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6415 Refuse Hauler Licensef CONSOLIDATED -SALIVA 1 1 I I ORDINANCE NUMBER t (Published in The Salina Journal `_�.-�'�U �� , 1960 AN ORDINANCE providing for licensing of refuse haulers, regulating equipment, defining terms, and fixing penalties for the violation thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. LICENSE REQUIRED. It shall be unlawful for any person to collect, transport, or haul on any streets or alleys in the City or dispose in any manner any refuse accumulated in the City without first having obtained a Refuse Hauler's License as hereinafter described: Provided, that this section shall not be construed to apply to the following: (a) The Refuse Department or other Departments of the City. (b) Any and all other governmental agencies. (c) To persons who collect and transport refuse produced on premises owned or occupied by said person. (d) To person, firms or corporations engaged in the occupation known as tree trimmers or tree surgeons; provided further, that such persons who are not required to obtain a license hereunder shall comply with all other sections of this article and such other regulations as prescribed by the Refuse Department for the transportation of refuse over and upon the streets and alleys of the City. Section 2. APPLICATION FOR LICENSE. Each person required by this article to be licensed to collect or remove refuse, within the City, shall file with the City Clerk an application for such license in such form as shall be prescribed by the City Clerk. Section 3. TYPE OF CONSTRUCTION AND EQUIPMENT REQUIRED FOR LICENSED VEHICLES. All vehicles in order to be licensed hereunder shall be constructed and equipped as i follows: (a) Construction of the vehicle shall be such that trash or rubbihh or salvage matter loaded therein or transported thereby shall be securely contained. (b) All vehicles shall be equipped with a permanently attached cover which may be either of rigid eonstunction of fabric material. (c) All vehicles rated at 8,000 lbs. gross weight or less, shall be equipped with truck bed sides at least forty-eight (48) inches in height above the floor of the truck bed! and constructed of rigid material in such a manner as to securely contain trash. (d� Vehicles rated in excess of 8,000 lbs, gross weight, shall be equipped with truck bed sides at least sixty (60) inches in height above the floor of the truck bed and constructed in such a manner as to securely contain trash. CONSOLIDATED -SAUNA 1 1 (e) All vehicles shall be equipped with a tailgate coverage and construction of the height equal to the sides of the truck bed which when closed shall securely hold and contain trash. Prior to the issuance of any license hereunder, the vehicle for which application', is made shall be inspectdd and approved by the Police Department as to compliance with City ordinances and State Statutes relating to equipment and operation of motor vehicles. Said vehicle shall also be inspected and approved by the Superintendent of Refuse as to being properly constructed and equipped for compliance with the provisions of this article. Section 4. CLERK TO ISSUE LICENSE. The license herein provided for shall be issued by the City Clerk, and shall be signed by the City Manager and Clerk, with the corporate seal I of the City affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license, and a description of the vehicle i I licensed; but no license shall be issued until the person applying therefore shall furnish i to and file with the City Clerk the receipt of the City Treasurer showing the payment of the amount required by this article to be paid for such license. Section 5. RATES CHARGED FOR LICENSES. The amounts to be paid for a license shall be as follows, to -wit: (a) For any vehicle used in the City of Salina in the business of collecting, removing and disposing of refuse, fifteen dollars ($15.00) per year„ or any portion thereof, for each such vehicle. Section 6. DISPOSITION OF LICENSE FEE REVENUES. The City Treasurer shall credit all the license fee revenue collected hereunder to the General Fund. Section 7. TERM OF LICENSE. No license shall be issued under this article for a less sum than the annual rates specified herein, and every such license, when issued, shall expire the following December 31, All such licenses shall be non -assignable, but the same may be revoked by the Board of Commissioners upon the conviction of the licensee of having violated any of the provisions of this article. No license shall be granted to any person under eighteen years of age. Section 8. REGISTRATION DECALS FOR VEHICLES. Upon issuance of a license to collect or remove refuse within the City, the City Clerk shall deliver to the licensee one refuse hauler decal bearing the number of the particular license for each vehicle licensed to haul refuse, and the licensee shall securely attach such decal to the windshield of the licensed vehicle in such a manner that it shall be at all times clearly visible. Section 9. NO LICENSE ISSUED HEREUNDER SHALL BE ASSIGNED OR TRANSFERRED BY PERSON HOLDING SAME AS LICENSEE. Such licensee may, however, change the registration of the vehicle operated un er s license upon the following conditions: 4a) Vehicle to be newly registered shall be inspected and approved by the Police Department and the Superintendent of Refuse in the manner hereinbefore provided. (b) The registration of the vehicle theretofore operated under such license shall be surrendered. (c) The sum of One Dollar ($1.00) as a fee for the transfer of registration of such vehicle shall be paid by the licensee to the City Treasurer. CONSOLIDATED-SALINA D 1 Section 10. MONTHLY REPORTS. All persons licensed hereunder shall file a written report with the Refuse Department on forms prescribed and furnished by the department, the , i first day of each month. The first such report shall list the names and addresses of all persons availing themselves of the licensee's services during the preceding month, and i i addresses served by the licensee. The second and subsequent monthly reports shall show only the deletions or additions to his first report. Provided, that the Superintendent of Refuse may at any time he deems it necessary demand a complete list of said licensee's customers and addresses served by said licensee. Section 11. AUTHORIZED COLLECTORS TO IDENTIFY ADDRESSES BEING SERVED. (a) All persons licensed hereunder, shall mark, label, or identify all residential addresses for which they collect, haul and dispose of refuse. (b) The method of identif*ing said addresses shall be prescribed by the Refuse Department, and the material or devices necessary for such identification shall be furnis paid licensee by the Refuse Department. (c) Should such marking device be unlawfully removed or destroyed, it shall be the responsibility of said licensee to replace it during his first collection following such removal or mutilation. Section 12. SUSPENBION OF LICENSE. (a) Conviction of any of the provisions of the article pertaining to Licensed Refuse Haulers, shall be Cause for suspension of any and all such licenses held by said licensee for a period not exceeding six (6) months by the Superintendent of the Refuse Department. (b) The licensee shall have the right to appeal to the City Commission within ten (10) days from the date of suspension. Section 13. PENALTY. Any person, firm or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $10.00 nor more than $50.00 for each offense. Section 14. The Department of Refuse shall make, adopt and publish such rules as may be necessary to make this ordinance effective and facilitate the systematic collection, handling and disposal of refuse. Section 15. REPEAL. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 16. INVALIDITY. In the event that any part or parts of this ordinance be determined unconstitutional or invalid, such determination shall not affect any other port of this ordinance. Section 17. EFFECTIVE DATE. This ordinance shall take effect and be in force from an� after its passage and publication in the official city newspaper. (SEAL) Attest: Of City Clerk Introduced: January 19, 1960 Passed:, Mayor