A. Regulations. Except as otherwise permitted by this chapter, e.g., occasional use, it shall be unlawful for any person to collect or carry solid waste through the streets of the City without first having entered into a contract or obtained a permit from the City to do so. The authorized collector shall not permit any solid waste to fall or remain on any public street or private premises in the City, shall close all gates used by it in collection service, and shall operate as quietly as the circumstances allow. Collection and transportation equipment shall be maintained and utilized consistent with all applicable laws. The authorized collector shall further abide by any and all applicable laws and the regulations and orders of the County Health Department or Officer, and ordinances and general regulations of the City, now or hereafter adopted.

B. Periodic Service. Unless otherwise authorized by City, or by state law, the authorized collector shall provide not less than weekly service to each owner, resident or tenant within the City. The authorized collector may terminate service to any owner, resident or tenant for nonpayment of the established rates if not fully paid for a period of two (2) months from and after the date such payment is due. Prior to termination of such service, the authorized collector shall notify City and customer, in writing, of the proposed date of termination and the reason therefor. Such notice shall be given by the authorized collector to City no less than ten (10) days prior to the date of termination of service. The customer may request temporary suspension of service if the premises are to be vacated for a reasonable period of time, to be not less than two (2) weeks and to occur no more than three (3) times in a one (1) year period. The customer is also required to provide the authorized collector with a resumption date for service.

C. Recycling. Authorized collector shall provide for the maximum feasible diversion of waste from the waste stream and shall provide for the recycling, resource recovery, and reuse of materials with economically viable markets. The authorized collector shall provide the City with diversion rate reports at appropriate intervals consistent with all applicable law. The authorized collector shall further disseminate to all property owners, occupants and tenants current information and educational materials regarding solid waste management, resource recovery and recycling diversion.

D. Liability. The authorized collector and the City shall be exempt from responsibility and liability for tampering or misuse of any items left at curbside for collection and/or recycling should spillage or other mishap occur prior to possession by authorized collector. Once the authorized collector takes possession of the solid waste, the authorized collector then assumes responsibility and liability.

E. Assignment. Neither the franchise agreement nor any part thereof shall be assigned, either voluntarily or by operation of law, except upon the consent expressed by a resolution of the City.

F. Termination. If the authorized collector fails, refuses or neglects to comply with the terms of the franchise agreement or of any laws, ordinances or regulations above referred to, for a period of thirty (30) days after being notified in writing to do so by the legislative body of the City, then, after hearing upon not less than ten (10) days’ written notice to the authorized collector, the City shall be entitled to terminate the contract.

G. SB 1383 Requirements. As a condition of approval of a franchise agreement with the City, an authorized collector shall: