§ 6:390. Private collection of commercial establishments' garbage and trash.(City)

(a)

The director shall not authorize the private collection of garbage and trash for residential houses within the city.

(b)

Provided that a written declaration is obtained from the generator of processed industrial waste stating that the waste being transported to the Devil's Swamp Sanitary Landfill is compatible with waste presently at the landfill, the director shall authorize the private collection of garbage or trash, or both, for the commercial establishments, including churches and institutions, by the issuance of a license upon the application of the collector and the compliance with the other requirements set forth hereinafter:

(1)

The transporting of toxic or hazardous waste (as defined in the rules and regulations of the Department of Natural Resources, Office of Environmental Affairs, State of Louisiana, implementing the Federal Resource Conservation and Recovery Act of 1976 - Public Law 94-580) to the city Devil's Swamp Sanitary Landfill or compactor stations by any collector licensed under this section shall constitute a violation of the conditions of the license and shall result in revocation of the license.

(2)

The disposal of any waste collected from outside the city-parish at the Devil's Swamp Sanitary Landfill or compactor stations by any collector licensed under this section shall constitute a violation of the conditions of the license and shall result in revocation of the license.

(c)

Any person desiring to secure a license for the private collection of garbage and trash or the transportation of the same shall submit an application therefor to the treasurer, who shall immediately forward a copy to the director and to the health unit. The application shall contain the following information:

(1)

Private collector's name, home address, business address and telephone numbers. This includes information as to persons doing business under fictitious names, members of partnerships and officers of corporations or associations;

(2)

A list of equipment intended to be used by the private collector within the city, including a full description thereof;

(3)

The date upon which the applicant desires the permit to be issued;

(4)

Proof of public liability insurance issued by a company authorized to do business in the state in the amount of one hundred thousand dollars ($100,000.00) for death or injury to any one person in one accident; three hundred thousand dollars ($300,000.00) for death or injury to more than one person in any one accident, and twenty thousand dollars ($20,000.00) property damage;

(5)

Such other and further information as the refuse committee of the council may require;

(6)

Whether the applicant is going to collect garbage or trash or both.

(d)

The treasurer shall cause an investigation to be made of the facts stated in the application and cause the applicant to have all of his vehicles inspected and approved by the health unit. If the facts are verified and the vehicles approved, then a license shall be issued to the applicant and permits issued for his vehicles upon payment of the fees hereinafter set forth.

(e)

The private collection license shall be effective for the fiscal year beginning on January first until December thirty-first, after which date it shall expire and be renewable. The private collector shall pay an annual license fee of two hundred dollars ($200.00) for each vehicle, which fee shall not be less than two hundred dollars ($200.00) for any portion of a year. In addition to the penalties provided under this part, a fine of one hundred dollars ($100.00) per vehicle shall be assessed as a penalty for each use of an unlicensed vehicle; and further, failure to comply with the requirements of this subsection may result in revocation of any and all permits for vehicles licensed under this section.

(f)

The director, subject to the approval of the refuse committee of the council, may impose conditions upon the issuing of a permit reasonably calculated to eliminate excessive noise, scattering of dust and dirt, scattered materials, and similar nuisances, and to prevent obstruction of public streets and interference with traffic. No waste collection shall be permitted at commercial establishments between the hours of 10:00 p.m. and 5:00 a.m.

(g)

The director may make rules and regulations for the identification of private collectors and their equipment.

(h)

No vested right or property interest is acquired by a license or permit issued to any person under the terms of this section, but the permit may be suspended or revoked when it shall be established:

(1)

That any of the conditions of the license or permit is being violated;

(2)

That the license or permit is being exercised in violation of this part or any ordinance or statute;

(3)

That the license or permit is being used for a purpose detrimental to public health, morals, peace and order or is being used for a purpose foreign to that for which the license or permit was issued;

(4)

That the application contained falsehoods;

(5)

That the equipment being used by the private collector fails to meet the health and safety standards established by the city-parish, the state, or federal government;

(6)

If licensee is not performing the services intended under this Code;

(7)

That the licensee is discriminating against any employee or applicant for employment because of race, creed, color or national origin.

(i)

In case of any violation of, or failure to comply with the provisions of this part, the solid waste management committee shall conduct a hearing and give the collector five (5) days' written notice to appear and answer the charges set forth in the written notice. Upon a finding that a violation has occurred, the solid waste management committee may, for the first such violation or conviction, issue a warning to the violator that such appearance constitutes a first violation within the meaning of this part and that future violations hearings shall result in the penalties herein provided; or if the solid waste management committee is of the opinion that the violation is of such a nature, or if the public interest requires such, it may refer the violator to the council for a hearing at the next regular meeting thereof, with a recommendation for suspension or revocation of the license or permit held by the violator. The solid waste management committee may recommend a suspension of the collector's license or any of his permits for the vehicles, or both.

For any violation found by the committee or council or conviction by a court occurring within one year of a prior violation or conviction upon which a hearing has been or is hereafter conducted by the solid waste management committee or the council, the council shall conduct a hearing as herein provided and shall impose not less than the following minimum penalties:

For such second violation, 15 days' suspension;

For any subsequent violations, 1 year suspension.

Nothing herein shall be construed to prohibit the council or the solid waste management committee at any time where it finds the provisions of this part to have been violated, or that the public interest requires such, from calling and holding a hearing, in accordance with applicable law, for the purpose of recommending the revocation or suspension of, or revoking or suspending, any license or permit issued hereunder.

(j)

Nothing herein shall prevent the city and parish and the department of public works from entering into a contract with a private contractor for the collection and disposal of garbage, trash, bulky waste and litter, when authorized to do so by the metropolitan council and the mayor-president of the parish and city. Should a contract or contracts be entered into between the city and parish with a private contractor for the collection and disposal of garbage, trash, bulky waste and litter, the terms and conditions of that contract shall take precedence over all the provisions of this section.

(City Code 1951, Title 6, § 415; Ord. No. 8074, § 9, 12-11-85; Ord. No. 12387, § 1, 8-14-02)