ORDINANCE NO. 19-09
TO AMEND CHAPTER 715 OF THE CODE OF ORDINANCES PERTAINING TO THE REGULATIONS FOR GARBAGE AND REFUSE COLLECTORS WITHIN THE VILLAGE OF GRANVILLE
WHEREAS, the Village of Granville, through the adoption of Resolution No. 09-54 has awarded an exclusive contract for the collection, transportation, and processing of residential refuse and garbage, recyclables, and yard waste; and
WHEREAS, the provisions of Chapter 715 of the Code of Ordinances pertaining to the regulations for garbage and refuse collectors within the Village need to be revised to reflect the awarding of a contract for residential refuse collection.
NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio, that:
Section 1. The provisions of Chapter 715 pertaining to the regulations for garbage and refuse collectors within the Village are hereby revised as follows:
“715.01 LICENSE OR REGISTRATION CERTIFICATE REQUIRED FOR GARBAGE OR REFUSE COLLECTION FROM COMMERCIAL CUSTOMERS.
(a) No person or firm, unless exempt as set forth in this section, shall collect garbage, refuse or recyclable materials from commercial customers for compensation within the Village, nor solicit customers for such collection, unless and until such person or firm holds a license or registration certificate therefor as hereinafter provided.
(b) Any person or firm providing commercial collection services to twelve or fewer residential customers for compensation within the Village and not directly or indirectly providing collection services to commercial or institutional customers for compensation within the Village is exempt from the provisions of Sections 715.02, 715.03(a), 715.06(a) and (c), 715.11(b) and (c) and 715.18(a), (b) and (d). Such person or firm, however shall register with the Village upon such form or forms and in such manner as prescribed by the Village Manager. Upon determination by the Village Manager that such person or firm satisfies the limitations as set forth herein or as hereinafter developed, such person or firm shall be issued a registration certificate.
(b) No person or firm shall collect garbage, refuse or recyclable materials from residential customers for compensation within the Village, nor solicit customers for such collection, unless and until such person or firm has received an exclusive contract for the collection of residential garbage, refuse or recyclables granted by the Village.
715.02 LICENSE APPLICATION.
Any person or firm desiring a license for the collection of garbage, refuse and recyclable materials for compensation from commercial customers shall submit an application therefor to the Village Manager. Such application shall be in writing and in such form as may be prescribed from time to time by the Village Manager. Each application shall be accompanied by a surety bond in the amount of one thousand dollars ($1,000), conditioned on the faithful performance of any and all contracts for thecollection of garbage, refuse and recyclable materials that the applicant may make with commercial customers within the Village. Each applicant shall also submit evidence showing insurance coverage as outlined in Section 715.18 and shall satisfy the Village as to the adequacy and safety of equipment as outlined in Section 715.11. If a license is granted, such coverage shall be maintained so long as the licensee is engaged in the business of collecting garbage, refuse and recyclable materials from commercial customers in the Village. No license for the collection of garbage, refuse and recyclable materials shall be granted unless the applicant establishes that all the conditions of this chapter have been met.
715.03 FEES AND RENEWALS.
(a) Each license issued under this chapter shall expire on December 31 of the year in which it is granted. The fee for the original license shall be one hundred dollars ($100.00). Each license granted hereunder may be renewed for succeeding years upon approval of a renewal application including all of the items required in Section 715.02 and payment of a fifty-dollar ($50.00) renewal fee each year.
(b) Each registration certificate issued under this chapter shall expire on December 31 of the year in which it is granted. No fees are required for registration certificates and renewals thereof. Each registration certificate granted hereunder may be renewed for succeeding years upon approval of a renewal application including all of the items required in Section 715.01.
715.04 REVOCATION OF LICENSE OR REGISTRATION CERTIFICATE.
Whenever the Village Manager finds that the holder of a license or registration certificate issued hereunder has failed to perform the obligations under such license or registration certificate, or has breached contracts with individual customers in the Village, or has been in violation of other applicable laws, ordinances or regulations, he shall so notify the licensee or registered certificate holder by certified mail addressed to the licensee or registered certificate holder at the address given in the application for license or registration certificate, stating generally the grounds for revocation. Such license or registration certificate shall be revoked ten days after the mailing of such notice unless within such ten day period the licensee or registered certificate holder has filed an appeal from such decision as provided in Section 715.05.
715.05 APPEALS.
Appeals of a license or registration certificate revocation or denial shall be heard by Council. Any person or firm whose application for a license or registration certificate for the collection of commercial garbage, refuse and recyclable materials has been rejected, or whose license or registration certificate has been revoked, may, within ten days after the notice of such rejection or revocation has been mailed, file an appeal with Council. Council shall set and conduct a hearing within thirty days unless an extension of time is requested by the applicant. After the hearing, Council may allow or deny the application, or affirm or reverse the revocation, or make such other orders as may be appropriate under the circumstances. The decision of Council shall be final.
715.06 RECYCLABLE MATERIALS.
(a) Collection and proper disposal of recyclable materials shall be and is hereby deemed a necessary service attendant to the issuance of a license for the collection of commercialgarbage, refuse and recyclable materials within the Village. Licensees may enter into agreements with commodity buyers or collection services for the sale or proper processing of all recyclable materials.
(b) Recyclable materials collected, whether by a license holder or by a registered certificate holder, shall not be disposed of by means of landfill, incineration or other nonrecyclable method without written authorization of the Municipality.
(c) Licensees shall, within sixty days of the issuance or renewal of a license hereunder, notify all customers by mail of the availability of recycling services, materials included therein, service frequency, scheduling and cost thereof.
715.07 CURBSIDE CONTAINERS.
Licensees shall offer to each customer a container or containers for recyclable materials. Licensees and registered certificate holders may provide customers a container for solid waste at the customer's option.
715.08 DEFINITIONS.
(a) "Bulky waste" means stoves, refrigerators, water tanks, washing machines, furniture and other waste materials (other than construction debris, dead animals, hazardous waste or stable matter) with weights or volumes greater than those allowed for containers.
(b) "Construction debris" means waste building materials resulting from construction, remodeling, repair or demolition operations.
(c) "Container" (recyclables) means a receptacle designed for the purpose of the curbside collection of recyclable materials. The receptacle shall be made of fiberglass or plastic acceptable to the Municipality.
(d) "Container" (solid waste) means a receptacle acceptable to the Municipality, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance to the container by vectors.
(e) "Disposal site" means a depository for materials covered under this chapter including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
(f) "Garbage" means all putrescible wastes (except sewage and body waste), and including vegetable and animal offal and recognizable industrial by-products.
(g) "Licensee" means the person or firm licensed by the Municipality to collect garbage, refuse and recyclable materials within the municipal corporation limits.
(h) "Registered certificate holder" means the person or firm registered by the Municipality to collect garbage, refuse and recyclable materials within the municipal corporation limits.
(i) "Recyclable materials" means reusable materials including newsprint, glass, aluminum, bi-metal cans, plastics or any materials set forth by the Municipality in regulations which may be adopted from time to time as markets change.
(j) "Solid waste" means putrescible and nonputrescible nonliquid wastes.
(k) "Refuse" means nonputrescible, nonliquid wastes including ash, cinders, metal cans, rags, waste paper, wool, boxes, trunks, branches, stumps, large household objects, masonry, plaster and construction, remodeling and repair materials from buildings or grounds.
(l) "Village" means the Village of Granville, Ohio.
715.09 BULKY WASTES.
Licensees and registered certificate holders may offer customers bulky waste removal services but are not required to do so as a licensing or registration certificate requirement.
715.10 COLLECTION.
(a) Collection shall not start before 7:00 a.m. or continue after 8:00 p.m. on the same day.
(b) The collection of recyclable materials shall be on the same day that the licensee or registered certificate holder collects garbage or refuse for commercial customers.
(c) In those instances where the licensee or registered certificate holder is providing collection services for recyclable material but not otherwise providing collection services for garbage and refuse to an individual commercial customer, the recyclable materials of each commercial customer shall be collected on the same day as the licensee or registered certificate holder is otherwise in the area providing collection services for garbage, refuse and recyclable materials.
715.11 EQUIPMENT.
(a) Licensees and registered certificate holders shall provide an adequate number of vehicles for regular collection services. All vehicles and other equipment shall be kept in good repair, good appearance and sanitary condition at all times. All equipment shall be covered, if appropriate, so as not to scatter or litter.
(b) Licensees shall use enclosed, leakproof packer-type truck bodies. Refuse, recyclable materials and bulky waste, but not garbage, may be picked up by other types of equipment, provided such equipment is covered, if appropriate, so as not to scatter or litter.
(c) Each vehicle of a license holder shall have clearly visible on each side the identity and telephone number of such licensee.
715.12 HAULING.
All material hauled by licensees or registered certificate holders shall be so contained, tied or enclosed that leaking, spilling, scattering or littering is prevented.
715.13 DISPOSAL.
All material collected for disposal shall be hauled to a disposal site approved by the Coshocton-Fairfield-Licking-Perry County Solid Waste District.
715.14 COMPLIANCE WITH LAWS.
At all times licensees and registered certificate holders shall conduct operations in compliance with all applicable laws, ordinances and regulations pertaining to solid waste, recyclable materials, vehicle conditions, labor relations and any other requirements applicable to such operations.
715.15 COLLECTION RIGHTS.
(a) A contractor, who has received a contract from the Village for the collection of residential refuse and garbage shall have the exclusive privilege of collecting, transporting, and processing garbage, refuse, recyclables, and yard waste from residential premises in the incorporated areas of the Village for the duration of the contract. Effective with the date of the contract, any hauler or person other than the Contractor providing collection, transportation, and/or processing services of residential garbage, refuse, recyclables, and yard waste within the incorporated areas of the Village shall be subject to the fines and penalties as provided in the Granville Code of Ordinances Section 715.99.
(b) No person or firm other than licensees and registered certificate holders authorized by the Village shall collect and/or dispose of commercial garbage, refuse or recyclable materials in the Village.
715.16 INDEMNITY.
Licensees and registered certificate holders shall indemnify and hold harmless the Village, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the licensee's or registered certificate holder's operations, provided that such claims, damages, losses or expenses:
(a) Are attributable to bodily injury, sickness, disease or death, or injury to or destruction of real or personal property, including the loss of use resulting therefrom, and;
(b) Are caused in whole or in part by any intentional, reckless or negligent act or omission of the licensee or registered certificate holder, its officers, agents or employees, or anyone for whose acts the licensee or registered certificate holder, its officers, agents or employees, may be liable, regardless of whether or not caused in part by the Village, its agents or employees. Such obligation shall not be construed to negate, abridge or otherwise reduce any other duty or obligation of indemnity which should otherwise be owed by the licensee or registered certificate holder, its agents or employees to the Village, its agents or employees.
715.17 LICENSES AND TAXES.
Licensees and registered certificate holders shall obtain all other applicable licenses and permits and promptly pay all taxes required by the Village.
715.18 INSURANCE.
(a) Licensees shall at all times during the license period maintain in full force and effect Worker's Compensation and Commercial General Liability (including vehicle coverages) insurance, including contractual liability coverage, with the Village named as an additional named insured for the provisions of Section 715.16. All insurance shall be by insurers and for policy limits acceptable to the Village. Before the license hereunder is issued, licensees agree to furnish the Village certificates of insurance or other evidence satisfactory to the Village to the effect that such insurance has been procured and is in force. Certificates of insurance, acceptable to the Village, shall be filed with the Village at the time of license issuance and renewals thereof. These certificates shall contain a provision that coverages afforded under the policies will not be cancelled or reduced until at least thirty days' prior written notice has been given to the Village. Any claims-made-policy shall be brought to the attention of the Village immediately as well as any specific limitations, exclusions or self-insured retentions. Certificates of insurance shall include a statement that the insurer(s) agrees to the provisions of subsection (b) hereof.
(b) All insurance companies providing coverages required herein shall familiarize themselves with all of the conditions and provisions of the license and shall waive the right of special notification of any change or modification of this chapter, any extension of time, any decreased or increased work, the revocation of the license, or any act or omission by the Village or its agents or employees. Failure to so notify the aforesaid insurance companies of changes or modifications shall in no way relieve the insurance companies of their obligations under their policies.
(c) Registration certificate applicants shall provide the Village with evidence that it carries automobile and commercial general liability insurance covering its vehicles and operators in amounts equal to at least one quarter the amounts required for licensees under subsection (d) hereof.
(d) For the purpose of the license, licensees shall carry the following types
of insurance in at least the limits specified below:
Coverage Limits of Liability
Worker's compensation Statutory
Commercial general liability
Combined single limit for bodily injury, personal injury, and property damage:
Per occurrence $1,000,000
General aggregate $1,000,000
Products aggregate $1,000,000
or equivalent
Automobile
Combined single limit for bodily injury and property damage unloading
MCS (90) endorsement
Per occurrence or accident $1,000,000
Excess umbrella liability
Commercial general liability and automobile liability:
Per occurrence $5,000,000
Aggregate $5,000,000
To the extent permitted by law and to the extent accepted by the Village, all or any part of any required insurance coverage provided by a licensee may be provided under a plan or plans of self-insurance. The coverage may be provided by the licensee's parent corporation.
715.99 PENALTY.
Whoever on the first offense violates any of the provisions of Sections 715.03, 715.06, 715.07, 715.10, 715.11, 715.12, 715.13, 715.14, 715.15, 715.16, 715.17 or 715.18 in addition to the penalties set forth in Section 715.04, shall be guilty of a minor misdemeanor. On each subsequent offense, such violators shall be deemed guilty of a first degree misdemeanor and subject to penalties set forth in Section 501.99 of the General Offenses Code. Whoever violates Section 715.01 on any offense shall be guilty of a first degree misdemeanor.”
Section 2: This ordinance shall be effective from and after the earliest period allowed by law..
Passed this 18th day of November, 2009.