HomeMy WebLinkAbout1997-008 Council OrdinancesCouncil Member Kuether introduced the following ordinance and moved its adoption:
CITY OF LINO LAKES
Ordinance No. 08-97
AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OR
REFUSE AND SOLID WASTE IN THE CITY OF LINO LAKES; ESTABLISHING
AND PROVIDING FOR THE IMPOSITION AND COLLECTION OF FEES FOR
COLLECTION SERVICES; OTHER MATERIALS; PROHIBITING
UNAUTHORIZED COLLECTION AND FAILURE TO SEPARATE RECYCLABLE
AND OTHER MATERIALS; AND PROVIDING PENALTIES FOR VIOLATION.
The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is
amended by adding a chapter to read as follows:
SECTION 1. POLICY.
SECTION 2. PURPOSE AND INTENT
SECTION 3. DEFINITIONS
SECTION 4. GENERAL REGULATIONS
SECTION 5. DISPOSAL REQUIREMENT
SECTION 6. REQUIRED SOLID WASTE COLLECTION
SECTION 7. APPROVAL OF CONTRACTORS
SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION_
SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED CONTRACTOR.
SECTION 10. RATES AND CHARGES.
SECTION 11. EXCLUSIVE USE.
SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES.
SECTION 13. CONTAINERS.
SECTION 14. UNLAWFUL DEPOSIT.
SECTION 15. VIOLATION.
SECTION 16. EFFECTIVE DATE.
The motion for adoption of the foregoing ordinance was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted in favor thereof:
Kuether, Lyden, Neal, Landers.
The following voted against same: None, Council Member Bergeson was absent.
Whereupon said resolution was duly passed and adopted.
THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of
April, 1997
PASSED by the City of Lino Lakes this 28th day of April, 1997.
A full and complete ordinance can be obtained by contacting Jackie Constant at 780-
3772 ext. 179.
Council Member Kuether introduced the following
ordinance and moved its adoption:
CITY OF LINO LAKES
Ordinance No. 08 - 97
AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OR REFUSE AND
SOLID WASTE IN THE CITY OF LINO LAKES; ESTABLISHING AND PROVIDING
FOR A SOLID WASTE COLLECTOR; ESTABLISHING AND PROVIDING FOR THE
IMPOSITION AND COLLECTION OF FEES FOR COLLECTION SERVICES; OTHER
MATERIALS; PROHIBITING UNAUTHORIZED COLLECTION AND FAILURE TO
SEPARATE RECYCLABLE AND OTHER MATERIALS; AND PROVIDING PENALTIES
FOR VIOLATION.
The City Council of the City of Lino Lakes ordains that the Lino
Lakes City Code is amended by adding a chapter to read as
follows:
SECTION 1. POLICY. It is the policy of the City of Lino Lakes
to provide the citizens of the city the most ecologically sound
method of waste disposal possible at a reasonable cost.
SECTION 2. PURPOSE AND INTENT. It is the purpose of this
ordinance to provide the residents, businesses and commercial
establishments of the City of Lino Lakes, the approved solid
waste collector and local government officials with uniform
mandatory rules for the collection of mixed municipal solid waste
and the recycling of usable materials. It is the intent of the
City to comply with and work within the framework of ordinances
in effect, and as amended from time to time, in Anoka County,
Minnesota, and the State of Minnesota, in the regulation of solid
waste collection and the mandatory recycling of usable materials.
SECTION 3. DEFINITIONS. For the purposes of this ordinance, the
following definitions shall apply:
a. Bulky Waste. A large appliance, piece of furniture or
waste material from a source other than construction
debris or hazardous waste with a weight or volume
greater than appropriate or allowed for in waste
containers. Bulky waste does not include tires,
batteries, waste oil, or yard and garden material.
b. Construction Debris. Waste building materials
resulting from construction, remodeling, repair or
demolition operations.
c. City. Refers to the City of Lino Lakes, Minnesota and
also to the appropriate employee or office of the
municipality authorized to act as its agent in handling
the pertinent matter of the ordinance.
d. Source -separated compostable materials. "Source
separated compostable materials" means mixed municipal
solid waste that:
(1) is separated at the source by waste
generators for the purpose of preparing it for use
as compost;
(2) is collected separately from other mixed
municipal solid wastes;
(3) is comprised of food wastes, fish and animal
waste, plant materials, diapers, sanitary
products, and paper that is not recyclable because
the director has determined that no other person
is willing to accept the paper for recycling; and
(4) is delivered to a facility to undergo
controlled microbial degradation to yield a humus -
like product meeting the agency's class I or class
II, or equivalent, compost standards and where
process residues do not exceed 15 percent by
weight of the total material delivered to the
facility.
e. Contractor or Solid Waste Collector. The licensed
individual, firm, partnership, joint venture,
corporation, or association performing refuse
collection and disposal under contract with the city.
f. Hazardous Waste. Waste designated as hazardous by the
United States Environmental Protection Agency or
appropriate state agency. Categories of hazardous waste
materials include, but are not limited to: explosives,
flammables, oxidizers, poisons, irritants, and
corrosives. Hazardous waste does not include source,
special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954, as amended.
g Recyclables. Recyclable materials including aluminum
cans, brown paper sacks, glass bottles & jars,
newspaper, plastic containers with neck, scrap
aluminum, corrugated cardboard, telephone books, office
paper, junk majl, and tin cans. Recyclables shall also
include any other sppcifically defined items of
property from time to time designated as such by
resolution of the City Council.
h. Mixed Municipal Solid Waste. "Mixed municipal solid
waste" means garbage, refuse, and other solid waste
from residential, commercial, industrial, and community
activities that the generator of the waste aggregates
for collection, except as provided in paragraph (b).
(b) Mixed municipal solid waste does not include auto
hulks, street sweepings, ash, construction debris,
mining waste, sludges, tree and agricultural wastes,
tires, lead acid batteries, motor and vehicle fluids
and filters, and other materials collected, processed,
and disposed of as separate waste streams, but does
include source -separated compostable materials.
i. Residence. Each separate household and/or each unit in
an apartment building or mobile home park.
Yard Waste. Organic plant materials collected from
yards or gardens including leaves, grass clippings,
vines and stalks.
k. Residence or Residential. In this ordinance,
residence or residential means dwellings or structures
providing dwelling for two or less families or separate
individuals, i.e., multiple residences of one or two
dwellings OR any dwelling or structure providing
dwelling for any number of families or individuals.
1. Multiple Residence. A dwelling or structure providing
dwelling for three or more families when used in this
ordinance, i.e., multiple residence of three or more
dwellings.
m. Residential Refuse. Mixed Municipal Solid Waste
originating from residential property.
n. Dwelling Unit. A separate dwelling place with a
kitchen.
o. Residential/Commercial. Any residence where a
commercial or industrial enterprise, providing products
or service, is carried on by the owner or occupant
which involves the general public on the premises. For
future reference.
p. Solid Waste. "Solid Waste" means garbage, refuse,
sludge from a water supply treatment plant or air
contaminant treatment facility, and other discarded
waste materials and sludges, in solid, semisolid,
liquid, or contained gaseous form, resulting from
industrial, commercial, mining, and agricultural
operations, and from community activities, but does not
include hazardous waste; animal waste used for
fertilizer; earthen fill, boulders, rock; sewage
sludge; solid or dissolved material in domestic sewage
or other common pollutants in water resources, such as
silt, dissolved or suspended solids in industrial waste
water effluents or discharges which are point sources
subject to permits under section 402 of the federal
Water Pollution Control Act, as amended, dissolved
materials in irrigation return flows; or source,
special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 as amended.
q.
Business Establishment or Commercial. Any premises
where a commercial or industrial enterprise of any kind
is carried on, and shall include clubs, churches and
non-profit organizations and governmental agencies
or where goods are sold or services performed. It
shall mean any commercial or industrial enterprise,
providing products or service, which is carried on by
the owner or occupant which involves the general public
on the premises. Multiple dwelling units of three or
more dwelling units located in commercial districts in
the Official Lino Lakes Zoning Map shall be classified
as "business establishment" or "commercial" under this
ordinance. Construction waste or demolition debris is
"business establishment" or "commercial." Mobile Home
Parks shall mean commercial in this ordinance.
SECTION 4, GENERAL REGULATIONS.
a. Any unauthorized accumulation of refuse is a nuisance
and is prohibited.
b. Refuse in Streets, etc. No person shall place any
refuse in the street, alley or public place or upon
private property, except in proper containers, for
collection or other lawful disposal. No person shall
throw or deposit refuse in any stream or other body of
water.
c. Scattering Refuse. No person shall deposit anywhere
within the City any refuse in such manner that it may
be carried or deposited by the elements upon any public
place or any other premises within the City.
d. Burying of Refuse. No person shall bury any refuse in
the City, except in an approved sanitary landfill.
This subdivision does not prevent anyone from
composting.
e. Composting of Refuse. Residents may compost leaves,
grass clippings and other easily biodegradable garbage
on their own premises.
f. Burning of Refuse. No person shall burn any refuse in
the City, except as allowed from time to time by duly
adopted amendments suspending this ordinance.
g Ashes. All cold ashes must be in burnable containers
such as plastic bags, paper bags, etc.
SECTION 5. DISPOSAL REQUIRED. Every owner or occupant of
residential property shall, in a sanitary manner, store and
dispose of refuse that may accumulate upon property owned or
occupied by him in accordance with the terms of this ordinance
and Lino Lakes, Minnesota Ordinance No. 901 or Lino Lakes
Nuisance Ordinance No. 900.
SECTION 6. REQUIRED SOLID WASTE COLLECTION. Pursuant to
Minnesota Statutes 115A.941, every person who owns or occupies
property within the City for business, commercial or residential
purposes shall contract for collection service for mixed
municipal solid waste, as defined herein, which may accumulate
upon such property at least once a week, with a hauler licensed
to do business in Anoka County and Lino Lakes.
SECTION 7. APPROVAL OF CONTRACTORS
Subdivision 1. Residential Solid Waste Collection License
It shall be -unlawful for any person, firm, or corporation to
collect solid waste in the City of Lino Lakes, Minnesota, without
first entering into a written contract with the City Council of
L.,
Lino Lakes, Minnesota. No more than one contractor or solid
waste collector shall be permitted to do business within the city
limits at any one time.
Subdivision 1A.Commercial Solid Waste Collection License No
person shall collect solid waste or recyclable from commercial
establishments, multi -family dwellings or manufactured home parks
in the City without first securing a commercial solid waste
collection license from the City. The City Council, in the
interest of maintaining healthful and sanitary conditions in the
City, hereby reserves the right to limit the number of licenses
initial issued to six (6), through attrition the number of
licenses issued shall decrease to four (4).
License Requirements:
(A) The commercial license shall be valid for one (1)
year and shall expire on May 31st of each year
unless revoked sooner. The residential license shall
be valid for one calender year and shall expire on
December 31st of each year unless revoked sooner.
(B) The license is non -transferable, unless approved
by the City Council. The licensee shall not be
entitled to a refund of any license fee upon
revocation or voluntarily ceasing to carry on the
license activity.
(C) An applicant for a license shall make application
to the City Clerk through forms and procedures
prescribed by the City Clerk. The application for
a license shall contain the following information:
(1) The name, telephone number and current
business address of the applicant.
(2) A list of the place or places to which the
residential solid waste and/or recyclable are
to be hauled.
(3) Information about the location and method of
storage of collected recyclable materials,
including evidence of compliance with all
State, County and local laws and regulations.
(D) An applicant must obtain all the insurance required by
this Section. All costs and expenses are the
responsibility of the applicant. All insurance
coverage is subject to the approval by the City and
shall be maintained by the licensee during the term of
the license. No work under this license shall be
commenced until the requirements of this section have
been satisfied.
The licensee shall obtain and maintain statutory
Workers' Compensation insurance and Employer's
Liability insurance as required under the laws of the
State of Minnesota and shall hold the City free and
harmless from all liability from any cause that may
arise by reason of injuries to any employee of the
licensee.
In the event that the licensee is the sole proprietor
and has not elected to provide Worker's Compensation
Insurance, the licensee shall be required to execute
and submit an affidavit of sole proprietorship in a
form satisfactory to the City.
The license applicant must present proof of insurance
on each vehicle with an insurance company licensed to
transact business in this state. The limits of the
policy shall be one million dollars ($1,000,000.00) for
bodily injuries to or death of one person, and three
million dollars ($3,000,000.00) for any one accident
resulting in injuries and/or death of more than one
person, and a total of one million dollars
($1,000,000.00) liability for damages to property of
others arising out of any accident.
(E) An annual license fee shall be established by
resolution of the City Council.
(F) The City Council shall issue licenses only after
receipt and review of all required forms,certificates,
and fees. Upon review of the documents submitted, the
City Council may issue a license if the documents
comply with the provisions previously stated. An
applicant denied a license by the City may have the
decision reviewed by the City Council upon hearing.
The applicant shall request review by the City Council
in writing within ten (10) working days after denial of
the license. The review will be scheduled for the
first available council meeting but no later than 30
days from denial.
SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION.
a. Subject to the provisions of this section, the council
shall be granted the authority to enter into a contract
to collect and dispose of all refuse originating from
residential property within the City by negotiation, bid
or otherwise. Commercial, business establishment and
demolition hauling shall not be affected by this
contract.
b. Terms. The contract shall be made for a term as
determined by city council in contract.
c. Contract Collector No person shall collect solid waste
from residential property within the city except the
licensed contract collector. No person shall permit solid
waste to be collected from his/her premises by any person
other than a licensed contract collector.
SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR.
A licensed solid waste and/or recyclable collector must comply
with the following operational requirements. Failure
to observe these provisions may be basis for suspension or
revocation of a license.
(A) The licensee shall operate in a manner consistent with
its application materials and shall provide notice to
the City within ten (10) days of any change in the
information, forms, or certificates filed as part of
the license application process.
(B) The licensee shall comply with all State, County, local
laws and regulations.
(C) No collection of solid waste, yard waste, and/or
recyclable materials shall be made except between the
hours of 7:00 a.m. and 6:00 p.m. Monday through Friday,
Saturdays 9:00 a.m. and 4:00 p.m. with the exception of
the following holidays falling on a weekday:
Thanksgiving Day, Christmas Day, New Years Day,
Memorial Day, July 4th, and Labor Day where the 7:00
a.m. to 6:00 p.m. hours would apply on Saturdays, with
no collection on Sunday, except under extenuating
circumstances including poor weather conditions or
natural dis*sters. Customers shall be reasonably
notified of the specific day for the collection of
their garbage, refuse, and/or recyclable and the
licensee shall collect the materials on those days.
(D) The licensee shall offer residential customers at a
minimum, a three tier rate - volume option, where the
rate charged for garbage collection increases as the
volume of garbage collected increases, with a minimum
of three volume categories.
(E) The licensee shall not impose a greater charge on
residential customers who recycle more than those who
do not recycle.
(F) Each licensed solid waste, and/or recyclable collector
shall only use vehicles and equipment so constructed
that the contents will not leak or spill. The vehicles
and equipment shall also be kept clean and as free from
offensive odors as possible, and shall not stand in any
street or public place longer than is reasonably
necessary to collect garbage, refuse, yard waste and/or
recyclable. The licensee shall also ensure that the
immediate site is left tidy and free of liter.
License Revocation The City Council may suspend or
revoke the license of any hauling company whose conduct
is found to be in violation of the provisions of this
ordinance.
Subd. 3 Mandatory Recycling for Solid Waste Haulers The licensed
solid waste, and/or recyclable collector shall provide its
residential and/or commercial customers with an opportunity to
recycle through the weekly curbside collection of targeted
recyclable.
(A) The curbside collection of targeted recyclable shall be
on the same day as the collection of the customer's
solid waste, but may occur at a different time within
that day. The targeted recyclable collection shall be
from a location at or near the customer's solid waste
collection site, or such other location mutually
agreeable to the hauler and the customer.
Commercial recyclable collection shall be from a
location at or near the customer's solid waste
collection site, or such other location mutually
agreeable to the hauler and the customer.
(B) The recyclable materials collected shall be designated
as targeted recyclable by the City. The designation
process is a follows: Each licensed solid waste, and/or
Lid
recyclable collector shall be given 60 days written
notice of proposed additions to the list of targeted
recyclable. The notice will specifically describe the
materials proposed for addition, will describe how the
addition might affect the duties and obligations of the
licensee and will invite each licensee to one meeting
to discuss the proposed additions. Notice shall be
deemed by mail via general delivery, to the address
provided on the most recent license application or
renewal form.
Nothing herein shall be construed to prevent a licensee
from offering curbside collection for other recyclable
materials, in addition to the targeted recyclable.
(C) Adequate notification as to why recyclable material was
not picked up must be left with any recyclable material
(s) left at curbside.
(D) The licensee is also deemed the owner of the recyclable
upon collection, and the licensee may market them.
(E) Each licensee shall submit a quarterly report to the
City that identifies the weight in tons of recyclable
and the volume in cubic yards of yard wastes that were
collected by the licensee from City residences.
Each commercial licensee shall submit a quarterly
report to the City that identifies the type and weight
in tons of recyclable that were collected by the
licensee from City commercial establishments, multiple
family dwellings and mobile home parks.
Subd. 4 Indemnification The licensee shall hold the
City harmless from all damages and claims of damages that may
arise by reason of any negligence of the licensee or the
licensee's agent or employee while engaged in the performance of
the work and services covered by the license/contract
requirements and shall indemnify the City against all claims,
liens, expenses and claims for liens for work, tools, machinery,
materials or insurance premiums or equipment or supplies and
against all loss by reason of failure of the licensee in any
respect to fully perform all obligations outlined in the duties
and obligations of licensed residential solid waste collector.
Subd. 5 Anti -Scavenging Provision It is unlawful for any
person or business to scavenge, collect or otherwise remove
garbage, refuse, recyclable, or yard waste that has been placed
at the curb or in recycling containers, without a license f from
the City and an account relationship with the owner, lessee, or
occupant of the premises.
SECTION 10. RATE AND CHARGES
a. Billing. The service charge for each dwelling unit and
business/commercial establishment shall be made to the
owner or occupant by the licensed contractor.
b. Certification of Payment. On September 30th of each
year, if any residential service charge bill remains
unpaid for a period longer than ninety (90) days, a
statement of such delinquent and unpaid charges shall be
mailed to the record owner of the premises and shall be
certified by the City Clerk to the County Auditor between
the 1st and 15th day of October of each year and the City
Clerk in so certifying such charges to the County Auditor
shall specify the amount thereof, the description of the
premises served, and the name of the owner thereof. The
amount so certified shall be extended by the Auditor on
the tax rolls against the premises in the same manner as
other taxes and collected by the County Treasurer and
paid to the City along with other taxes. In the event
the property is occupied by any person or persons not the
owner, the owner is nonetheless obligated for all service
collection charges incurred. If Certification is
necessary a reasonable administration fee will be added.
The licensed contractor will receive payment from city
for their amount received within 30 days of receipt of
tax settlements the following year.
SECTION 11, EXCLUSIVE USE. Every householder or occupant of any
dwelling house, boarding house, apartment house, mobile home or
any other place of residence must avail themselves of the
services of the City -approved licensed contractor or solid waste
collector. Further, all non-residential places, such as
businesses and commercial places, must avail themselves of the
service of the City -approved licensed hauler.
SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES. The
Contractor shall collect refuse in the city at least once a week
from residences. When the City Clerk/Administrator is notified
in writing that residence is to be continuously vacant or
unoccupied for a period of not less than one calendar month and,
if said notice is given prior to the first day of the initial
month of vacancy, then, in that event, there shall be no refuse
billing or liability for such residence during the period of
vacancy. Provided, however, that any resident who receives
collection service for any week shall be liable for the entire
monthly charge.
SECTION 13. CONTAINERS.
a. General Requirement. Every household, occupant, or
owner of any residence shall provide on the premises a
container or container(s), provided by the licensed
contractor. Such containers must receive and contain
all refuse which may accumulate between collections or
other disposal.
All normal accumulation of refuse shall be deposited in
such containers; except that leaves, trimmings from
shrubs, grass clippings, shavings and other rubbish of
similar volume and weight may be stored in closed
containers not meeting the requirements.
b. All business establishments shall have adequate
facilities for the storage and collection of garbage and
rubbish. Business establishments must make use of a
licensed garbage and rubbish collector, not necessarily
the residential licensed contractor.
c. Container Requirements. Containers shall be maintained
in good and sanitary condition. any container not
conforming with the specifics in the contract with the
contract hauler, or having ragged or sharp edges or any
defect likely to hamper or injure the person collecting
the contents, shall be promptly replaced after notice by
the city.
SECTION 14. UNLAWFUL DEPOSIT. No person, corporation, business
entity or commercial establishment shall bring refuse or solid
waste into the city for disposal or otherwise.
SECTION 15. VIOLATION. Any person violating any provision of
this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by fine of not more than
$700.00 or by imprisonment of not more than 90 days, or both,
plus the costs incurred in the prosecution of either case.
SECTION 16. EFFECTIVE DATE. This ordinance becomes effective
upon its passage and publication according to law, implementation
to begin June 1, 1997. The residential contract is to be implemented January 1, 1998.
The motion for adoption of the foregoing ordinance was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted
in favor thereof: Kuether, Lyden, Neal, Landers.
The following voted against same: None, Council Member Bergeson was absent.
Whereupon said resolution was duly passed and adopted.
THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of
April, 1997
PASSED by the City of Lino Lakes this 28th day of April, 1997.
L. Landers, Mayor
Attest:
Marilyn G. 'Anderson, Clerk -Treasurer