EDITOR'S NOTE: Resolution 67-1993, passed July 19, 1993, as amended, approved and ratified the Summit-Akron Solid Waste Management District Solid Waste Management Plan. Resolution 71-1999, passed October 25, 1999, approved the Summit/Akron Solid Waste Management Authority Triennial Plan. Resolution 68-1993, passed July 19, 1993, approved the establishment of the Summit-Akron Solid Waste Management Authority and established the Summit-Akron Solid Waste Management Authority Board of Trustees. Copies of these resolutions and Plans may be obtained, at cost, from the Clerk of Council.
1060.01 Collection, hauling and disposal; license required; expiration date; fee; penalty.
1060.02 Time of collection as a condition of license.
1060.03 Sanitary collection as condition of license.
1060.04 Insurance as condition of license.
1060.05 License revocation.
1060.06 Spilling or scattering of contents prohibited.
1060.07 Recycling program.
1060.08 Application of chapter.
1060.99 Penalty.
CROSS REFERENCES
Collection and disposal of garbage - see Ohio R.C. 715.43, 717.01
Employment of scavengers - see Ohio R.C. 3707.39
Littering from motor vehicles - see TRAF. 432.42
Vehicle loads dropping, sifting or leaking - see TRAF. 440.06
Littering generally - see GEN. OFF. 660.03
Filthy accumulations - see GEN. OFF. 660.04
(a) No person or entity shall engage in the business of collecting, hauling and/or disposing of any garbage, rubbish or refuse within the City unless he or she first obtains a license for each vehicle operated from the Chief of Police. All licenses shall expire on December 31 of the year of issuance. The fee for such license shall be fifty-five dollars ($55.00) per collection vehicle per year; each and every collection vehicle used by the person or entity shall have its own license. The City shall have full power and authority to enter into an exclusive agreement with a waste hauler under which the waste hauler will be the sole, exclusive company for the collection and removal of residential recyclables, refuse and waste materials in the City, or a license agreement under which individual citizens will be allowed to opt-out of the single waste hauler program, as determined by Council. Upon execution of an exclusive agreement with a waste hauler by the City, the existence of that agreement shall be proper basis, in the sole discretion of the City, to deny a permit to any other waste hauler applying for a permit under this chapter.
(b) All fees for a license shall be collected by the Chief of Police before the issuance of such license and shall be subject to an increase of 200 percent if the collecting, hauling and/or disposing of any garbage, rubbish or refuse for which the license is required is commenced before the license is issued or before written consent of the Chief of Police is procured.
(c) Nothing in this section shall be construed to repeal or modify any other section of any other ordinance providing for penalties, and the penalty provided herein shall be in addition to any other such penalty.
(Ord. 47-1990. Passed 5-29-90; Ord. 70-2002. Passed 10-28-02; Ord. 36-2005. Passed 5-9-05; Ord. 101-2008. Passed 11-24-08.)
A condition of any license issued under this chapter shall be that the licensee agrees to collect, transport and dispose of any garbage, rubbish or refuse during only those hours after 7:00 a.m. and before 6:00 p.m., and that three violations of this requirement in any 12-month period shall be grounds for the revocation of the license.
(Ord. 35-2008. Passed 4-14-08; Am. Ord. 85-2017. Passed 11-13-17.)
A condition of any license issued under this chapter shall be that the licensee agrees to collect, transport and dispose of any garbage, rubbish or refuse in a sanitary manner so as not to create a nuisance.
(Ord. 92-1973. Passed 12-18-73; Ord. 35-2008. Passed 4-14-08.)
A condition of any license issued under this chapter shall be a certificate of insurance issued in favor of the City for a policy of liability insurance issued for the life of the license applied for or longer and filed with the Chief of Police by a responsible insurance company approved to do business in the State, such insurance being approved as to sufficiency by the Director of Public Safety and as to legality by the Solicitor. Such insurance shall provide financial protection for the licensee and the City against losses resulting from the operation of each motor vehicle used or owned by the licensee or his or her agents in the collecting, hauling and/or disposing of any garbage, rubbish or refuse within the City, to the extent of one hundred thousand dollars ($100,000) on account of injury or death of one person in any one accident, three hundred thousand dollars ($300,000) on account of injury or death of more than one person in any one accident and twenty-five thousand dollars ($25,000) for property damage caused in any one accident. Such insurance policy shall indemnify the City against any actions at law or suits in equity, including, but not limited to, all attorney fees and court costs, which may be brought against the licensee or the City, arising out of any and all activities of the licensee. Effective January 1, 1998, such policy of insurance shall have liability limits of one million dollars ($1,000,000) on account of injury or death of one person in any one accident, two million dollars ($2,000,000) on account of injury or death of more than one person in any one accident and five hundred thousand dollars ($500,000) for property damage caused in any one accident.
(Ord. 31-1997. Passed 5-12-97; Ord. 35-2008. Passed 4-14-08.)
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