941.03 COLLECTION AND DISPOSAL DEEMED A PUBLIC UTILITY.
   The business of collecting solid waste placed within or adjacent to the public right-of-way (and private rights-of-way open to the public) by residential generators of such waste is hereby declared to be a public utility. The services provided by the City's Contractor in accordance with this chapter shall be rendered to all non-multifamily residential buildings upon the Subscriber's compliance with all City regulations pertaining to such utility. No person, firm, corporation or other entity shall engage in the business of collecting solid waste placed within or adjacent to the public right-of-way (and private rights-of-way open to the public) by residential generators of such waste without authorization of City Council in the form of a franchise granted pursuant to Article 21 of the City Charter.
   (a)    Mandatory Subscriptions. Residential generators shall subscribe to the solid waste collection service of the City's Contractor. Any person or persons in charge of a residential dwelling unit who allow or permit the adjacent tree lawn to be used for disposal of solid waste shall be deemed to have subscribed to the solid waste collection service of the City's Contractor. Subscribers will pay all lawful charges of the Contractor and comply with all lawful conditions and regulations of the Contractor, to the extent such conditions and regulations are provided for in the franchise agreement between the City and the Contractor, or are otherwise approved by the Director of Public Service.
   (b)    Exceptions. Commercial, industrial, governmental and institutional establishments in the City, as well as operators of multifamily buildings, shall subscribe to any trash, garbage and rubbish collection service that is licensed by the Portage County Health Department. Nothing in this section shall be construed to prohibit the City's Contractor from serving commercial, industrial, governmental, institutional or multifamily customers. Such service will not be subject to the City's franchise agreement with the Contractor.
   (c)   No commercial, industrial, governmental, institutional or multifamily establishment shall use the public right-of-way as a drop point, or as a place to deposit or store solid waste awaiting pick-up by any hauler.
      (Ord. 2016-84. Passed 6-27-16.)