Subject to the provisions of this chapter and any amendments thereto, exceptions contained in this section, the city hereby grants and renews the exclusive right, privilege and franchise to S&S Disposal, Inc., to provide solid waste management service upon the streets of the city, to residents and persons located within the city, and to operate a transfer, recycling or resource recovery facilities. Without the written consent of the city council, nothing in this chapter shall:
A. Prevent the officers of the city from employing persons and using vehicles for the purpose of collection and removal of solid wastes for the annual cleanup or for cleaning public rights of way.
B. Prohibit any person from transporting wastes produced by themselves if the loading and operation of the vehicle containing the solid waste or wastes prevents the contents from dropping, sifting, leaking or otherwise escaping onto public rights of way or property adjacent thereto, and if such wastes will be disposed of or resource recovered pursuant to all applicable laws, ordinances and regulations of federal, state or local government units having jurisdiction. Solid waste produced by a tenant, lessee, member, occupant or person other than the owner of the leased, occupied or licensed premises shall be considered to be produced by such tenant, lessee, member, occupant or person and shall not be collected or transported by the owner or manager of the facility being rented, leased or for which a membership benefit may accrue.
C. Prevent another person from transporting and disposing of hazardous wastes or, with permission of the franchisee, materials which by their size or weight cannot be handled in open trucks, packer trucks, front end loaders or roll-off box trucks supplied by the franchisee directly or through subcontract. Upon notice by a customer to the city of such unusual size or weight of materials, if the franchisee cannot provide the service, the franchisee shall waive the exclusive franchise with respect to these materials only. Such waiver shall be written and shall be filed with the city. The person in whose favor the waiver is granted shall obtain a permit from the city for such hauling and shall pay the same franchise fee as would have been required of the franchisee under section 8-4-5 of this chapter.
D. Prevent civic, benevolent or charitable organizations from providing recycling or reuse services as a fundraising drive or benefit, provided said organization is not organized or operated for any solid waste management purpose.
E. Prevent the collection, transportation or redemption of returnable beverage containers under Oregon Revised Statutes 459A, commonly known as the "bottle bill".
F. Prevent a generator, producer or source that transports and disposes of solid waste created as an incidental part of regularly carrying on the business of auto dismantling, to the extent licensed by Oregon law.
G. Prevent a person that transports and disposes of solid waste accumulated or created as an incidental part of regularly carrying on the business of janitorial services. As used in this subsection, "the business of janitorial services" does not include a business that primarily or solely transports and disposes of solid waste accumulated, created, generated or produced by a property owner or occupants.
H. Prevent any person from transporting and disposing of solid waste created as an incidental part of regularly carrying on the business of gardening, tree trimming or landscaping.
I. Prevent any person or company from shredding or disposing of confidential documents. (Ord. 627-10, 9-21-2010)