§ 19-21. Franchise required.

(a)

It is unlawful and prohibited for any person, for consideration in any form, to collect solid waste within Osceola County and transport same over, across or upon any portion of the county road system without having first obtained a franchise pursuant to the terms of this article. The provisions of this article shall not apply to the county, the Celebration Community Development District (which was contracting for the collection of solid waste prior to the imposition of solid waste service assessments) or any municipality collecting and transporting solid waste within each such governmental unit's respective jurisdictional limits or those haulers contracting with the county, the Celebration Community Development District or any municipality collecting and transporting residential household waste within each such governmental unit's respective jurisdictional limits. Nor shall the provisions of this article apply to persons who merely collect and transport solid waste as an activity incidental to and resultant from another principal activity in which such person is engaged such as, by way of illustration and not limitation, disposal of yard trash by lawn maintenance services, contractors disposing of their construction and/or demolition debris, and agricultural operations disposing of their agricultural waste.

(b)

Each franchise granted pursuant to this article shall be nonexclusive. It shall grant the franchisee the privilege, subject to the terms of this article, of collecting solid waste within unincorporated Osceola County and transporting solid waste over, across or upon the various streets, roads, highways, rights-of-way and transportation facilities comprising the county road system. It shall not operate to exempt the franchisee from any other requirements of law, ordinance or resolution such as by way of illustration and not limitation, zoning and other land development regulations, occupational license and other taxes of whatever nature, building permits, landfill fees, and all other applicable regulatory, taxation or fee requirements. All franchises shall be for a term of five (5) years. All newly granted franchises shall be pursuant to the terms and condition of this article or amendments thereto or other applicable ordinances or resolution then in effect. A franchise shall not grant an easement or interest in the county road system to a franchisee. The county reserves all rights to open, improve, regulate, close, route, re-route, abandon, vacate and otherwise control the rights-of-way and other transportation facilities and properties under its ownership, control or jurisdiction, and the franchisee's use thereof is subject and subordinate to the county's exercise of such rights. Franchisees shall notify the county of any transfer in interest of an existing franchise including, but not limited to, name and address.

(c)

No individual, entity, corporation or the like, shall place a roll off container, for the collection of solid waste in Osceola County without having first obtained a franchise. In the event of such unfranchised placement, the county may remove the roll off container from its location and provide notice of such removal to the individual, entity, corporation, or the like, which appears to reasonably be the owner. In order to retrieve the unfranchised container, the owner must pay the county fifty dollars ($50.00) per day for the storage of the container. After notice has been provided to the apparent owner, the county shall store the container for at least thirty (30) days. Following such thirty-day period, the county may dispose of the container in any manner which it deems appropriate without further notice to the apparent owner.

(d)

The granting of a franchise hereunder and its acceptance by the franchisee shall not constitute an employment relationship for any purpose between the county and the franchisee. This article is intended to franchise the privilege of solid waste collection and transport and regulate same. It is not intended to be a service provider contract, which remains in privity between the franchisee and its individual customer/patrons.

(e)

Any franchise granted pursuant to this article may be revoked by the county for cause based upon the breach or violation of any term or condition of this article and as it may, from time to time, be amended or supplemented by resolution. Revocation may be commenced by the county manager giving notice to the franchisee describing the alleged breach or violation and stating the time, date and place at which the matter will be heard by the board, which shall not be less than thirty (30) days from the date said notice is given. The board shall consider the evidence presented in support of the allegations and the evidence and positions of the franchisee, and such other information as may be presented, including the statements of individual customers or patrons of the franchisee, if any.

(Ord. No. 05-29, § 1, 8-1-05; Ord. No. 05-48, § 2, 10-3-05; Ord. No. 06-19, § 1, 6-5-06; Ord. No. 08-26, § 3, 9-8-08)