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HomeMy WebLinkAbout1996-01-22-Ordinance 2212_Commercial Refuse HaulerORDINANCE NO.2212 AN ORDINANCE DELETING CHAPTER 213 OF THE MUNICIPAL CODE OF THE CITY OF WAUKEE,AND ENACTING IN LIEU THEREOF AN ORDINANCE PROVIDING FOR THE REGULATION AND LICENSING OF COMMERCIAL HAULERS OF REFUSE IN THE CITY OF WAUKEE,AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF. Section 1.Chapter 213,Waukee Municipal Code,Regulating and Licensing Commercial Haulers of Refuse,is hereby deleted,and the following ordinance is enacted in lieu thereof: Section 2.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 Section 3.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. Section 4.Use of Alleys Prohibited.No commercial hauler shall pick up refuse or recyclable materials from any alley within any R-l ,R-2,R-3,R-4 or R-5 District in the City of Waukee as defmed 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. Section 5.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. Section 6.Insurance.The Commercial Hauler shall maintain in full force and effect throughout the term of the license period the following types of insurance in at least the limits set out herein: Workers Compensation Statutory General Liability Bodily Injury and property damage combined single limit $500,000 each occurrence 1,000,000 aggregate Automobile Liability Bodily Injury and property damage combined single limit $500,000 each accident Excess Umbrella Coverage $1,000,000 each occurrence All insurance will be by insurers acceptable to the City.Said policies shall not thereafter be canceled, permitted to expire,or be changed without thirty (30)days advance notice to the City. Section 7.Renewal.Each license shall expire on January 1,of each year.Every applicant shall be responsible for reapplying each year,showing proof of insurance. Section 8.Fee.A fee often (10)dollars will be required to process each application. Section 9.Issuance of License.If the City Clerk fmds 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. Section 10.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section II.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 12.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the Council this 22nd f}cl n u r..',...\1 ,1996.7 day of January ,1996,and approved this 2,?.iday of MAYOR Attest: Kurt A.Rueckel,Clerk