HomeMy WebLinkAboutORDINANCE NO 16 12 291STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE N0.16-12-291
AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE
MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION
SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND
NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE,
SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE
PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON;
PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS;
PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING
INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT;
PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on December 5, at 6:00 p.m. as follows:
SECTION 1. The City of Milton ("City") seeks to provide standards of operation,
regulation, and oversight in the providing of solid waste services within the corporate city
limits;
SECTION 2. The City currently recognizes the following companies as "Approved
Haulers" in the City limits: Advanced Disposal, Allegiance Sanitation, American Disposal
Services, Arrow Inc., Custom Disposal, Grogan's Disposal, GW Lovelace, Henry Edward
Kincaid, M&M Waste, Republic Services, Sanitation Solutions, Waste Management, and
Waste Pro;
SECTION 3. The City seeks to confirm the "Approved Haulers" list as long as the
companies are found to be acting consistently with the Ordinance and recognizes that the
City Council may seek to amend the Approved Haulers List as need arises and 111
accordance with the established Solid Waste Ordinance;
SECTION 4. It is in the interest of the City and its citizens to offer companies currently
providing such services a non-exclusive contract on such terms and conditions that will
provide the City with the controls and options necessary to provide for the public good;
SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste
Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject
to those redline modifications set forth in attached Exhibit A;
SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are
rejected;
SECTION 7. This Ordinance shall become effective upon its adoption;
ORDAINED this the 5th day of December, 2016.
Page 1of21
STATE OF GEORGIA
COUNTY OF FULTON
Attest:
Sudie AM Gordon, City Clerk
ORDINANCE NO. 16-12-291
Page 2 of 21
STATE OF GEORGIA
COUNTY OF FULTON
EXHIBIT A
ORDINANCE NO. 16-12-291
Chapter 46 -SOLID WASTE £46J
(46) State Law reference-Solid waste management generally, 0.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, 0.C.G.A. § 12-9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste
management. O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local
regulations for the handling and disposal of solid waste, 0.C.G.A. § 12-8-30.9; Litter Control Law,
O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to
contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et
seq.; littering highways, 0.C.G.A. § 40-6-249.
ARTICLE I. -IN GENERAL
ARTICLE II. -LITTERING
ARTICLE III. -COLLECTION SERVICES
Sec. 46-1. -Definitions.
Sec. 46-2. -Purpose.
Sec. 46-3. -Collection fees.
ARTICLE I. -IN GENERAL
Sec. 46-4. -Medical waste to be disposed of according to state and federal regulations.
Secs. 46-5-46-23. -Reserved
Sec. 46-1. -Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, words in the
singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may"
is permissive. Words not defined in this section or otherwise in this chapter shall be given
their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the
company for use by both residential and commercial customers.
Page 3 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
Area shall mean the area within the boundaries of the incorporated areas of the City of Milton,
as they exist as of the effective date in addition to future boundary changes as outlined in [the
term "city"].
City means the City of Milton, Georgia, an incorporated municipal government in Fulton
County, State of Georgia. Boundaries defining the city limits may be changed via ordinances
approved by the city council, for which any new boundary created shall be subject to this
contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve
multiple tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that
contracts with customers to provide for the collection and disposal of solid waste material as
defined in this article, and including but not limited to construction/demolition debris, dead
animals, garbage, waste, storm debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the Georgia Department
of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-
4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling
and/or new construction work performed thereon or about the real property or premises
whether or not a land disturbance and/or building permit is required.
Customer shall mean any firm, person, entity, corporation or organization that contracts with
a company for the collection and disposal of solid waste material as defined in this chapter,
and including, but not limited to, construction/demolition debris, dead animals, garbage,
waste, storm debris, yard trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in
weight that have died from any cause, except those slaughtered or killed for human use.
Effective date means any contract executed between the city and any company on or after
December 1, 2009.
Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines,
regulations, governmental, administrative or judicial orders or decrees or other legal
requirements of any kind, including, without limitation, common Jaw, whether currently in
existence or hereafter promulgated, enacted, adopted or amended, relating to safety,
preservation or protection of human health and the environment (including ambient air,
surface water, groundwater, land, or subsurface strata) and/or relating to the handling,
treatment, transportation or disposal of waste, substances or materials, including, without
limitation, any matters related to releases and threatened releases of materials and
substances.
Garbage shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)).
Gross receipts shall mean the total amount collected by the company from any and all
customers for services rendered under authority of this chapter as a result of charges for
Page 4 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
service. Gross receipts shall not include the infrastructure maintenance fee identified in this
chapter.
Hazardous materials means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any environmental laws. The
term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic
substance, constituent or material, including, without limitation, petroleum products and
their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to make
that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in
regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term
"hazardous waste" also includes hazardous materials and any waste that is, after the effective
date of this agreement, deemed hazardous by any judicial or governmental entity, board,
body or agency having jurisdiction to make that determination. The term "hazardous waste"
will be construed to have the broader, more encompassing definition where a conflict exists
in the definitions employed by two or more governmental entities having concurrent or
overlapping jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi-family, or otherwise
whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77).
(Ord. No . 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30,
§ 1, 11-17-2008; Ord. No.10-11-84, § 1, 11-15-2010)
Sec. 46-2. -Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not
limited to, all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily disposed from residences, churches,
schools, small business establishments, and other such places.
Page 5 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
(1) The term "garbage" does not include animals, fowl, and fish entrails, bones and
carcasses whether in whole or in part, from business establishments such as
slaughterhouses and meat and fish markets. Such material means "other waste."
(2) The term "waste" also includes animal, fowl , and fish excrement, entrails, bones,
carcasses in whole or in part and dead animals, and any other refuse material not
otherwise classified herein.
(Ord. No. 08-03-04, § l(ch. 17, art.1, § 1), 3-17-2008)
Sec. 46-3. -Collection fees.
All fees are listed in Sec. 46-70 Contract and Rental Fees.
Sec. 46-4. -Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste
including, but not limited to, any device used to puncture or lacerate skin, shall be disposed
of in a manner consistent with federal and state regulations.
(Ord. No. 08-03-04, § l(ch. 17, art. 1, § 4), 3-17-2008)
Secs. 46-5-46-23. -Reserved
ARTICLE II. -LITTERING
Sec. 46-24. -Prohibited.
Secs. 46-25-46-43. -Reserved.
Sec. 46-24. -Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent,
employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon
any public way or other public place in the city or the river, creek, branch, public water,
drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt,
rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall
any person cast, throw, sweep, sift, or deposit any of the aforementioned items
anywhere within the city's jurisdiction in such a manner that it may be carried or
deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of
the aforementioned places; provided that this section shall not apply to:
a. The deposit of material under a permit authorized by any city ordinance;
b. Goods, wares, or merchandise deposited upon any public way or other public
place temporarily, in the necessary course of trade, and removed there from within
two hours after being so deposited; or
Page 6 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
c. Articles or things deposited in or conducted into the city sewer system
through lawful drains in accordance with the city ordinances relating thereto.
(2) Private littering. The acts described in subsection (a)(1) of this section shall also
apply to acts committed to or against private property without the consent of the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other
similar forms of containers shall provide adequate metal or plastic containers upon the
premises for collection of refuse. It shall be the express responsibility of all such business
firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers
dispensed by said business that may discarded upon the premises or neighboring street and
sidewalks. It further shall be the responsibility of said business to collect the aforementioned
items from the premises of the neighboring property when the owners of the property
specifically request and authorize the business personnel to enter upon their property for
that purpose.
( c) Construction site operators must properly dispose (or discard) building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may
cause adverse impacts to water quality. All construction site operators shall provide
adequate containers upon the premises for collection of said materials and any waste
generated or collected at the site.
( d) Any person who shall violate any of the provisions of, or who fails to perform any duty
imposed by this section or who violates any order or determination of the department
promulgated pursuant to this article shall be punished as directed by law, and in addition
thereto, may be enjoined from continuing the violation. Each day a violation occurs shall
constitute a separate offense. Any willful and wanton violation of this subsection resulting in
the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a
nuisance and on conviction thereof by the city court, the mayor and city council may after a
notice and a hearing revoke the business license of the violator.
(Ord. No. 08-03-04, § 1(ch. 17, art.1, § 5), 3-17-2008)
Secs. 46-25-46-43. -Reserved.
ARTICLE III. -COLLECTION SERVICES
DIVISION 1. -GENERALLY
DIVISION 2. -CONTRACTUAL PROVISIONS
DIVISION 3. -TERMINATION OF CONTRACT
DIVISION 4. -ADDITIONAL PROVISIONS
DIVISION 1. -GENERALLY
Secs. 46-44-46-62. -Reserved.
Page 7 of 21
STATE OF GEORGIA
COUNTY OF FULTON
Secs. 46-44-46-62. -Reserved.
ORDINANCE NO. 16-12-291
DIVISION 2. -CONTRACTUAL PROVISIONS
Sec. 46-63. -Authority.
Sec. 46-64. -Grant of nonexclusive contract.
Sec. 46-65. -Term.
Sec. 46-66. -Scope and nature of operation.
Sec. 46-67. -Vehicles to be covered and identified.
Sec. 46-68. -Regulation of containers.
Sec. 46-69. -Disposal of refuse.
Sec. 46-70. -Contract and rental fees.
Sec. 46-71. -Compliance with law.
Sec. 46-72. -Insurance provided by company.
Sec. 46-73. -Indemnification and hold harmless.
Secs. 46-74-46-92. -Reserved.
Sec. 46-63. -Authority.
The city is empowered to contract with one or several third parties to collect and dispose of
all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the
city may sell franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § l(ch. 17, art. 1, § 2), 3-17-2008)
Sec. 46-64. -Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set
forth herein to use the public streets, alleys, roads and thoroughfares within the city for the
purpose of operating and engaging in the business of collecting and disposing of waste;
including, but not limited to, contracting with customers and providing service pursuant to
contract therefore, placing and servicing containers, operating trucks, vehicles and trailers,
and such other operations and activity as are customary and/or incidental to such business
and service.
(Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30,
§ 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010)
Sec. 46-65. -Term.
The term of any agreement shall be for a period of one year beginning on the effective date of
the contract execution and terminating on the first anniversary of said date. The company
shall begin performance under this contract immediately after the effective date of the
contract execution.
(Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No . 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30,
§ 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010)
Page 8 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
Editor's note-Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-65 from
"One year in length" to "Term."
Sec. 46-66. -Scope and nature of operation.
(a) Residential and commercial refuse and waste. The company may collect and deliver for
disposal all residential and commercial refuse and waste accumulated within the corporate
limits of the city by the company's customers and the words "refuse", "garbage", "trash" and
"waste" when used in this article are used for convenience and, unless the context shows
otherwise, refer to yard trimmings, recycling, storm debris, garbage, and
construction/demolition debris. The company will furnish the personnel and equipment to
collect refuse, provide the services described herein, and as contracted for with its customers,
in an efficient and businesslike manner.
(b) Service provided. Company shall provide container, bin and other collection service for
the collection of residential and commercial refuse and waste according to the individual
customer agreements and applicable city regulations and shall make provision for the special
collection of such refuse and waste upon request. The company shall cause or require its
equipment, containers and bins to be kept and maintained in a manner to not cause or create
a threat to the public health and shall keep the same in a good state of repair.
(c) Collection operation. (a) Save and except as provided in this section, collection shall not
start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not cause
the disturbance of persons occupying the premises or neighboring property must first be
confirmed prior to the request. All requests for variances of times must be submitted to the
city manager, or his designee, and include documentation on the hardship created by the
collection operation period. Should such a collection operation variance be granted and the
city receives two complaints about the collection operation in any six-month time period, the
city shall verify and substantiate the factual basis for any complaints. Should the complaints
be substantiated, the collection operation variance will be revoked. The frequency of
collection shall be determined by each individual customer agreement.
(d) Holidays. The company shall observe such holidays as it, in its sole discretion,
determines appropriate. Notification must be given by the company to it's customers of the
holidays and resulting collection cycles.
(e) All companies must maintain a local customer service telephone number while
conducting business within the city. The telephone number must be publicly listed in a phone
book and available through directory assistance. Each company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the company's name and
telephone number in letters not less than four inches in height. Each company must provide
a mechanism to accept, investigate, and respond to customer complaints. Companies are
strongly encouraged to use multi-media devices including interactive websites, e-mail, fax,
and automated telephone systems. Service calls received by the city as a result of
noncompany performance will result in the consideration of revocation of a nonexclusive
contract or the city's choice to not renew an existing agreement.
(f) Any invoice, bill, statement, or other device intended to request remittance by the
customer to the company 'or funds for payment of service shall include at a minimum, the
Page 9 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
company's telephone number and payment methods available to customers.
(g) All companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the city by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the hauler.
Recycled commodities which must be offered in all programs are as follows: brown, clear,
and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and
#3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags;
newspapers; magazines; telephone books; junk mail; office papers; and school papers.
Customers shall be charged for the recycling program by the company regardless of
utilization of the service. Haulers are to include this service with their residential rate
structure; however, the charge for recycling shall be shown separate from other services
provided.
(h) All companies providing commercial service must offer and promote a recycling
program to all customers. This program is intended to promote recycling programs
throughout the city by reducing the amount of waste landfilled.
(i) All companies providing residential service must offer the collection of yard trimmings
to all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
U) It shall be the company's obligation and responsibility to educate all customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: Recycling; holiday
schedules; new customer information; and any service related items. All companies have the
obligation to inform customers of any noncollected trash or items placed for collection by the
customer but not covered under the agreement between the customer and the company.
Further, it shall be the company's obligation and responsibility to educate customers on days
of collection for each specific service provided. All education and communication between
the company and customers should promote the placement of residential collectibles at the
curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at
the curb for longer than a 24-hour period.
(Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No . 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30,
§ 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010)
Sec. 46-67. -Vehicles to be covered and identified.
(a) All vehicles used by company for the collection and transportation of refuse shall be
covered at all times while loaded and in transit to prevent the blowing or scattering of refuse
onto the public streets or properties adjacent thereto, and such vehicles shall be clearly
marked with the company's name and telephone number in letters not less than four inches
in height.
(b) Company must provide a comprehensive and proactive driver safety education
program which encourages safety on city streets. Such program must be demonstrated and
conveyed to the city. Company must comply with all other regulatory agencies, both local,
Page 10 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
state, or otherwise with respect to commercial vehicle operation within the city. Service calls
received by the city as a result of noncompany performance will result in the consideration
of revoking a nonexclusive contract or the city's choice to not renew an existing agreement.
(c) Company must manage collection services delivered within the city to minimize the
number of vehicles on city roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
(d) Should company utilize "scout" trucks to facilitate collection in residential areas where
it is not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more than 300
yards on a public street.
(Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15 -2007; Ord. No. 08-11-30,
§ 5, 11-17-2008; Ord. No.10-11-84, § 5, 11-15-2010)
Sec. 46-68. -Regulation of containers.
The company may rent, lease, provide or define specifications for containers to any customer
within the corporate limits of the city for refuse storage and collection purposes subject to
the following requirements:
(1) All containers shall be constructed and maintained according to industry practice;
(2) All containers shall be equipped with stable covers to prevent blowing or
scattering of refuse while being transported for disposal of their contents;
(3) All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with covers
suitable to prevent blowing or scattering refuse and access to the container by animals
while the container is at the site designated by customer;
( 4) All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers;
(5) All containers shall be clearly marked with the company's name and telephone
number in letters not less than four inches in height;
(6) All containers shall not be on public rights-of-way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections;
(7) All containers, bins, or other collection instruments must be kept free from graffiti,
rust, broken and nonoperational parts and pieces, and litter in and around the area; and
(8) It shall be the responsibility of each company to educate their customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an aesthetically pleasing environment in and around all refuse and
waste containers and receptacles.
Page 11of21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
(Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30,
§ 6, 11-17-2008; Ord. No.10-11-84, § 61 11-15-2010)
Editor's note-Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-68 from
"Container requirements" to "Regulation of containers."
Sec. 46-69. -Disposal of refuse.
The company will deliver all waste collected by it from it~s customers within the city, except
for materials which the company may select for recovery and recycling, to a disposal facility
that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing
hours of operation and disposal practices at the disposal facility will be observed and
followed by the company while engaged in the disposal of refuse pursuant to this article. Any
items collected as part of a recycling program must be delivered to a facility where recovery
and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into
another for transport to the final disposal facility, company shall make every available effort
to perform such refuse transfer on property owned by the company or privately owned
property where the company has an agreement with the property owner to perform such
activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-
ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and
designated for public travel, company shall make every effort available to clean the area after
completion of the transfer to insure the area is maintained at the same or better level than if
the area was not used for this activity. In the event the city receives complaints regarding this
practice, company shall be required to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30,
§ 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010)
Sec. 46-70. -Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the company in
the operation of its business within the boundaries of the city as such boundaries now exist
and exist from time to time during the term of this contract, are valuable public properties
acquired and maintained by the city at great expense to its taxpayers, and the city will incur
costs to regulate and administer this article. In consideration of such benefits, costs and
expenses, the company shall through the term of its contract collect an "infrastructure
maintenance fee" equal to five percent of the company's gross receipts to customers within
the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on
all bills, invoices, or statements sent by any company to a customer under this article. This
fee is applicable to haulers that are providing trash and recycling collection to residential
accounts as well as haulers serving commercial accounts.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city
and delivered to the city in conjunction with a statement indicating the derivation and
calculation of such payment. Each such quarterly payment shall be due on the fifteenth
day of the second month following the end of the quarterly period for which said
payment is due. The quarterly payments shall be due on February 15, May 15, August
15, and November 15 of each year during the term hereof, with the February 15
payment being based upon the company's gross receipts during the calendar quarter
ending the prior December 31 and being payment for the rights and privileges granted
Page 12 of 21
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
hereunder for said calendar quarter, the May 15 payment being based upon the
company's gross receipts during the calendar quarter ending the prior March 31 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, the August 15 payment being based upon the company's gross receipts during
the calendar quarter ending the prior June 30 and being payment for the rights and
privileges granted hereunder for said calendar quarter, and the November 15 payment
being based upon the company's gross receipts during the calendar quarter ending the
prior September 30 and being payment for the rights and privileges granted hereunder
for said calendar quarter. During the implementation of this article, all bills generated
by companies after December 1, 2006, shall include the infrastructure maintenance fee .
The city shall provide material relating to the education and marketing efforts of the
infrastructure maintenance fee as well as provide education and training to company
employees to ensure a consistent message is conveyed to constituents of the City of
Milton. For purposes of verifying the amount of such fee, the books of the company shall
at all reasonable times be subject to inspection by the duly authorized representatives
of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein,
the company from whom the fee was due shall be assessed and shall pay a late fee in the
amount of 10% of the amount not timely paid. In addition, all amounts otherwise due,
including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30
days after the original due date.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-
imposed rentals or compensation or contract, privilege, instrument, occupation, excise
or revenue taxes or fees and all other exactions or charges (except ad valorem property
taxes, special assessments for local improvements, city sales tax, and such other charges
for utility services imposed uniformly upon persons, firms or corporations then
engaged in business within the city) or permits upon or relating to the business,
revenue, installations and systems, fixtures, and any other facilities of the company and
all other property of the company and its activities, or any part thereof, in the city which
relate to the operations of the company pursuant to this article; provided, that this shall
not be construed to prevent the company from being required to pay any and all
applicable fees and charges in effect from time to time for dumping at a landfill or
transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley
rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees
that it will apply so much of said sums of money paid as may be necessary to company's
obligations, if any, to pay any such contract, ordinance charges, other charges, fees,
rentals, easement, taxes or charges.
(4) Reporting. Any company providing service pursuant to this article or a resulting
contract shall from time to time provide the city with the necessary statistics regarding
waste collected and disposed which shall allow the city to comply with state reporting
requirements. Such information shall be in the manner and format requested by the city
and provide adequate details for the city to maintain compliance with local, state,
federal, and all other guidelines relating to solid waste collection, removal, and disposal.
(5) Dedicated revenue. The infrastructure maintenance fee collected by the city under
this article shall be dedicated to the following: (i) maintenance of the city's streets,
Page 13 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
corridors, alleys, thoroughfares, and transportation routes; (ii) administration of
contract compliance between customers and companies where service is received as
provided in this article; and (iii) collection of litter, trash and hazardous waste materials
within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30,
§ 8, 11-17-2008; Ord. No.10-11-84, § 8, 11-15-2010)
Editor's note-Section 8 of Ord. No. 10-11-84, adopted Nov.15, 2010, changed the title of § 46-70 from
"Fees" to "Contract and rental fe es."
Sec. 46-71. -Compliance with law.
The company shall conduct under this article in compliance with the material provisions of
all applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30,
§ 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note-Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-71 from
"Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. -Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of
its contract, property damage coverage, general liability insurance, and automobile liability
insurance for any automobile owned or operated by company, with an insurance company
authorized and licensed to do business in the State of Georgia and acceptable to the city,
insuring against claims for liability and damages for the benefit of the city. The insurance shall
include the city as an additional insured. General liability coverage insurance under this
section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate.
Automobile liability insurance under this section shall, at a minimum, have limits of
$1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both
automobile liability insurance and general liability insurance is required.
(b) Employer's liability. If the company is required by Georgia Statute, the company shall
maintain throughout the term of the contract resulting from this article the requisite
statutory workers' compensation insurance, and a minimum of $100,000.00 employer's
liability insurance. Company shall be required to show compliance to this section by
submitting documentation of such coverage from an approved carrier licensed in the State of
Georgia, or documentation explaining the exemption from employer's liability insurance
should they not meet the state requirements to carry such coverage.
(c) Certificate of insurance. The insurance policy, or policies, obtained by the company in
compliance with this section shall be approved by the city manager or his designee in the city
manager's or his designee's reasonable discretion, and the certificate of insurance for the
insurance policy shall be filed and maintained with the city during the term of the contract
resulting from this article with a copy of the endorsement required under subsection (d) to
be attached or made a part of such certificate.
(d) Endorsements. All insurance policies maintained pursuant to this article shall contain
the following conditions by endorsement:
Page 14 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
(1) Additional insured. The city shall be an additional insured and the term "owner"
and "city" shall include all authorities, boards, bureaus, commissions, divisions,
departments and offices of the city and the individual members, officers, employees and
agents thereof in their official capacities and/ or while acting on behalf of the city.
(2) Other insurance clause. The policy clause "other insurance" shall not apply to the
city when the city is an insured on the policy.
(3) No recourse. Companies issuing the insurance policies shall not recourse against
the city for payment of any premium or assessment.
(e) Increase requirements. The city may choose to amend this article to make reasonable
adjustments to the insurance coverage and their limits when deemed necessary and prudent
based upon changes in statutory law, court decisions, or the claims history of the industry.
(Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-
30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010)
Editor's note-Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-72 from
"Company to provide insurance" to "Insurance provided by company."
Sec. 46-73. -Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm,
corporation or other entity arising from any negligent act or omission or willful misconduct
of the company, or any of its agents, contractors, servants, employees or contractors, and
from and against all costs, counsel fees, expenses and liabilities incurred in or about any such
claim or proceeding brought thereon. Promptly after receipt from any third party by city of a
written notice of any demand, claim or circumstance that, immediately or with the lapse of
time, would give rise to a claim or the commencement (or threatened commencement) of any
action, proceeding or investigation (an "asserted claim") that may result in losses for which
indemnification may be sought hereunder, the city shall give written notice thereof (the
"claims notice") to the company provided, however, that a failure to give such notice shall not
prejudice the city's right to indemnification hereunder except to the extent that the company
is actually and materially prejudiced thereby. The claims notice shall describe the asserted
claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the
losses that have been or may be suffered by the city when such information is available. The
company may elect to compromise or defend, at its own expense and by its own counsel, any
asserted claim. If the company elects to compromise or defend such asserted claim, it shall,
within 20 business days following its receipt of the claims notice (or sooner, if the nature of
the asserted claim so required) notify the city of its intent to do so, and the city shall
cooperate, at the expense of the company, in the compromise of, or defense against, such
asserted claim. If the company elects not to compromise or defend the asserted claim, fails to
notify the city of its election as herein provided or contests its obligation to provide
indemnification under this agreement, the city may pay, compromise or defend such asserted
claim with all reasonable costs and expenses borne by the company. Notwithstanding the
foregoing, neither the company nor the city may settle or compromise any claim without the
consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the city and the company may
participate at their own expense, in the defense of such asserted claim. If the company
Page 15 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
chooses to defend any asserted claim, the city shall make available to the company any books,
records or other documents within its control that are necessary or appropriate for such
defense.
(Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-
30, § 11, 11-17-2008; Ord. No .10-11-84, § 11, 11-15-2010)
Editor's note-Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-73 from
"Company to indemnify city; defense of suits" to "Indemnification and hold harmless."
Secs. 46-74-46-92. -Reserved.
DIVISION 3. -TERMINATION OF CONTRACT
Sec. 46-93. -Forfeiture and terminating of contract
Sec. 46-94. -Transfer. sale or conveyance by company.
Sec. 46-95. -Foreclosure.
Sec. 46-96. - Receivership and bankruptcy.
Secs. 46-97-46-115. - Reserved.
Sec. 46-93. -Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under
this article or otherwise, the city reserves the right to declare any resulting contract from this
article forfeited and to terminate the contract and all rights and privileges of the company
hereunder in the event of a material breach of the terms and conditions hereof. A material
breach by company shall include, but shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office
or answering service that is available by phone without Jong distance charge during
regular business hours for service to the public, and which telephone or office shall, at
minimum, provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and
accounts to customers and prospective customers;
b. Respond to customer and prospective customer questions and issues about
billings, accounts, deposits and services;
c. Coordination with the city with respect to private sector and public works
projects and issues related to or affecting the company's operation; and
d. Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect to or
assistance regarding company's property.
(3) Failure to provide service. Failure to materially provide the services provided for
Page 16 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
in this article;
ORDINANCE NO. 16-12-291
(4) Misrepresentation. Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this article; or .
(5) Conviction. Conviction of any director, officer, employee, or agent of the company
of the offense of bribery or fraud connected with or resulting from the award of a
contract from this article.
(b) Operation information. Material misrepresentation of fact knowingly made to the city
with respect to or regarding company's operations, management, revenues, services or
reports required pursuant to this article.
(c) Economic hardship. Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal
of the company to comply with any material provision of this article or resulting contract
within 30 days after written notice from city setting forth the specific provision and
noncompliance, said notice to be mailed to company at its principal place of business by
certified mail, return receipt requested, shall be deemed a breach of this article, and the city
council, upon notice to company and hearing, may, for good cause declare a contract forfeited
and exclude company from further use of the streets of the city under this article, and the
company shall thereupon surrender all rights in and under this article and contract.
(1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections
(a), (b), (c), (d), the city shall make a written demand that the company comply with any
such provision, rule, order, or determination under or pursuant to this article. If such
violation by the company continues for a period of 30 days following such written
demand without written proof that the corrective action has been taken or is being
actively and expeditiously pursued, the council may take under consideration the issue
of termination of the resulting contract from this article. The city shall cause to be served
upon company, at least 20 days prior to the date of such a council meeting, a written
notice of intent to request such termination and the time and place of the meeting.
Notice shall be given of the meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person interested
therein, and shall determine whether or not any violation by the company has occurred.
(3) Forfeiture. If the council shall determine that the violation by the company was the
fault of company and within its control, the council may declare the contract forfeited
and terminated, or the council may grant to company a period of time for compliance.
(Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-
30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010)
Editor's note-Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-93 from
"Forfeiture" to "Forfeiture and terminating of contract."
Sec. 46-94. -Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any resulting
Page 17 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
contract from this article without the prior approval of the city council; provided that this
section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of
equipment, machinery, containers and buildings by company for the purpose of maintaining
and continuing its operation within the city; and provided further that company may, in its
sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights
under this article to a wholly owned subsidiary of the company or to an affiliated entity that
is under common control with company (i.e., has a common parent entity).
(Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-
30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010)
Editor's note-Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-94 from
"Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by
company."
Sec. 46-95. -Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and
property of the company used for and dedicated to providing service pursuant to this article,
the company shall notify the city of such fact, and such notification shall by treated as a
notification that a change in control of the company has taken place and the provisions of this
article governing the consent of the council to such change in control of the company shall
apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the
property and assets of the company dedicated to and used for the purposes of providing
service pursuant to this article, without the prior approval of the council, the council may,
upon hearing and notice, terminate any contract resulting from this article.
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-
30, § 14, 11-17-2008; Ord. No.10-11-84, § 14, 11-15-2010)
Editor's note-Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from
"Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. -Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from this
article 120 days after the appointment of a receiver or trustee to take over and conduct the
business of the company, whether in receivership, reorganization, bankruptcy, other action
or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall
have been vacated prior to the expiration of said 120 days, unless:
(1) Trustee compliance. Within 120 days after his election or appointment, such
receiver trustee shall have fully complied with all the provisions of this article and
remedied all defaults thereunder; or
(2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed
an agreement, duly-approved by the court having jurisdiction, whereby the receiver or
trustee assumes and agrees to be bound by each and every provision of this article
granted to the company.
(Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-
30, § 15, 11-17-2008; Ord. No.10-11-84, § 15, 11-15-2010)
Page 18 of 21
STATE OF GEORGIA
COUNTY OF FULTON
Secs. 46-97-46-115. -Reserved.
ORDINANCE NO. 16-12-291
DIVISION 4. -ADDITIONAL PROVISIONS
Sec. 46-116. -Retention of city police powers.
Sec. 46-117. -Amendments of city ordinances and regulations.
Sec. 46-118. -Taxes.
Sec. 46-119. -Public necessity.
Sec. 46-120. -No suspension of laws.
Sec. 46-121. -Peaceful employment.
Sec. 46-1 22. -Endorsements and records.
Sec. 46-123. -Acceptance by company.
Sec. 46-116. -Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and immunities
that it now has under the law to regulate, patrol and police the streets and public ways within
the city, and the granting of any contract as a result of this article shall in no way interfere
with the improvements to, or maintenance of, any street, alley or public way, and the rights
of the city to use said streets, alleys and public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-
30, § 16, 11-17-2008; Ord. No . 10-11-84, § 16, 11-15-2010)
Sec. 46-117. -Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to
company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges
and rates of the city, and to impose such additional conditions, that are not inconsistent with
the rights granted by this article, upon the company and all persons, firms or entities of the
same class as the company, as may be reasonably necessary in the discretion of the city
council to preserve and protect the public, health, safety and welfare and/or insure adequate
service to the public.
(Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-
30, § 1711-17-2008; Ord. No.10-11-84, § 17, 11-15-2010)
Editor's note-Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-117 fr om
"Reservation to amend city ordi nances and regulations" to "Amendments of city ordinances and
regulations."
Sec. 46-118. -Taxes.
The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any,
that are imposed upon the company. Absent an administrative or judicial challenge, or appeal,
the failure to pay any such tax, levy or assessment shall be a breach of this article.
(Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No . 07-11-54, § 18, 11-15-2007; Ord. No . 08-11-
30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010)
Page 19 of 21
ST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-12-291
Editor's note-Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-118 from
"Payment of taxes required" to "Taxes."
Sec. 46-119. -Public necessity.
The council hereby finds and declares that the public welfare, convenience and necessity
require the service which is to be furnished by the company.
(Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No . 08-11-
30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010)
Editor's note-Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-119 from
"Disposal of solid waste deemed public necessity" to "Public necessity."
Sec. 46-120. -No suspension oflaws.
All provisions of the ordinances of the city as now existing or as may be amended from time
to time, and all provisions of the statutes of the State of Georgia applicable to general Jaw
cities shall be a part of any resulting contract from this article as fully as if the same had been
expressly stated herein, and said the city retains and may exercise all of the governmental
and police powers and all other rights and powers not directly inconsistent with the terms,
conditions and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-
30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010)
Editor's note-Section 22 ofOrd. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-120 from
"City ordinances and state law considered part of contract" to "No suspension of laws."
Sec. 46-121. -Peaceful employment.
From and after the effective date of this article, the city and the company shall be and are
hereby authorized and entitled to act in reliance upon the terms, conditions and provisions
of this article and any resulting contract and, subject thereto, the company shall collect rates
for service, operate and conduct its business and work within the city, and enjoy the benefits
and privileges of this article during the term hereof.
(Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-
30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010)
Editor's note-Section 23 ofOrd. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-121 from
"City and company to rely on this chapter" to "Peaceful employment."
Sec. 46-122. -Endorsements and records.
The city clerk is directed to make endorsements as appropriate over his/her official hand and
the seal of the city on the form provided at the conclusion of this article, for the public record
and convenience of the citizens, of the date upon which this article is finally passed and
adopted.
(Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-
30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010)
Page 20 of 21
STATE OF GEORGIA
COUNTY OF FULTON
Sec. 46-123. -Acceptance by company.
ORDINANCE NO. 16-12-291
Within 30 days after the passage of this article, or within 30 days of establishing a business
within the corporate city limits, all companies operating a residential or commercial refuse
waste service shall file with the city its acceptance of the terms and provisions of this article,
and request for contract. The acceptance and request for contract shall be in writing on the
company's letterhead and provide as follows:
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107F
Milton, GA 30004
____ (the "Company"), acting by and through an officer who is acting within its
official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance
to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and
governed by each term, provision and condition of the Ordinance, to accept and to give
the benefits provided by the Ordinance, and to perform each service and duty set forth
and provided for in the Ordinance in a businesslike and reasonable manner and in
compliance with the Ordinance.
Company: .....
By: .....
Printed Name: .....
Title: .....
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-
30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
Editor's note-Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of§ 46-123 from
"Written acceptance of company required" to "Acceptance by company."
46-124. -Decal
Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the
company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the
company a decal designating the company as an approved Milton hauler in compliance with the
City's solid waste ordinance.
Page 21of21