HomeMy WebLinkAboutOrdinances 19-12-411 - 12/16/2019 - Chapter 46 - Solid Waste1
STATE OF GEORGIA ORDINANCE NO. 19-12-411
COUNTY OF FULTON
AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF
ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON
BE IT ORDAINED by the City Council of the City of Milton, GA wlide in a regularly called council
meeting on December 16, 2019 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, American Disposal Services, Arrow Waste, 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 in 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;
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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 as 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 16th day of December 2019.
1
Attest:
Sudie AM Gordon, City Cie k
1
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I
4X■ _l_ ti , 1
Chapter 46 - SOLID WASTED
Footnotes:
--- (1) ---
State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.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, O.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,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
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.
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.
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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 law, 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 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.
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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; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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.
(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, § 1(ch. 17, art. 1, § 1), 3-17-2008; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Sec. 46-3. - Collection fees.
All fees are listed in section 46-70, contract and rental fees.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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, § 1(ch. 17, art. 1, § 4), 3-17-2008; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
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2013; Ord. No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Secs. 46-5-46-23. - Reserved.
ARTICLE II. - LITTERING
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
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; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
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2013; Ord. No. 14-11-228, § 1, 11-17-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord.
No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Secs. 46-25-46-43. - Reserved.
ARTICLE III. - COLLECTION SERVICES
DIVISION 1. - GENERALLY
Secs. 46-44-46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
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, § 1(ch. 17, art. 1, § 2), 3-17-2008; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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; Ord. No. 11-11-117, §§ 15, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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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 of funds for payment of service shall include at a minimum, the 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: 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.
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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.
Q) 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; Ord. No. 11- I 1-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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, 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; Ord. No. 11-11-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
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No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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.
(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, § 6, 11-15-2010; Ord. No. 11-11-117, § § 15, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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 its 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.
Page 10 of 38
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; Ord. No. 11-11-117, § § 15, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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 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.
Page 11 of 38
LI
(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, 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; Ord. No. 11-11-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
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 fees."
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; Ord. No. 11-11-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
Page 12 of 38
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:
(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; Ord. No. I 1-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), I I-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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."
Page 13 of 38
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 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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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.
(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;
Page 14 of 38
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office or
answering service that is available by phone without long 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 in this article;
(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.
Page 15 of 38
(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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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
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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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."
Page 16 of 38
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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Secs. 46-97-46-115. - Reserved.
DIVISION 4. - ADDITIONAL PROVISIONS
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. 08-11-3 0,
§ 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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,
§ 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010; Ord. No. 11-11-117, §§ 1-5, 11-21-
Page 17 of 38
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Editor's note- Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-117 from "Reservation to amend city ordinances 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; Ord. No. 11-11-117, § § 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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; Ord. No. 11-11-117, § § 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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 of laws.
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 law 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; Ord. No. 11-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
Page 18 of 38
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Editor's note— Section 22 of Ord. 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; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Editor's note— Section 23 of Ord. 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; Ord. No. 11-11-117, § § 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
Sec. 46-123. - Acceptance by company.
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
2006 Heritage Walk
Milton, GA 30004
Page 19 of 38
1
(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; Ord. No. 11-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263, § 5(Exh. A), 11-16-
2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017)
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."
Sec. 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.
(Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017)
Page 20 of 38
Chapter 46 - SOLID WASTED
Footnotes:
--- (1) ---
State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.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, O.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,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
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.
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 state department of natural
resources, environmental protection division (Georgia EPD chapter 391-34.01(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,
Page 21 of 38
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 law, 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 state 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 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 state 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 non -recyclable 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 non-putrescible 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 state 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; Ord. No. 11-11-117, §§ 15, 11-21-2011;
Page 22 of 38
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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.
(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, § 1(ch. 17, art. 1, § 1), 3-17-2008; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-3. - Collection fees.
All fees are listed in section 46-70, contract and rental fees.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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, § 1(ch. 17, art. 1, § 4), 3-17-2008; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Secs. 46-5-46-23. - Reserved.
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
Page 23 of 38
1
1
1
(a)
RM
(c)
0
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
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.
All business firms dispensing their product i d*W,pRra ems, a ks pnd other similar forms
of containers s iqq d&M09t ipr�ygipy--, 4WW�mises for collection of
refuse . It shall s on0di 9II such business firms to collect all cups, plates,
wra ISa War Fer similar forms of containers dispensed b said business that may
pptv p Y Y
discarded upon the premises or neigh ri stye sI ewalks. It further shall be the responsibility
of said business to collect t aforem iced it ises of the neighboring property
when the owners o>Dwdoro Ri @X t �'1dt't il�Trize the business personnel to enter
upon their property for aip1�86 . cola BV _
Construction site operators must pro- d ild g � als, concrete truck
washott�altp)i[All
r, s IRti wwnSJi�t at may cause adverse
impact� si torGplo� iLd ate containers upon the
premis s�i��t�terolDVi t �f�collected at the site.
Any person wwho sBoMte,U�U�Wrovi ions 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; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 14-11-228, § 1, 11-17-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord.
No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No.
18-12-385 , § 5, 12-17-2018)
Secs. 46-25-46-43. - Reserved.
ARTICLE III. - COLLECTION SERVICES
DIVISION 1. - GENERALLY
Page 24 of 38
Secs. 46-44-46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
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, § 1(ch. 17, art. 1, § 2), 3-17-2008; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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; Ord. No. 11-11-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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; Ord. No. 11-11-117, § § 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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
Page 25 of 38
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. 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 its 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 of funds for payment of service shall include at a minimum, the 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: steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2,
and #3); cardboard, cereal boxes and any non -waxed 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
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company; bushes, brush, and all other general debris generated from the maintenance of residential
yards and lawns.
Q) 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 non -collected 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; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017, Ord. No. 18-12-385 , § 5, 12-17-2018)
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, 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; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord,
No. 15-11-263 , § 5(Exh. A), 1 1-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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:
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(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.
(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, § 6, 11-15-2010; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 its 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.
Page 28 of 38
(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; Ord. No. 11-11-117, §§ 15, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 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.
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 ten
percent of the amount not timely paid. In addition, all amounts otherwise due, including late
fees, shall accrue interest at the rate of 1.5 percent 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
Page 29 of 38
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, 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; Ord. No. 11-11-117, §§ 15, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 fees."
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; Ord. No. 11-11-117, §§ 1-5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 "Compliance with
law."
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 and acceptable to the city, insuring against claims for liability and damages
Page 30 of 38
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 state 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, 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:
(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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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
Page 31 of 38
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 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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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.
(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 long 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;
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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 in this article;
(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; Ord. No. 11-11-117, § § 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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."
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Sec. 46-94. - Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any resulting
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; Ord. No. 11-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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; Ord. No. 11-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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
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(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; Ord. No. 11-11-117, § § 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Secs. 46-97-46-115. - Reserved.
DIVISION 4. - ADDITIONAL PROVISIONS
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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 ensure 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,
§ 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note- Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city
ordinances and regulations."
Sec. 46-118. - Taxes.
Page 35 of 38
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; Ord. No. 11-I 1-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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; Ord. No. 11-11-117, §§ 1-5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
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 of laws.
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 applicable to general law 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; Ord. No. I I - I 1-117, § § 1-5, 11-21-
2011, Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note- Section 22 of Ord. 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
Page 36 of 38
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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 23 of Ord. 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; Ord. No. 11-11-117, § § 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-123. - Acceptance by company.
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 in a format provided by the city substantially as
follows:
City of Milton
2006 Heritage Walk
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 in the City of
Milton Code of Ordinances as Part II, Chapter 46 - Solid Waste, Article III - Collection Services, which
Ordinance is hereby incorporated herein by reference and as it may be amended from time to time. 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:
Page 37 of 38
1
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; Ord. No. 11-11-117, §§ 15, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-
2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017;
Ord. No. 18-12-385 , § 5, 12-17-2018; Ord. No. 19-04-394 , § 1, 4-22-2019)
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."
Sec. 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 city hauler in compliance with the city's solid waste
ordinance.
(Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263, § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Page 38 of 38