirements of this chapter shall not apply to persons who haul mixed municipal solid waste, construction debris, or recyclables from their own residences or business properties, provided that the following conditions are met:
a. Mixed municipal solid waste is hauled in containers equipped with tightfitting covers and which are also watertight on all sides and the bottom.
b. Mixed municipal solid waste, construction debris, and recyclable materials are hauled in a manner that prevents leakage or any possibility of a loss of cargo.
c. Mixed municipal solid waste and construction debris are only dumped or unloaded at designated sanitary landfills, demolition landfills, or other facilities authorized by the county.
d. Recyclable material is only dumped or unloaded at a recycling facility, an organized recycling drive, or through licensed collectors.
e. Yard waste is privately composted, or is only dumped or unloaded at a composting facility authorized by the county, or through a licensed collector.
B. Application For License: Any person desiring a license under this chapter shall make application for the same to the clerk upon a form prescribed by the council. The application will contain the following information:
1. The name, business name, current business address, and business telephone number of the applicant;
2. A list of the equipment proposed to be used in the collection, including information about the number, type, license number, and capacity of the collection vehicles and equipment to be used in the city;
3. a. A brief description of the services to be rendered, including a brief description of how the applicant will comply with subsection 8-6-4D1a of this chapter, and any other special collections made by the collector including, but not limited to:
(1) Separate collection of yard waste; and
(2) Collection of recyclable materials on the Designated List of Recyclables;
b. The collector shall state if collections are made from a residential unit and/or multi-unit residential buildings;
4. The place or places to which mixed municipal solid waste and/or recyclable materials are to be hauled;
5. Information about the location and method of storage of collected recyclable material; and
6. A general description of the applicant's service area. This description need not include information about the specific customers.
C. License Fee; Display Of License:
1. Before any license may be issued, the applicant shall pay to the clerk a license fee established by resolution of the city council.
2. When a license is issued, the city shall furnish a license tab to the licensee for a charge established by resolution of the city council per license for each vehicle to be used by such licensee within the city, which license tab shall be affixed to each such vehicle in a conspicuous place.
D. Insurance Required:
1. An applicant must obtain all of the insurance required by this subsection and any other insurance as required by local, state or federal law. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to approval by the city and shall be maintained by the licensee during the term of the license. No work under the license shall be commenced until the requirements of this subsection have been satisfied.
2. Before any license may be granted, the applicant shall deposit with the city clerk proof of the public liability and property damage insurance required in this subsection. The public liability and property damage insurance policies shall remain and be in force and effect during the entire term of said license and shall contain a provision that they shall not be canceled without ten (10) days' written notice to the city. Public liability insurance shall not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00) for each accident or mishap. The policies of insurance shall further provide for indemnity and security to the city against any liability and/or responsibility for the acts, actions or omissions of the licensee or any of the agents or servants of such licensee, subject, however, to the limitations as to the amounts herein stated. No work shall be done under any license hereunder until the insurance policies shall have been filed and approved by the City Clerk.
E. Term Of License; Expiration; Renewals; Number Of Licenses And Eligibility:
1. All licenses shall be for a period of one year beginning on May 1 and expiring on April 30 of each year. If the license is granted for less than an entire calendar year, the license fee shall be prorated accordingly, with more than fifteen (15) days to be considered a full month and less than fifteen (15) days disregarded in such prorating. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this chapter.
2. Persons renewing their license after the expiration date shall be charged the full annual fee. No prorated license fee shall be allowed for renewals.
3. No more than seventeen (17) licenses shall be issued in any license year. Persons eligible to obtain a license are only the following:
a. Those persons that held a license on September 1, 2016; and
b. Those license transferees approved under section 3-2-8 of this code to whom a license was transferred from a person that held a license on September 1, 2016.
F. Revocation Or Suspension Of License:
1. Grounds For Revocation Or Suspension: The city council may suspend or revoke the license of any person licensed under this chapter upon any of the following events occurring:
a. The licensee is found to be in violation of any of the provisions of this chapter;
b. Grounds exist under section 3-2-10 of this code;
c. Any of the vehicles used by the licensee are defective or so unsafe so as to jeopardize person or property.
2. Council Action: The city council may suspend or revoke a license for any of the occurrences identified in subsection F.1. of this section. The licensee shall be given ten (10) days' notice in writing of such complaint and shall be granted the opportunity to be heard before such action is taken. Notice hereunder shall be deemed sufficient if it is sent to the address of the licensee as shown on the most recent application for license hereunder.
When any person holding a license has been convicted for the second time within a five (5) year period by a court of competent jurisdiction for violation of any of the provisions of this chapter, the council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one year. (1974 Code §§ 610.03, 610.05 and 610.07; amd. 2008 Code; Ord. 1324, 10-10-2016; Ord. 1394, 12-14-2020; Ord. 1409, 4-26-2021)