City of Town And Country, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference — Tampering with recyclable materials or recycling containers placed at curbside pursuant to recycling program, §210.860.

Section 235.010 Definitions. [1]

[CC 1989 §11-36; Ord. No. 1241 §2(6.01), 12-12-1988; Ord. No. 1461 §1, 1-14-1991; Ord. No. 3415 §1, 3-13-2009]
For the purposes of this Article the following terms shall be deemed to have the meaning indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local, State, and Federal air pollution control agencies.
BULKY RUBBISH
Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.
COLLECTION
Removal of solid waste from the designated pickup location to the transportation vehicle.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Director of the solid waste management program of the City shall be the Director of Public Works and his/her duties for the purposes of Chapter 235 shall include:
1. 
Prepare a schedule designating specific days for pickup of solid waste and recycling materials;
2. 
Review opt-out appeals from residents requesting curb side pickup, including roads outside subdivisions that are not controlled by indentures or a board of trustees; and
3. 
Review hardship waivers from residents requesting rear yard pickup in areas designated for curb side pickup.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic bags with a capacity of twenty (20) to thirty (30) gallons specifically designed for storage of solid waste.
DWELLING UNIT
Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.
HAZARDOUS WASTE
Any waste or combination of wastes, as determined by the Commission by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or the environment.
MAJOR ROADS
For purposes of Chapter 235, major roads include the following: Ballas Road, Bopp Road, Clayton Road, Conway Road, Ladue Road, Mason Road, North Outer Forty Road, South Outer Forty Drive, Topping Road and Weidman Road.
MULTIPLE HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
OCCUPANT
Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
PERSON
Any individual, partnership, corporation, association, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
RECYCLABLE MATERIALS
Newsprint; brown, clear and green glass containers; aluminum and metal cans; plastic milk jugs and plastic soda bottles; all rinsed and reasonably free of food, dirt, human waste, animal waste and other contaminants. Also included is any other material that the City and collector may hereafter mutually agree to collect as a recyclable.
RECYCLING CONTAINERS
A container furnished by the residence, City or collector especially used for storage of recyclable materials.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
SOLID WASTE CONTAINER
Receptacle used by any person to store solid waste during the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material. In particular the final deposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
TRASH
See definition of "solid waste".
WASTE COLLECTION BUSINESS
Any person who or which stores, collects, gathers, picks up, transports, processes and/or disposes of solid waste for profit, pecuniary gain or other business purpose shall be deemed to be in the waste collection business.
YARD WASTE
Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[1]
Cross Reference — Definitions and rules of construction generally, §100.030.

Section 235.020 Storage. [1]

[CC 1989 §11-37; Ord. No. 1241 §2(6.02), 12-12-1988; Ord. No. 3415 §2, 3-13-2009]
A. 
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate containers for storage of all solid waste and recyclable materials except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment and maintain such solid waste and recycling containers at all times in good repair.
B. 
The occupant or owner of every dwelling unit and of every institutional, commercial or business establishment shall place all solid waste and recyclable material to be collected in proper solid waste containers and recycling containers, except as otherwise provided herein, and shall maintain such solid waste containers and recycling containers and the area surrounding them in a clean, neat and sanitary condition at all times.
C. 
Residential solid waste shall be stored in containers of not more than ninety (90) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.
D. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 235.060.
E. 
Tree limbs less than four (4) inches and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
F. 
Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
G. 
Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.
[1]
Cross Reference — Throwing garbage, trash, etc., on streets, etc. deemed a nuisance, §215.030(1).

Section 235.030 Collection of Solid Waste and Recyclable Material.

[CC 1989 §11-38; Ord. No. 1241 §2(6.03), 12-12-1988; Ord. No. 1461 §2, 1-14-1991; Ord. No. 1862 §1, 7-10-1995; Ord. No. 2568 §1, 3-27-2001; Ord. No. 3415 §3, 3-13-2009]
A. 
The City shall provide for the collection of all residential solid waste and recyclable materials as follows:
1. 
The City shall regulate collections of all residential solid waste and recyclable materials in the City; provided however, that the City shall license a person or persons, a corporation or corporations or other legal entities, County or other City or a combination thereof, for the entire City or portions thereof, as deemed in the best interests of the City.
2. 
It shall be the duty of commercial establishments to provide for collection of all solid waste produced upon any such premises.
B. 
All solid waste and recyclable material from premises to which collection services are provided within the City shall be collected, except bulky rubbish as defined herein. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director.
C. 
Tree limbs and yard wastes, as described in Sections 235.020(E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the rear of the building for collection unless other service is approved by the Director. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Article to be so placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
D. 
The Director shall establish the procedure for collecting bulky rubbish.
E. 
Solid waste collection agencies operating under license from the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Article. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste without prior permission of the owner. Commercial solid waste may be removed from within commercial establishments upon written request of the owner.
F. 
The following collection frequencies shall apply to collections of solid waste and recyclable material within the City:
1. 
There shall be at least one (1) residential solid waste and recyclable material collection per week in accordance with the rules set forth by St. Louis County.
2. 
All commercial solid waste shall be collected at least twice weekly and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are not harmful to the health and/or safety of the public.
3. 
Solid waste shall not be collected on Sunday, or before 8:00 A.M. or after 7:00 P.M. on Saturday, or before 7:00 A.M. or after 7:00 P.M. on any other day of the week in the following zoning districts: Estate, Suburban Estate, Major Educational Campus, Suburban Low, Suburban Medium, Nursing Home, Assisted Living or Continuum of Care Facility and Park.
4. 
Solid waste shall not be collected between the hours of 7:00 P.M. and 7:00 A.M. on any day of the week in the following zoning districts: Campus Office, Office, Commercial and Planned Office Park.
G. 
Storage And Collection — Generally.
1. 
Residential solid waste containers and recycling containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well drained, fully accessible to collection equipment, public health personnel and fire inspection personnel.
2. 
All residential waste and recyclable material collection service must provide rear yard only pickup at a point on the premises to the rear of the building setback line. The person responsible for the proper storage of refuse on the premises and the collector shall agree upon a designated collection point, at which point all containers to be emptied shall be placed prior to 7:00 A.M. on the collection day(s).
3. 
Subdivisions may opt-out of the rear yard collection requirement if:
a. 
The subdivision board of trustees or a representative of the homeowners' association provides written notice to the Director of Public Works stating that all houses within said subdivision will use curb side collection.
b. 
The subdivision board of trustees/homeowners' Association certifies that curb side collection is not contrary to the current indentures of the subdivision.
4. 
Residents of subdivisions opting for curb side collection may obtain a waiver for rear pickup due to any health condition that makes taking solid waste or recycling containers to the curb a hardship.
5. 
Residents of dwellings on major roads that do not belong to a subdivision or a homeowners' association may not opt-out for curb side collection due to safety concerns, trucks stopping and blocking roadways while making pickups.
a. 
Any person residing on a major road may apply for a waiver for curb side pickup if the applicant demonstrates that trash or recycling trucks stopping on the road to pickup trash do not affect the health, safety and welfare of citizens and motorists.
6. 
The Director of Public Works shall designate specific days of the week for solid waste pickup, recycling pickup and yard waste pickup in specific subdivisions. All attempts shall be made to limit the number of days in a week solid waste, recycling and yard waste trucks are in specific subdivisions.
H. 
A solid waste collection agency operating under license from the City shall be responsible for the collection of solid waste from the designated pickup location to the transport vehicle, provided the solid waste was stored in compliance with the provisions set forth in this Article. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
I. 
Any institution or commercial establishment generating hazardous waste within the City limits shall notify the Director of the type and quantity and the means and frequency of disposal.

Section 235.040 Transportation of Solid Waste.

[CC 1989 §11-39; Ord. No. 1241 §2(6.04), 12-12-1988]
A. 
All transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be so constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
B. 
Permits shall not be required for the removal, hauling or disposal of earth and rock materials from grading or excavation activities, however, all such materials shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right-of-way.
C. 
Demolition and construction wastes shall be transported to a disposal area as provided in Section 235.050(A). A permit shall not be required for the hauling of demolition and construction waste; however, all such material shall be conveyed in tight vehicles, trucks, or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right-of-way.

Section 235.050 Disposal.

[CC 1989 §11-40; Ord. No. 1241 §2(6.05), 12-12-1988; Ord. No. 1461 §3, 1-14-1991]
A. 
Solid wastes shall be deposited at a processing facility or disposal area complying with all requirements of the State Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and the rules and regulations adopted thereunder.
B. 
Hazardous wastes under the provisions of this Article will require special handling and shall be disposed of only in a manner authorized by State regulations.
C. 
Recyclable solid waste materials shall be sold or disposed of by the waste collectors only for reuse or for processing and reuse.

Section 235.060 Rules and Regulations.

[CC 1989 §11-41; Ord. No. 1241 §2(6.07), 12-12-1988; Ord. No. 1461 §4, 1-14-1991]
A. 
The Director shall make, amend, revoke, and enforce reasonable rules and regulations, governing, but not limited to:
1. 
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
2. 
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
3. 
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
4. 
Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.
5. 
Storage of solid waste in solid waste containers.
6. 
Sanitation, maintenance and replacement of solid waste containers.
7. 
Schedules of and routes for collection and transportation of solid waste.
8. 
Collection points of residential and/or commercial solid waste containers.
9. 
Collection, transportation, processing and disposal of solid waste.
10. 
Handling of special wastes such as sludges, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
11. 
Police check of all listed employees and the employee's right to work in the City.
12. 
Regulations requiring periodic reports from waste collectors regarding the collection and disposal of recyclable solid waste.

Section 235.070 Prohibited Practices. [1]

[CC 1989 §11-42; Ord. No. 1241 §2(6.08), 12-12-1988; Ord. No. 3415 §4, 3-13-2009]
A. 
It shall be unlawful to:
1. 
Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge for solid waste collection and disposal.
2. 
Fail to have solid waste collected as provided in this Article.
3. 
Interfere in any manner with solid waste collectors in the lawful performance of their duties and operating under license from the City.
4. 
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
5. 
Dispose of solid waste at any facility or location which is not approved by the State Department of Natural Resources.
6. 
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City or operate under an expired permit, or operate after a permit has been suspended or revoked.
7. 
Any hauler of solid waste or recyclable material that provides or requires curb side pickup in a subdivision that does not opt-out from the rear yard pickup requirements of this Article shall be in violation of this Section and shall be cited per address of each violation. Violation can be used for grounds to suspend or revoke a hauler's permit.
8. 
Any hauler of solid waste or recyclable material that provides or requires curb side pickup to a residence on a major road without a waiver for such service issued by the Director of Public Works shall be in violation of this Section.
9. 
Any person residing in a dwelling who places solid waste or recyclable material in a subdivision that does not opt-out from the rear yard pickup requirements of this Article or on a major road without a waiver for such service issued shall be in violation of this Section.
10. 
Violate any Section of this Article or any other rule or regulation promulgated under the authority of Section 235.060.
B. 
The system of services established by the provisions of this Article is designed as an integral part of the City's program of health and sanitation.
[1]
Cross Reference — Burning materials producing offensive gases, odors, etc., deemed a nuisance, §215.030(2).

Section 235.080 Penalties For Violation of Article.

[CC 1989 §11-43; Ord. No. 1241 §2(6.09), 12-12-1988]
Any person violating any of the provisions of this Article, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
[1]
Cross Reference — Licenses generally, ch. 605 et seq.

Section 235.090 Required Generally — Exceptions.

[CC 1989 §11-51; Ord. No. 1241 §2(6.06(A)(1)), 12-12-1988]
A. 
Any person in the residential waste collection business or desiring to enter into the waste collection business within the City must have a valid waste collection license issued by the Director, upon approval by the Board of Aldermen. Employees of a waste collection licensee need not be individually licensed.
B. 
A waste collection license is not required for the removal, transportation or disposal of earth and rock material for grading or excavation activities. However, all such material shall be transported and/or conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon public rights-of-way.
C. 
A waste collection license is not required for the removal, transportation or disposal of demolition and construction wastes. Demolition and construction wastes shall be transported to a disposal area as provided in Section 235.050(A). All demolition and construction wastes shall be transported and/or conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill on public rights-of-way.

Section 235.100 Application.

[CC 1989 §11-52; Ord. No. 1241 §2(6.06(A)(2)), 12-12-1988; Ord. No. 1461 §5, 1-14-1991]
A. 
The City Clerk shall provide an application form for waste collection licenses. The form shall call for the following information:
1. 
Name of corporation, partnership, association, or person ("applicant") applying for a waste collection license.
2. 
For corporations, partnerships or other associations, the names and addresses of each principal officer, partner, owner or associate, who owns an interest of ten percent (10%) or more.
3. 
The nature of the activity or activities for which the waste collection license is desired, including storage, collection, transportation, processing or disposal of solid wastes.
4. 
The characteristics of the solid waste to be stored, collected, transported, processed and/or disposed of. The applicant must specify whether the proposed activities will involve a commercial solid waste, residential solid waste or both.
5. 
The type of equipment to be used within the City by or on behalf of the applicant.
6. 
The number of solid waste collection and/or transportation vehicles to be operated by or on behalf of the applicant.
7. 
The recyclable solid waste which the applicant shall pickup and the manner in which the applicant shall ensure that such material is reused.
8. 
The precise location or locations of solid waste processing or disposal facilities to be used.
9. 
The insurance information required by Section 235.130 herein.
10. 
The names and addresses of employees, agents and/or servants of the applicant who will solicit, drive or perform work or labor for the applicant within the City.
11. 
Date of inspection and approval of waste collection equipment by the Chief of Police or his/her designee.
12. 
Such other information required by the Director.

Section 235.110 Application Fee.

[CC 1989 §11-53; Ord. No. 1241 §2(6.06(A)(3)), 12-12-1988]
The applicant must pay a twenty-five dollar ($25.00) application processing fee when the waste collection license application form is submitted to the City Clerk.

Section 235.120 Inspection of Waste Collection Equipment.

[CC 1989 §11-54; Ord. No. 1241 §2(6.06(A)(4)), 12-12-1988]
The applicant shall request in writing inspection of all waste collection and/or transportation equipment to be used by or on behalf of the applicant within the City. Within thirty (30) days of receipt by the City of an applicant's written request for inspection of waste collection and/or transportation equipment, the Chief of Police or his/her designee shall inspect the applicant's waste collection and/or transportation equipment and determine whether that equipment satisfies the minimum standards for waste collection and/or transportation equipment under Section 235.170 herein. If the equipment satisfies those standards, the Chief of Police or his/her designee shall notify the Director and the City Clerk. If the equipment fails to satisfy those standards, the Chief of Police or his/her designee shall notify the applicant and, upon request, provide a written explanation of the reasons for denial of approval.

Section 235.130 Insurance Required.

[CC 1989 §11-55; Ord. No. 1241 §2(6.06(A)(5)), 12-12-1988]
A. 
Prior to issuance of a waste collection license by the City each applicant shall furnish the following:
1. 
Employer's liability. Evidence that with respect to the operations the applicant performs, he/she carries either employer's liability or Worker's Compensation insurance, or is qualified as a self-insured, under State laws relating to Worker's Compensation.
2. 
Bodily injury liability and property damage liability insurance.
a. 
Evidence that with respect to the operations the applicant performs, he/she carries regular bodily injury liability insurance providing for a limit of not less than five hundred thousand dollars ($500,000.00) for damages arising out of bodily injuries to or death of one (1) person, and subject to that limit for each person, a total limit of one million dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two (2) or more persons in any one (1) accident, and regular property damage liability insurance providing for a limit of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident, and, subject to that limit per accident, a total or aggregate limit of two hundred fifty thousand dollars ($250,000.00) for all damages arising out of injury to or destruction of property during the policy period.
b. 
Policy requirements shall be such that insurance provided in compliance with bodily injury and property damage liability insurance shall cover liability of the insured for damage because of bodily injury to or death of persons and injury to or destruction of property which may be suffered by persons other than his/her own employees as a result of the negligence of the insured in performing the work covered by this permit. Policy requirements shall also be such that insurance provided in compliance with property damage liability insurance shall include liability of the insured for damage to or destruction of property which may be suffered by persons other than his/her own employees as a result of unusual operations of the insured in performing the work covered by his/her permit.
c. 
If any part of the work is sublet, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations.
3. 
Protective bodily injury liability and property damage liability insurance. Evidence with respect to the operations performed for the applicant by subcontractors, he/she carries in his/her own behalf regular protective bodily injury liability insurance providing for a limit of not less than five hundred thousand dollars ($500,000.00) for all damages arising out of bodily injuries to or death of one (1) person, and, subject to that limit for each person, a total limit of one million dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two (2) or more persons in any one (1) accident, and regular protective property damage liability insurance providing for a limit of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident, and, subject to that limit per accident, a total or aggregate limit of two hundred fifty thousand dollars ($250,000.00) for all damages arising out of injury to or destruction of property during the policy period.
4. 
Other insurance requirements.
a. 
Any insurance policy required as specified hereinbefore, if written by an insurance company organized in a State other than Missouri, shall be countersigned by a State resident agent of such company. Any certificate or other evidence of insurance, submitted to the City, shall be in a form acceptable to the City. In the case of policies written by companies organized in a State other than Missouri, the certificate of insurance, or other evidence submitted, shall be countersigned by a State resident agent.
b. 
A certificate of insurance acceptable to the City shall be filed with the City prior to issuance of a permit. These certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty (30) days' prior notice has been given to the City.
5. 
Personal liability of public officials. The insured and its surety shall indemnify and save the City and all of its officers, agents and employees harmless from all suits, actions, including costs of defense, or claims of any character, name, and description brought for or on account of any injuries or damages received or sustained by any persons or property, by or from the insured, or by or in consequence of any neglect in safeguarding the work, or through the use of unacceptable supplies in performance of the work, or by or on account of any act or omission, neglect, or misconduct of the insured, or by or on account of any claims or amounts recovered for any infringement of patent, trademark or copyright, or from any claims or amounts arising or recovered under the Worker's Compensation law or any other law, bylaw, ordinance, order or decree. The City may retain from any monies due or to become due to the contractor such sum or sums as shall be deemed necessary to protect the City's interest until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect known to the City.

Section 235.140 Approval By Board of Aldermen.

[CC 1989 §11-56; Ord. No. 1241 §2(6.06(A) (6)), 12-12-1988; Ord. No. 1461 §6, 1-14-1991]
A. 
Once the City Clerk determines an application for waste collection license is complete, the application fee has been paid, and the Chief of Police or his/her designee has inspected and approved waste collection and/or hauling equipment to be used by or on behalf of the applicant, the City Clerk shall place the application on the agenda for the next regularly scheduled Board of Aldermen meeting.
B. 
The Board of Aldermen shall not approve the issuance of a waste collector's license unless the applicant for such license agrees to provide for the collection of recyclable solid waste from residential property consistent with these ordinances.

Section 235.150 Renewal.

[CC 1989 §11-57; Ord. No. 1241 §2(6.06(B)), 12-12-1988]
Waste collection licenses must be renewed annually. A new application form need not be completed if the information on the application or an amended application remains the same, or if the Board of Aldermen has not notified the licensee of an intent not to renew the license. A renewal fee of twenty-five dollars ($25.00) shall be paid to the City Clerk. The Board of Aldermen can notify an applicant of an intent not to renew an existing waste collection license at any time during the term of the existing license.

Section 235.160 Amendment of License.

[CC 1989 §11-58; Ord. No. 1241 §2(6.06(C)), 12-12-1988]
Any change in information required by the applicant, including ownership or address of the applicant, must be communicated immediately to the City Clerk. If the equipment to be used by the applicant is changed, the Chief of Police or his/her designee must inspect the equipment in the same manner as set forth in Section 235.120. Failure to notify the City Clerk of changes may result in a suspension of the waste collection license not to exceed fourteen (14) days and/or a request that the license be revoked.

Section 235.170 Minimum Standards For Waste Collection and/or Transportation Equipment and Personnel.

[CC 1989 §11-59; Ord. No. 1241 §2(6.06(D)), 12-12-1988]
A. 
Any vehicle used by a waste collection licensee within the City shall have a metal, non-leaking, watertight covered body designed and operated so as to reduce to a practical minimum any leaking, spilling, or scattering of fluid, solids or other materials being transported or collected. Covers shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure whenever a vehicle is transporting solid waste. Alternatively, the entire bodies of solid waste collection vehicles shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in loading hoppers.
B. 
All waste collection license vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated so as to prevent spillage of solid waste.
C. 
Any vehicle used by a waste collection licensee shall also satisfy all applicable Federal and State minimum safety and licensing requirements.
D. 
Employees, agents or other personnel of a waste collection and/or hauling licensee shall be required, to the extent possible, to prevent leaking, spilling and/or scattering of fluid, solids or other waste material from the waste collection and/or hauling equipment or customers' containers while waste collection or hauling is in progress. In the event such leakage, spilling and/or scattering occurs, the employees, agents or other personnel of the licensee shall immediately gather and clean up the streets and/or private grounds affected.

Section 235.180 Prohibition On Assignment of Waste Collection License or Subcontracting of Work To Be Conducted Pursuant To Waste Collection License.

[CC 1989 §11-60; Ord. No. 1241 §2(6.06(E)), 12-12-1988]
No licensee may assign a waste collection license or subcontract work to be performed pursuant to a waste collection license issued by the City without prior approval of the Board of Aldermen.

Section 235.190 Compliance.

[CC 1989 §11-61; Ord. No. 1241 §2(6.06(F)), 12-12-1988]
A. 
In order to ensure compliance with the laws of this State, this Article and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Article, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State, the Director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
B. 
In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend the license involved in the violation; however, in those cases where an extension of time will permit correction and there is not public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
C. 
The Director may suspend a waste collection license for non-compliance with any provision of this Article in accordance with Section 235.200.
D. 
In the event a permit is suspended or revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Article or any rule or regulation promulgated thereunder. In any such action, the Court may grant the City such prohibitory or mandatory injunctive relief as the facts may warrant.

Section 235.200 Termination or Revocation.

[CC 1989 §11-62; Ord. No. 1241 §2(6.06(G)), 12-12-1988]
A. 
The Board of Aldermen may notify a waste collection licensee of an intention not to renew its existing license at any time.
B. 
An existing waste collection license may be suspended by the Director, upon finding a material violation of this Article. The period of such suspension shall not exceed fourteen (14) days. Upon suspending an existing waste collection license, the matter shall be placed on the agenda for the next regularly scheduled meeting of the Board of Aldermen. The licensee shall be notified of the hearing in writing. The Board of Aldermen shall then determine whether there has been a material violation of this Article. Upon finding such a material violation, the Board may revoke license and/or refer the matter to the City Prosecutor for prosecution in the court with appropriate jurisdiction. Any licensee, or the agents, employees or other personnel of a licensee, may, in addition to or in substitution for having its license revoked, be fined, imprisoned or both.