§ 6-3.27. Exemptions and exclusions.

(a)

Residential exemption. Residents who own a place of business within the City and subscribe for weekly commercial bin service exclusively for their business may be exempted from the provisions of Section 6-3.14(a); provided, that they execute and file with the City a request for exemption. Said request for exemption shall stipulate that the commercial service be used only for discards generated by their business; residential discards generated by the subscriber at their primary residence may be disposed of in the commercial bin; at all times the commercial subscription shall be kept current; and that all of the other provisions of this chapter shall be observed. Additionally, proof of commercial subscription shall be provided at the time the request for exemption is submitted and shall be updated when required by the City. Failure to comply with the above requirements shall invalidate the exemption.

(b)

Residential householder and commercial solid waste exclusions. An owner or occupant may collect and haul solid waste generated in or on their residential or commercial premises on an occasional non-regular basis to a permanent site where disposal or processing thereof is pursuant to applicable laws, provided; however, that such person complies with the minimum standards of health, sanitation, and disposal as set forth in this chapter, and no person (other than a Collector as defined in this chapter) providing a hauling service for a fee, charge, or other consideration, and who disposes of such material at a transfer station or landfill shall be involved.

(c)

Residential householder's exclusion. No person, except the City franchised collector or recyclable commodities collector shall collect recyclable materials from any residential premises in the City. However, no provision of this chapter shall prevent a residential household from donating or selling recyclable materials generated in or on the residential premises.

(d)

Commercial exclusion. No business or enterprise shall employ or use any person other than the City collector to collect recyclable materials for a fee, charge, or other consideration. However, no provision of this chapter shall prevent a business from selling or donating to a recyclable collector any source separated recyclable materials generated in or on the premises of the commercial entity.

(e)

Gardeners' exclusion. No provision of this chapter shall prevent a gardener, tree trimmer, or person engaged in a related trade from collecting grass cuttings, prunings, and other similar material not containing solid waste, as an incidental action as a result of providing such gardening, tree trimming, or related service, in the ordinary course of the licensed business; provided, that the transport of such material shall be to a location where such material shall be lawfully disposed of or processed.

(f)

Contractor's exclusion. Licensed primary contractors may transport demolition or construction debris only when the material is generated by their own business at their place of business, or when employed under contract by the owner of a lot or parcel, from said lot or parcel, for demolition or construction services. However, if the licensed primary contractor subcontracts the transporting of demolition or construction debris, such trans-portation, shall be provided by a franchised collector, if one or more are designated. If the removal of demolition and construction debris is franchised, then it shall be unlawful for the licensed contractor to allow subcontractors solely employed to haul discarded construction or demolition debris from the worksite. If the removal of demolition and construction debris is franchised, an owner of a lot or parcel shall not hire a primary contractor for the sole purpose of clean-up and transportation service in avoidance of collection, transportation, and disposal services provided by a franchised collector. If the removal of demolition and construction debris is franchised, no primary contractor shall employ or use any person other than the City franchised collector to collect salvageable or recyclable materials for a fee, charge, or other consideration. However, no provision of this chapter shall prevent a business from selling or donating to a recyclables collector any source separated recyclable material generated at the work site.

(g)

Franchise required. No person shall operate a business that collects, gathers, transports, processes, removes and/or disposes of discards produced within the City, other than as provided in this Chapter, without having first obtained a franchise, if optioned by City, in accordance with the provisions of this chapter.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 2, Ord. 990, eff. January 18, 2001)