[SMALL TRASH COLLECTORS]

Gulfport Code of Ordinances ch. 5, art. XVI

in effect

Gulfport Code of Ordinances § 5-461 Purpose.

Sec. 5-461. - Purpose. The purpose of this ordinance is to establish licensure requirements for and regulations governing small trash collectors operating within the City of Gulfport to ensure the proper collection, transportation, and disposal of solid waste and hazardous household waste. (Ord. No. 3272, § 2, 7-5-23)

Gulfport Code of Ordinances § 5-462 Definitions.

Sec. 5-462. - Definitions. For the purposes of this ordinance, the following definitions shall apply: Small trash collector means any individual, partnership, or corporation engaged in the business of collecting and disposing of residential or small (non-industrial) commercial solid waste generated within the City of Gulfport using a vehicle with a gross vehicle weight rating (GVWR) of less than twenty-six thousand (26,000) pounds, including pickup trucks and other similar vehicles. Solid waste means all garbage, refuse, and other discarded materials, including but not limited to yard waste, construction and demolition debris, and hazardous household waste. Hazardous household waste means any waste generated in a household that is potentially harmful to human health or the environment, including but not limited to, batteries, pesticides, cleaning products, electronic waste, household paint, and other household chemicals. Household means a single-family dwelling, including its curtilage, and any other residential unit, such as a condominium unit, mobile home, or apartment unit, that is occupied as a residence by one (1) or more persons on a regular or temporary basis. (Ord. No. 3272, § 2, 7-5-23)

Gulfport Code of Ordinances § 5-463 Permit requirement.

Sec. 5-463. - Permit requirement. (a) No small trash collector may operate within the City of Gulfport without first obtaining a small trash collector permit to do so from the city. (b) Small trash collectors shall submit an application for a small trash collector permit to the city clerk's office, on an application form prepared by the city, which application shall, at a minimum, require the following: (1) The name (individual or corporate, as applicable), mailing address and physical address and phone number/s of the small trash collector; and (2) A description of the vehicle or vehicles to be used by the small trash collector in the conduct of its business; (3) Business tax certificate number, if applicable; (4) Proof of insurance; (5) Any and all other information required by the city on the application. (c) The city clerk shall issue a small trash collector permit, along with the required placard and window sticker, to a small trash collector if a fully completed application, with all required attachments, is submitted to the city clerk and the permit fee is paid in full. (d) The fee for a small trash collector vendor permit shall be twenty-five dollars ($25.00) per year. (e) A small trash collector permit shall be valid for one (1) year from the date of issuance, but may be renewed upon submission of a completed small trash collector permit renewal application and the permit fee. (f) Insurance Requirements. General liability insurance coverage of at least five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate; automobile liability insurance coverage of at least five hundred thousand dollars ($500,000.00) per occurrence; worker's compensation insurance, if applicable. (Ord. No. 3272, § 2, 7-5-23)

Gulfport Code of Ordinances § 5-464 Regulations governing small trash collectors.

Sec. 5-464. - Regulations governing small trash collectors. (a) Vehicle requirements. Vehicles used for the collection and transportation of solid waste must have a valid registration, proof of insurance, and be properly maintained and must comply with all applicable federal, state, and local laws and regulations. All vehicles must have the name of the small trash collector, in lettering not less than four (4) inches tall, on the passenger and driver doors. (b) Personnel requirements. Employees of a small trash collector must be trained in the proper handling of solid waste and the operation of collection vehicles, and all employees must wear proper personal protective equipment when handling solid waste. (c) Solid waste collection and disposal requirements. (1) Small trash collectors must provide for the proper collection, transportation, and disposal of solid waste in accordance with all applicable federal, state, and local laws and regulations. (2) Solid waste must be disposed of at an approved and appropriate solid waste disposal facility in accordance with all applicable federal, state, and local laws and regulations. Household and non-hazardous solid waste shall be taken to a Class I landfill, while hazardous household waste and other hazardous waste shall be taken to a Class II or Class III landfill, or as may otherwise be required by applicable state and federal regulations. Notwithstanding the foregoing, solid waste may also be taken to a recycling facility, a second hand sale facility or otherwise sold by the small trash collector. (3) Solid waste collected by small trash collectors shall be separated into appropriate categories, such as yard waste, construction and demolition debris, household waste, and hazardous household waste. Hazardous household waste and other hazardous waste shall not be comingled with other waste. (4) Small trash collectors must maintain accurate records of all solid waste collected and disposed of, including a record detailing the type of waste, its origin, and its ultimate disposal location. The record must be retained for a minimum of three (3) years and be available for inspection by the city, upon written request, within three (3) business days. (d) Receipt. A small trash collector shall provide to its customer (i.e., the person from whom it collects solid waste) a receipt which lists the items of solid waste collected with sufficient specificity that the items may later be identified, if necessary. (Ord. No. 3272, § 2, 7-5-23; Ord. No. 3276, § 2, 7-18-23)

Gulfport Code of Ordinances § 5-465 Enforcement and penalties.

Sec. 5-465. - Enforcement and penalties. (a) Violation of any provision of this article shall constitute a misdemeanor punishable as set forth by law and may result in revocation of the small trash collector permit by the city. Each day of operation without said permit shall constitute a separate offense. (b) Suspension or revocation of permit (1) The city may suspend or revoke a small trash collector's permit for any of the following reasons: a. Violation of any provision of this ordinance; b. Providing false or misleading information on the licensure application or renewal form; c. Failing to comply with any applicable federal, state, or local laws or regulations governing the collection and disposal of solid waste. (2) Prior to suspension or revocation, the city shall provide the small trash collector with written notice of the alleged violation and an opportunity to respond. If the small trash collector fails to correct the violation within thirty (30) days, the city may take progressive disciplinary action, including but not limited to: a. Issuing a written warning for the first violation; b. Imposing a fine for subsequent violations; c. Suspending the permit for a period of time for repeated or serious violations; d. Revoking the permit for egregious or repeated violations. (3) If the city determines that a small trash collector has engaged in fraudulent or criminal conduct, or has committed an egregious violation of this ordinance or applicable laws and regulations, the city may immediately revoke the permit without prior notice or opportunity to respond. (4) The small trash collector shall have the right to appeal the suspension or revocation of their small trash collector permit to the city council so long as document outlining the grounds for the appeal is submitted within fifteen (15) days after the date of the city's notice letter to the city clerk who shall provide a copy of the appeal document to the clerk of council who shall be responsible for ensuring that the appeal is scheduled before the city council not more than thirty (30) days after the date the appeal document is received by the city clerk. Written notice of the appeal hearing before the city council shall be mailed, by the clerk of council, to the small trash collector at the mailing address provided on the small trash collector permit application not less than ten (10) days prior to the date established for the appeal hearing before the city council. The city council shall conduct a hearing on the matter and shall make a determination based on the evidence presented. (5) This section shall not be construed to limit the city's authority to seek any other remedy available at law or equity, including but not limited to injunctive relief or damages. (Ord. No. 3272, § 2, 7-5-23)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH5LIBURE_ARTXVISMTRCOFetched: 11/1/2026