Code Ordinance

Article III. Commercial Solid Waste Collection*

*Editor's note: Ord. No. 1425, § 3, adopted Dec. 2, 2003, amended Art. III, in its entirety, to read as herein set out in §§ 12-8--12-11. Prior to inclusion of said ordinance, Art. III pertained to similar subject matter. See also the Code Comparative Table.

Sec. 12-8. License required.

1. It is unlawful for any person to operate or cause any other person to operate a motor vehicle upon a public street within the city for the purpose of collecting or removing solid waste from a commercial property located within the city's corporate limits for compensation unless the person that owns or controls the motor vehicle has a valid commercial solid waste operator's license issued by the city.
2. To obtain a commercial solid waste operator's license, application shall be made on forms provided by the city for that purpose along with any application fee. The application requires that the applicant:
   1. State the name under which the operator conducts business, the business address, and telephone number;
   2. State the make, model and body style of each motor vehicle to be used in the city;
   3. Submit proof of liability insurance for the motor vehicles in the amounts required by state law;
   4. By submitting the application agrees to abide by and be bound by the provisions of this article and to comply all other state and federal laws applicable to the licensee's activities; and
   5. Submit any other information reasonably required by the city to administer this article.
3. Upon proper application, a commercial solid waste operator's license shall be issued in the name of the person or entity responsible for the operation of the motor vehicles used for commercial solid waste collection in the city. The license shall be valid for a term of two (2) years, unless earlier revoked.
4. The city manager or his designee may revoke a commercial solid waste operator's license for any violation of this article after giving the licensee prior written notice of the violation and an opportunity to respond in writing or in person as to why the license should not be revoked.

(Ord. No. 1425, § 3, 12-2-03)

Sec. 12-9. License fee.

1. Each person granted a license under this article must pay a license fee equal to four (4) percent of the operator's gross revenues from the collection, hauling, or transporting of commercial and industrial solid waste collected within the city, after excluding therefrom the revenues licensee received from the collection, hauling, or transporting of recycled solid waste collected within the city.
2. Each licensee must pay the required license fee quarterly to the city within forty-five (45) days following each September 30, December 31, March 31, and June 30. Each quarterly payment must be computed on the revenues for the quarter preceding the quarter in which the payment is due. Each licensee must provide with each quarterly payment a statement of the gross revenues upon which the payment is computed, prepared according to generally accepted accounting practices, and signed by an authorized representative of the licensee. The licensee must pay a late penalty of twelve (12) percent per annum, compounded daily, on any quarterly payment, or portions thereof, that is paid subsequent to the required payment date.
3. Each quarterly payment must also be accompanied by a listing of the location and number of commercial containers serviced by the licensee in the city.
4. The city may inspect and audit the licensee's records upon which payments to the city are computed and paid. If the city's inspection or audit shows that the licensee has underpaid an amount required to be paid under this article, licensee must pay the deficiency within sixty (60) days of the date the city gives licensee written notice of the deficiency. If the deficiency is more than ten (10) percent of the amount the licensee was required to pay for the quarter, the licensee must also pay a penalty of ten (10) percent per annum on the deficiency and the city's reasonable cost incurred for the inspection or audit.
5. The city's acceptance of a payment is not deemed to be a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this article. The city is not liable to refund to the licensee any payment licensee makes to the city that is more than the amount required to be paid by licensee under this article.

(Ord. No. 1425, § 3, 12-2-03)

*Editor's note: It should be noted that § 4 of Ord. No. 1425 provides, "That the license fee imposed under section 12-9 of this article is implemented as follows: Each licensee must pay the first quarterly payment to the city by May 15, 2004, calculated on the licensee's gross revenues, as specified in the ordinance, received from March 1, 2004, to March 31, 2004. Thereafter, each licensee must make quarterly payments to the city as required by this ordinance or as hereafter amended."

Sec. 12-10. License regulations.

1. All licensees must identify each vehicle the licensee operates within the city by placing clearly legible letters identifying the name of the person or business responsible for the operation of the motor vehicle.
2. A licensee shall notify the city of any change in the information submitted in an application for a license, including a change in the name, address or telephone number of the licensee. The notification shall be given to the city in writing within ten (10) days of the change.
3. It is unlawful for any person to operate or use a motor vehicle to unload or empty a solid waste container by means of a mechanical lifting apparatus or device attached to the motor vehicle between the hours of 10:00 p.m. and 7:00 a.m. of the following day, if the container is located within four hundred (400) feet of a residential property.
4. All garbage must be transported in leak proof containers or in leak proof vehicle bodies or compartments and be so fitted and constructed so that the garbage shall be kept covered at all times except when being loaded and emptied.

(Ord. No. 1425, § 3, 12-2-03)

Sec. 12-11. Suspension or revocation of license.

The city may suspend or revoke a license issued under this article for a violation of this article in accordance with the uniform permit procedures of this Code.

(Ord. No. 1425, § 3, 12-2-03)
Secs. 12-12--12-22. Reserved.

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