For the purpose of the ordinance codified in this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words used in the plural number include the singular number, and words used in the singular number include the plural number:
"City"
means the city of La Habra, a municipal corporation of the state of California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
"Collection"
means the operation of gathering together and transporting of refuse to the point of disposal.
"Council"
means the present governing body of the city or any future board constituting the legislative body of the city.
"Director of public works"
means the director of public works of the city or duly authorized representatives.
"Franchise"
means and includes any authorizations granted under this chapter in terms of a franchise, privilege, permit, license, or otherwise, to collect and transport commercial, industrial and residential refuse in the city.
"Grantee"
means the person, firm or corporation to whom or which a franchise as defined in subsection E of this section is granted by the council under this chapter and the lawful successor, transferee, or assignee of the person, firm or corporation.
"Gross annual receipts"
means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for collection of refuse. Gross annual receipts shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.
"Property of grantee"
means all property owned, installed or used by a grantee in the conduct of refuse collection under the authority of a franchise granted pursuant to this chapter.
"Refuse"
means and includes table refuse, swill, offal, and every accumulation of animal, vegetable and other matters, consumption decay, dealing in or storage of meats, fish, fowls, fruits, vegetables or other food, all commercial or industrial waste from or intended for use as food and all vegetable trimmings from markets or stores, including paper, pasteboard, magazines, books, rags, rubber, carpets, boots, shoes, hats, straw, packing boxes and cartons, crates, packing material, broken crockery, broken glass, ashes, cinders, shells, bottles, tin cans, metals and other kind of rubbish, trash or waste materials which normally accumulates in the operation of commercial or industrial establishments and generated by residential use.
"Refuse bin"
means a steel container, having wheels and a steel and hinged lid, of one and one-half cubic yards to three cubic yards in size. All bins shall have the name, address and phone number of the owner legibly painted on at least one side.
"Subscriber"
means any person or entity receiving the refuse collection services of the grantee.
(Ord. 787 § 1, 1970; Ord. 1723 §§ 1, 2, 2011)
An exclusive or nonexclusive franchise to collect commercial, industrial and/or residential refuse within any or all portions of the city may be granted by the council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such collection under and pursuant to the terms and provisions of this chapter.
(Ord. 787 § 1, 1970; Ord. 1723 § 3, 2011)
From and after January 1, 1971, it is unlawful for any person to establish, operate or to carry on the business of refuse collection unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(Ord. 787 § 1, 1970)
This chapter does not require a franchise for the hauling or disposal of grass cuttings, prunings, manure, or other rubbish, not containing garbage, to or at a legal place of disposal as a part of gardening, landscaping or lot cleaning.
(Ord. 787 § 1, 1970)
A. 
Application for a franchise under this chapter shall be in writing and accompanied by an application fee as set by resolution, shall be filed with the city clerk and shall contain the following information:
1. 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies;
2. 
A statement or schedule, in a form approved by the director of public works, of proposed rates and charges to subscribers for services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of cost of labor required by the grantee;
3. 
A statement setting forth all agreements and understandings, whether written or oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise of the proposed refuse collection operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;
4. 
A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant's financial status and his or her financial ability to perform the collection;
5. 
The council may at any time demand, and applicant shall provide, such supplementary, additional, or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.
B. 
Upon consideration of any such application, the council may refuse to grant the requested franchise or the council may, by ordinance, grant a franchise for refuse collection to any such applicant as may appear from the application to be, in its opinion, best qualified to render proper and efficient service to subscribers in the city. The council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
C. 
Any franchise granted pursuant to this chapter shall include the following condition:
The refuse condition herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of La Habra and no other purpose whatsoever.
Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.
(Ord. 787 § 1, 1970; Ord. 1213 §§ 2, 3, 1983)
Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the council may, as its option, waive compliance with any or all of the requirements of Section 5.44.050.
(Ord. 787 § 1, 1970)
A. 
No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this ordinance are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such franchise granted under this chapter. In the event any of such things are not done and completed in the time and manner required, the council may declare the franchise null and void.
B. 
Within thirty days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize the grantee shall file with the city clerk his or her written acceptance, in form satisfactory to the city attorney, of the franchise, including a two hundred dollar fee, together with the bond and insurance policies required by Section 5.44.140, and his or her agreement to be bound by and to comply with and do all things required of him or her by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall be in form and content satisfactory to and approved by the city attorney.
(Ord. 787 § 1, 1970)
A. 
No franchise granted by the council under this chapter shall be for a term longer than ten years following the date of acceptance of such franchise by the grantee or the renewal thereof.
B. 
Any such franchise granted under this chapter may be terminated prior to its date of expiration by the council, in the event that the council shall have found, after ninety days' notice of any proposed termination and public hearing that:
1. 
The grantee has failed to comply with any provision of this chapter or has, by act or omission, violated any term of condition of any franchise or permit issued under this chapter; or
2. 
Any provision of this chapter has become invalid or unenforceable, and that council further finds that such provision further constitutes a consideration material to the grant of the franchise.
(Ord. 787 § 1, 1970; Ord. 1712 § 1, 2010)
A. 
Any grantee granted a franchise under this chapter shall pay to the city during the life of such franchise a fee as set forth from time to time by resolution of the city council.
B. 
Within sixty days of the end of each calendar year, any grantee granted a franchise under this chapter shall file with the city a verified statement of its gross annual receipts derived from all of the grantee's operations within the city pursuant to the franchise.
(Ord. 1656, 2005)
A. 
No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
B. 
Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot, in any event, be sold, transferred, leased, assigned or disposed of in whole or in part, either by force or involuntary sale or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the city expressed by resolution, and then only under such conditions as may herein be prescribed. However, no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.
C. 
Time shall be of the essence of any franchise granted under this chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.
D. 
Any right or power in, or duty impressed upon, any officer, employee, department or board of the city shall be subject to transfer by the city to any other officer, employee, department or board of the city.
E. 
The grantee shall have no recourse whatsoever against the city for loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.
F. 
The grantee shall be subject to all requirements of city ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.
G. 
Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee or any successor to any interest of grantee in the city; and the acceptance of any franchise hereunder shall operate as between the grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city, to the effect that, as between the grantee and the city, any and all operation by a grantee of any commercial and industrial refuse collection in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
H. 
The grantee shall maintain an office within the city limits or at a location where subscribers may call without incurring added message or toll charges so that refuse collection service shall be promptly available to subscribers.
I. 
No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable fees or monthly service charges.
(Ord. 787 § 1, 1970)
A. 
Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of collecting commercial, industrial and/or residential refuse in the city, and for the purpose of transporting the refuse, to travel upon the streets, alleys, and public ways and places now laid out or dedicated and all extensions thereof and additions thereto in the city.
B. 
The right to use the streets, alleys, and public ways and places for the purposes set forth may be exclusive or nonexclusive and the city reserves the right to grant a similar use of the streets, alleys, public ways and places to any person at any time.
C. 
The grantee shall at all times during the life of its franchise, be subject to all lawful exercise of the police power by the city and to such reasonable regulation as the city shall hereafter, by resolution or ordinance, provide.
(Ord. 787 § 1, 1970; Ord. 1723 § 4, 2011)
A. 
There is reserved to the city every right and power which is required to be herein reserved or provided by any ordinance of the city, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.
B. 
Neither the grant of any franchise under this chapter nor any of the provisions contained herein shall be construed to prevent the city from granting any identical or similar franchise to any person, firm or corporation within all or any portion of the city.
C. 
There is reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of operation, maintenance, or otherwise, on the part of the grantee.
D. 
Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.
E. 
The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any questions of fact which may arise during the existence of any franchise granted under this chapter. The director of public works is authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operation of any grantee under this chapter, either on behalf of the city, the grantee or any subscriber in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the director of public works may appeal the matter to the council for hearing and determination. The council may adjust, settle or compromise any controversy or cancel any charge arising from any provision of this chapter.
F. 
At the time of the granting of any franchise, the city council may establish or approve all rates and charges allowable to grantee, and no such rates or charges shall be increased at any time after the granting of a franchise, except by authority of the council and upon written request of the grantee.
(Ord. 787 § 1, 1970)
A. 
The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, file with the city clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond, in a company and in a form approved by the city attorney, in the amount of ten thousand dollars, renewable annually, and conditioned upon the faithful performance of grantee, and upon further condition that in the event grantee shall fail to comply with one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of compensation indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that sixty days prior written notice of intention not to renew, cancellation, or material change be given to the city.
B. 
Neither the provisions of this section nor any bond accepted by the city pursuant thereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.
(Ord. 787 § 1, 1970)
A. 
Indemnification. The grantee shall indemnify and hold harmless the city, its officers, bodies, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merit of same, arising out of or related to the exercise or enjoyment of any refuse collection franchise granted pursuant to the provisions of this chapter, regardless of any claimed or actual contributory negligence or conduct of any such indemnitee, and including, without affecting the scope of the foregoing, and not limited to claims, demands, actions, liabilities and judgments based upon unfair competition or alleged unfair competition or any infringement or violation, and grantee shall reimburse the city and any other such indemnitee for any costs and expenses incurred by them in defending against any such claim or demand or action, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expenses, travel and living expenses; and grantee shall, upon demand of the city or any other such indemnitee, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative or otherwise, brought by third persons or duly constituted authorities against or affecting the city, its officers, boards, commissions, agents or employees and arising out of or related to the exercise or enjoyment of such franchise, or the granting thereof by the city; the foregoing obligation shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking, or other security required hereunder; provided, that neither grantee nor city shall make or enter into any compromise or settlement of any claim, demand, action or suit without first giving the other ten days prior written notice of its intention to do so.
B. 
Upon acceptance of such franchise the grantee shall file with the city clerk and shall thereafter, during the entire term of such franchise, maintain in full force and effect, at its own expense, a general com-prehensive liability insurance policy or policies which shall insure grantee and provide primary coverage for the city, its officers, boards, commissions, agents and employees, against liability for loss or liability for personal injury, death, property damage (both automobile and nonautomobile caused), or other damages. Such policy or policies shall include insurance against damages from unfair competition, copyright, infringement (common law or statutory), and a failure of grantee to secure consents (etc.) occasioned by any activity or operation of grantee under such franchise and regardless of any claimed or actual activities of city, its officers, boards, commissions, agents and employees. The city council, in any franchise granted, may waive the requirement for insurance from one or more perils mentioned in the last preceding sentence upon a finding that such insurance cannot be procured or cannot be procured at a reasonable cost, and in connection therewith may reduce the otherwise required limits on coverage hereafter set forth. Such policy shall contain the standard cross-liability endorsement. Such policy or policies shall be issued by a company approved by the director of public works and shall be in a form approved by the city attorney, with a public liability policy with five million dollars and ten million dollars limits and a property damage insurance policy of five hundred thousand dollars for the benefit of third persons who may be injured or damaged as a result of the operations of the grantee. The policies shall name the city, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of the policy shall be delivered to the city clerk thirty days in advance of the effective date thereof. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this subsection has been delivered to the city clerk. Any substitute policy or policies shall be subject to the same approvals and shall comply with all the provisions of this subsection.
(Ord. 787 § 1, 1970; Ord. 1257, 1986)
A. 
At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
B. 
The grantee shall prepare and furnish to the director of public works, at the times and in the form prescribed by said officer, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.
C. 
The grantee shall keep up-to-date records at all times of establishments served, number of containers, number of weekly pickups, and other such information as may be required by the city. Such records shall be available to the city upon demand.
(Ord. 787 § 1, 1970)
A. 
Any equipment used by the grantee shall be approved by the director of public works. Trucks shall not be used which are older than five years. Trucks shall be painted with the firm name in three-inch-high letters on the sides and shall be numbered.
B. 
No material shall be permitted to leak, fall or be spilled from trucks or bins. Any such leakage or spills shall be immediately corrected and the area involved cleaned of all refuse. Each truck shall be equipped with a shovel and broom for this purpose.
C. 
Bodies of all trucks shall be constructed of metal and shall be watertight so that no material can leak from the bodies. Truck bodies shall be closed when the vehicles are being used to transport their contents to the place of disposal.
D. 
Collections shall be made as quietly as possible and any unnecessarily noisy trucks or equipment shall not be used.
E. 
When economically feasible devices become available for reducing the noise normally associated with refuse collection, such as rubber fittings and bumpers, the city may require grantee to use them, and otherwise reasonably require grantee to operate within certain noise levels to be established in the future.
F. 
Trucks must conform to all vehicle code requirements. Substandard trucks shall not be allowed to operate in the city until repaired. The grantee's trucks shall be inspected by the city at least every six months. More inspections may be required at the direction of the director of public works.
G. 
Bins shall be metal with lids and wheels. All bins shall be painted at least once a year and steamcleaned upon need at the discretion of the director of public works.
(Ord. 787 § 1, 1970)
A. 
The grantee shall furnish all services, labor, materials and equipment necessary for the collection of commercial and industrial refuse within the present or future city limits of the city. The refuse shall be transported to the nearest available county dump to the city, or such other place as may be provided free of cost to the grantee. All duties shall be performed according to the highest standards of the trade.
B. 
Employees of the grantee who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code of this code, in collection, shall be dismissed upon the demand of the director of public works.
C. 
Performance of each of the provisions herein shall be under the direction and supervision of the director of public works.
D. 
Collections shall be required on holidays, except when the county dump is closed. Collection shall not be allowed on Sunday, except upon written approval by the director of public works.
E. 
All trucks shall be cleaned thoroughly at least once each day and shall be disinfected by the use of live steam or a disinfectant approved by the city at least once a week.
F. 
Vehicles shall be operated in a safe manner. All vehicle code requirements shall be followed.
(Ord. 787 § 1, 1970)
The grantee shall receive all service requests and communications from subscribers. Records of all service requests and solution of same shall be kept by the grantee and presented to the city upon demand.
(Ord. 787 § 1, 1970)
The grantee shall not, nor shall he permit his agent or employee to, request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of refuse as defined in this chapter, except such compensation as herein provided.
(Ord. 787 § 1, 1970)
Additional services not included in this chapter may be provided by the grantee on an individual basis. These services and charges therefor shall be subject to the approval of the director of public works.
(Ord. 787 § 1, 1970)