§ 22-18. General regulations governing licenses.

(a)

Records and reports. All licensees under the provisions of this chapter shall keep and maintain such records as the director of public works may require to ascertain the extent of compliance with this chapter and shall, if requested by the director of public works, submit periodic reports based on the records.

(b)

Minimum Number and Hours of Collection. All licensees shall provide a minimum of regular weekly collections to their customers. The hours of collection in the residential areas shall be from 6:00 a.m. to 6:00 p.m. daily, with no collections on Sundays and holidays. New Year's Day, Christmas Day, Thanksgiving Day and July Fourth are recognized holidays.

(c)

Assumption of Service by County—Generally. In the event the refuse collection of a licensee is in default as herein provided, the county may forthwith take temporary possession of all facilities and equipment of the licensee for the purpose of continuing the service which the licensee has agreed to provide and to preserve and protect the public health and safety. The county shall not have the right to retain possession of such facilities and equipment and to render the required service, until the licensee can demonstrate to the satisfaction of the board that required services can be resumed by the licensee; provided, however, that such temporary assumptions of the licensee's obligations under this license shall not be continued by the county for more than one hundred twenty (120) days from the date such operations were undertaken. Should the licensee fail to demonstrate to the satisfaction of the board that required services can be resumed by the licensee prior to the expiration of the aforementioned one hundred (120) days, the license or permit granted hereunder may be forfeited and the rights and privileges granted in such license or permit may be cancelled and annulled.

(d)

Same—County to Receive Revenue. During any period in which the county has temporarily assumed the obligations of the license such subsection (c) of this section, the county shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to such period; the excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the county temporarily assumed the obligations of the licensee shall be determined by the auditor of the county.

(e)

Same—Employment of Licensee's Personnel by County. Employees of the licensee may be employed by the county during any period in which the county temporarily assumes the obligations of the licensee under this chapter; provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rates in effect at the time the licensee's service was not interrupted by the labor dispute or prior to default.

(f)

License Not Assignable, etc. The license issued hereunder shall not be assignable, either voluntarily or by operation of law. If the licensee shall at any time during the term of his license become insolvent, or if proceedings in bankruptcy shall be instituted by or against the licensee, or if the licensee shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of the licensee shall be appointed in any suit or proceeding brought by or against the licensee, or if the licensee shall make an assignment for the benefit of the creditors, then and in each such case the license and the rights and privileges granted thereby shall immediately cease, determine and be forfeited and cancelled without notice and without suit or other proceedings.

(g)

Office, Telephone, etc. The licensee shall establish and maintain an office where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from county residents in his license area may be placed without payment and shall have a responsible person in charge between the hours of 8:00 a.m. and 5:00 p.m. of each day except Saturdays, Sundays and holidays.

(h)

Maps, Schedules and Other Information To Be Furnished. The licensee shall supply the county with current maps and schedules of collection routes and shall upon request supply county residents with printed information cards containing information regarding amounts of refuse which will be collected, complaint procedures, rates, regulations and days of collection.

(i)

Liability of County for Payment of Service Rates or Charges. Neither the county nor nay of its officers or employees shall be liable for, or in any way responsible for the payments of any service rates or charges due the licensee for performing services to the residents of the county.

(j)

Must Furnish Service. All licensees shall provide refuse pickup service to all residential premises and commercial establishments situated within the area specified in their license should the residential occupant or operator of a commercial establishment request such service; provided that payment for such service is made and such service can be practically rendered.

(k)

Lettering on Trucks. All licensees shall have painted or stenciled on a prominent place on the exterior of each truck used in the collection of refuse the following information in four (4)-inch capital letters:

NAME OF AGENCY OR FIRM OPERATING THE VEHICLE

TELEPHONE NUMBER

(l)

Truck Beds, etc.—Generally. The bodies of trucks used in the collection or transportation of refuse shall have watertight beds of metal or of impervious material which can be cleaned. The beds shall be cleaned and disinfected at least once a day when in use. Licensees shall provide adequate means to prevent refuse from escaping from the truck during collection or transportation.

(m)

Packer-type Trucks. Packer-type completely enclosed trucks shall be used by licensees under this chapter to the fullest possible extent. Other suitable equipment as required by terrain, type of refuse to be hauled or other special conditions may be approved by the director of public works.

(n)

Cleaning and Disinfection of Tanks, Containers, etc. All garbage-conveying tanks and other receptacles shall be cleaned and disinfected, both on the inside and outside thereof, immediately after being used and, at all times, shall be kept free from any garbage on the outside thereof.

(o)

Commitment to Deliver Waste. All licensees shall deliver all refuse and yard debris collected within the county's jurisdiction to county disposal areas or other locations as directed by the director of transportation and public works. For purposes of this Section 22-18(o), the term refuse shall not include source-separated materials (excluding yard debris). Such commitment shall be evidenced by a signed agreement in a form satisfactory to the director of transportation and public works.

(Ord. No. 5679 § 2, 2006; Ord. No. 5150 § 1, 1999; Ord. No. 3079 § 1, 1982: Ord. No. 1069 § 15.)