Knowledgebase-Ordinance Providing for Private Collection of Bulk Refuse


Information Product

Title:Ordinance Providing for Private Collection of Bulk Refuse
Summary:An ordinance for solid waste permits.
Original Author:Rollins, Sharon
Co-Author:
Product Create Date:05/27/2011
Last Reviewed on::03/20/2017
Subject:Solid waste--Collection--Municipal ordinances; Licenses and permits
Type:Ordinance
Original Document: Ordinance for bulk refuse collection.pdf

Reference Documents:

Text of Document: Ordinance No._____

An Ordinance Providing for Private Collection of Bulk Refuse
Be It Ordained by the City of Fayetteville, Tennessee:

Section 1. Title 17 of the Municipal Code is amended by adding a new Chapter 2
Chapter 2
Private Collection of Bulk Refuse

SECTION
17-201. Short title.
17-202. Prohibited without a permit.
17-203. Bulk refuse collector's permit generally.
17-204. Fee for bulk refuse collector's permit.
17-205. Insurance requirements for bulk refuse collectors.
17-206. Vehicle requirements for bulk refuse collectors.
17-207. To dispose of refuse.


17-201. Short title. This chapter is the "Private Collection of Bulk Refuse Ordinance of Fayetteville, Tennessee."

17-202. Prohibited without a permit. No person, firm or legal entity shall engage in the business of the collection, removal or disposal of garbage, refuse or rubbish for a fee or charge without a permit issued under this chapter.

17-203. Bulk refuse collector's permit generally. (1) Permits for the collection of garbage, refuse or rubbish and its prompt disposal may be issued by the city administrator upon the filing of an application on a form prescribed by the city administrator; but the same shall be issued only after the city administrator has satisfied himself or herself that the applicant possesses or has available the necessary equipment and facilities to adequately perform the service of collection, storage, removal and disposal of garbage, refuse or rubbish. Permits shall be valid for one (1) year following date of issuance thereof unless sooner suspended or revoked. Any such permit may be immediately suspended for cause by the city administrator and, after notice and hearing thereon, may be revoked by the city administrator for the violation of any of the provisions of this chapter. (2) Each permit issued under this section shall be numbered, and the permit holder shall place such number in a conspicuous place on each vehicle operated in the business.

17-204. Fee for bulk refuse collector's permit. A fee of one hundred dollars ($100.00) shall be assessed and collected by the city administrator for the issuance of each permit under 17-203. In addition thereto, a fee of ten dollars ($10.00) shall be assessed and collected for each vehicle designed for the collection and transportation of refuse and which is used by the permit holder in the collection and transportation of refuse under this permit.

17-205. Insurance requirements for bulk refuse collectors. As a condition precedent to the issuance of a permit under 17-203, the applicant shall furnish certificates showing general liability insurance for bodily injury liability on the comprehensive form with limits of one hundred thirty thousand dollars ($130,000.00) per person in any one (1) accident and, subject to that limit for each person, three hundred fifty thousand dollars ($350,000.00) for two (2) or more persons in any one (1) accident and automobile public liability and property damage insurance with limits of one hundred thirty thousand dollars ($130,000.00) per person in any one (1) accident and, subject to that limit for each person, three hundred fifty thousand dollars ($350,000.00) for two (2) or more persons in any one (1) accident for bodily injury liability and fifty thousand dollars ($50,000.00) property damage liability on the comprehensive form covering owned, non-owned and hired automobiles which will be used in connection with the work to be done under the permit.

17-206. Vehicle requirements for bulk refuse collectors. All vehicles used by the holder of a permit under this chapter for the collection, removal and disposal of refuse shall have watertight metal bodies.

17-207. To dispose of refuse. All refuse collected by holders of permits under this chapter shall be disposed at a facility approved by the State of Tennessee.

Approved on First Reading_____________________

Approved on Second Reading___________________

__________________________ ___________________________
Mayor City Recorder


__________________________________
City Attorney

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.