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HomeMy WebLinkAbout1993-002 Council OrdinancesCouncil Member Elliott moved is adoption: introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 93 - 02 AN ORDINANCE AMENDING THE BEMIRED SOLID BASTE COLLECTION SERVICE CODE 507 BY REQUIRING ALL RESIDENTIAL SOLID WASTE COLLECTION HAULERS TO BE LICENSED BY THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains: PURPOSE It is the intent of the City Council, by means of this ordinance to require that any person desiring to collect or transport residential solid waste from residences within the City obtain a residential solid waste hauler license from the City. SHORT TITLE This ordinance shall be known as the Solid Waste Hauler License amendment to the Solid Waste Collection Ordinance. Section 507.03 is here by amended by adding: DEFINITIONS "Residential Solid Waste" means garbage, refuse, and other solid waste frau residential activities which is generated and collected in aggregate, but excluding auto hulks or large auto parts, ash, construction debris, household hazardous waste, tree and agricultural wastes, tires, lead acid batteries, nsPd oil, yard waste, and other materials collected, processed and disposed of as separate waste streams. "Recyclables" means materials which can be separated frau the mixed municipal solid waste stream for collection and preparation for reuse in their original form, or for other uses in manufacturing processes that do not cause the destruction of the recyclable materials in a manner that precludes further use. "Targeted Recyclables" means specific recyclable materials designated by the City for collection at curbside. "Yard Waste" means garden wastes, leaves, lawn cuttings and weeds. Section 507.04 is amended by adding Subdivision 2. RESIDENTIAL SOLID WASTE COLLECTION LICENSE Subd. 2 No person shall collect garbage, refuse or recyclables from residences in the City without first securing a license frau 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 initially issued to five, through attrition the maximum number of licenses issued shall decrease to four. I. LICENSE REQUIREMENTS A. The license shall be valid for one calendar year and shall expire on June 1st of each year unless revoked sooner. For the purposes of implementing this, the licenses will first be made available to those haulers operating in the City at the time of the enactment of this ordinance. All persons engaged in the business of individual residential collection in the City shall secure a license by June 1, 1993. B. The license is non -transferable, unless approved by the City Council. The licensee shall not be entitled to 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: The nam, phone number and current business address of the applicant. A list of the place or places to which the residential solid waste and/or recyclables are to be hauled. 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 Waist 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 fon 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 three hundred thousand dollars ($300,000.00) for bodily injuries to or death of one person, and six hundred thousand dollars ($600,000.00) for any one accident resulting in injuries and/or death of more than one person, and a total of one hundred thousand dollars ($100,000.00) 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 Clerk shall issue licenses only after receipt and review of all required forms, certificates, and fees. Upon review of the documents suhnitted, the City Clerk shall 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. The applicant shall request review by the City Council in writing within ten (10) days after denial of the license. II. DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR "3-4, A licensed garbage, refuse and/or recvclables collector must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license. A. The licensee shall operate in manner consistent with its application materials and shall provide notice to the City within ten (10) days of any change 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 garbage, refuse, yard waste and/or recyclahle materials shall be made except between the hours of six o'clock (6:00 a.m.) and six o'clock (6:00 p.m.) Monday through Saturday, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural disasters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse, and/or recyclables and the licensee shall collect the materials on those days. D. The licensee shall offer residential customers at minimum, a three tiered 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 than those who do not recycle. F. Each licensed garbage, refuse, and/or recyclables 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 recyclables. The licensee shall also ensure that the immediate collection site is left tidy and free of litter. III. MANDATORY RECYCLING FOR RESIDENTIAL SOLID WASTE HAULERS Each licensed garbage, refuse, and/or recvclables collector shall provide its residential customers with an opportunity to recycle through the weekly curbside collection of targeted recyclables. A. The curbside collection of targeted recyclables shall be on the same day as the collection of the customer's garbage and/or refuse, but may occur at a different time within that day. The targeted recyclables collection shall be from a location at or near the customer's garbage/refuse collection site, or such other location mutually agreeable to the hauler and the customer. B. The recyclable materials collected shall be designated as targeted recyclables by the City. The designation process is as follows: Each licensed garbage, refuse, and/or recyclables collector shall be give 60 days written notice of proposed additions to the list of targeted recyclables. The notice will specifically describe the material(s) proposed for addition, will describe haw the addition might affect the duties and obligations of the licensee and will invite each licensee to one meeting to discuss the proposed addition(s). 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 recvclables. 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 recyclables upon collection, the licensee may market them. E. Each licensee shall submit a quarterly report to the City that identifies the weight in tons of recyclables and the volume in cubic yards of yard wastes that were collected by the licensee from City residences. IV. 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 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 collectors. V. LICENSE REVOCATION The City Council may suspend or revoke the license of any hauling company whose conduct is found to be violation of the provisions of this ordinance. Subd.3 ANTI SCAVENGING PROVISION It is unlawful for any person or business to scavenge, collect or otherwise remove garbage, refuse, recyclables, or yard waste that has been placed at the curb or in recycling containers, without a license frau the City and an account relationship with the owner, lessee, or occupant of the premises. PENALTY Any person convicted of violating this ordinance shall be guilty of a petty misdemeanor. Such penalty may be imposed in addition to suspension or revocation of the license. Save as above amended, Section 507 of the Lino Lakes City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed this 12th day of April , 1993 by the Lino Lakes City Council. Signed this 12th day of April , 1993. Vernon F. Reinert, Mayor ATTEST: b\cLA_41 NJ Marilyn Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Bergeson, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon the said ordinance was declared duly passed and adopted.