CHAPTER 5: GARBAGE COLLECTORS
Section
   4-5-1   Definitions
   4-5-2   Permit required
   4-5-3   Application for permit; fee; conditions for issuance
   4-5-4   Council approval for permit issuance
   4-5-5   Rates and charges subject to Council approval
   4-5-6   Operation with expired or terminated permit
   4-5-7   Rules and regulations adopted by Council
   4-5-8   Service adequate for town requirements
   4-5-9   Termination of permit
   4-5-10   Covered tank or truck for hauling
   4-5-11   Penalty
§ 4-5-1 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GARBAGE. Any and all kitchen refuse, rejected or waste foods, meats, fish, fowl, offal, carrion, swill, slop, or other refuse, accumulation of fruit, vegetable, or animal matter that attends the preparation, cooking of, or dealing in or storing of meats, fish, fowl, fruits, or vegetables, or anything whatsoever which will or may decompose and become foul, offensive, unsanitary, or dangerous to health.
   WASTE MATERIAL. Any and all rubbish, debris, ashes, cinders, tin cans, broken glass and earthenware, sweepings, papers, and other waste material other than GARBAGE as defined in this section.
(Prior Code, § 4-5-1)
§ 4-5-2 PERMIT REQUIRED.
   No person, firm, copartnership, or corporation shall collect garbage or waste material within the town for money or other compensation without first obtaining a permit therefor from the Town Council.
(Prior Code, § 4-5-2) Penalty, see § 4-5-11
§ 4-5-3 APPLICATION FOR PERMIT; FEE; CONDITIONS FOR ISSUANCE.
   (A)   Filing application. Any person desiring a license required by this chapter shall make application therefor to the Town Clerk-Treasurer.
   (B)   Payment of fee. Upon approval of the application by the Town Council, and after payment of the required fee, the Clerk-Treasurer shall issue a permit as requested. The fee shall be in the amount as set by resolution of the Town Council and the current fee schedule is available at the office of the Town Clerk-Treasurer. The collection of the hauler’s fee from residents of the town is the hauler’s responsibility and the Town Council shall not be held accountable therefor.
   (C)   Term of permit. The permit, once granted, shall be good until terminated by the town or the hauler, or until nonpayment of the annual fee by the hauler.
   (D)   Right to deny permit. The town reserves the right to deny a permit to any applicant.
   (E)   Number of permits. The town may issue an unlimited number of permits hereunder.
(Prior Code, § 4-5-3; Ord. 2024-01, passed 4-4-2024)
§ 4-5-4 COUNCIL APPROVAL FOR PERMIT ISSUANCE.
   Assignment of this permit shall be only upon approval of the Town Council.
(Prior Code, § 4-5-4)
§ 4-5-5 RATES AND CHARGES SUBJECT TO COUNCIL APPROVAL.
   (A)   All rates and charges for the services rendered under this chapter shall be subject to the prior approval of the Town Council.
   (B)   The current rates for each permittee/hauler shall be attached to their application and shall be approved with issuance of the permit until a future change in said rates by the hauler, which shall also be approved by the Town Council.
(Prior Code, § 4-5-5)
§ 4-5-6 OPERATION WITH EXPIRED OR TERMINATED PERMIT.
   It is unlawful for any hauler whose permit has been terminated or expired due to nonpayment to collect garbage, rubbish, or waste material within the town.
(Prior Code, § 4-5-6) Penalty, see § 4-5-11
§ 4-5-7 RULES AND REGULATIONS ADOPTED BY COUNCIL.
   The Town Council may from time to time adopt reasonable rules and regulations not inconsistent with this chapter nor federal or state rules and regulations, to govern the operation of private haulers and to promote the health, safety, and general welfare.
(Prior Code, § 4-5-7)
§ 4-5-8 SERVICE ADEQUATE FOR TOWN REQUIREMENTS.
   The service to be furnished by any of the haulers granted permits hereunder shall be adequate for the requirements of the town and its inhabitants, subject to accident, interference, or interruption beyond the reasonable control of the haulers, and shall be furnished under such reasonable rules and regulations as the hauler may make from time to time for the proper conduct of their respective businesses.
(Prior Code, § 4-5-8)
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