Granville Community Calendar

Ordinance 32-1991

ORDINANCE NO. 32-91
1
1
BY: VON<k.L. .)
AN ORDINANCE TO AMEND CHAPTER 521 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF GRANVILLE BY ADDING
SECTIONS 521.11 THROUGH 521.29, RELATING TO LICENSING
AND OPERATIONS OF GARBAGE, REFUSE, AND RECYCLING
MATERIALS CONTRACTORS WITHIN THE VILLAGE, AND
ESTABLISHING PENALTIES.
BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:
Section I: Chapter 521 of the Code of Ordinances of
Granville, Ohio, is hereby amended by adding
Sections 521. 11 through 521.29 as follows:
521.11 LICENSE OR REGISTRATION CERTIFICATE
REQUIRED FOR COLLECTION
A) No person or firm, unless exempt as set forth
in this Section, shall collect garbage, refuse,
or recyclable materials 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 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 521. 12, 521. 13(A),
521. 16(A),521. 16(C),521.21(B),521.21(C),
521.28(A),521.28(B),and 521.28(D).Such person
or firm, however, must 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.
521. 12 LICENSE APPLICATION
Any person or firm desiring a license for the
collection of garbage, refuse and recyclable
materials for compensation 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($,000.00)c,onditioned on the faithful performance of any and all contracts for collection of garbage, refuse, and recyclable materials that the applicant may make with
customers within the Village. Each applicant shall also submit evidence showing insurance coverage as outlined in Section 521.28, and shall satisfy the Village as to the adequacy and safety of equipment as outlined in Section 521.21. 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 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 Sections 521.11 through 521.28 have been met.
i
1
Ordinance No. 32-91
Page 2
521.13 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
oneh-undred dollars 1(0$0.00)E.ach license
granted hereunder may be renewed for succeeding
years upon approval of a renewal application
including all of the items required in Section
521. 12 and payment of a fifty dollar (5$0.00)
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 521.11.
521.14 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 521. 15.
521.15 APPEALS
Appeals of license or registration certificate
revocation or denial shall be heard by the Village
Council. Any person or firm whose application for
a license or registration certificate for the collection of 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 the Village Council. The Village Council shall set and conduct a hearing within 30 days unless an extension of time is requested by the applicant. After the hearing, Village 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 the Village Council shall be final.
521.16 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 garbage, refuse and recyclable materials within the Village. Licensees mcoaylleecnttieorninto agreements with commodity buyers or services for the sale or proper processing of all recyclable materials.
1
1
Ordinance No. 32-91
Page 3
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 non- recyclable
method without written authorization of the
Village.
C) Licensees shall, within sixty (60) 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.
521.17 CURBSIDE CONTAINERS
Licensees will 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.
521.18 DEFINITIONS
A) Bulky Waste -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 -Waste building
materials resulting from construction,
remodeling, repair or demolition operations.
C) Container (Recvclables) -A receptacle
designed for the purpose of curbside
collection' of recyclable materials. The
receptacle shall be made of fiberglass or
plastic acceptable to the Village.
D) Container (Solid Waste) -A receptacle
acceptable to the Village, 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 -A depository for materials
covered under this Chapter including but limited not to sanitary landfills, transfer stations,
incinerators, and waste processings/eparation
centers licensed, permitted or approved by all governmental bodies and agencies having
jurisdiction.
F) Garbage -All putrescible wastes (except
sewage and body waste), and including vegetable
and animal offal and recognizable industrial by-products.
G) Licensee -Person or firm licensed by the Village to collect garbage, refuse, and recyclable materials within the Village corporation limits.
H) Registered Certificate Holder -Person or firm registered by the Village to collect garbage, refuse, and recyclable materials within the Village corporation limits.
Ordinance No. 32-91
Page 4
I) Recyclable Materials -Reusable materials
including newsprint, glass, aluminum, bi-metal
cans, plastics, or any materials set forth by
the Village in regulations which may be adopted
from time to time as markets change.
J) Solid Waste -
non- liquid wastes.
Putrescible and non- putrescible
K) Refuse -Non- putrescible, non- liquid 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 -Village of Granville, Ohio.
521.19 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.
521.20 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
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 customer, the
recyclable materials of each 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.
521.21 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,
packerty-pe truck bodies. Refuse, recyclable
materials, and bulky waste, but not garbage, may
be picked up by other types of equipment, provided
such equipment shall be 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.
521.22 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.
Ordinance No. 32-91
Page 5
521.23 DISPOSAL
All material collected for disposal shall be
hauled to a Disposal Site approved by the
CoshoctonF- airfieldL-ickingP-erry County
Solid Waste District.
521.24 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.
521.25 COLLECTION RIGHTS
No person or firm other than licensees and
registered certificate holders authorized
by the Village shall collect ando/r dispose of
garbage, refuse or recyclable materials in the
Village.
521.26 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 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 licensee or registered
certificate holder, its agents or employees, to
the Village, its agents or employees.
521.27 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.
521.28 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 of
Granville named as an additional named insured for the
provisions of Section 521.26. All insurance shall be by
insurers and for policy limits acceptable to the
Village. Before the license hereunder is issued,
Ordinance No. 32-91
Page 6
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 canceled or
reduced until at least thirty (30) days prior written
notice has been given to the Village. Any claims- madepolicy
must 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 521.28(B).
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 ordinance, 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 must 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
521.28(D) below.
D) For the purpose of the license, licensees shall
carry the following types of insurance in at least the
limits specified below:
COVERAGE
WORKER' S COMPENSATION
LIMITS OF LIABILITY
COMMERCIAL GENERAL LIABILITY
COMBINED SINGLE LIMIT FOR
BODILY INJURY, PERSONAL INJURY,
AND PROPERTY DAMAGE:
PER OCCURRENCE -
GENERAL AGGREGATE -
PRODUCTS AGGREGATE -
OR EQUIVALENT
AUTOMOBILE
COMBINED SINGLE LIMIT FOR
BODILY INJURY AND
PROPERTY DAMAGE
UNLOADING MCS -90
ENDORSEMENT
PER OCCURRENCE OR
ACCIDENT
EXCESS UMBRELLA LIABILITY
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY:
PER OCCURRENCE
AGGREGATE
STATUTORY
1,000,000
1,000,000
1,000, 000
1,000,000
5, 000,000
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 selfinsurance.
The coverage may be provided by the
licensee' s parent corporation.
Ordinance No. 32-91
Page 7
Section II:
Section III:
Passed this
521.29 PENALTY
Whoever on the first offense violates any of the
provisions of Sections 521.13, 521.16, 521.17,
521.20, 521.21, 521.22, 521.23, 521.24, 521.25, 521.26
521.27, or 521.28, in addition to penalties set forth
in Section 521.14, 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 Granville Codified Ordinances. Whoever violates
Section 521.11 on any offense shall be guilty of a
first degree misdemeanor.
Existing sections of Chapter 521 remain in full force
and effect and sections 521. 11 through 521.29 are
hereby added thereto.
This ordinance shall take effect and be
in force from and after the earliest date allowed by
law. Persons or firms presently collecting garbage,
refuse, ando/r recycling materials for compensation
within the Village shall have sixty (60) days from
the effective date of this ordinance to comply
herewith.
6t-1.
ATTI#ST:
cio Itt,i-l<,2<F* fefsiu
Clerk of-Council, Temporary
APPROVEP AS TO/FORM:
C ) 11\
1A1CK i 2 ( ,=/ /'*/* LaG, firectdr
Modified 2/3/92
day of Vt/ 44* Luke-/ , 1992.
Mayor

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.