943.03 COLLECTION AND DISPOSAL DEEMED A PUBLIC UTILITY.
   (a)   The business of collecting recyclable materials from residential dwelling units 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 persons 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 recyclable materials from residential dwelling units without authorization of City Council in the form of a franchise granted pursuant to Article 21 of the City Charter.
   (b)    Mandatory Subscriptions. The person or persons in charge of each residential dwelling unit in a residential building, as well as the owner of each multi-family building in the City, shall participate in the collection service of the City’s Recycling 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.
   (c)    Exceptions. Commercial, industrial, governmental and institutional establishments in the City may subscribe to any recycling collection service that is licensed by the Portage County Health Department or other authority with licensing jurisdiction. 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, except that collection rates specified for multifamily customers in the franchise agreement shall apply.
   (d)   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 recyclable materials awaiting collection by any hauler. (Ord. 2018-48. Passed 4-9-18.)