[Amended 3-5-2013 by Ord. No. 1663]
A.
No person shall engage in the business of collection, hauling or
transporting refuse, including building rubbish, in the City without
first obtaining a license from the City of Papillion.
B.
An application for a license shall be made at the office of the City
Clerk upon a form supplied by the municipality. Said application shall
require all information and documents which the Council deems necessary,
including but not limited to the proposed rates to be charged, to
determine whether or not to grant a license. All licenses are valid
for one calendar year from January 1 to December 31.
C.
An application for a license by a license holder who has been issued
a license in the prior calendar year can only be made in the office
of the City Clerk between November 1 and December 1 of the preceding
year in which the license, if issued, would be valid. Any person,
business or entity which has never been issued a license or which
was not issued a license in the prior calendar year, may submit an
application at any point of time during the calendar year for which
the license would be valid. The license fee shall be set forth by
resolution in the Master Fee Schedule. The City Clerk, upon receiving
a new application as well as all of the required documents, shall
place the application on the next available City Council agenda. The
City Clerk will, at the time of accepting a new application for license,
give notice of the date and time of the hearing. Applicants are expected
to appear at the hearing either in person or by representative.
D.
At the second regular meeting in December, the City Council will
hold hearings on the applications for licenses. The City Clerk will,
at the time of accepting the application for license, give notice
of the date and time of the hearing. Applicants are expected to appear
at the hearing either in person or by representative.
E.
The applicant shall pay to the Clerk the license fee for refuse hauling
at the time of filing the application with the Clerk. Should no license
be issued on such application, the fee shall be refunded to the applicant.
F.
Prior to consideration by the Council, the applicant shall be required
to satisfy the Board of Health requirements that:
G.
If the Council decides to grant the license, the City Clerk will
issue to the applicant said license, which will entitle the applicant
to collect, remove and transport any refuse for a fee in, over or
upon any street or public way in the municipality until the following
December 31, when a new application shall be made and a new license
issued.
H.
Any license so issued shall be subject to revocation by the Council
after proper notice and a hearing if requested by the licensee. The
fee charged for refuse collection shall have been approved by the
Council. Said licensee shall be liable for all bonds, fees and other
rules and regulations set by resolution and/or ordinance of the Council.
I.
All license and/or application fees addressed in this chapter shall be determined by the City Council pursuant to the City's Master Fee Schedule, as authorized by Chapter 175 of the Papillion Municipal Code. If a renewal application is not submitted timely as set forth in this chapter, the application fee shall increase by $50 for each 10 days after the application deadline.
J.
Licenses shall be considered personal to the applicant and shall
not be assignable or transferable in any manner.
A.
All vehicles used for transporting refuse shall be cleaned and disinfected
as often as is necessary to prevent any offensive odors and to avoid
any menace to public health, welfare and safety.
B.
Conveyances for refuse collection shall be equipped with watertight
bodies and provided with tight covers, which shall be in place at
all times except when depositing or removing vehicle contents, except
that the removal of rubbish may take place in conveyances not having
watertight bodies, provided that no wet materials are hauled therein.
C.
All vehicles used for refuse collection shall be motor-driven and
equipped with pneumatic tires.
D.
All vehicles used for refuse collection shall be as sightly as possible
and shall be maintained in a well-repaired condition and operated
in a sanitary condition, subject to inspection by the City Board of
Health without notice.
E.
No vehicle used for refuse collection shall be so overloaded that
refuse spills therefrom. Any refuse spilled upon private premises,
streets or alleys during the process of refuse collection shall be
immediately cleaned up.
F.
A license identification sticker shall be displayed on every vehicle
used for hauling refuse within the City limits of the City of Papillion
and shall be affixed to the driver's side door window, but not
obscuring the field of view of the driver. Upon issuance of the annual
license, the City will supply each licensee with the sufficient stickers
for all vehicles listed on the licensee's application form. During
the license year, the City will supply replacement stickers to the
licensee, on request, within 10 working days from the date of the
request. If the licensee adds a vehicle(s) during the course of the
license year, a request for additional sticker(s) must be accompanied
by an approved City of Papillion updated application. The cost of
the sticker shall be borne by the applicant at the time of application,
and any replacement stickers shall be at the cost of the applicant.
G.
A State of Nebraska Department of Transportation certificate is required
with the City of Papillion application. Vehicle complaints are to
be supplied to the City Council on an annual basis to determine if
the City needs to provide additional inspections from its Fleet Maintenance
Department.
H.
Refuse collectors shall, in writing, guarantee to the City that they
will, on an annual basis, provide a written summary of the volume
of all waste collected, disposed of and/or recycled from the City
of Papillion. A written summary shall be provided to the City Clerk
for each calendar year and shall be due at the time of application.
The waste disposed of and/or recycled shall be measured and reported
to the City by cubic yard, by tonnage or by such other method of measurement
as the City shall direct.
I.
All refuse collector license holders shall offer curbside pickup
of source-separated recyclable materials or compostable yard wastes.
J.
All refuse collector license holders shall implement and utilize
a fee structure that charges no more for the separate removal of source-separated
recyclable materials than is charged for the removal of commingled
waste.
K.
All refuse collector license holders are encouraged to implement
and utilize a fee structure that charges less for the separate removal
of source-separated recyclable materials than for the removal of commingled
waste.
L.
All refuse collector license holders may sell recyclable materials
and retain the proceeds for their own use.
A.
No person shall throw, drop or deposit, or cause to be thrown, dropped
or deposited, on any premises or vacant property in the City, any
waste, including but not limited to garbage, ashes, rubbish, building
rubbish, dead animals, putrescible matter and anything injurious to
health; provided, however, that the prohibitions contained in this
section shall not apply to the deposit of wastes not injurious to
health on a public site where permission to make such a deposit is
granted by the Public Works Department of the City of Papillion or
to the filling in or grading of property with earth, mud, ashes and
similar materials.
B.
No person shall throw, drop or deposit, or cause to be thrown, dropped
or deposited, on any street, avenue, alley, highway, footway, sidewalk,
park, waterway, embankment or any waterway or other public place or
space in the City, any waste, including but not limited to garbage,
rubbish, ashes, building rubbish, dead animals, putrescible matter
and anything injurious to health; provided, however, that the building
rubbish and material used for building, construction, repair, remodeling
and excavating operations may be deposited in the aforesaid places
in accordance with the applicable ordinances or instructions as set
forth by the Council.
C.
If any person, while transporting and hauling or causing to be transported
and hauled such refuse or material, shall throw, drop or deposit,
or cause to be thrown, dropped or deposited, such refuse or material
in violation of the provisions of this section, such person must immediately
clean up and remove such refuse or material in a manner satisfactory
to the Public Works Department of the City, failing which the City
may clean up and remove such refuse or material, and the City may
collect the cost of such cleaning up and removal from such person.
A.
No refuse collector approved pursuant to this article of the Code
of the City of Papillion shall engage in refuse collection activities
within 300 feet of any area zoned residential between the hours of
6:30 p.m. and 6:00 a.m.
B.
The City Council may designate hours of collection in the various
zoning districts.
The license fee shall be set by resolution of the City Council,
payable to the City Treasurer. Said fee shall be deposited to the
general account. To secure the full and faithful performance of each
and every term and condition of refuse collection, a performance bond
in the amount of $25,000 shall be furnished to the City of Papillion
prior to issuance of any license.
A.
Any person who is the president or manager of any firm, corporation,
partnership, sole proprietorship, limited-liability company, or limited-liability
partnership violating any of the prohibitions or provisions of this
article shall be guilty of a misdemeanor and, upon conviction, shall
be fined up to $1,000 by a court of competent jurisdiction. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
B.
Any individual, other than a person described in Subsection A hereof, who violates any of the prohibitions or provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than nor more than $50 by a court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
C.
Separability. If any section, subsection, sentence, clause, phrase,
or portion of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
Each day, or part thereof, on which a violation under this article
continues shall be a separate offense.
