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.
"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 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
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. 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)
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)