[R.O. 2011 § 245.400; R.O. 2009
§ 50.70; Ord. No. 01-201, 9-5-2001]
In addition to any and all other licenses and permits required by this City, no person shall engage in the business of hauling or collecting garbage, rubbish, yard waste or recyclables from business establishments, residences or any other locations unless such person shall first have secured from the Finance Director a hauler's license and a hauler's vehicle license for each individual motor vehicle under the provisions of this Article. No person shall operate a motor vehicle and engage in the aforementioned activities unless said person shall have first secured from the Finance Director a hauler's driver license for each individual driver under the provisions of this Article. Nothing contained in this Article shall be construed to allow a licensed hauler to collect from those locations for which a franchise is required under Sections 245.190 through 245.230 without first obtaining a franchise.
[R.O. 2011 § 245.410; R.O. 2009
§ 50.71; Ord. No. 01-201, 9-5-2001; Ord. No. 08-178, 9-3-2008]
A.
Application to be a licensed hauler shall
be made in writing, signed and sworn by the hauler applicant or by
its duly authorized agent, upon forms provided by the Finance Director.
The application shall contain the full name and residence address
of the applicant, place of business and the business telephone number
of the applicant.
B.
Every licensed hauler shall carry public liability and property damage insurance and Workers' Compensation insurance for its employees with solvent and responsible insurers authorized to transact such insurance in the State and qualified to assume the risk or the amounts hereinafter set forth under the laws of the State, to secure payment of any loss or damage resulting from any occurrence arising out of or caused by the operations of the licensee or use of any of the licensee's vehicles. The public liability and property damage insurance policies shall contain a minimum limit at least one million dollars ($1,000,000.00) per person and five million dollars ($5,000,000.00) per occurrence and shall be maintained throughout the period of licensure. Should any policy be canceled, the City shall be notified in writing of such cancellation at least ten (10) days before the effective cancellation date. Each hauler licensed under this Article shall pay a license fee of fifty dollars ($50.00) as provided in Section 605.160.
C.
If the hauler's license application has
been properly executed and proof of the required insurance has been
presented, the Finance Director shall issue to the applicant a hauler's
license upon payment of the applicable fee.
D.
A hauler's license shall be for a term of one (1) year and shall be renewable annually upon payment of the fee set forth in Subsection (B).
E.
A licensed hauler shall retain in each vehicle licensed pursuant to Section 245.430 a preprinted statement which shall contain the following information:
1.
The full name and address of the
licensed hauler and the number of the hauler's license.
2.
The license number or the vehicle
identification number of the vehicle.
3.
A listing of any and all violations
of this Chapter for which the hauler or the individual driver has
been convicted within the twenty-four (24) months preceding the issuance
of the current hauler's license.
[R.O. 2011 § 245.420; R.O. 2009
§ 50.72; Ord. No. 01-201, 9-5-2001]
A.
Application for a hauler's driver license
shall be made in writing, signed and sworn by the hauler applicant,
upon forms provided by the Finance Director. The application shall
contain the full name and residence address of the applicant, place
of business and the business telephone number of the applicant.
B.
There shall be no license fee charged for
issuance of a hauler's driver license.
C.
If the hauler's driver license application
has been properly executed, the Finance Director shall issue to the
applicant a hauler's driver license upon payment of the applicable
fee and presentation of a valid driver's license issued to the applicant.
The licensee shall carry the hauler's driver license at all times
while engaged in collection or hauling.
[R.O. 2011 § 245.430; R.O. 2009
§ 50.73; Ord. No. 01-201, 9-5-2001]
A.
Application for a hauler's motor vehicle
license shall be made in writing, signed and sworn by the hauler applicant,
upon forms provided by the Finance Director. The application shall
contain the full name and residence address of the applicant, place
of business and the business telephone number of the applicant and
the vehicle identification number.
B.
For each hauler's motor vehicle licensed under this Article the applicant shall pay a license fee of fifty dollars ($50.00) as provided in Section 605.160.
C.
If the hauler's motor vehicle license application
has been properly executed, the Finance Director shall issue to the
applicant a hauler's motor vehicle license upon payment of the applicable
fee, which license shall consist of a sticker emblem designating the
year for which the license is issued and a license number identical
with the number of the application. One (1) side of the emblem shall
be of adhesive material of such strength and composition that the
emblem cannot be removed from the surface to which it is applied without
being mutilated or destroyed. It shall be the duty of the licensee
to affix such emblem in a conspicuous place upon the vehicle for which
the same was issued.
[R.O. 2011 § 245.440; R.O. 2009
§ 50.74; Ord. No. 01-201, 9-5-2001; Ord. No. 07-162, 6-11-2007]
Whenever the Mayor, after due notice and hearing, shall find
any licensee under this Article has violated any of the provisions
of this Chapter, the Mayor may suspend the license for a period not
to exceed six (6) months. If the licensee shall have repeatedly suffered
suspensions under the provisions of this Chapter, the Mayor shall
have the power to revoke the license and the licensee shall not thereafter
be qualified or eligible to hold such a license for period of two
(2) years from the date of revocation. Nothing contained herein shall
be construed to prohibit prosecution in the Municipal Court for violation
of any of the provisions of this Chapter and proceedings under this
Subsection and in the Municipal Court may occur simultaneously.
[R.O. 2011 § 245.450; R.O. 2009
§ 50.99; CC 1981 § 13-119; Ord.
No. 91-187, 9-18-1991]
A.
Any person who violates any provision of this Chapter for which no other penalty is set forth shall be subject to the penalty set forth in Section 100.150.
B.
Any person who violates any of the provisions of the Article set forth in Sections 245.240 et seq. shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment.
