[Amended 9-7-2022 by Ord. No. 4-2022]
A. 
No person or entity shall engage in the business of receiving, collecting or transporting residential or commercial solid waste within the City of Geneva without first obtaining a license to carry on such business from the Clerk of the City of Geneva and paying the fee for such license as set by City Council resolution.
B. 
A person or entity may obtain a license to receive, collect or transport residential solid waste within the City of Geneva and a license to receive, collect or transport commercial solid waste within the City of Geneva as provided in this article.
C. 
Nothing herein contained shall be construed to prevent any person or entity from transporting yard trimmings or brush generated on residential or commercial premises for the purpose of disposal.
[Amended 2-1-1991 by Ord. No. 91-2; 5-3-2017 by Ord. No. 3-2017; 12-6-2017 by Ord. No. 4-2017; 10-6-2021 by Ord. No. 4-2021; 1-5-2022 by Ord. No. 2-2022; 9-7-2022 by Ord. No. 4-2022]
A. 
The City Clerk may issue any number of licenses for collection of residential solid waste in the City. Licenses issued pursuant to this chapter shall be for a period of two calendar years or less, to expire on December 31 of the license period. Said licenses shall be subject to revocation as provided herein. A person or entity licensed to collect residential solid waste, shall pay an annual fee to be determined by City Council resolution.
B. 
The City Clerk may issue any number of licenses for collection of commercial solid waste in the City. Licenses issued pursuant to this chapter shall be for a period of two calendar years or less, to expire on December 31 of the license period. Said licenses shall be subject to revocation as provided herein. A person or entity licensed to collect commercial solid waste, shall pay an annual fee to be determined by City Council resolution.
C. 
The City Clerk may issue one additional license to the operator of the Geneva Resource Recovery Park authorizing the operator to operate a transfer facility that accepts no more than 20 cubic yards of waste per day, excluding mercury-containing products, at the Geneva Resource Recovery Park as defined and governed as an exempt facility by NYSDEC Chapter IV – Quality Services Subchapter B: Solid Wastes, Subpart 362-3, Transfer Facilities. Hazardous household items such as, but not limited to, petroleum products, tires, appliances, are only allowed during special events, with written permission from the City of Geneva Director of Public Works. The license issued pursuant to this subsection shall be for a period of one year or less, subject, however, to the revocation thereof as provided herein. The operator of the Geneva Resource Recovery Park shall pay an annual fee for this license no later than January 31 of each year in an amount to be determined by City Council resolution. The operator of Geneva Resource Recovery Park shall retain the right to renew said license annually unless the license is revoked by City Council, the New York State Department of Environmental Conservation registration is not in effect, or the licensee discontinues operating the Geneva Resource Recovery Park.
D. 
Unless a license for collection of residential or commercial solid waste is revoked by the authority having jurisdiction, or the collecting person or entity discontinues operations in the City for a period greater than 60 days, the licensee shall apply to the City Clerk for renewal of its license for collection of residential or commercial solid waste no later than 60 days prior to the expiration of its current license. A licensee shall have no vested right in renewal of its license, except that in the event the maximum number of licenses described in Subsections A or B have been issued, current license holders in good standing will have the option to renew prior to a license being issued to a previously unlicensed collector.
E. 
Prior to issuing or renewing a license under this chapter, the City Clerk shall review the performance of the applicant. The City Clerk shall notify an applicant or a licensee of its determination issuing or denying an application for issuance or renewal of a license under this chapter in writing, stating the reasons therefor. An applicant or licensee may appeal a determination denying its application for issuance or renewal of its license no later than 30 days of the date it is notified of the determination by filing a written appeal with the office of the City Manager. Determination of the appeal shall be made within 30 days of the date of receipt. A denial of an application for renewal of a license shall be stayed pending determination of the appeal.
F. 
No license shall be required for the collection for the purpose of disposal of yard trimmings or brush generated on residential or commercial premises.
G. 
Any person or entity collecting construction and demolition debris related to a building permit and any person or entity using a “roll off” or other device to collect residential or commercial solid waste or construction or demolition debris, whether or not such activity is associated with a building permit, shall pay a fee to the City Clerk in an amount to be determined by City Council resolution.
[Amended 5-3-2017 by Ord. No. 3-2017]
The licensee shall hold harmless the City of Geneva, its officers and employees, and shall indemnify the City of Geneva, its officers and employees for any claims for damage to property or injury to persons which may maintain such public liability, food products liability, and property damage insurance as will protect the licensee, property owners, and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the license or in connection therewith. Such insurance shall provide general liability coverage with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured the City of Geneva. Such policy shall not terminate or be canceled prior to the completion of the contract without like insurance in place prior to cancellation or termination. Any lapse in coverage will result in immediate suspension of the license, pending proof of current insurance. Proof of insurance shall be provided with the application.
[Amended by Ord. No. 77-1, eff. 3-2-1977; 5-3-2017 by Ord. No. 3-2017; 12-6-2017 by Ord. No. 4-2017]
Every license issued by the City Clerk pursuant to this chapter shall be subject to the following conditions:
A. 
Vehicles used by licensed waste collectors in the collection and transportation of refuse in the City of Geneva shall have a fully enclosed carrier-body to prevent the escape of noxious odors or contents.
B. 
Licensees shall be allowed for dry waste collection open-body type transportation which shall be equipped with eye hooks, cleats or other type holdfast facilities fixed to sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of haul.
C. 
The vehicles used by collectors shall be subject to inspection by the Department of Public Works, as designated by the Director, to ensure that there is compliance with this chapter as to the type of vehicle and the existence of a license on the vehicle.
D. 
All vehicles used by collectors for purposes under this chapter shall have insurance in place for claims of bodily injury and property damage with limits of no less than $1,000,000 per occurrence. Such insurance shall be without prejudice to other coverage. The City of Geneva shall be named as additional insured.
[Amended 9-7-2022 by Ord. No. 4-2022]
E. 
Residential curbside and commercial collection operations in the City of Geneva are permitted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. All haulers are required to specify days of the week for general hauling operations. In situations where pickup days fall on a federal holiday, haulers are permitted to conduct operations one business day prior to or following the scheduled pickup day, provided that no residential collection may be made on Saturday or Sunday. Special pickups are excluded from this allocation.
F. 
Without specific written authorization by the City Manager, all residential and commercial collections must be deposited by permit at the Ontario County Landfill.[1]
[1]
Editor's Note: Former Subsection F was repealed 9-7-2022 by Ord. No. 4-2022. This ordinance redesignated former Subsections G through M as Subsections F through L, respectively.
G. 
Licensees shall not mix any dangerous, harmful or deleterious substances with ordinary ashes, rubbish or trash and shall be responsible for separating any such substances from their loads prior to trucking ashes, rubbish or trash outside the City limits.
H. 
Licensees shall arrange their loads to the fullest extent possible so that such loads are acceptable for disposal in the Ontario County Landfill Site by any authority having jurisdiction over such site.
I. 
Licensees shall certify that they have reviewed and will maintain compliance with all local, state, and federal laws regarding solid waste management, explicitly stating review and compliance with this chapter, the New York State Solid Waste Management Act, General Municipal Law § 120-aa, and any other law deemed appropriate by the authority having jurisdiction (AHJ):
J. 
All licensees must submit a dated fee schedule, which will be posted to the City's website. Any change to the fee schedule must be submitted to the City Clerk prior taking effect.
K. 
Trash/recycling containers.
(1) 
Licensees will provide all customers with containers for both trash and recycling. The City will provide "Landfill" and "Recycling" decals to trash haulers as part of the 2018 license issue. After the date of 2018 licensure, all haulers must affix on all their existing trash toters (containers) the "Landfill" label and on all their existing recycling toters (containers) the "Recycling" label so that these labels can be clearly seen from a distance.
(2) 
After December 31, 2018, any new trash containers provided to customers by the hauler must be clearly marked with a "Landfill" label, and any new recycling containers must be clearly marked with the "Recycling" label similar in design to those provided by the City.
L. 
Violation of any of the foregoing regulations or any other provision of this chapter shall be cause for revocation of the license of any collector holding a license hereunder. The authority having jurisdiction (AHJ) shall have power to revoke any such license for cause shown after public hearing thereon at which the licensee shall have an opportunity to be heard on 10 days' written notice to the licensee, specifying the nature of the violation, the complaint of said violation being in writing and signed by the complainant.