Loading...
As used in this Article, the term "solid waste hauler" means any person engaged in the business of removing and disposing of garbage, market waste, community waste, bulky waste, construction and demolition waste, or other solid waste, as defined in Title 12, Chapter 1 of this Code.
(1979 Code § 8.08.010; amd. 1999 Code)
No person shall operate as or conduct the business of a solid waste hauler without obtaining a business license therefor from the City. No such license shall be issued until after the permits required in this Article have been issued for each of the vehicles to be used by the applicant.
(1979 Code § 8.08.020; amd. 1999 Code)
In the event any holder of a solid waste hauler's license fails to comply with all applicable laws, ordinances and regulations regarding the hauling of solid waste, the City may revoke such license or suspend the same until the solid waste hauler complies with said laws, ordinances and regulations.
(1979 Code § 8.08.030; amd. 1999 Code)
A. Design: Every solid waste hauler must have possession of one or more trucks or other adequate vehicles having a completely enclosed van-type body so designed and constructed as to prevent the escape of any waste or materials placed or transported therein. The body thereof shall be constructed or lined with metal or other impervious material to facilitate easy and complete cleaning. The vehicle shall at all times comply with all applicable laws, ordinances and regulations to entitle it to operate upon the public highways.
(1979 Code § 8.08.040; amd. 1999 Code)
B. Permit:
1. Required; Inspection: Every vehicle used by a solid waste hauler to haul garbage, refuse, rubbish, etc., shall be inspected each year by the Police Department and the County Health Department. A permit for the use of such vehicle to haul garbage and refuse shall be issued only if the officials conducting the inspection certify jointly that the vehicle complies with all the applicable provisions of this Article and Title 12, Chapters 3 and 6 of this Code. Permits shall be numbered and a separate permit shall be issued for each vehicle.
(1979 Code § 8.08.050; amd. 1999 Code)
2. Renewal: Permits issued for use of a vehicle in the business of solid waste hauling must be renewed annually.
(1979 Code § 8.08.060; amd. 1999 Code)
3. Revocation: If any vehicle for which a solid waste hauler's permit has been issued ceases to meet the requirements of this Article and Title 12, Chapters 3 and 6 of this Code, or any other ordinance, statute, or State or Federal rule or regulation regarding the hauling of solid waste, the City may revoke said permit in the same manner as provided for revocation of license under Article 1C of this Title.
(1979 Code § 8.08.070; amd. 1999 Code)
C. Identification: Every vehicle used in the business of hauling solid waste for which a permit has been issued shall have clearly and legibly painted or otherwise prominently displayed on each side in letters not less than three inches (3") in height the words "solid waste hauler", the name of the licensee and the permit number issued for that vehicle.
(1979 Code § 8.08.080; amd. 1999 Code)
D. Maintenance And Operation: All vehicles used by solid waste haulers shall be kept in good condition as required by law. The bodies shall be frequently washed and kept clean, and no solid waste shall be allowed to accumulate therein. Whenever any such vehicle is being used for the transportation of any solid waste in the City, it shall be securely closed. Such vehicle shall be so loaded and operated that no solid waste of any kind shall escape therefrom.
(1979 Code § 8.08.090; amd. 1999 Code)
ARTICLE D. TOWING SERVICES
SECTION:
5-8D-1: Legislative Findings; Purpose
5-8D-2: Definitions
5-8D-3: Towing Notice Requirements; Illegal Towing
5-8D-4: Nonconsensual Removal Of Vehicle From Private Property
5-8D-5: Request For Nonconsensual Removal Of Vehicle From Parking Facility
5-8D-6: Impound Yards
5-8D-7: Signs
5-8D-8: Duty Of Vehicle Owner
5-8D-9: Duties Of Towing Operator Or Booting Company
5-8D-10: Financial Interest Of Property Owner And Towing Operators
5-8D-11: Revocation Of License
5-8D-12: Towing Authorization
5-8D-13: Exclusion
5-8D-14: Penalties
The Ogden City council makes the following findings:
A. Existing practices associated with providing notice to vehicle owners and drivers that their vehicle may be towed from private property are inconsistent from property to property.
B. Parking disputes involve two (2) competing private property rights which should be balanced: the property rights of the landowner and of the vehicle owner.
C. Remedies available to an owner of real property exist at law for trespass damages. Removal and retention of another's vehicle for a transitory trespass and holding another's vehicle as security for payment of a disputed debt without aid of court order or judgment, are extraordinary self-help remedies. Use of such extraordinary self-help remedies should be limited to circumstances where unequivocal notice is given and reasonable and timely means of vehicle recovery are provided.
D. The inconvenience and cost to owners and drivers of vehicles that are towed from private property without the vehicle owner's or operator's consent is significant, especially when such removal can frequently be avoided with more consistent notice procedures.
E. Owners of private property should have the ability to adequately control access to, and use of their on site parking by members of the general public.
F. It is in the best interest of vehicle owners and operators and private property owners for uniform standards to be in place throughout the city to control the nonconsensual removal of vehicles from private property.
G. Owners and operators of vehicles that have been nonconsensually removed from private property should be treated fairly so that they can retrieve their vehicle promptly.
H. Current ordinances have proven inadequate to deal with problems posed by nonconsensual towing from private property.
I. The purpose of this article is to standardize notice requirements prior to a nonconsensual vehicle removal from private property, to balance the interests of vehicle owners and operators with the interests of private property owners, and to provide methods whereby towing and booting services are performed in a way that protects the interests of the public.
(Ord. 2016-35, 6-21-2016)
As used in this article, the following terms shall have the designated meanings:
BOOTING SERVICE: The use by a person, association, company or other entity of a mechanical device attached to the wheel of a vehicle to immobilize or restrict the movement of the vehicle from private property.
CONTROLLED LOT: A parking facility that utilizes one or more of the following methods to control each public access to the facility and regulate the use of all of the individual parking spaces at the time a vehicle enters the facility:
A. A system with a physical barrier around the perimeter of the facility, including across each entry or exit to the facility that is not controlled by an arm, door or attendant, and:
1. A permanent physical feature, such as an operating arm or door that raises and lowers, that allows entry or exit of a vehicle to the facility and with or without a system that distributes tickets for public use; or
2. A booth or barrier staffed by an attendant at each entry or exit to the facility; or
B. A system with or without an on site payment system and with:
1. A physical barrier around the perimeter of the facility, not including openings for vehicle entry and exit;
2. A numbering system where each parking space is designated with a number, letter, or combination of numbers and letters affixed to the ground at the entry of the parking space or, in the case of residential property with more than four (4) dwellings, such as an apartment complex, condominium complex or a planned unit development with private streets, affixed on a structure directly over the entry to a parking space; and
3. A maximum width of any opening in the perimeter barrier not exceeding forty two feet (42').
PARKING FACILITY: A portion of a lot or lots within the city that has been set aside and designated for the parking of vehicles by customers, employees, invitees or residents associated with the use of the lot or lots. A parking facility does not include vehicle parking associated with a single-family dwelling, duplex, or multiple-family dwelling with three (3) or four (4) units.
PARTIALLY CONTROLLED LOT: A parking facility in which access and use to some, but not all, of the parking spaces meets the definition of a "controlled lot".
TOWING OPERATOR: An individual, association, company or other entity that provides vehicle removal or transport services from private property to an impound yard for a fee, including through use of a tow truck, wrecker, trailer or other means of transportation.
TOWING SERVICE: The removal of a vehicle from private or public property by a towing operator, beginning with the act of mechanically connecting a tow truck to the vehicle and ending with the release of the vehicle to the owner or the delivery of the vehicle to an impound yard.
UNCONTROLLED LOT: A parking facility that is not a controlled or partially controlled lot.
(Ord. 2016-53, 10-27-2016)
Loading...