A. Licenses Required; Exemptions:
1. Required Licenses:
a. Hereinafter, it shall be unlawful for any person to collect, haul, solicit or buy any garbage, other refuse and/or recyclables from or to any place within the corporate limits of the city, other than his own residence or place of business, without first having obtained a license to do so, as hereinafter provided.
b. It is unlawful for any person or business to scavenge or otherwise collect garbage, other refuse, recyclables or yard waste at the curb or from recyclable containers without a license therefor from the city and an account relationship with the owner of the premises. (Ord. 264, 2-21-1989)
2. Exemption From Licenses: The license requirements of this subsection shall not apply to persons who haul recyclables, yard waste, or mixed municipal solid waste from their own residences or business properties; provided, that they are disposed of in an environmentally sound manner by meeting the following conditions:
a. Garbage is hauled in a timely manner such that it does not accumulate and become a "nuisance" as defined under chapter 1 of this title and by state and county laws.
b. Garbage is hauled in containers equipped with tight fitting covers and which are also watertight on all sides and the bottom.
c. Other refuse, recyclables and recyclable materials are hauled in a manner that prevents leakage or any possibility of a loss of cargo.
d. Garbage and other refuse is only dumped or unloaded at designated sanitary landfills, municipal solid waste composting facilities, resource recovery facilities, or other facilities authorized by Dakota County.
e. Recyclables and recyclable materials are only dumped or unloaded at a recycling facility, an organized recycling drive, or through licensed haulers.
f. Yard waste is privately composted, or is only dumped or unloaded at a composting facility authorized by Dakota County, or through a licensed hauler.
g. Items excluded in "mixed municipal solid waste" (as defined in section 4-2-2 of this chapter) shall be collected, processed and disposed of according to state and county laws. (Ord. 284, 5-19-1992)
B. Application For License: Any person desiring a license to collect garbage, other refuse and/or recyclable materials shall make application for the same to the city clerk upon a form prescribed and furnished by the city. (Ord. 264, 2-21-1989)
C. License Fee And Plate: The fee for each such license shall be as set by resolution of the city council. When a license is issued, the city shall furnish to the licensee for a charge equal to the city's cost a metal license plate for each vehicle to be used by such licensee within the city, which license plate shall be affixed to each such vehicle in a conspicuous place.
D. Issuance Of Licenses; Expiration; Renewals: All licenses shall be issued by the city clerk and shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. 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. Persons renewing their licenses after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. (Ord. 264, 2-21-1989; amd. 2003 Code)
E. Insurance Requirements: Any person holding a license hereunder shall file with the city clerk certificates of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the city. The contractor shall procure and maintain during the life of the license period, commercial general liability insurance covering personal injury including bodily injury and property damage liability with a combined single limit of no less than five hundred thousand dollars ($500,000.00) for each occurrence and aggregate. Said 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 of any of the agents or servants of such licensee, subject, however, to the limitations as to amount herein stated. No work shall be done under any license hereunder until said insurance certificates shall have been filed and approved by the city clerk.
F. Suspension Or Revocation Of License:
1. Grounds For Suspension Or Revocation: The city council may suspend or revoke the license of any person licensed under this chapter whose conduct is found to be in violation of the provisions of this chapter or whose work hereunder or vehicle or vehicles used in connection therewith are found to be improper or defective or so unsafe as to jeopardize life or property.
2. Notice And Hearing: The person holding such license 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 a license hereunder.
3. Revocation Upon Second Violation: When any person holding a license has been convicted for the second time 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. (Ord. 264, 2-21-1989)