These regulations shall be known as the "Hauling Businesses."
(SCC 1368 § 1, 2007)
Hauling businesses are an integral component of the Sacramento
County community. They provide vital and necessary services, including
the transportation and removal of solid waste products and recycling.
Unethical business practices, deception of the public, criminal conduct,
illegal dumping or conditions which threaten the health and safety
of the community and the environment require regulation of hauling
businesses to protect the health, safety and welfare of the citizens
of this County.
The purposes of this chapter are to insure that hauling businesses
deliver hauling services to the public in a lawful, ethical, safe
and convenient manner for the protection and promotion of the health,
safety, welfare and convenience of citizens of this County.
(SCC 1368 § 1, 2007)
Unless the provision or the context otherwise requires, the definitions set forth in this section govern the construction of this Chapter 4.40.
a.
"Hauling
vehicle" means every motor-propelled vehicle, which is used solely,
mainly or regularly for the hauling of rubbish for compensation over
the public streets of the unincorporated area of the County, irrespective
of whether the operations extend beyond the boundaries of the County.
b.
"Hauling
business" means the practice of owning or possessing an ownership
interest in one or more hauling vehicles or providing direction, management
or control, for the purpose of providing, assisting in the provision
of, or coordinating the provision of hauling services to members of
the general public.
c.
"Rubbish"
means non-putrescible solid waste, including but not limited to materials
such as ashes, cardboard, tin cans, yard waste, wood, glass, bedding,
crockery, plastics and rubber by products.
(SCC 1368 § 1, 2007)
This chapter shall apply to all hauling businesses, including lot, residential or commercial cleaners, rubbish haulers and other similar businesses engaged in rubbish and waste collection within the unincorporated area of Sacramento County and their employees, unless otherwise regulated under Sacramento County Code Chapter 6.20, the Sacramento Regional County Solid Waste Authority or licensed by the Contractor's State License Board.
Except as otherwise specifically provided the provisions of Chapters 4.40 and Chapter 4.10 of this Title 4 shall not apply to the operation of hauling vehicles transporting materials: (i) from a point outside the unincorporated area of the County to a licensed solid waste disposal facility within the unincorporated area of the County; or (ii) en route from a point outside the unincorporated area of the County to a licensed solid waste disposal facility outside the unincorporated area of the County.
(SCC 1368 § 1, 2007)
Except as provided by Section 4.40.020 of this Chapter 4.40, within the unincorporated area of the County: no person shall operate or conduct a hauling business unless under and by authority of a valid, unexpired, and unrevoked Special Business License authorizing such Hauling Business issued pursuant to the provisions of Chapters 4.02, 4.10, and 4.40 of this Title 4.
(SCC 1368 § 1, 2007)
A person who owns or leases as lessee or possesses another ownership
interest in a hauling vehicle and who operates the hauling vehicle
shall be required to qualify for and obtain a Special Business License,
unless the hauling vehicle is covered by a Special Business License
issued to another person.
(SCC 1368 § 1, 2007)
The term of a Special Business License authorizing a hauling shall be as provided in Section 4.02.080 of Chapter 4.02 of this Title 4.
(SCC 1368 § 1, 2007)
It shall be unlawful for any person holding a Special Business
License to operate a hauling vehicle, and unlawful for any person
holding a Special Business License for a Hauling Business to authorize,
direct, or otherwise allow operation of a hauling vehicle, unless
there is carried within the hauling vehicle and presented upon request,
the following:
A copy of the valid, unexpired and unrevoked Special Business
License held by the operator of the hauling business.
(SCC 1368 § 1, 2007)
Pursuant to administrative regulations issued under the provisions of Section 4.02.085, the Sheriff shall be authorized to prohibit specified types and methods of business practices in connection with the provision of hauling business, and impose specific duties, obligations or prohibitions in connection with the provision of hauling services, when the Sheriff determines that such regulations are necessary to protect the public against deceptive, fraudulent, misleading, discriminatory, environmentally harmful or other similar detrimental acts or omissions associated with the delivery of hauling services.
(SCC 1368 § 1, 2007)
It shall be the duty and responsibility of each person who holds
a Special Business License to:
a.
Fully advise and inform all operators of hauling vehicles covered by the Special Business License of the provisions of this Chapter 4.40, any and all administrative regulations issued hereunder, and any and all conditions upon which the Special Business License is issued; and
b.
Direct, control and supervise operators of hauling vehicles covered by the Special Business License for the purpose of identifying, correcting and prohibiting future or repeated violations of the provisions of this Chapter 4.40, any administrative regulations issued hereunder, or any conditions upon which the Special Business License is issued.
(SCC 1368 § 1, 2007)
Each person who holds a Special Business License shall during
the entire term of the Special Business License:
a.
Provide
each customer to whom hauling services are with a receipt which includes
the following information:
1.
The
Special Business License number;
2.
The
hauling business name and phone number;
3.
A
description of the service provided;
4.
The
amount charged for the hauling service;
5.
A
statement that the hauler assumes all responsibility for the proper
processing, recycling or disposal of collected materials;
6.
The
date of the service;
7.
The
signature of the hauling business employee collecting the materials
for hauling.
b.
Maintain
and make available to the Sheriff, or his/her designee, upon request
for inspection, documentation for the prior 30 days showing proper
legal processing, recycling or disposal of the collected materials
at a licensed solid waste disposal facility, recycling facility or
donation center.
(SCC 1368 § 1, 2007)
In addition to the matters prescribed by Section 4.10.030 or 4.10.060, as applicable, an application for a Special Business License, or an application for the renewal of a Special Business License, to engage in hauling business shall contain the following:
A description of the manufacturer, model and model year and
the state vehicle license number for each vehicle to be covered by
the Special Business License.
(SCC 1368 § 1, 2007)
Upon receipt of an application for a Special Business License, or an application for the renewal of a Special Business License, the Sheriff shall conduct such investigation pursuant to Section 4.10.035 or 4.10.060, of Chapter 4.10 of this Title 4, as applicable, and as deemed necessary. The Sheriff shall issue a Special Business License, or renewal, unless the Sheriff finds pursuant to Section 4.10.040 or 4.10.060 of Chapter 4.10 of this Title 4, as applicable, or unless the Sheriff finds in writing any of the following:
c.
The applicant or license holder has failed to comply with any condition, requirement, or prohibition of this chapter; or that there exists any basis established by Chapters 4.02, 4.10, or this Chapter 4.40 of this Title 4 for the denial or revocation of a Special Business License application or renewal, as applicable;
(SCC 1368 § 1, 2007)
Each Special Business License shall have attached thereto a
listing of the state vehicle license number, manufacturer and model
year of each hauling vehicle which the Special Business License covers.
During the term of any such Special Business License, the holder thereof
shall immediately provide in writing to the Tax and License Collector
changes in the list of vehicles to be covered by the Special Business
License.
(SCC 1368 § 1, 2007)
A Special Business License shall be revoked or suspended pursuant to the grounds set forth in Section 4.10.135 of Chapter 4.10 of Title 4 or upon a finding in writing of any other failure of the holder of a Special Business License to comply with any condition, requirement, or prohibition of this Chapter 4.40 or Chapter 4.02 or 4.10 of this Title 4; or, a finding of grounds for denial of the License, or the denial of a renewal, pursuant to Section 4.10.100 of Chapter 4.10, of this Title 4; or a finding made pursuant to Section 4.40.065 of this Chapter 4.40, or a failure to comply with the Sacramento Regional Solid Waste Authority Code, Title 1, Section 1.01.030 or 1.01.040.
(SCC 1368 § 1, 2007)
a.
Commencing on the effective date of the ordinance codified in this section, all Special Business Licenses hauling businesses shall be issued in accordance with the provisions of this Chapter 4.40.
b.
Those Hauling Businesses possessing a Special Business License issued in accordance with this code and Chapter 4.10 prior to the effective date of the ordinance codified in this section shall continue on in full force and effect until their expiration of their current term, at which time their renewal will be subject to the provisions of this Chapter 4.40.
c.
Notwithstanding the provisions of subsection (b), all existing license holders must comply with the requirements of this chapter, including the requirement that all hauling businesses carry a copy of the Special Business License in all hauling vehicles, provide receipts to its customers and retain receipts of disposal from licensed solid waste disposal facilities, within 60 days of the effective date of the ordinance in this section.
(SCC 1368 § 1, 2007)
