Council prescribes the following regulations to carry into effect the intent of this chapter:
(a) Each collector shall certify under oath the names of all customers or homes together with the addresses being serviced and the charges being made for such services.
(b) This list shall be forwarded to the Mayor who must confirm the same as to proper charges and the Mayor shall forward such list to the Clerk-Treasurer who shall audit the list to determine its accuracy.
(c) The Village reserves the right to inspect all lists being maintained by licensed collectors.
(d) Payment for such services shall be paid on a monthly or quarterly basis.
(e) It is understood that the Village assumes no obligation whatsoever; the Village shall be held harmless against any claims whatsoever, either for personal or property damage arising out of such collections and the Village does not guarantee the payment of any account.
(Ord. 2370. Passed 6-10-87.)
(f) During the term of any license period, no increases shall be made by the licensed collectors, without the legislative approval of Council. Such legislative approval must be in the form of an ordinance.
(Ord. 2399. Passed 4-13-88.)
(g) If any licensee does not comply with the regulations set out by the Village, then the licensee's license shall be revoked or suspended.
(h) In the interpretation of this chapter, the following words and phrases, unless the context shows another sense to be intended, shall have the following meanings:
(1) "Garbage", "offal" or other "refuse matter" consists of every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowls, birds, fruits or vegetables, but does not include fish water or waste matter.
(2) "Rubbish" consists of wood, leaves, grass cuttings, weeds, dead trees, or the branches thereof, chips, shavings, sawdust, woodenware, dodgers, printed matter, paper, pasteboard, brass, rags, straw, boots, shoes, hats and all other combustible matter, not included in this section under the term "garbage" as defined in subsection (1) hereof.
(3) "Waste matter" consists of natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, brickbats, plaster, Portland cement, crockery, queensware, glass, glassware, ashes, cinders, shells, metals and all other noncombustible materials.
(4) "Commercial or industrial garbage or waste" means all industrial garbage or waste capable of incineration or burning that accumulates in, upon or about the land and buildings appurtenant to the business and activities of breweries, wholesale produce and grocery dealers, meat packing and meat wholesale dealers and fat rendering and hide processing plants.
(i) The Mayor and Village Administrator are authorized, empowered and directed to issue licenses for the collection of garbage and rubbish throughout the Village. The Village reserves the right and privilege to maintain a Rubbish and Garbage Collection Department which Department shall be inactive during such times as duly licensed collectors are operating, picking up and disposing of debris, trash, garbage and dry rubbish throughout the Village. The Village may enter into garbage and rubbish collection after the termination of all outstanding licenses which can take effect only after a thirty day written notice of termination.
(j) The Mayor and Village Administrator are empowered and directed to license garbage and rubbish collectors for the removal of garbage and rubbish in the Village and to require such collectors to give bond and to abide by the following regulations to wit:
All individuals, companies, partnerships or corporations must meet the following regulations:
(1) All must show ownership or have a notarized statement from an equipment company that he will put into effect suitable equipment purchased, being purchased or leased conforming to this specification. All equipment utilized shall be cleaned at sufficient frequencies to prevent odor, nuisance or insect breeding and shall be maintained in good order. The Village Administrator shall make periodic checks on such vehicles. Such equipment must be of the packer type with all steel enclosed boxes and must be watertight. The person must show the number of trucks he will use.
(2) All collectors of garbage and rubbish must assume the full responsibility of disposal of garbage and rubbish. Charges for license fees for garbage and rubbish collection shall be two hundred fifty dollars ($250.00) per calendar year or part thereof. The first calendar years shall end on December 31, 1986. Such license as issued shall be subject to revocation in the event such collector violates any of the regulations. Notice of revocation must be served upon the licensee or collector in writing five days prior to revocation. Such collector or licensee shall have the right to have a hearing on any matter which is the cause for his license revocation. Such hearing shall be conducted by the Mayor and the Village Administrator.
(3) Garbage must be picked up from all homes contracted in the Village on one of two designated days specified by the Village Administrator per week. Rubbish must be picked up at least once every ten days or in accordance with the schedule or agreement made between the collector and the resident.
(4) Collectors entering into contracts with commercial or industrial business places in Lowellville must be able to furnish containers if such containers are required and such collectors must be able to service such containers daily, if necessary. Such containers must be portable, with a minimum capacity of one to twenty cubic yards, all steel welded construction, watertight doors or lids of such construction as to make the containers vermin proof. Such containers shall be maintained and kept closed.
(5) Collections must be made between the hours of 6:00 a.m. and 7:00 p.m.; no collections on Sunday except in case of an emergency in which instance collection may be made at the direction of the Mayor and Village Administrator.
(6) Individual or company must carry property damage and public liability insurance so as to free the Village from any liability. This insurance must be in the minimum amount of one hundred thousand dollars ($100,000) and certificate of insurance must be deposited with the Village.
(7) Individual or company must file charges made for collection with the Village Administrator and cannot make changes without the consent of the Village Administrator. Prepaid charges shall not be made for a period longer than three months.
(8) These regulations will be enforced by the Village Administrator of the Village.
(9) All license holders shall make their own collections.
(10) Licenses shall be issued by the Mayor and Village Administrator of the Village upon payment of the license fee as provided in subsection (b) hereof.
(11) A bond of five hundred dollars ($500.00) shall be furnished for faithful performance of regulations.
(k) No person, firm, partnership or corporation except the duly authorized and rubbish collectors shall use the streets of the Village for the purpose of collecting, transporting or disposing of any garbage and rubbish or refuse.
(l) As part of the license issued annually, each firm, corporation, association or individual shall grant the Village and its customers one free day collection which collection shall be carried out by each licensed operator giving it or their customers proper notice as to the date and hours of collection. This one day pickup shall take place on the first Saturday of May of any given year. All pickups shall take place at the curb.
Each license issued after the effective date of this section shall spell out and define the intentions of this section.
(m) Regulations:
(1) Each collector shall certify under oath the names of all customers or homes together with addresses being serviced and the charges being made for such service.
(2) This list shall be forwarded to the Village Administrator who must confirm the same as to proper charges and the Village Administrator shall forward the list to the Clerk Treasurer who shall audit the list and determine its accuracy.
(3) Village reserves the right to inspect all lists being maintained by licensed collectors.
(4) Payment shall be made either on a monthly or quarterly basis.
(5) It is understood that the Village assumes no obligation whatsoever; the Village shall be held harmless against any claims whatsoever either for personal or property damage arising out of such collections and the Village does not guarantee the payment of any account.
(6) During the term of any license period, no increases shall be made by the licensed collectors.
(n) Whoever violates any provisions of this chapter shall be fined not more than one hundred dollars ($100.00) for the first offense, and for the second or subsequent offense not more than two hundred fifty dollars ($250.00). Each day's violation shall be considered a separate offense.
(Ord. 2370. Passed 6-10-87.)