A. Prohibitions: No person, individual, corporation, association or joint venture, other than the city sanitation department, shall collect, transport or dispose of "garbage", "rubbish" or "rubble", as defined in this chapter, within the city limits.
B. Exceptions:
1. Rubble: Any person, individual, corporation, association or joint venture, other than the city sanitation department, who has been duly licensed by the city to operate as a private hauler of trash and refuse within the city limits, per section 5.04.475 of this code, shall be authorized to collect, transport or dispose of "rubble", as defined in this chapter, within the city limits.
2. Garbage; Rubbish: Any person, individual, corporation, association or joint venture, other than the city sanitation department, who has been duly licensed by the city to operate as a private hauler of trash and refuse within the city limits, per section 5.04.475 of this code, shall be authorized to collect, transport or dispose of "garbage" and "rubbish", as defined in this chapter, within the city limits, or other refuse items, providing the party to whom the duly licensed hauler is seeking to render such service has applied for and been issued a private hauler service permit according to the requirements prescribed herein.
3. Private Hauler Service Permit Application Requirements And Procedure:
a. The party seeking to contract for private trash and refuse service must complete and submit a private hauler service permit application accompanied by a two hundred fifty dollar ($250.00) application fee and a proposed contract for service by a private hauler who has been duly licensed by the city, per section 5.04.475 of this code, to the city clerk.
b. Upon receiving the completed permit application and fee, the application shall be referred for review to the city sanitation supervisor who shall submit a recommendation whether the application should be approved or denied to the city clerk based upon the criteria specified herein.
c. Upon receiving the recommendation of the city sanitation supervisor pertaining to the permit application, the city clerk shall schedule a meeting to be held before the Warr Acres sanitation committee who shall review and make a recommendation whether the application should be approved or denied based upon the criteria specified herein. The permit applicant will be notified of said meeting and shall be given the opportunity to present any information relevant to the application being reviewed by the committee.
d. After the sanitation committee has made its recommendation whether to approve or deny the permit application, the city clerk shall set a date for a public hearing before the city council to review the permit application. The applicant shall be given due notice of said hearing. The city council shall decide whether to grant or deny a permit based upon a consideration of the criteria specified herein and the recommendations of the sanitation supervisor and sanitation committee.
e. If it is determined by the city council that a permit should be granted, the applicant shall have ten (10) days from the date of the hearing to have the permit issued to him by the city clerk. If after ten (10) days the permit has not been issued, then the granting of the permit by the city council will become effectively withdrawn without any refund of administrative fees.
4. C-3 Neighborhood Shopping Or C-4 General Business Zoning District: Any party applying for the permit shall only be eligible for said permit if the party is or represents a business establishment which is located in a C-3 neighborhood shopping or C-4 general business zoning district within the city, as defined in chapter 19.36 of this code. All recommendations by the sanitation supervisor and sanitation committee and determinations by the city council pertaining to the approval or denial of a private hauler service permit shall be based upon the following criteria:
a. The type of trash and refuse generated by the applicant's business establishment must be such that the city sanitation department cannot presently handle it in an adequately safe and sanitary manner given the city's present sanitation capabilities and equipment;
b. The size and volume of trash and refuse generated by the applicant's business establishment must be such that the city does not presently have the capability to adequately handle it;
c. The number and frequency of trash and refuse pick ups to adequately handle the sanitation needs of the applicant must be such as to impose too great a burden on the city's equipment and manpower resources than the city can presently provide;
d. The type of equipment and facilities required in order for the city to adequately service the applicant's sanitation needs must be such the city does not presently have at its disposal nor does the city have any functional equivalent to perform the same.
5. Permit Term And Expiration: The term of the permit shall be for a period not to exceed six (6) months from the date of issuance by the city or until such time as the city council may determine the material conditions under which the permit was granted have substantially changed, including the city's current capability to adequately handle the permit recipient's sanitation needs, whichever occurs first. If upon the expiration of the permit the city is still incapable of adequately servicing the permit recipient's needs, the permit recipient must reapply for a new permit, per the requirements and procedure prescribed herein.
C. Penalty: Any person, individual, corporation, association or joint venture who is found in violation of this section shall be guilty of an offense and be subject to a fine not to exceed seventy dollars ($70.00) for each offense, and each day's continued violation of this section shall constitute a separate offense and be punishable as such. (Ord. 606 §1, 1985)