City of Oswego, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oswego: Art. I, 5-12-1980 as Ch. 117 of the 1980 Code; Art. II, 7-12-1993 (Ch. 96 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 153.
[Adopted 5-12-1980 as Ch. 117 of the 1980 Code]
A. 
It is hereby declared to be the public policy of the City of Oswego to preserve, protect and improve its environment and its air, land and water resources in order to promote the health, safety, welfare and comfort of the inhabitants of the city.
B. 
It shall further be the policy of the city to control and minimize air and water pollution and promote the health, safety and welfare of the inhabitants of the city by:
(1) 
Formulating and implementing regulations to reduce the air and water pollution caused by any waste disposal facility.
(2) 
Prohibiting the disposal or storage, in landfills, secured or otherwise, of any hazardous wastes.
C. 
The improper disposal of industrial and chemical wastes and other hazardous substances is resulting in an adverse impact on the health, safety and welfare of the people of the City of Oswego. The need for safe and environmentally sound waste management is especially acute with regard to the incineration or disposal, by burning or by other means, of such wastes.
The following words and phrases, when used in this Article, shall have the meanings ascribed to them in this section:
AIR-CLEANING DEVICE
Any equipment, method or process used with a waste disposal facility to remove, reduce or render less noxious air contaminants and particulate matter discharged by the facility.
AIR CONTAMINANT
A dust, fume, gas, mist, odor, smoke, vapor, noise or any combination thereof.
ALTERED FACILITY
Any waste disposal facility that has been changed, modified, remodeled or has undergone repairs beyond ordinary and reasonable maintenance after the effective date of this Article.
EMERGENCY SITUATION
Any sudden, unexpected or unforeseen condition which poses an immediate threat to the public health, safety or welfare as to require immediate action or a condition which is reasonably believed to require immediate action to enforce the provisions and regulations of this Article.
EXISTING FACILITY
Any waste disposal facility erected prior to the effective date of this Article.
HAZARDOUS WASTE
Any waste or combination of wastes which poses a present or potential hazard to the health and welfare of humans, living organisms or the environment. It includes, but is not limited to, those materials listed in the current 49 CFR 172.
INCINERATION
A controlled combustion or other conversion process to convert waste to a less bulky, less toxic or less noxious form in a facility designed for such use.
NEW FACILITY
Any waste disposal facility erected after the effective date of this Article.
PERSON
Any private individual, partnership, copartnership, firm, company, corporation, association or joint-stock company or other entity and any representative thereof.
POLLUTION
The presence in the environment of one (1) or more conditions or air contaminants formed as a result of a waste disposal process, which are in quantities which are or may be injurious to the public health, safety and welfare and interfere with the comfortable enjoyment of life and property.
TOXIC SUBSTANCE and TOXIC POLLUTANT
Any substance or material which causes or has a tendency to cause harm or adversely affects the health, upon contact with or accumulation in or upon the body, of a person or living organism.
WASTE
Industrial or chemical materials and their by-products intended to be destroyed or otherwise disposed of.
WASTE DISPOSAL FACILITY
Any privately owned building, premises, equipment or other property used for the storage, containment, processing and disposal of wastes. Without limiting the generality of the foregoing, this term shall include privately owned and operated incinerators and similar disposal facilities.
A. 
Permit required. No person shall establish or operate any facility for any method of waste and hazardous waste processing and disposal without having first obtained a permit from the Common Council in accordance with the provisions of this section.
B. 
Violations.
(1) 
A person shall be in violation of this Article if he disposes of any waste or hazardous waste at any place other than a disposal facility for which a permit has been issued by the Common Council.
(2) 
A person shall be in violation of this Article if he allows property or land under his control to be used for the disposal of any waste, hazardous waste or containers for such wastes unless permission for such use has been granted by the Common Council.
(3) 
A person shall be in violation of this Article if he permits or causes the release of toxic pollutants or toxic substances of any kind at any waste disposal facility or upon property or land under his control or occupation.
(4) 
It shall be a violation of this Article to store or dispose of any radioactive waste materials within the City of Oswego.
(5) 
It shall be a violation of this Article to store or dispose of any waste or hazardous waste in any landfill, secured or otherwise.
C. 
Compliance with all regulations required. As of December 31, 1980, no person shall construct, operate or cause to be used any waste disposal facility unless it is capable of being operated in full compliance with the provisions of this Article, in addition to the applicable federal and state regulations. The application for a permit and the permit itself shall both clearly state this condition.
A. 
Permits to establish or operate any waste disposal facility shall be issued by the Common Council in accordance with the provisions of this section.
B. 
Permit applications shall be issued by the office of the City Engineer.
C. 
Contents of application. Application for a permit to establish or operate any waste disposal facility shall be made to the Common Council.
(1) 
The application shall include two (2) sets of:
(a) 
Complete plans and specifications.
(b) 
Design data.
(c) 
Proposed operating procedures.
(d) 
The proposed maintenance and inspection program.
(e) 
The proposed inventory control plan.
(f) 
The proposed spill containment plan.
(g) 
Such other information as may be required by the Common Council.
(2) 
All of the above information shall be prepared by a registered professional engineer of the State of New York.
D. 
Where an environmental quality review is or shall be required by any federal, state or local law, the applicant shall furnish all the necessary information and bear the expense of preparation of any environmental impact statement.
E. 
The City Engineer shall review and consider all permit applications submitted to the Common Council for the operation of waste disposal facilities and, after consideration, recommend, with documentation, to the Common Council that a permit be granted or denied.
F. 
Granting or denial of permit.
(1) 
After receiving the opinion of the City Engineer, the Common Council shall have ninety (90) days to either grant or deny a permit.
(2) 
The application shall be publicly noticed and presented at a public hearing before the Council may render its decision.
(3) 
If an applicant is not granted a permit, he shall be notified, in writing, of the reasons for the denial.
G. 
Evaluation of criteria.
(1) 
In determining whether or not to grant its approval, the City Engineer and the Common Council shall evaluate the proposed facility's design and environmental impact in light of the following criteria:
(a) 
The material handling system and whether the building and equipment are designed for safe and organized receipt and handling of the waste material.
(b) 
In the case of an incinerator, the incinerator components should be designed to assure that proper combustion occurs.
(c) 
Air-pollution control equipment is required for adequate treatment of the exhaust gases before they are emitted to the atmosphere.
(d) 
Water-pollution control equipment is required to adequately treat the scrubber water before it is discharged.
(e) 
Due consideration shall be given to the geological and hydrological character of the proposed site.
(2) 
The Common Council shall issue a permit if, after such review and consideration of the City Engineer's report, it determines that such a facility will be in compliance with the standards and requirements of this Article.
H. 
The issuance of any permit shall be contingent upon the applicant furnishing to the city a bond or other security in the amount of five hundred thousand dollars ($500,000.), naming the City of Oswego as obligee. The condition of the bond or security shall be that, if the principal fails to comply with any of the provisions of this Article or for any reason ceases to operate or abandons the disposal facility, the obligor and the sureties on the bond or security shall reimburse the city, to the extent of the bond or security, for any and all expenses incurred in restoring or dismantling the facility.
I. 
Unless otherwise provided by the Common Council, any permit issued shall be valid for one (1) year, with provision for renewal. The application for renewal shall contain a statement of any changes in the information submitted in the last approved permit application and shall be made, in writing, to the Common Council at least thirty (30) days in advance of the expiration of the permit. If the permit is not renewed, the applicant shall be notified, in writing, of the reasons therefor.
J. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
A. 
No person shall construct or operate any disposal facility which will emit more than five (5) grains per one hundred (100) SCF of particulate matter and which cannot comply with the ambient air quality standards for New York, as set forth in the New York Codes, Rules and Regulations.
B. 
It shall be a violation of this Article to operate any waste disposal facility in such a manner as to allow the emission into the atmosphere of any air contaminants and particulate matter in excess of that allowed by Subsection A or in such quantity as may be detrimental to any person or the public or endangers the health, safety and welfare of the members of the community or which causes or has a tendency to cause damage to property or business.
C. 
No person shall use or cause to be used any disposal facility, unless all components and pollution control devices are connected and are functioning properly.
D. 
The operation of any waste disposal facility equipped with any type of air-cleaning device or other pollution control equipment shall be conditioned upon demonstration and approval of a system for treatment of pollutants and contaminants withdrawn by that equipment.
E. 
No person shall cause, permit or allow any waste or hazardous substance to be handled, transported, stored, incinerated or disposed of in any manner which allows or causes such waste material to leach, leak, run off or enter the land or surrounding waters or waterways, or both.
F. 
All tank and barrel storage areas shall be enclosed by impermeable lined enclosures to ensure the prevention and control of any spills or leakage.
G. 
All waste materials shall be handled and stored in such a manner as not to pose a threat to the health, safety and welfare of humans or other living organisms.
(1) 
No person shall cause or allow the storage of any liquid industrial, chemical or hazardous waste in open pools, lagoons or other means of open containment.
(2) 
All such wastes shall be stored in tanks or upright metal barrels.
(a) 
Barrels and tanks shall be stored and maintained so that they do not tip, spill or leak. In no event shall barrels be stored on top of one another.
(b) 
The number of barrels containing waste material that may be stored on the premises of the incinerator shall be limited to the amount of waste that can be disposed of properly within thirty (30) days.
(c) 
Empty barrels shall not be allowed to accumulate and shall be removed from the premises within thirty (30) days after receipt.
(d) 
All barrels and tanks must be located so as to allow complete visual inspection for leakage and structural integrity.
(e) 
Records shall be kept of the receipt and disposal of each barrel. These shall include the date of receipt and disposition, the name and address of the generator of the waste and a complete description of the contents of said barrel or container.
H. 
No person shall operate any liquid waste incinerator or disposal facility without maintaining a detailed inventory control plan.
(1) 
The owner or operator of the facility shall record the type and quantity of all waste materials received and disposed of.
(2) 
All waste material must be subjected to complete chemical and physical quantitative and qualitative analysis before it is disposed of, and a record of such analyses shall be kept available for inspection by the City Engineer or his representative.
(3) 
The owner or operator shall record and comply with all disposal instructions recommended by the manufacturer or generator of a particular waste material.
I. 
No person shall construct or operate any waste disposal facility without implementation of an inspection and maintenance program.
(1) 
With regard to waste incinerator or similar disposal facility, such a program shall include the following:
(a) 
For barrel dumping and tank unloading area, daily inspection for spills, leaky pump seals or valves and monthly testing of pump high-level control devices.
(b) 
For storage containers, weekly inspection of storage containers for structural defects, leaks or spills and monthly inspection and testing of high-level control and alarms.
(c) 
For pump rooms, daily visual inspection for leaky pump seals and valves.
(d) 
For spill containment structures, weekly inspection of all containment structures.
(e) 
For plant operating areas, visual inspection on each shift of operation, and each inspection must be noted in the plant operation log.
(2) 
All employees of the disposal facility are to be instructed in the proper inspection procedure and cleanup techniques on no less than an annual basis, and records of such instruction shall be made available to the City Engineer or his representative when the facility is operating and at any other reasonable time.
A. 
Inspections.
(1) 
The city shall have the right to inspect private property to determine if a waste disposal facility is operating in compliance with the provisions of this Article.
(2) 
The owner of any waste disposal facility may be, required to conduct emission tests and submit written reports of measured emissions during start-up and at regular intervals thereafter. The cost of such testing shall be borne by the home owner of the disposal facility.
(3) 
Inspection by City Engineer.
(a) 
For the purpose of determining compliance with the provisions of this Article, the owner, operator or authorized representative of any waste disposal facility shall, upon request, grant free access for inspection by the City Engineer or his authorized representative.
(b) 
Before undertaking such an inspection, the Engineer or his authorized representative shall present to the owner, operator or agent in charge of the facility appropriate credentials and a written statement as to the reason for the inspection.
(c) 
Inspections shall be permitted whenever the facility is in operation and at such other times as may be reasonable and necessary in the opinion of the City Engineer or his representative.
(d) 
The City Engineer or his representative shall be permitted to:
[1] 
Inspect and copy all inventory records and log books.
[2] 
Inspect and obtain samples of any wastes on the premises and any containers or labeling for such wastes.
[3] 
Make any other inspections as he may decide is necessary to determine compliance with the provisions of this Article.
B. 
Emergency procedure.
(1) 
When a malfunction or emergency situation at any disposal facility occurs which creates emissions which exceed any of the provisions of this Article or any of the applicable state and federal regulations, the owner and/or operator of the facility shall immediately notify, by telephone, the following:
(a) 
The City Engineer or someone authorized to receive notice in his absence.
(b) 
The State Department of Environmental Conservation.
(c) 
The United States Environmental Protection Agency.
(2) 
Written notice to the above shall follow within twenty-four (24) hours of the occurrence of the malfunction or emergency.
(3) 
If, after having received such notice, the City Engineer finds that continued operation of the disposal facility is contributing to pollution of the air or water, or both, of the city and that such pollution poses a danger to the public health, welfare and safety, he shall order the facility to cease operation.
(4) 
Such an order must be complied with immediately, and, upon issuance of such an order, the Common Council, if requested by the party affected by the order, shall schedule a hearing on the matter within five (5) days.
A. 
Any person who knowingly violates the provision of this Article shall be subject to a fine of one hundred dollars ($100.) or to imprisonment for a period not to exceed three (3) months, or both. Each day of violation shall constitute a separate offense.
B. 
All persons participating or found to have participated in any violation shall be severely liable to the penalties outlined in Subsection A.
C. 
Action pursuant to Subsection A shall not be a bar to enforcement of this Article by injunction or other appropriate remedy. The City Attorney shall have the power to institute and maintain any and all enforcement proceedings.
D. 
Nothing in this Article shall be construed to abridge or limit the right of any person to damages or other relief or account of injury to person or property and to maintain any appropriate action or proceeding therefor.
E. 
Any permit granted under the provisions of this Article may be suspended for not longer than sixty (60) days for violation of any provision of this Article or whenever, in the written and documented opinion of the Common Council, the New York Department of Public Health or the New York Department of Environmental Conservation, the continued operation of any waste disposal facility would endanger the health, welfare or safety of the public. The notice of suspension may be served upon the owner personally or by leaving a copy at the facility with the person in charge.
F. 
Any permit may be revoked at any time for violation of any provision of this Article. Revocation may occur only after the Common Council has held a public hearing at which the owner and other persons interested in the facility shall have had the right to be heard.
G. 
In the case of a suspension, upon written notification from the owner that all violations for which the suspension was invoked have been corrected, the City Engineer or his authorized representatives shall inspect the disposal facility within five (5) working days after receipt of the notice. If it is determined from this inspection that the violations have been corrected, the Common Council shall immediately terminate the suspension by written notice to the owner.
It is hereby declared to be the intention of the governing body that the several provisions of this Article are separable in accordance with the following:
A. 
If any court of competent jurisdiction shall adjudge any provision of this Article to be invalid, such judgment shall not affect any other provisions of this Article not specifically included in the judgment.
B. 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Article to a particular structure, site, facility or operation, such judgment shall not affect the application of the provisions in question to any other structure, site, facility or operation not specifically included in the judgment.
A. 
This Article shall not be construed to relieve any person from any present or future requirement arising from any state or federal law.
B. 
Where the conditions imposed by any provision of this Article are more restrictive than comparable conditions imposed by any other applicable law, ordinance, rule or regulation, the provision which establishes the higher standards for the promotion and protection of the public health, safety and general welfare shall prevail.
For purposes of protecting and providing for the public health, safety and welfare, the governing body may impose additional requirements for the operation of waste disposal facilities, consistent with the intent of this Article.
[Adopted 7-12-1993 by (Ch. 96 of the 1980 Code)]
This Article shall be known as the "City of Oswego Solid Waste Collection Ordinance."
It shall be the duty of the local Police Department to enforce the provisions of this Article.
For the purpose of this Article, the terms used herein are defined as follows:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible materials.
BUILDING DEBRIS
Scrap lumber, concrete, pipe, bricks, plaster and similar materials resulting from building construction, maintenance and alteration.
BULKY WASTES
Large oversize wastes that require special handling for collection and shall include, but not be limited to, furniture, appliances, crates, etc.
BUSINESS
Any individual, association, partnership, firm or corporation having an established business within the City of Oswego.
COLLECTOR
Any individual, association, partnership, firm or corporation in the business of collecting garbage and refuse within the City of Oswego.
CONTRACTOR
Any individual, association, partnership, firm or corporation in any business dealing with construction or the collection of junk; and any individual, association, partnership, firm or corporation which owns a truck which is not licensed for refuse collection.
GARBAGE
All animal and vegetable wastes resulting from the handling, processing, preparation, cooking or consumption of food.
MAJOR HAULER
Any individual, association, partnership, firm or corporation who owns, controls or operates motor vehicles with the intention to haul waste for a fee and operates a vehicle with a gross weight in excess of 18,000 pounds.
[Added 3-8-2004]
MINOR HAULER
Any individual, association, partnership, firm or corporation who owns, controls or operates motor vehicles with the intention to haul waste for a fee and operates a vehicle with a gross weight under 18.000 pounds.
[Added 3-8-2004]
OWNER
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building, house or lot who or which causes, creates or contributes to the origination of refuse or who is responsible for its storage, removal or disposal.
PERSON
Any individual, association, partnership, firm or corporation.
RECYCLABLE MATERIALS
Any and all materials deemed recyclable under Oswego County's Mandatory Recycling Program.
REFUSE and SOLID WASTES
All solid wastes, including, but not limited to, garbage, ashes, rubbish, bulky wastes and building debris.
RESIDENT
Any individual who resides within the City of Oswego.
RUBBISH
Glass, metal, paper, plant and tree growth, wood or nonputrescible solid wastes.
YARD WASTES
Grass (lawn) clippings, other plants, leaves and brush and other tree waste, but does not include stumps.
Waste collection shall comply in every detail to the standards set forth in this Article and with all applicable county, state and national laws. No person shall engage in any form of waste collection operation without obtaining a license from the Common Council.
It shall be unlawful for any person to dump, place, deposit or permit to be deposited upon any public or private property, or upon any street, sidewalk or other public place in the City of Oswego, any garbage, ashes, rubbish, yard wastes, building debris or other objectionable wastes, except as hereinafter provided.
A. 
No person shall make or assist in the making of any fire for the burning of any waste product refuse of any kind, including, but not limited to, garbage, paper, paper products, cartons, tree trimmings, leaves, brush and lawn or garden debris of any kind, at any time in any public street or public place within the City of Oswego.
B. 
No person shall conduct on-site open burning of rubbish generated by residential activities, including, but not limited to, garbage, rubbish, paper, paper products, cartons, tree trimmings, leaves, brush and lawn or garden debris of any kind at any time or any place, including his own property, within the limits of the City of Oswego.
C. 
The Common Council of the City of Oswego may petition the New York State Air Pollution Control Board to designate an area wherein on-site open burning of certain types would be permitted and allowed.
[1]
Editor's Note: Former § 207-17, Preparation of solid waste for collection, as amended, was repealed 8-25-2008 by Res. No. 347. See now Ch. 249, Vacant and Occupied Property Maintenance, § 249-5.
[1]
Editor's Note: Former § 207-18, Approved collection containers, as amended, was repealed 8-25-2008 by Res. No. 347. See now Ch. 249, Vacant and Occupied Property Maintenance, § 249-6A and B.
A. 
No resident shall collect any solid wastes within the city or transport any solid wastes over the streets of the city except those solid wastes originating from the resident's own property.
B. 
All residents who utilize the county landfill for the disposition of their own solid wastes must obtain an annual sticker or punch card issued in accordance with the rules promulgated by the Oswego County Department of Public Works, Solid Waste Division.
[Amended 3-8-2004]
A. 
Licenses required. No collector shall collect any solid wastes within the City or transport any solid wastes over the streets of the City without having first obtaining a license from the City Clerk. Solid wastes originating from the collector’s own property shall be excluded from the licensing requirements.
B. 
Collector’s application for a license. All applications for a collector’s license shall be in writing and shall contain such information as the Common Council shall require and shall be verified by the applicant. Applications for a license shall be obtained at the office of the City Clerk on forms provided by said office. The applicant shall file with his application a certificate or affidavit of insurance as hereinafter set forth and shall play the required license fee. Upon receipt of such application properly executed, the City Clerk shall refer the same to the Common Council for its approval before issuing the license.
C. 
License fee.
(1) 
Each collector, including major haulers, shall be required to pay a license fee of $500 per year.
(2) 
Minor haulers shall be required to pay a license fee of $50 per year.
D. 
Insurance. The certificate or affidavit to be filed with the application shall be executed by the representatives of a duly qualified insurance company evidencing that said insurance company has issued liability and property damage insurance policies covering the following:
(1) 
All operations of the applicant, or any other person, firm or corporation employed by him in solid waste collection within the corporate limits of the City of Oswego.
(2) 
The disposal of such garbage and refuse to and within the designated and approved treatment and/or disposal facility.
(3) 
Protecting the public and any person from injuries or damages sustained by reason of carrying on the work of garbage and refuse collection and disposal.
(4) 
The certificate or affidavit shall specifically evidence the following amounts of insurance coverage which shall remain in effect for the term of the license, name the City of Oswego as additional insured and shall provide that written notice be given to the City Clerk 30 days prior to any change in the conditions of the certificate or expiration or cancellation thereof:
(a) 
Public liability insurance: $1,000,000 per person; $2,000,000 per occurrence.
(b) 
Property damage: $100,000 per accident.
E. 
Inspection by City.
(1) 
Upon notice from the City Clerk that an application has been received, the Common Council shall make or cause to be made an inspection by the Police Chief, or his designee, to determine that all New York State inspection requirements have been complied with and in addition to any and all requirements contained the Solid Waste Collection Ordinance; and if the same meets the requirements herein specified, the Common Council shall file its approval with the City Clerk.
(2) 
Additional inspections or investigations of equipment and operations may be made from time to tin at the discretion of the Police Chief. A violation of the conditions of this article may result in a fine and/or a revocation of the applicant's license as may be determined by the Common Council.
F. 
Issuance of license. Upon receipt of approval from the Common Council, the filing of the proper certificates and affidavits of insurance and the payment of the license fee, the City Clerk shall thereupon issue the applicant a license. All licenses shall expire on December 31 following the date of issue.
G. 
Renewal of license. Renewal licenses shall be issued in the same manner and subject to the same conditions as original licenses and also shall be subject to any additional requirements in effect at the time of application for renewal.
H. 
Issuance of duplicate licenses. Whenever proof by means of a sworn affidavit shall be submitted to the City Clerk that a license issued for the purpose set forth in this article has been lost or destroyed, the City Clerk may, upon payment of $5 by the applicant, issue a new license in lieu of the one that has been lost or destroyed.
I. 
License not transferable. No license issued under this article's provisions shall be transferable.
J. 
Revocation of license. Upon receipt of three or more complaints against a licensee, the Common Council, after a hearing, shall have the power to suspend or revoke a license granted or renewed pursuant to this article for violation of any part of this article or any applicable rules, regulations, codes or ordinances relating to the collection, handling, hauling or disposal of solid wastes.
K. 
Condition of vehicles. All vehicles used in the transportation of solid wastes within the City shall be kept in a sanitary condition and shall be so constructed so as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times be kept covered with an adequate cover. Loading of vehicles shall be done in such a manner as to prevent spilling or loss of contents.
L. 
Frequency of collections. Collection of solid wastes from private residences shall be made not less than once a week. All acceptable wastes in approved containers placed out for collection shall be collected at each pickup. Collections of garbage from stores, hotels, restaurants, clubs, boardinghouses or other commercial establishments must be made on a regular schedule.
M. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection M, Location of collection containers, was repealed 8-25-2008 by Res. No. 347. See now Ch. 249, Vacant and Occupied Property Maintenance, § 249-6C.
N. 
Pickup service. Each waste collection licensee hereunder shall provide an adequate and prompt response to all complaints from patrons on missed service and improper handling and shall promptly furnish the missed service and correct the improper handling. Such service shall be promptly available to service complaints from any City official for material improperly deposited within the limits of the streets or highways during transit.
[Amended 3-8-2004]
License required. No contractor shall collect any solid wastes within the City or transport any solid wastes over the streets of the City without first having obtained a license from the City Clerk and having paid the approved license fee as set forth herein (§  207-20C).
[Amended 3-8-2004]
A. 
Any collector who violates any provision of this article or fails to comply with the orders of the local Police Department shall be liable for a fine not exceeding $500 for a single violation or a failure. Each day during which a violation continues shall be deemed to be a separate and distinct violation.
B. 
Any other person who violates any provision of this article or fails to comply with the orders of the local Police Department shall be liable to a fine not exceeding $100 for a single violation or failure. Each day during which a violation continues shall be deemed to be a separate and distinct violation.