§ 110.02  SCAVENGERS.
   (A)   Scavenger defined. For purposes of this section, the word SCAVENGER means any person or firm engaged in the business of collecting, hauling and disposing of residential, commercial, industrial and miscellaneous garbage, ashes, refuse and waste materials of all kinds. This section shall not apply to persons or firms who are exclusively engaged in collecting, hauling and disposing of brush, tree clippings, tree limbs, building debris or junk.
   (B)   Licenses.
      (1)   License required. No person or firm shall engage in the business of scavenger in the village without first having obtained a scavenger license from the village.
      (2)   Number of licenses. Only one exclusive scavenger license shall be issued for one- and two-family residence scavenger service in the village. Scavenger licenses for all other scavenger services in the village shall be issued on a non-exclusive basis.
      (3)   Exclusive scavenger license. The exclusive license for one- and two-family residence scavenger service in the village shall be issued, from time to time, to the scavenger with whom the village has entered into an agreement for refuse, recyclable material and compostable yard waste disposal.
      (4)   Filing and contents of application for non-exclusive license. Application for a non-exclusive scavenger’s license shall be filed with the Village Clerk. Such application shall be signed, under oath, by the applicant and shall disclose the name, residence address and telephone number of the applicant, the business address and telephone number of the applicant, the make, model, year and serial number of each motor vehicle used and to be used by the applicant in the scavenger operations.
      (5)   Non-exclusive license applicant’s bond. Each application for a non-exclusive scavenger’s license shall be accompanied by a bond in the penal sum of $250,000 and shall be executed by the applicant as principal and also by two non-corporate sureties who shall be residents of the state. The applicant, however, shall have the option of substituting a corporate surety on such bond in lieu of the aforesaid non-corporate sureties. Such bond shall be approved by the Village Attorney and shall be conditioned upon the applicant complying fully with all of the provisions of the ordinances of the village at all times and also complying fully with all the provisions of the statutes of the state and of the United States.
      (6)   Application for non-exclusive license referred to President and Board. The Village Clerk shall refer each application for a non-exclusive scavenger’s license to the Village President and Village Board of Trustees and no such license shall be issued, except on their direction and order.
      (7)   Fee. No annual fee shall be charged for the exclusive license. The annual fee for non-exclusive scavenger licenses shall be $50 for each vehicle that is to be used in the scavenger business in the village.
      (8)   Term. The term of an annual non-exclusive scavenger’s license shall be the same as the fiscal year of the village (May 1 to the following April 30).
      (9)   Revocation. The village may revoke any scavenger’s license issued under this section where the licensee has violated any of the regulations prescribed in this section. Notice of such revocation shall be given to the licensee by personal delivery to the licensee or by certified mail addressed to the licensee. The licensee shall be entitled to a hearing before the Village President and Board of Trustees in connection with such revocation; provided, the licensee makes written demand for such hearing within five days after having received notice of such revocation. A hearing demanded by the licensee under this section shall take place within 15 days after the demand for the hearing has been filed with the Village Clerk. Whenever such demand has been made by the licensee, the licensee shall be permitted to continue scavenger operations in the village during the time that such hearing on the revocation is pending.
   (C)   Vehicles.
      (1)   Scavenger vehicles to be water-tight and equipped with cover. All vehicles used by a scavenger in his or her business shall be equipped with water-tight compartments and air-tight covers for such portions as are used for the transportation of garbage, ashes, refuse of all kinds or miscellaneous waste materials.
      (2)   Vehicles and containers to be kept closed during hauling. All vehicles, boxes or containers used or leased by a scavenger shall be kept securely closed during hauling to prevent the contents from scattering.
   (D)   Non-exclusive scavenger service contracts. A non-exclusive scavenger licensed under this section may contract with each apartment dwelling, condominium, business, commercial and industrial establishment, individually for scavenger services at a collection fee to be agreed upon between them.
   (E)   Litter. Scavengers shall not litter material or truck fluids on any premises in the process of making collections, but the scavenger shall not be required to collect material that has not been placed in containers acceptable to him or her.
   (F)   Collection equipment. All scavenger vehicles shall be kept in good repair and appearance and maintained in a sanitary condition at all times. Each vehicle shall have the name, vehicle identification number, a toll-free and/or local phone number of the scavenger visible on each side. Scavenger vehicles shall not leak fluids, oil, hydraulic fluids and the like on the village streets. If such litter or fluids are not cleaned by the scavenger within six hours after notice from the village, the village may clean up the litter and/or fluid and assess the costs thereof to the scavenger.
   (G)   Scavenger’s personnel. The scavenger shall assign a qualified person or persons to supervise its operation of the village and shall give such supervisor’s name, address and telephone number to the village. Each employee driving a vehicle shall at all times carry a valid operator’s license for the type of vehicle being driven. No person shall be denied employment by the scavenger for reason of race, creed, sex or national origin.
   (H)   Insurance. The scavenger shall maintain general liability and automobile liability insurance in the amount of not less than $1,000,000 combining single limit per occurrence with an aggregate coverage of $2,000,000. An excess umbrella liability shall also be provided with minimum limits of $5,000,000 per occurrence. The scavenger shall cause the village to be named as an additional insured under the policies. By means of a certificate, insurance shall be filed with the village at least two weeks prior to the commencement of the services under the license. Such policy shall not permit termination or modification without at least 30 days’ prior written notice to the village. A new certificate of insurance shall be filed with the Village Clerk at least 30 days prior to the expiration or termination of an existing policy of insurance. The scavenger shall defend, save and hold the village harmless from and indemnify the village against any and all losses, claims, suits or causes of action of any kind or nature whatsoever arising out of or in connection with the ownership, maintenance, use, operation or control of any scavenger vehicle owned, operated, maintained or controlled by the scavenger.
(Ord. 098, passed 11-6-1996)  Penalty, see § 110.99