945.07 FRANCHISE REQUIRED.
   (a)   No person shall transport for a fee any garbage, rubbish or other waste material collected from other persons within the City limits through the streets or alleys of the City unless Council has by ordinance granted specifically to that person a franchise for hauling of garbage, rubbish and other waste materials.
   (b)   Council hereby declares that the hauling of garbage, rubbish and other waste materials is a public utility for purposes of Section 4 of Article XVIII of the Ohio Constitution.
   (c)   The City desires fully to control hauling of garbage, rubbish and other waste materials within the City in order to assure the adequacy of collection, transportation and disposal of such garbage, rubbish and other waste materials.
   (d)   The City may grant franchises for the hauling of garbage, rubbish and other waste materials only to itself and to any other individual, entity or corporation which makes application for a franchise and has such application accepted by and approved by the City. The costs of a franchise granted pursuant to this section shall be based on the total of cubic yardage hauled in a calendar year as determined by the capacity of containers and frequency of dumping of the containers placed within the City as follows:
      $2,000.00 for 1 to 2,000 cubic yards annually;
      $5,000.00 for 2,001 to 10,000 cubic yards annually;
      $7,500.00 for 10,001 to 20,000 cubic yards annually;
      $10,000.00 for 20,001 to unlimited annually.
   (e)   Franchise fees shall be paid in advance at the time a franchise is granted by the City and shall be pro-rated based upon the remaining days of the calendar year during which the franchise is first granted and in full on or before January 1 of each year thereafter. Except for a grant of a franchise for greater than 20,001 cubic yards, each Franchisee shall file quarterly with the Service-Safety Director on April 1, June 1, October 1 and January 1 (or the first business day thereafter) a statement of the number and size of each container placed in the City at any time during the prior three months and provide the dates each container was dumped. Franchise fees shall be adjusted based upon the quarterly statements however no refunds shall be granted based upon less usage than estimated. Failure to file quarterly statements as required herein shall result in suspension or revoation of the franchise in accordance with subsection 945.07(f).
   (f)   Once granted, a franchise for the hauling of garbage, rubbish or other waste material may be revoked by ordinance or resolution adopted in the ususal manner provided by statute.
   (g)   Hours of operation for transporting, hauling or dumping containers within the City shall be between 6:00 a.m. and 9:00 p.m.
(Ord. 05-22. Passed 2-28-22.)