§ 14-02-040. Hauling of garbage or refuse.

(a)

It shall be unlawful for any person to engage in the business of hauling or causing to be hauled on or along any public street or alley in the city any garbage, refuse or trash unless such person is licensed and approved by the city commission of the City of Alamogordo and unless such materials shall be contained in vehicles or receptacles so constructed as to prevent the contents from falling, leaking or spilling therefrom, any odor escaping therefrom and to prevent any flies, insects or rodents from having access to the contents thereof. Such vehicles or receptacles shall be constructed and maintained in the manner prescribed by the city manager. It shall be the duty of every person hauling any refuse along the streets or alleys of the city to replace immediately in the conveyance used for such hauling any of the contents which may fall therefrom in or upon any street, alley or premises within the limits of the city.

(b)

The city commission of the City of Alamogordo shall license and approve all sanitation service providers operating within the city. No approval shall be granted unless the sanitation service provider meets the city's minimum insurance requirements for public injury and property damage and the equipment used meets all environment department requirements for garbage hauling. The City of Alamogordo may provide for the collection and disposal of refuse by contract or in any manner deemed suitable by the city commission.

(c)

This ordinance shall not prohibit the actual producers of refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions herein and with any other governing law or ordinances. Additionally, this ordinance does not prohibit lawn maintenance contractors from conveying and disposing of ordinary lawn waste such as grass clippings and leaves.

(Ord. 900, § 4, 1-25-94)