3.10.040 Rights granted by exclusive franchise.
(1) Subject to the conditions and reservations contained in this chapter, and to further the purpose, policy and scope as stated in MMC 3.10.020, the City hereby grants to Albany-Lebanon Sanitation Company, a corporation, the exclusive right, privilege and franchise to provide service to residents and persons located within the City of Millersburg, and to use the City streets within the City of Millersburg for said purpose, and to charge compensation from the residents and persons within the City for whom service is provided. The franchisee shall have all other rights, privileges and franchises necessary or incidental to the business of providing such service. The boundaries of the City are those in effect as of the effective date of the ordinance codified in this chapter, and any area that may be hereafter annexed to the City. For the purpose of this franchise, the franchisee shall have the right to use the streets of the City. No other person shall provide service for compensation or offer to provide or advertise for the performance of such service to any owner, tenant, lessee, member or occupant of any real property in the City.
(2) Nothing in this chapter shall:
(a) Prohibit any person from engaging in the collection of source separated materials for resource recovery or recycling for the purpose of raising funds for a charitable, civic or benevolent activity after notice to the franchisee and permission from the franchisee or the Council, providing said person or organization is not organized or operated for any solid waste management purpose.
(b) Prohibit any person from transporting solid wastes produced by themselves if the loading and operation of the vehicle containing the solid waste or wastes prevents the contents from dropping, sifting, leaking or otherwise escaping onto public rights-of-way or property adjacent thereto, and if such material will be disposed of or resource recovered pursuant to all applicable laws, ordinances and regulations of Federal, State or local government units having jurisdiction. Solid waste produced by a tenant, lessee, member, occupant or person other than the owner of the occupied, leased, or licensed premises shall be considered to be produced by such tenant, licensee, member, occupant or person and not by the landlord or property owner, and shall not be collected or transported by the owner or manager or landlord of the facility being rented, leased or for which a membership benefit may accrue.
(c) Prohibit any person from contracting with the State or a Federal agency to provide service to such agency under a written contract with such agency.
(d) Prohibit any person from providing service for hazardous waste, as defined herein, if they comply with all rules and regulations related to the collection, transportation and disposal of hazardous waste. (Ord. 98 § 4, passed 8-9-2005)