§ 10.08.040. Exclusive right to collect solid waste and recyclable materials in city; disposal.

(a)

No person or entity other than the city, its duly authorized agents, servants, employees or contractors and its subcontractors shall i) collect collection materials in contractor's exclusive service area, ii) transport anywhere in the city collection materials collected in contractor's exclusive service area, or iii) deliver any collection materials collected in contractor's exclusive service area to any disposal, processing, recycling or similar facility, except as expressly provided under this article and the agreements. The preceding sentence is intended to be broadly interpreted to preclude, without limitation except as expressly provided in the agreements, any activity relating to the collection or transportation of collection materials from residences and commercial activities that is solicited, arranged, brokered, or provided by any person or combination of persons in exchange for the payment, directly or indirectly, of a fee, charge, rebate, discount, commission, or other consideration, in any form or amount. Notwithstanding any other provision of any agreement, the exclusive right of contractor shall not apply to excluded materials, exempted drop box materials, exempted hauler account materials and subject to and as provided in the agreements, excluded recyclable materials and exempted facility material delivered to exempted facilities. Contractors and other service providers may collect and transport excluded materials and exempted drop box materials in the exclusive service area and elsewhere in the city and may charge fees and charges for services as the service provider may elect.

(b)

No person or entity other than the service provider under the disposal agreement shall accept, handle, process, recycle or dispose of any collection materials which are the subject of the exclusive rights granted under any agreement.

(Code 1966, § 5.28.040; Ord. No. 6261, § 1, 11-7-12)