§ 39-96. Information required on solid waste transport vehicles.  


Latest version.
  • (a)

    It shall be unlawful for any person to operate or cause to be operated any vehicle whose major use (as defined by the director) is the transporting of solid waste upon any public street within the city unless the name and telephone number of the hauler is posted and maintained thereupon in the manner provided in this section. The word "hauler" as used in this section shall mean the owner of the vehicle, provided that if the vehicle is operated pursuant to a lease or other arrangement whereby the owner is not entitled to the use of the vehicle, then "hauler" shall mean the person entitled to the use of the vehicle.

    (b)

    It is an affirmation defense to prosecution under this section that the cargo transported by such person:

    (1)

    Contains two cubic yards of solid waste or less; or

    (2)

    Originated outside the city and is destined for transport outside the city, provided that no solid waste is loaded or unloaded within the city.

    (c)

    It is also an affirmative defense to prosecution under this section that:

    (1)

    The vehicles is owned by a political subdivision and is marked in compliance with the law applicable to vehicles owned by such subdivision; or

    (2)

    The vehicle is required to be marked or posted in a manner inconsistent herewith by applicable state or federal laws, rules or regulations and is marked or posted in compliance therewith.

    (d)

    The name and telephone number required to be posted by this section shall be printed on a vertical or nearly vertical surface upon both sides, and when the configuration of the vehicle allows, in the rear, in proportional and proportionally spaced block letters and numbers not less than three inches in height having a brush stroke not less than three-eighths inch in width, shall be of a solid color which contrasts with the background color upon which they are printed and shall be maintained in a clean and unobstructed manner at all times. Abbreviated names may be used, provided that the hauler notifies the director of public health and the solid waste management department director of the abbreviation. In the event that the vehicle is designed in such a manner that the solid waste is transported within a trailer or off-site service type of receptacle which is towed or carried by the vehicle, then the letters and numbers required on the rear of the vehicle may be printed upon such trailer or receptacle in lieu of the vehicle itself. The requirement may be met through the use of decals.

(Code 1968, § 20-31; Ord. No. 81-1524, § 1, 8-11-81; Ord. No. 88-1643, § 7, 10-12-88; Ord. No. 90-635, § 94, 5-23-90; Ord. No. 93-514, § 65, 5-5-93; Ord. No. 2015-820, § 27, 8-26-2015)