(a) Grant of franchise. The town can grant revocable and non-exclusive or exclusive franchises to operate recycling, collection, removal, or disposal of solid waste material, construction and demolition debris, or recyclable materials in the town, and in, under, over, along, across or upon the public rights-of-way within the town. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders.
(b) Event of conflict. In the event of conflict between the terms and conditions of this code and the franchise, the franchise agreement shall control. In all events, the franchisee shall comply with all laws, ordinances and regulations enacted by the town pursuant to its lawful police and regulatory powers as authorized by law.
(c) General code provisions. Any franchise granted by the town is hereby made subject to the general code provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes of the town regarding permits, taxes, fees to be paid, or manner of construction.
(d) Term of franchise. The term of the franchise shall commence upon execution of the franchise by the town and the franchisee, unless otherwise provided in the franchise agreement, shall continue for a period specified in the franchise, unless sooner terminated as provided herein or in the franchise agreement.
(e) Franchise required. No person operating a business for the recycling, collection, removal, or disposal of solid waste material, construction and demolition debris, or recyclable materials in the town, shall operate said business nor use the public rights-of-way without a franchise.
(f) Time is of the essence to this code. Whenever the code shall set forth any time for any act to be performed by or on behalf of the franchisee, such time shall be deemed to be of the essence, and any failure of the franchisee to perform within the time allotted shall be sufficient ground for the town to invoke any applicable provision of the code and franchise agreement.
(g) No waiver of rights. No course of dealing between the franchisee and the town nor any delay on the part of the town in exercising any rights hereunder shall operate as a waiver of any such rights of the town or acquiescence in the actions of the franchisee in contravention of the town's rights, except to the extent expressly waived by the town or expressly provided for in the franchise.
(Ord. 98-01, passed 2-18-98)