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HomeMy WebLinkAboutOrdinance 880 ORDINANCE NO. 880 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500 BY ADDING A NEW CHAPTER 519 ENTITLED "DONATION COLLECTION BINS" WHEREAS, The City of Mounds View has determined it to be in the best interest of the health, safety and general welfare of the residents and overall community aesthetics to adopt licensing requirements to regulate the operation and proliferation of donation collection bins and portable recycling drop-off receptacles within the City. THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 of the Mounds View Municipal Code by adding a new Chapter 519 entitled "Donation Collection Bins" which provides for licensing requirements as follows: CHAPTER 519 DONATION COLLECTION BINS SECTION: 519.01: Definitions 519.02: License Required 519.03: Application for License 519.04: Review of Application;Issuance or Denial 519.05: License Fees; Expiration 519.06: Conditions of License 519.07: Revocation of License 519.08: Exceptions 519.09: Violation of Provisions 519.01: DEFINITIONS: When used in this Chapter,the following words and phrases shall have the meanings ascribed to them: Subd. 1. DONATION COLLECTION BIN. A receptacle used for the collection of various items for recycling or resale including,but not limited to, clothing, shoes,textiles, books, household items, glass,paper or metals. Ordinance 2 880 519.02: LICENSE REQUIRED:No person shall locate a Donation Collection Bin in the City of Mounds View without first obtaining a license as provided in this Chapter. 519.03: APPLICATION FOR LICENSE: The application for such license shall be made, in writing,to the City Administrator and shall state the full name and address of the applicant,the company name of the owner/operator or the Bin(if different from the applicant),the property address and site plan depicting the specific location where the Donation Collection Bin is to be sited, statement of permission from the property owner of the premises (if different from the applicant), 24-hour emergency contact information for the owner/operator,proof of insurance,license fee,and such other information as shall be required by the City Administrator. 519.04: REVIEW OF APPLICATION;ISSUANCE OR DENIAL:The City Administrator shall submit the application to the Council for its consideration. The Council may grant or refuse to grant the license after consideration of the application.It may require a public hearing,and such hearing shall be held at such time and upon such notice as the Council may determine.After such hearing,the Council may grant or refuse to grant the license. 519.05: LICENSE FEES; EXPIRATION: Subd. 1. Fee and Expiration: The fee for every such license shall be established by resolution of the City Council. Every such license shall expire on December 31 next after its issuance.License fees paid to renew an expired license shall be paid on or before December 31 of the year preceding the effective year. Any annual fee paid later than ten (10) working days after December 31 shall be subject to an additional administrative service charge of ten percent(10%)of the renewal fee. Subd.2.Refund Upon Denial:If the Council denies the application for license,one-half(1/2)of the license fee shall be refunded to the applicant. 519.06: CONDITIONS OF LICENSE: Subd. 1. Transferability: Licenses shall not be transferable from one(1)person to another. Subd.2. Conditions and Restrictions:The following conditions and restrictions shall apply to all Donation Collection Bins: a. Donation Collection Bins may only be located on properties with an existing and operating non- commercial, educational,religious, governmental, institutional or charitable use. b. Such Bins shall be located on an improved surface behind the front line of the principle structure. Bins shall be maintained in a like-new condition. c. Donation Collection Bins shall not be visible from the County Road 10 right of way. d. Donation Collection Bins shall not exceed seven(7)feet in height and twenty-five(25)square feet in ground area. Only one such Bin may be permitted per property. e. The Bin shall not reduce the width of paved clear space for the passage of pedestrians to less than five(5)feet,shall not be located within five(5)feet of a fire hydrant or fire department connection, and shall not utilize any required parking spaces or impede/disrupt the flow of vehicular or pedestrian traffic. Ordinance 880 Page 3 f. Notice shall be affixed to such Bins indicating the"company"name and phone number of the bin's owner and operator and a statement discouraging the placement of items outside the bin,of a size sufficient to be legible at a distance of three (3) feet. Any advertising shall be affixed to the Bin only and shall be limited to no more than eight(8) square feet. g. The owner and operator of the Bin shall maintain and provide proof of one million dollar ($1,000,000) general liability insurance coverage for each location where a Bin is located. h. Items left outside the Bin shall be collected and removed within twenty-four(24)notice provided to the owner and operator of the Bin. i. The Council may impose any additional conditions or restrictions it deems reasonably necessary or advisable. 519.07: REVOCATION OF LICENSE:Every such license may be revoked by the Council,after the licensee has been given reasonable notice and an opportunity to be heard, for the violation of any provision of this Code or for the violation of any conditions or restrictions imposed at the time of the issuance of the license or imposed thereafter or upon failure of the licensee to comply with any condition, order or direction issued by the Council. 519.08: EXCEPTIONS: Educational, religious, charitable or other non-profit entities hosting a Donation Collection Bin on a temporary basis for fund-raising purposes are exempt from the licensing requirements and the provisions in Section 519.06, excluding subdivision 2c. 519.09: VIOLATION OF PROVISIONS: Any person who shall violate any provision of this Chapter shall be guilty of a misdemeanor. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 26, 2013, the City Council adopted Ordinance 880 which amends Title 500 by adding a new Chapter 519 to regulate the operation and proliferation of Donation Collection Bins and portable recycling drop-off receptacles within the City. Such Bins may be permitted on properties owned and operated as an educational, religious, non-commercial charitable use. Items left outside the bin shall be removed within 24 hour's notice. An exemption is provided for bins associated with religious and school-related fund-raising activities. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. Ordinance 4 880 SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on July 22, 2013. Second Reading and Adoption by the Mounds View City Council on August 26, 2013. Publication Date: September 5, 2013 Effective Date: October 5, 2013 J.- Flaherty, 'ayor Attest: \JaArVv2.6 James Ericson City Administrator (seal)