[Adopted as Ch. 4, Art. 3, of the 1976 Code]
[Amended 10-19-1993 by Ord. No. 37-93; 4-3-2007 by Ord. No. 6-07]
A.
It shall be unlawful for any persons, corporations or other legal
entities to collect, haul or convey wastes, refuse, garbage, rubbish,
junk, hazardous waste, or solid waste (as those terms are defined
under the laws of the State of Nebraska) for hire within the incorporated
area of the City without first having procured a license to do so.
B.
Application for a license to collect, haul or convey wastes, refuse,
garbage, rubbish, junk, hazardous waste or solid waste for hire shall
be made to the City Clerk upon blanks furnished by the City Clerk.
Said application blanks shall set forth the name and residence of
the applicant, the business address of the applicant, the ownership
of the vehicle or vehicles to be used, the number and kinds of vehicles
to be used, with a definite description of each such vehicle, and
such other information as may be required to satisfactorily identify
the applicant and vehicles. The applicant shall pay to the City Clerk
the required license fee as hereinafter provided. Before any license
shall be issued, the applicant shall execute and file with the City
Clerk a bond in an amount set from time to time by the City Council
with one or more sufficient sureties thereon to be approved by the
City Council, conditioned that said applicant shall indemnify and
save harmless the City from any damage or injury due to or on account
of the act, neglect, fault or default of such applicant and conditioned
further that such applicant shall comply with all ordinances or regulations
of the City and State of Nebraska regarding the collecting, hauling
or conveying of wastes, refuse, garbage, rubbish, junk, hazardous
waste or solid waste.[1]
C.
It shall be unlawful for any persons, corporations, or other legal
entities licensed under this section, or any other persons, to haul
or convey any solid waste generated within the corporate limits of
the City to any facility or system (as those terms are defined under
state law) with which the City, either alone or in combination with
other cities, villages or counties, has not contracted for the safe
and sanitary disposal of solid waste generated within the City's
jurisdiction area.
D.
All persons, corporations, or other legal entities licensed under
this section shall provide, in addition to services regarding the
collection, hauling, and conveying of solid waste, assistance in providing
services for curbside pick-up of recyclable materials, yard waste,
and discarded appliances.
E.
All persons, corporations, or legal entities licensed under this
section shall cooperate with their customers within the City in finding
outside sources for the collection, hauling, conveying and disposal
of hazardous waste generated within the corporate limits of the City.
[Amended 9-21-1993 by Ord. No. 36-93[1]]
An annual license fee as set from time to time by the City Council
shall be charged for each vehicle used in the collecting, hauling
and conveying of wastes, garbage, rubbish, junk, hazardous waste or
solid waste. All license fees shall be due and payable on January
2 of each year, and all licenses hereunder shall expire on December
31 following issuance.
Any licensee may, upon application to the City Clerk, have a
license transferred from one vehicle to another vehicle upon presentation
of a certificate of approval from the Board of Health showing the
vehicle to which the license is to be transferred meets the requirements
of the Municipal Code regarding hauling of refuse.
It shall be unlawful for any licensed person to collect, haul
or convey refuse and garbage, except during the hours of 6:00 a.m. to
9:00 p.m. during the day on Monday through Saturday of the week. The
restriction as to hours herein provided shall not apply in and to
the area of the Central Business District. The City Council, by resolution,
may change or alter such time and days of collection; provided that
in the event of an emergency requiring the removal of refuse or garbage,
the Street Superintendent may issue a special permit for such purpose,
which permit shall state the period of time during which such hauling
may be done and the date of expiration of such special permit.
A.
Any vehicle used by any licensed garbage collector in collecting
and hauling refuse over the streets of the City after March 1, 1971,
shall comply with the following specifications:
(1)
Shall have a watertight, metal body, fully enclosed. "Watertight,"
as used herein, shall mean so constructed that liquid materials will
not spill or be discharged therefrom between the point of loading
and the designated disposal ground. This shall not prohibit license
holders from having an open truck for the transporting of refuse other
than garbage; provided that said truck is covered by a tarpaulin or
other cover approved by the Board of Health.
(2)
Shall be so constructed as to be readily cleaned.
(3)
Shall be so constructed as to enclose materials carried in it
to prevent them from escaping therefrom while moving through and upon
the streets of the City and to the dumping ground.
B.
All vehicles licensed hereunder shall be kept as clean and presentable
as possible, both inside and outside, at all times. Before making
application for a license as hereinafter provided, the applicant shall
have his vehicle or vehicles inspected by the Board of Health to determine
compliance with the specifications. If such vehicle or vehicles comply
in all respects with the specifications above set forth, the Board
of Health shall issue a certificate of approval for such vehicle,
describing and identifying the vehicle so approved.
[Amended 11-15-1977 by Ord. No. 1103; 9-21-1993 by Ord. No. 35-93]
A.
The license of any person, corporation, or other legal entity licensed to collect, haul or convey waste, refuse, garbage, rubbish, junk, hazardous waste or solid waste within the City may be revoked by the governing body of the City for failure to comply with any of the provisions of this Article II. No revocation of license shall be made except on public hearing before the governing body after notice of such hearing, stating the reasons therefor, to the licensee of the time and date of said hearing by certified or registered mail.
