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HomeMy WebLinkAbout2021-06-30-213REGULATIONS AND LICENSING OF COMMERCIAL HAULERS OF REFUSE AND PENALTIES FOR VIOLATIONS. §213.1. Definitions of Terms. A. Refuse. Garbage, rubbish and all other putrescible and non-putrescible wastes, except sewage and water-carried trade wastes. B. Recyclable Materials. Materials as defined in Section 213B(2)(b) C. Commercial Hauler. Any person hauling or arranging for hauling refuse for another for any consideration §213.2. License Required. Any commercial hauler hauling or arranging for hauling refuse within the City of Waukee, Iowa, without first obtaining a license as herein provided shall be in violation of this ordinance. §213.3. Use of Alleys Prohibited. No commercial hauler shall pick up refuse or recyclable materials from any alley within any R-1, R-2, R-3, R-4 or R-5 District in the City of Waukee as defined in the Zoning Ordinance of the City of Waukee, Iowa; provided, however, this ordinance shall not apply to the pick up of refuse from any municipally owned buildings. §213.4. Application for License. An application in writing shall be filed with the City Clerk for a license under this ordinance. Such application shall set forth: (1) the applicant's name, (2) permanent and local address of applicant; (3) business address, if any, of applicant; (4) a description and license number of each vehicle to be used for hauling; and (5) certification from an insurance company authorized to write liability insurance in the State of Iowa, of applicant's insurance as hereinafter set forth. §213.5. Insurance. The Commercial Hauler (hereinafter known as the “Contractor”) shall maintain in full force and effect throughout the term of this Contract and throughout any extension or renewal thereof the following types of insurance in at least the limits specified below: Workers Compensation Statutory General Liability Bodily Injury $ 500,000 each occurrence 1,000,000 aggregate Property Damage 50,000 each occurrence 100,000 aggregate Automobile Liability Bodily Injury and property $ 500,000 each person 500,000 each occurrence Property Damage 50,000 each occurrence Excess Umbrella Coverage $5,000,000 each occurrence All insurance will be by insurers acceptable to the City and authorized to do business in the State of Iowa. Prior to the commencement of work, the Contractor shall furnish the City with certificates of insurance or other satisfactory evidence that such insurance has been produced and is in force. Said policies shall not thereafter be canceled, permitted to expire, or be changed without thirty (30) days advance notice to the City. (Change in umbrella coverage) Ordinance 2342 – March 5, 2001 (Change in coverage and in amounts) Ordinance 2382 – June 17, 2002 §213.6. Renewal. Each license shall expire on January 1, of each year. Every applicant shall be responsible for reapplying each year, showing proof of insurance. §213.7. Fee. A fee of ten (10) dollars will be required to process each application. §213.8. Issuance of License. If the City Clerk finds that the application is made in compliance with this ordinance, the facts stated in said application are correct, and the fee is paid, the Clerk shall issue a license which shall be valid until the liability insurance expires, or December 31, of each year. January 22, 1996 – Ordinance No. 2212 §213.9 Revocation. The license of any applicant shall be revoked upon the conviction of any agent or employee of an applicant for the violation of the Waukee Municipal Code or upon the discovery of any incorrect or mistaken information provide under this Chapter by applicant. February 27, 2006 – Ordinance #2568 §213.10 Disposal Site Requirements. A. Permitted Disposal Sites. No person licensed under this chapter shall haul or cause to be hauled any solid waste material, other than those resulting from construction or demolition activities, to any disposal place or site or area other than the following: 1. Site provided in Section 213A.10 of the Waukee Municipal Code. B. Solid Waste Disposal Sites. No person shall operate or permit the operation on his property, of a disposal site in the city for the disposal of solid waste of any kind, and rubble from any source other than construction or demolition activities. February 27, 2006 – Ordinance #2568 May 18, 2009 – Ordinance #2647 §213.11 Collection and Hauling of Waste. A. Protection of Hauling Vehicles. No person shall haul any solid waste or yard waste or banned substances upon the streets, alleys or public places of the city in any manner except in a vehicle or container so equipped as to prevent the blowing or leakage or dropping off of any of the contents on the public streets or ways of the city or private property therein. B. Loading Collection Vehicles or Containers. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned. May 18, 2009 – Ordinance #2647 §213.12 Violation; Penalty. A. It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial or institutional property in the city, or any licensed or unlicensed hauler providing service within the city, to put into or cause to be put into the solid waste collection system any yard waste or tree debris of any size except as separated yard waste or tree debris of any size as provided herein or any banned substances. If any person violates any provisions of this chapter, such person shall, upon conviction, be punished as set forth in Section 103.4 of this code. B. In addition to the provisions set out in this chapter, the city may proceed in law or equity against any person for violation of any section or subsection of this chapter. May 18, 2009 – Ordinance #2647