A. State And City Licenses Required: No person, firm or corporation shall engage in the business of spraying trees, plants, land or buildings with poison chemicals or mixtures thereof, such as insecticides, herbicides, or fungicides within the city, unless and until such person, firm or corporation has applied for and obtained from the state board of agriculture a license to engage in such business and has obtained from the city a city license to conduct the business within the city.
B. Annual City Fee: No license will be issued by the city until the applicant pays to the city a license fee as set by the council by motion or resolution. Such license fee shall expire on December 31 of each year following the date of issuance. The full annual fee shall be paid in advance and no license shall be issued for less than a full annual fee. (2000 Code § 9-501)
Before the issuance of any license for any person, firm or corporation engaging in the business of spraying as provided herein, he shall file a surety bond with the city in the sum of one thousand dollars ($1,000.00) payable to the city and conditioned that the principal will at all times do all spraying strictly in accordance to the provisions of this chapter, that all work will be done in a good and workmanlike manner, that the city shall be fully indemnified and held whole and harmless from any and all cost, expense or damage to real property, or personal injury done to any person or property in the prosecution of his work as such sprayer that may arise out of or be occasioned in the performance of the work and that he will cause all property damaged by him to be repaired and put in the same condition as it was before the work was done. No license shall be issued to any sprayer until such bond has been filed and approved by the mayor and city council. (2000 Code § 9-502)
A. Insurance Requirements: Before any license shall be issued for a sprayer, as defined in this chapter, he shall file with the city, to be approved by the mayor and city council, an insurance policy for an indemnity fund as hereafter provided; and an insurance policy issued by any insurance company licensed to do business in the state, providing public liability insurance for each and every operation or job performed by the sprayer in the sum of:
1. Fifty thousand dollars ($50,000.00) for the injury or death of any person;
2. One hundred thousand dollars ($100,000.00) for the injury or death of any number of persons in any one accident growing out of the work of the sprayer; and
3. Coverage of at least fifty thousand dollars ($50,000.00) for the property damage in any one accident.
B. Policy Conditions; Cancellation: The policy shall further provide that it cannot be cancelled until at least ten (10) days' written notice of such cancellation has been given to the city, and the policy shall carry an endorsement of actual notice to the city for any change therein, the policy to be approved by the city manager. The policy shall be approved as to form by the city attorney. The policy shall be made for the use, benefit and protection of the city, and for the use, benefit and protection of any person who may suffer injury either to his person or property by reason of any accident or omission or negligence of any sprayer. Such policy must be approved by the city manager, and if approved, to remain in full force and effect during the life of such license issued. If after the approval of such policy and after the issuance of the license, such policy is allowed to lapse or is not renewed by the payment of premiums, the city manager may cancel any license issued under the provision of this chapter, and after notice to the licensee and after an opportunity to be heard. The cancellation of any policy shall in no way affect or terminate any liability arising prior to the effective date of cancellation. (2000 Code § 9-503; amd. Ord. 1073, 3-11-2008, eff. 4-10-2008)
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