(A) Definition. A COMMERCIAL HAULER, for the purposes of this section, shall be defined as any person who hauls or transports garbage, trash, refuse, rubbish, and waste material through or upon the streets or alleys of this city for a consideration or a fee or as a part of a business activity.
(B) License required. It is unlawful for a commercial hauler to haul or transport any garbage, refuse, rubbish, trash, or waste material through or upon any street or alley of this city without first having obtained a license to perform such services from the city.
(1) Application for license. The application for a license required by the provisions herein shall be filed at the office of the Municipal Finance Officer.
(2) Amount of fee. The annual fee of the license shall be determined by the City Council by the adoption of a resolution.
(3) Approval required. Before any license shall be issued under the provisions of this section, the same shall first be approved by the City Council.
(4) Financial assurance. Prior to issuance of such license, the commercial hauler shall provide financial assurance in the form of a bond, letter of credit, certificate of deposit, or other assurance acceptable to the city in an amount to be established by resolution of the City Council to assure performance in conformity with federal, state, and local regulations.
(5) Proof of insurance. Prior to issuance of such license, the commercial hauler must provide proof of liability and workers’ compensation insurance. Thereafter, proof of insurance shall be provided annually on or before December 31 of each year to the City Finance Officer.
(6) Indemnification. As part of the license agreement, the commercial hauler shall indemnify the city against and hold the city harmless from any expense, liability, and claims of any kind of character arising out of either the commercial hauler’s failure to follow of federal, state, city, and landfill regulations or arising out of any injury or damage occurring during the course of conducting his or her business.
(7) Landfill contract. Prior to issuance of such license, the commercial hauler shall provide proof of a contract to haul to a landfill certified by the state and authorized by the city.
(8) Transfer. No license issued under the provisions of this section shall be transferable.
(9) Expiration. Every license issued under the provisions of this section shall be reviewed for renewal or expiration on or before December 31 following its date of issuance.
(10) Display of license. A copy of the license issued hereunder shall be displayed on/in each vehicle at all times.
(11) Licenses generally. Licensed commercial haulers shall provide themselves with suitable vehicles which shall be watertight and shall be permanently covered on top so as to prevent the escape of odors and contents and so as to hide the garbage form the public view. Such vehicles shall be thoroughly washed at such times as may be directed by the city or as may be necessary to keep vehicles in proper sanitary condition. Such vehicles, when conveying garbage, shall be so loaded and unloaded that the contents shall not fall or spill upon the ground. No article or item shall be carried on such vehicle so as to drag upon the street. All vehicles used for the collection of garage shall be equipped with an all-metal box which shall otherwise comply with the requirements of this section. All-metal boxes shall be equipped with metal doors which shall be in a closed position when the truck is in motion.
(12) Loading of vehicles. Vehicles used for transporting garbage, trash, rubbish, and waste material to a sanitary landfill shall be so loaded that no material shall fall off or be blown off the vehicle while in transit.
(13) Revocation. Any license issued under the provisions of this section may be revoked by the City Council for the violation by the licensee of any applicable provision of state law or city ordinance, rule, or regulation.
(14) Frequency of garbage collection. Collections from family domestic units shall be at least once a week. Collections from commercial units shall be frequent enough so as to avoid unsanitary conditions.
(15) Reporting of weights. All licensed commercial haulers will report to the City Finance Officer, on a monthly basis, the total weight and/or tonnage of garbage, trash, rubbish, and waste materials collected within the city for every calendar month. Each hauler will provide certified scale weigh tickets or other form of certified weight measures deemed acceptable by the city for garbage collected within the city on or before the tenth of every calendar month for the previous month’s garbage collections.
(Prior Code, § 8.16.140) (Ord. 04-5, passed - -) Penalty, see § 51.99