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HomeMy WebLinkAboutOrdinance 486 " J... '" )... .......A.!y4 I ',' . ORDINANCE NO. 486 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY REPEALING CHAPTER 104, ENTITLED, "GARBAGE AND RUBBISH" AND ADOPTING A NEW CHAPTER 104, ENTITLED, "GARBAGE AND RUBBISH" The City Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 104, Entitled, "Garbage and. Rubbish" is hereby repealed. SECTION II. The new Chapter 104, "Garbage and Rubbish" is hereby adopted as attached. SECTION III. This ordinance shall take effect thirty days after the date of its publication. . Read by the City Council of the City of Mounds View this 26 day of March, 1990. Read and passed by the City Council of the City of Mounds View this ~ day of April, 1990. APPROVED AS TO FORM: ~'/( kw 'ity Attorney , .. " J . , . 104.01 CHAPTER 104 GARBAGE AND RUBBISH 104.01 Definitions. ( 1) "Garbage" as used herein shall include only organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (2) "Rubbish" as used herein shall include all inorganic refuse matter, such as non-recyclable packaging, ashes, and sweepings. (3) "Compost" as used herein shall include plant materials, such as grass, leaves, straw and non-woody plant materials stored on a person's property for the purposes of recycling organic materials as a soil conditioner. (4) "Yard Waste" as used herein shall include leaves, grass clippings, organic garden waste, or similar non-woody plant materials. (5) "Residence" as used herein shall include any . single building of one to three dwelling units with individual kitchen facilities for each. (6) "Multiple Dwelling" as used herein shall include any building used for residential purposes consisting of four or more residential units with kitchen facilities for each. ( 7 ) "Commercial Establishment" as used herein shall include any premises where a commercial or industrial enterprise of any kind is carried on, including restaurants and clubs, churches, and schools where food is served. (8) "Hauler" as used herein shall include a collector or transporter of garbage, rubbish, recyclable materials, or yard waste. (9 ) "Mobile Home Park" as used herein shall include any park, trailer court, trailer camp, court, camp site, lot, parcel, a tract of land designed, maintained or intended for the purpose of supplying a location or accommodation for any mobile home. (10) "Recyclable Materials" as used herein shall include, but not to be limited to, tin and aluminum cans, newspapers, corrugated cardboard and glass. . " i.. . GARBAGE AND RUBBISH 104.02 PAGE TWO 104.02 Failure to Dispose of Garbaqe and Rubbish. It shall be unlawful for any person, firm, or corporation to fail to dispose of garbage and rubbish which may be or which may accumulate upon property owned or occupied by him or them in a sanitary manner. Failure or refusal to make provision for and secure such disposal at his or their expense or with the written approval of the property owner where it is being disposed, shall be subject to the penalties imposed in 104.10. Persons desiring to make use of the services of a licensed hauler may do so by notifying one of said haulers and paying the fee therefore. 104.03 Garbage Containers. Every residence, multiple dwelling and commercial establishment having garbage to dispose of, who does not otherwise provide for the disposal of such garbage in a sanitary manner, shall provide himself with one or more fly tight waterproof containers sufficient to receive all garbage in a sanitary manner which may accumulate between the times of collection. Each non-disposable container shall have a capacity not to exceed 90 gallons, except where dumpsters are used in conjunction with multiple dwellings, and commercial establishments. Each non-disposable container shall be provided with a tight fitting cover and . shall be maintained, cleaned and kept in a state of repair which will prevent leakage. All garbage shall be drained of surplus water and wrapped in a manner sufficient to prevent leakage before it is placed in said containers. 104.04 Storage of Garbage, Rubbish, Yard Waste and Recyclable Materials Subdivision 1. Except on scheduled collection days, garbage, rubbish, yard waste and recyclable materials shall be stored behind the front of the building line for the width of the property. Garbage, rubbish, yard waste and recyclable materials may be placed at curbside or on the boulevard for collection by a licensed hauler during the twelve hour period prior to the day of collection. Any garbage cans or other containers or materials left over from collection shall be removed from the curbside or boulevard within twelve hours after said collection. Subdivision 2. Dumpsters for garbage, rubbish, yard waste and recyclable materials used in conjunction with multiple dwellings and commercial establishments for the convenience of the property owner, renters or leasees, shall be stored within an enclosure with the location and design providing a uniform appearance with the principal structure having been approved by the City. . : I . . GARBAGE AND RUBBISH 104.05 PAGE THREE Subdivision 3. Dumpsters intended for collecting recyclable materials from the public for charitable purposes may be located on a paved surface not designated for parking and must be clearly marked to indicate the type of recyclables accepted and the name of the charity to receive the resulting revenues. 104.05 Composting. Any person, firm, or corporation may provide for the handling of certain yard wastes as defined by 104.01, (4) of this Chapter by means of composting. Composting shall be accomplished above ground in a controlled area allowing for the decomposition of the material through an aerobic process providing adequate oxygen and moisture. At no time shall composting create a health hazard or a nuisance to adjoining properties. 104.06 Yard Waste. Except for purposes of composting under Section 104.09 of this Code it shall be unlawful for any person, firm or corporation to dispose of yard waste on private or public lands located in the City of Mounds View. All yard waste must be disposed of in the manner prescribed . . by law. Yard waste for purposes of this Section consists of all grass clippings, leaves, twigs, tree branches and other woody and non-woody plant materials. 104.07 Licensina Reauirements. Subdivision 1. It is unlawful for any person to haul garbage, rubbish, recyclables, or yard waste without the appropriate license issued by the City under this Code, unless the person is hauling from his or her own residence or commercial establishment for disposal at another location with the written approval of that property owner. Subdivision 2. Each license shall be applied for, issued and renewed, and may be suspended or revoked, as provided by this Chapter, and each licensee shall comply with all applicable requirements of this Chapter. Subdivision 3. Haulers collecting yard waste, recyclables and non-recyclables or any combination thereof from residential areas, commercial establishments, multiple dwellings and/or mobile home parks must be licensed. Subdivision 4. Any person, firm or corporation desiring a license to collect garbage shall make application for the same to the Clerk-Administrator upon a form prescribed . by the City. The applicant shall set forth the following: , .' .' . I . GARBAGE AND RUBBISH 104.07 PAGE FOUR (a) The name and address of the applicant. (b) A list of the equipment which the applicant proposes to use in such collection. (c) The place or places to which the garbage, rubbish, yard waste and/or recyclable materials is to be hauled. (d) The manner in which said garbage, rubbish, yard waste and/or recyclable materials is to be disposed of. Subdivision 5. Before a license is issued, the applicant shall file with the Clerk-Administrator evidence that the applicant has in effect public liability insurance for the hauler's business and for all vehicles in at least the sum of $500,000 for injury of one person, $1,000,000 for the injury of two or more persons in the same accident, and $100,000 for property damages. Subdivision 6. When the application is submitted, the . applicant shall file with the Clerk-Administrator a schedule of proposed rates to be charged during the licensed period. Every licensee shall provide 30 days prior written notification to the City and the licensee's customers of any change in rates to be implemented during the licensed period. Subdivision 7. Before a license is issued, the applicant shall pay to the City a license fee to be established by resolution of the City Council, which shall accompany the application. Subdivision 8. No license issued shall be for a longer period than one year and all licenses shall expire on July 1 of each year. Subdivision 9. Licenses may be suspended or revoked by the Council, after the licensee has been given a reasonable notice and an opportunity to be heard, for the violation of any provisions of this Chapter, or for the violation of any conditions or restrictions in the motion granting the license, or any motion passed by the Council, or upon failure of the licensee to comply with any conditions, order or direction issued by the City. . . . : t' ~ I' . GARBAGE AND RUBBISH 104.07 PAGE FIVE Subdivision 10. In addition to the other requirements of this Chapter, haulers servicing residences, mobile home parks, and multiple dwellings shall comply with the following: (a) Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 1990. Such service shall include weekly collection of all recyclable materials on the same day as garbage and rubbish collection for residences. (b) Collection of garbage and rubbish and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile home parks. (c) Collection service priced on the basis of volume shall be provided. All billings shall be itemized so as to show what individual . charges are being levied. ( d) Each licensee shall separately collect and dispose of yard waste on a regular basis for a minimum of eight weeks in the Spring, commencing on April 1st, and eight weeks in the Fall, commencing on September 15th. 104.08 Requirements and Restrictions. All licensees shall comply with all of the following requirements and restrictions: ( a) No hauler shall operate in a residential district after 6:00 p.m. or before 6:00 a.m. of any day, and no hauler shall operate in a residential district on Sunday or legal holidays. (b) All haulers operating on a route in a residential district shall operate vehicles on City streets within the weight allowed by Minnesota State Statute. (c) Licensees shall have covered water-tight, packer- type vehicles, or in the case of recycling, appropriate container vehicles, in good condition and which prevent loss in transit of liquid or . solid cargo. All vehicles shall be kept clean and . ~ ' ... \ . , .' . GARBAGE AND RUBBISH 104.06 PAGE SIX as free from offensive odors as possible, and shall not be allowed to stand in any street longer than reasonably necessary to collect garbage, rubbish, recyclable materials, or yard waste. ( d) Persons may haul garbage, rubbish, recyclable materials or yard waste from their own residence, multiple dwelling or commercial establishment if hauled in containers which are water-tight on all sides and the bottom and have tight-fitting covers on top, and if hauled in vehicles with leak-proof bodies which do not permit the loss of cargo. (e) All garbage and rubbish shall be dumped or unloaded only at facilities designated by Ramsey County. (f) Recyclable materials shall be disposed of at a recycling facility, an organized recyclable drive or through another licensed hauler. . (g) Yard wastes may be composted privately or may be disposed of at an approved composting facility or through another licensed hauler. ( h) Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on the vehicle. 104.09 Reporting of Recyclables and Yard Waste. All licensees shall report to the City in a manner consistent with the requirements of the Metropolitan Council. Such quantities shall be reported by tonnage, except that yard waste shall be reported in estimates of cubic yardage abated. Failure to certify accurate volumes within the time specified by the City may be cause for suspension or revocation of a hauling license. 104.10 Penal tv. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor. .