Regulating Private Refuse Removers and Collectors Ordinance No.
AN ORDINANCE REGULATING PRIVATE REFUSE
REMOVERS AND COLLECTORS
(a) Definitions : For the purpose of this ordinance, the
following words and phrases shall have the meanings ascribed to
them in this section:
Premises shall mean land, buildings, or other structures,
vehicles, watercraft, or parts thereof, upon or in which refuse is
stored.
Refuse shall mean all solid wastes of a community, in-
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cluding garbage, ashes, rubbish, street cleanings and solid market
and industrial wastes, but not including body wastes.
Approving Authority. The approving authority for this
ordinance shall be the Director of Public Works of the City of Fair-
fax.
Refuse Remover and Collector shall mean any person en-
gaged in the removing and transporting of refuse from two (2) or
more residential, commercial or industrial establishments.
Vehicle shall mean any truck or trailer used for trans-
porting refuse from the premises from which it is collected to the
point of refuse disposal.
(b) Permits.
1. Every person engaged in, or proposing to engage in,
the removal and/or transporting of refuse in the City of Fairfax,
shall apply to the approving authority for an annual permit to re-
move and/or transport refuse and shall not remove or transport refuse
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without such a permit.
2. The application shall state the full name, address
and telephone number of the applicant and shall state generally the
areas within the City proposed to be served and the frequency of
collections . A corporation shall furnish the names and addresses of
its officers ,
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3. The applicant shall have all vehicles used or to be used for
refuse removal and/or transport inspected by the approving authority
at a reasonable time and place to be designated by the approving authority.
In the event of an emergency requiring the immediate replacement of a
vehicle, the applicant shall notify the approving authority of such replacement
and have the replacement vehicle inspected by the approving authority five (5)
days after its acquisition.
4. The applicant shall notify in writing the approving authority
and each customer at least thirty (30) days prior to date of fact of the
applicant's termination and discontinuance of his business. On the date of
the applicant's termination or discontinuance of business the applicant will
surrender his permit to the approving authority.
5. The approving authority shall issue a permit upon receipt of a
valid application and upon satisfactory finding that the applicant has reasonably
and substantially complied with all applicable sections of this ordinance. A
permit shall be issued or denied by the approving authority within thirty (30)
days of the receipt of an application. A denial shall be accompanied by assigned
reasons for denial. Three (3) months from the date of denial, the application
shall expire. Within that period of time, the approving authority may issue
a permit upon finding that the applicant has noted the reasons for denial, and
has corrected or accounted for the same, and has substantially complied with
the provisions of this ordinance.
6. At the time of the issuance of the permit, the applicant shall pay
the license fees and furnish the required bond as set forth in Section (c) of this
ordinance. No permit shall be issued until the applicant has complied with the
insurance provision of Section (c).
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7. Upon the issuance of a permit, the approving authority shall
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assign
to all approved vehicles a permit number which shall be permanently
affixed by the applicant with the address and telephone number of the
applicant to both sides of the vehicle on the door of the cab or at the
farthest point forward on the truck body in letters and numbers not less
than four (4) inches high, excepting that all permit numbers will be four
(4) inches high, not less nor more. The above identification shall be
painted in conspicuous color contrasting with that of the vehicle. Permit
numbers issued by the City of Fairfax shall begin with the letter "A" .
8. All permits shall be valid for one year and shall expire on the
31st of August following the date of issue. All vehicles shall be in-
spected annually and permits renewed between July 1 and August 31 of each
year
(c) Licensing, Bonding and Insurance.
I. Licensing: It shall be unlawful for any person to engage
in the business or practice of removing and/or transporting refuse from
residential, commercial or industrial establishments in the City of Fairfax
without first having obtained an annual license. The said license shall be
issued by the City Treasurer for each vehicle to be used for refuse removal
and/or transporting upon presentation of the permit from the approving
authority required by Section (b) of this Ordinance and the payment of a
license fee of $15 .00 per vehicle. The license shall be renewed annually
between July 1 and August 31 and shall not be proratable. No license shall
be issued or renewed without a permit having been issued as set forth in
Section M .
2 . Bonding: All persons engaging in the removal and/or trans-
porting of refuse from residential, commercial and industrial establishments
in the City of Fairfax, must furnish a bond payable to the City of Fairfax
in an amount equal to not less than $500.00 for each vehicle licensed but not
to exceed $3, 000.00, with surety approved by the approving authority and
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conditioned to indemnify and save harmless the said City and its employees,
as well as any person, firm or corporation, from all expense or damage that
may be incurred by such, caused by any failure to comply with the provisions
of this ordinance or neglect in the handling of refuse. Handling of refuse shall
be deemed neglected when the permit holder fails to meet the frequency of
collection as stated in the application for permit. If the permit holder fails
to correct any such neglect or noncompliance with this ordinance within
forty-eight ht (48) hours after receipt of written notice from the approving
authority, the bond shall be forfeited and the principal and surety on said
bond shall be required to reimburse the City of Fairfax or any customer of any
permit holder for any expense or damage incurred as a result of such neglect
or failure.
The said bond shall be deposited with the approving authority . The
original bond shall be for a period of not less than twelve (12) months and
shall be renewed annually.
3. Insurance: Before issuing a permit on any vehicle the
applicant shall furnish the approving authority evidence that the vehicle is covered
with liability insurance of limits required by the motor vehicle laws of Virginia.
(d) Equipment.
1. The bodies of all vehicles used for transporting and/or
removing refuse shall be constructed so as to prevent the refuse from
spilling, being blown or hurled from, or deposited upon any street or public
way during loading or while in transit.
2. Non-watertight vehicle bodies may be used for the removal
and/or transportation of refuse provided that any liquid or semi-liquid refuse
so removed and/or transported shall be in watertight containers.
3. The vehicle body shall be so constructed that no refuse
can be carried at any place other than in the enclosed body, except that this
ca
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does not prohibit the transportation of large solid objects properly secured
" to the side of the truck bed or top of cab when such transportation does not
create an unsanitary condition or nuisance.
4. All vehicles other than those which are completely enclosed
shall be equipped with a tarpaulin or other cover which shall be constructed
and employed so as to prevent waste and refuse from falling from the vehicles
onto the street or public way.
(e) Operation.
1. Refuse shall be removed in such a manner that it does not
create a nuisance or adversely affect_public health.
2. Refuse shall be removed in such a manner and transported
so that it does not spill or fall into a street or public way, nor shall it be
dumped, spilled or thrown into any street, court, lane, alley, sewer inlet,
or vacant or,ipablic lot.
3. No known harmful material, including materials which are
explosive, toxic, radioactive, highly combustible by nature or burning, shall
be removed for disposal except by the special permission of the approving
authority requested in writing with a copy thereof sent to the Director of
Public Health and to the appropriate Landfill Operator. This section, however,
is not applicable to materials loaded and carried at the direction of public
officials or public servants executing their duties in emergencies.
4. No vehicle shall be emptied or unloaded in whole or in part
within the City of Fairfax.
5. Transferring refuse, other than refuse in containers, from
one vehicle to another is prohibited except in case of breakdown, and in such
case the approving authority must be immediately notified.
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• 6. Each vehicle used for refuse removal and/or trans-
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portation shall be completely emptied each time it is dumped and thoroughly
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cleaned twice a week when in use.
7. Vehicles used for the removal and/or transportation of
refuse shall be made available for inspection, in addition to the inspections
required in Section (b) of this ordinance, upon request of the approving authority.
A reasonable time shall be provided for such inspections.
(f) Vehicles not otherwise Covered by this Ordinance.
Any private vehicle used for the transportation of refuse in
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or through City hrou h the Cit of Fairfax which is not subject to the licensing and bonding
provisions of this ordinance shall transport the said refuse in such a manner
as not to create a nuisance or adversely affect public health. The refuse shall
not be spilled, dumped or thrown onto any street, court, lane, alley, sewer
inlet or vacant lot. Liquid and semi-liquid refuse when hauled in non-watertight
bodies shall be carried in watertight containers.
(g) Enforcements and Penalties.
Violation of any of the provisions of this ordinance by an
- individual, partnership or corporation shall constitute a misdemeanor and
upon conviction thereof shall be punished as provided by law.
This Ordinance shall become effective July 1, 1966.
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