8.15.010 Permit required for refuse service – Exemptions.
A. Except as otherwise provided in this section, no person shall engage in, operate as, or represent himself to the public as one who is in the business of collecting, transporting, disposing, or recycling residential or commercial or industrial refuse, including construction debris, generated within the city unless that person has obtained a valid annual permit from the city pursuant to the provisions of this chapter. Any person found guilty of violating this provision shall be guilty of a Class 3 misdemeanor.
B. The city must have satisfactory evidence that the permit applicant possesses the necessary equipment and qualifications to collect, transport and dispose of residential refuse or commercial or industrial refuse in a manner satisfactory to the city and in conformity with the state or county department of health laws, rules and regulations.
C. Any community, charitable, philanthropic, or similar organization may collect, transport, dispose of, or recycle residential refuse or commercial or industrial refuse without a permit upon approval of the public works director; provided, that no part of the earnings or receipts from such activities inure to the benefit of any private shareholder, individual, or corporation and provided that the organization was not established to circumvent the requirements of this chapter.
D. The permit applicant desiring an annual permit to collect residential refuse or commercial or industrial refuse shall submit to the public works director:
1. An application as set forth in this chapter;
2. A nonrefundable application fee in an amount to be determined by council; and
3. A license bond in an amount to be determined by council.
E. Upon approval of a permit, solid waste permittees shall submit to the public works director a report listing all trucks expected to operate within the city during the term of the permit and financial documentation of expected fee collection during the term of the permit. Within 30 days from the end of each quarter, the solid waste permittee shall submit to the public works director a per-vehicle fee in an amount established by city council or two percent of the gross receipts, whichever is greater. The solid waste permittee shall immediately notify the public works director in the event the expected trucks operated within the city or fee collection as indicated in the report becomes inaccurate. The city may perform an annual audit to establish the permittee’s gross receipts from the collection within the city.
F. Governmental agencies engaged in the collection, transportation, disposal, or recycling of residential refuse or commercial or industrial refuse within the city shall be exempt from the provisions of this chapter.
G. This section shall not be construed to prevent individual property owners from hauling their own refuse from their own premises to a legal point of disposal or recycling.
H. All persons who primarily collect and dispose of or recycle scrap metal, scrap plastic, waste motor oil, human excreta, animal excreta or remains, yard wastes, medical wastes, infectious wastes, hazardous wastes, toxic wastes, or any other similar category of solid waste that either requires a special state, county, or federal permit to handle or constitutes a limited category of waste that the private hauler specializes in collecting shall be exempt from the permit provisions of this chapter. [Res. 21-03; Ord. 21-01 § 2; Code 2004 § 9-51.]