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(a) No person, except duly authorized collectors of the City or waste haulers licensed by this chapter, shall engage in the business of collecting, removing, hauling or transporting any garbage, refuse, rubbish or other waste in the City.
(b) The following persons shall be exempt from the provisions of this chapter:
(1) Persons not primarily engaged in the business of hauling waste, but who haul waste only as an incidental part of their business.
(2) Persons engaged in the hauling of hazardous, nuclear or infectious waste holding necessary permits and licenses issued by appropriate state and federal regulatory agencies.
(Ord. 472-91. Passed 6-4-91.)
(a) License application.
(1) The application for a waste hauler license shall be made in writing upon blanks furnished by the Director of Finance. Each application for license shall include a filing fee of fifty dollars ($50.00) for the first vehicle, and ten dollars ($10.00) for each subsequent vehicle, which shall not be refundable and which shall be the annual license fee for the license. The license year shall commence on April 1 and shall expire on March 31.
(Ord. 152-05. Passed 3-22-05.)
(2) The applicant, at the time of filing the application, shall furnish a copy of the applicant's automobile insurance policy declaration page or a certificate of insurance thereof, by an insurance carrier licensed to do business in the State.
(3) Each applicant shall file with the Director a bond in the sum of one thousand dollars ($1,000). Such surety to the City shall be conditioned upon the faithful observance of the provisions of this and other applicable provisions of the Municipal Code. The principal (applicant) will perform such duties and collect and dispose of waste in strict compliance with all applicable existing ordinances, rules and regulations of the City.
A. Such bond shall further provide for payment to the City or all persons entitled thereto, for the cost and expense of removal and proper disposal of any waste collected by the applicant including restoration of property caused by disposal of waste by applicant that in the judgment of the Director is not in compliance with the Municipal Code and/or not disposed of in strict compliance with all applicable existing ordinances, rules and regulations of the City.
B. In lieu of a bond, the applicant may provide the City with an irrevocable letter of credit. The surety on such bond or the bank on such irrevocable letter of credit shall be approved by the Director as to sufficiency and shall be subject to the approval by the Director of Law as to form.
(4) The application shall contain the following business information of the applicant:
A. Name and address of the applicant. If the applicant is a corporation or an incorporated partnership, the name shown on the application shall be the name shown on the articles of incorporation.
B. Telephone number.
C. Whether the applicant has been convicted of a violation of Section 963.25 of the Streets, Utilities and Public Services Code and/or a violation of any provision of this Chapter 753.
D. If the applicant is an individual, social security number and date of birth.
E. Such other information as may be necessary to carry into effect the provisions of this chapter.
F. If the applicant is an individual, the application shall be signed by such individual, and if the applicant is a partnership, the application shall be signed by each individual composing such partnership. If the applicant is a corporation, the application shall be signed by the president thereof.
G. The application shall be verified under oath by the applicant.
(b) Qualifications of licensee.
Every licensee shall:
(1) Maintain insurance coverage, for the term of the license, for each vehicle used in hauling waste.
(2) Ensure that each employee who operates vehicles hauling waste in the licensee's employ possesses a valid operator's license.
(3) Not be licensed if, within one year preceding the date of application, the applicant has been convicted of a violation of Section 963.25 of the Streets, Utilities and Public Services Code and/or a violation of any provision of this Chapter 753.
(4) Each vehicle used in the business of hauling waste shall be maintained in compliance with Section 339.11 of the Traffic Code, and any applicable local, state or federal laws.
(c) Issuance of license.
The Director of Finance shall issue a license to an applicant who has met all the requirements of this chapter, and, as evidence hereof, shall issue a license plate for each vehicle bearing thereon an assigned waste collector's license number. The license plate shall be permanently affixed to the rear of each such vehicle used in hauling and shall be kept clean and clearly visible at all times.
(Ord. 472-91. Passed 6-4-91.)
(a) Any person collecting and hauling waste shall deposit such waste only at an approved disposal site.
(b) In any hearing on a charge of a violation of Section 963.25 of the Streets, Utilities and Public Services Code, testimony that a vehicle bearing a certain license plate issued pursuant to this chapter was found illegally dumping waste as provided by such section, and further testimony that the record of the Director of Finance shows that the license plate was issued to the defendant, shall be prima facie evidence that the act of illegally dumping waste was committed by the defendant.
(c) Any waste hauler who operates any type of motor vehicle in performing waste hauling services shall have affixed to such vehicle on the driver's side door, the name of the person who owns or leases such vehicle.
(d) Any person who hires another to perform waste hauling services shall hire only a waste hauler licensed pursuant to this chapter. Each licensed waste hauler shall provide a printed sequentially numbered receipt, invoice or contract to each customer for services performed identifying the name and license number of the waste hauler. Copies of these records shall be retained by the waste hauler for six months.
(Ord. 472-91. Passed 6-4-91.)
The Director of Finance is hereby empowered to determine the need for and to establish, enforce and rescind regulations necessary to make effective the provisions of this chapter. Such regulations, when established or rescinded, shall be published in the City Journal. Such regulations shall be promulgated to ensure a reasonable and efficient system of waste collection by waste haulers in the City.
(Ord. 472-91. Passed 6-4-91.)
The Director of Finance upon the recommendation of the Chief of Police, or as a result of his own investigation, may revoke the license issued pursuant to this chapter if he finds that the licensee has:
(a) Violated the provisions of this chapter;
(b) Made any false statements or misrepresentations in the application; or
(c) Violated Section 963.25 of the Streets, Utilities and Public Services Code;
(d) Failed to maintain in full force and effect the necessary bond and evidence of insurance as required by this chapter.
(Ord. 472-91. Passed 6-4-91.)
The Director of Finance shall notify the licensee of any revocation of his license, and shall require such person to turn in his waste hauler's license and license plate. Such notification shall be by registered mail directed to the last known address of the licensee on file with the Director of Finance.
(Ord. 472-91. Passed 6-4-91.)
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