4.08.440 Service interruption.
A. Except for the right to refuse service for nonpayment as set forth in this chapter, franchisees shall not interrupt service unless:
1. Access roads, streets and highways necessary for collection operations are unusable or unsafe, and there are no alternative routes. Franchisees shall resume service within 24 hours after access is restored.
2. A force majeure event occurs.
B. Upon the occurrence of a force majeure event that prevents or impairs a franchisee’s ability to perform any of its franchise obligations, the franchisee shall:
1. Provide immediate notice, either verbal or written, to the city manager of the nature of the event, and the extent and anticipated duration of franchisee’s inability to perform any obligation under this agreement. If verbal notice is given, then written notice must be delivered to the City within 24 hours of verbal notice;
2. Commence immediately to develop, in communication and cooperation with the City, an interim plan for the restoration of full performance; and
3. Take all such other reasonable actions requested by the City to assist the City in protecting the public health and safety, and to restore service as soon as practicable.
C. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick out, picketing, or other concerted job action conducted by franchisee employees or directed at the franchisee is not an event of force majeure, and the franchisee shall be obligated to continue to provide service, notwithstanding the occurrence of any or all of such events. [BC 4.08.440, added by Ordinance No. 4203, 5/6/02; amended by Ordinances No. 4613, 4/2/13, Ordinance No. 4794, 12/1/20]