Sec. 5-5. Proof of insurance required; other specifications.
Sec. 5-6. Vehicle identification.
Sec. 5-8. Violations and remedies.
Sec. 5-9. Conflict with other ordinances and effective date.
Editor's note— Ord. of 9-10-91, repealed §§ 5-1—5-4, which pertained to definitions and permit regulations and derived from Ord. of 5-9-72, §§ 1, 2, 4, 5 and Ord. of 1-12-88. Said ordinance also enacted § 5-4 to read as herein set out.
(a) License requirement. No person shall collect, transport, or deliver solid waste, as solid waste is defined in 10 V.S.A. Section 6602, within the Town without first obtaining a license to do so from the Colchester Selectboard as provided herein.
(b) Term of license. Each license shall be valid for a period not to exceed one (1) year and shall expire on June 1 of each year.
(c) Designation of disposal point in license. The Selectboard shall designate upon each license specific facilities or locations authorized by the Selectboard for the disposal, delivery, or storage of solid waste. No person shall dispose of solid waste at any location or facility other than those specifically permitted and designated on his or her license.
(d) Changes in designation of disposal point. The Selectboard may, upon reasonable notice to any licensee affected, make reasonable changes in the designation of the facility or location for disposal of solid waste, and by acceptance of such license, each licensee shall be subject to and bound by such changes.
(e) Licensing fee. The Town hereby imposes a licensing fee in the amount set forth in Chapter 6.5, Ordinance Regulating Fees for Permits and Licenses, payment of which is a precondition of issuance of a license.
(Ord. of 9-10-91)
Sec. 5-5. Proof of insurance required; other specifications.
Applicants will be required to submit proof of proper liability insurance coverage; said coverage to be a minimum of one hundred thousand dollars ($100,000.00)/three hundred thousand dollars ($300,000.00)/twenty-five thousand dollars ($25,000.00) bodily injury and property damage.
Carters shall also indicate that they are operating vehicles with a reverse signal alarm audible above the surrounding noise level.
At any time during the application process or during the term of a license, applicants may be required to provide:
(1) A performance and payment bond, or other security, in a form acceptable to and approved by the Town, in an amount set by the Selectboard, not to exceed the estimated amount of the licensee's tipping fees for two (2) calendar months, said security to ensure compliance with the requirements of this Section, including the requirement that the licensee properly dispose of solid waste at a facility designated by the Selectboard. In the event that the Selectboard determines that the licensee has failed to deliver solid waste to the designated facility or to pay fees due the Town under this Section, said security shall be forfeited to the Town;
(2) A list and description of the pick-up routes within the Town, together with the estimated number of customers on each route and the approximate tonnage attributable to said route.
(Ord. of 1-12-88; Ord. of 9-10-91; Ord. of 5-26-92)
Sec. 5-6. Vehicle identification.
Upon approval of a carter's license, an identification sticker will be issued for each truck to be used in the Town. Such identification shall be affixed to the left side of the front bumper of the vehicle.
(Ord. of 5-9-72, § 7; Ord. of 1-12-88)
Any carter operating such business with a base of operation on property in the Town of Colchester shall comply with the following minimum standards:
(1) Only those trash hauling vehicle(s) which are registered in the name of the licensed operator shall be parked on the premises.
(2) That vehicle(s) shall be parked only in the rear yard of the property.
(3) No dumpsters or other trash receptacles shall be stored on the premises if not contained within a screened storage area in the rear yard of the property.
(4) All vehicles(s) shall be emptied and no overnight storage of trash in the vehicle(s) shall be permitted on the premises.
(5) The parking area where the vehicle(s) will be parked shall be within an opaque fence enclosure.
(6) All repairs to vehicle(s) on premises shall be done entirely within an enclosed structure or within twenty-four (24) hours.
(Ord. of 1-12-88; Ord. of 9-10-91)
Sec. 5-8. Violations and remedies.
(a) Revocation of license. After hearing and finding that a licensee has violated this Ordinance or any terms, condition, or restriction set forth in the licensee's license, the Selectboard may revoke such license. Upon the revocation of any license issued hereunder, the Selectboard may deny any subsequent application for a license by such person.
(b) Injunctive relief. In addition to any other remedy provided in this Ordinance or available at law or in equity, the Town may seek to enjoin a violation of the terms of any license, the provisions of this Ordinance, or the rules and regulations adopted hereunder.
(c) Fines. Any person who violates this Ordinance, or any of the terms and conditions of a license issued hereunder, shall be fined pursuant to Chapter 1, Section 1-9. Each day a violation continues shall constitute a separate violation.
(d) Damages. Notwithstanding the other remedies available to the Town, in the event the Town fails to receive revenues as a result of a person(s) violating the provision of this Ordinance, or is damaged in any other manner as a result of actions which violate the terms of this Ordinance, the Town shall be entitled to recover all such damages, as well as reasonable attorney's fees and costs incurred in the recovery of said damages.
(Ord. of 9-10-91; Ord. of 9-10-96)
Sec. 5-9. Conflict with other ordinances and effective date.
(a) Conflict with other ordinances. The provisions of this Ordinance shall not be construed to abrogate and annul the provisions of other ordinances or regulations. Where this Ordinance imposes a greater restriction than is imposed by any other ordinance or regulation, the restriction(s) of this Ordinance shall prevail.
(b) Effective date. The effective date for this Ordinance shall be determined in accordance with the provision and procedures established by the Town Charter.
(Ord. of 9-10-91)