§ 74-121. Engaging in business of commercial collection services.

(a)

No person, firm or corporation shall engage in the business of commercial collection services over the streets or public rights-of-way of the city, for hire or salvage, without first applying for and receiving a nonexclusive franchise from the city to carry on such a business issued in the name of the corporation or company which will perform the services. This provision shall not apply to roofing contractors who remove roofing debris when replacing a roof pursuant to a permit, provided the removal of roofing debris is not accomplished by use of a rolloff container, trailer or other container whose transport has been removed. The nonexclusive franchise required by this section shall be in addition to any occupational and other licenses which otherwise may be required by law. No franchise granted pursuant to this article shall be deemed the property of the holder thereof. The city may grant a franchise subject to specific terms and conditions necessary to ensure that the terms of this article will be met.

(b)

The nonexclusive franchise required by this section may be used only by the firm, company or corporation issued the franchise, and its direct employees, but not related or affiliated firms. The firm, company or corporation which holds the franchise may not subcontract with any other individual, firm, company or corporation to provide services under the franchise. Commercial collection services may only be provided by the firm, company or corporation holding a valid franchise.

(c)

The mayor or her designee may, from time to time, approve one or more nonexclusive franchises granting the right and privilege to operate commercial collection services in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting solid waste, recyclables and construction debris, as defined in this chapter. The city may limit the number of nonexclusive franchises granted where such limitation is deemed to be in the public interest.

(d)

The franchises shall be granted for a period of three years. It shall be the obligation of the franchisee to apply to renew its franchise prior to each expiration date.

(e)

All franchisees shall maintain an office where complaints can be received within the county.

(f)

All equipment utilized for commercial collection services in the city must be conspicuously marked on both sides of the automotive unit with the name of the contracted franchised hauler, vehicle number, tare weight and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. In addition, all vehicles utilized in the provision of services within the city must comply with federal and state department of transportation regulations pertaining to the operation of commercial vehicles. All drivers must be appropriately licensed.

(g)

The franchisee shall perform collection services with as little disturbance as possible. Franchisees shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection occurs. During transportation, all waste shall be contained, tied or enclosed so that spillage and litter is prevented. In the event of any spillage or litter caused by the franchisee, the franchisee shall promptly clean up all spillage or litter at no cost to the city or its customer.

(h)

The franchisee shall hold the city harmless from any and all liabilities, claims, losses or damages the city may suffer as a result of claims, demands, costs or judgments against the city arising out of the wrongful acts or omission of the franchisee or its employees, in the performance of commercial collection services within the city.

(i)

The city reserves unto itself, in its sole discretion, the power to modify the commercial collection franchise program established in this article; including but not limited to the right to revoke all franchises granted, to change or limit the rights granted, or to otherwise modify the franchise program. Any such revision, modification or revocation of the franchise program shall be by ordinance duly enacted by the city.

(j)

Each franchisee shall obtain and maintain, at its own expense, all licenses and permits required by law or regulation to conduct commercial collection services.

(k)

The grant of a franchise does not relieve any corporation or company from complying with the requirements of F.S. ch. 403, Department of Environmental Protection rules and regulations, OSHA rules and regulations, Department of Transportation rules and regulations, and all applicable federal, state and local laws.

(Ord. No. 3944-06, § 5, 11-6-2006; Ord. No. 4178-08, § 1, 10-6-2008; Ord. No. 4538-14, § 11, 11-10-2014; Ord. No. 4792-18, § 10, 8-13-2018)