HomeMy WebLinkAboutOrdinance 891 ORDINANCE NO. 891
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 600,CHAPTER 603,OF THE MOUNDS VIEW
CITY CODE,RELATING TO "GARBAGE AND RECYCLING"
The City of Mounds View Ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 603 of the
Mounds View Municipal Code by adding the underlined material and deleting the stricken
material as follows:
CHAPTER 603
GARBAGE AND RUBBISH RECYCLING}
SECTION:
603.01: Definitions
603.02: Collection Required; Exemptions
603.03: Garbage and Recycling Containers
603.04: Storage of Garbage, Rubbish and Recyclable Materials
603.05: Yard Waste
603.06: Scavengers License to Haul Required
603.07: Violation of Provisions
603.01: DEFINITIONS: When used in this Chapter,the following words and phrases
shall have the meanings ascribed to them in this Section:
Subd. 1. APPLIANCES: Shall include washers, dryers, refrigerators, freezers, air
conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners
and other, similar large household items that require electricity and/or special processing
under Minnesota laws,but do not include"electronic waste."
Subd. 2. BULKY WASTE: Shall include all large,bulky household materials which do not
fit within the garbage container, and include (but are not limited to) carpeting and padding,
mattresses, chairs, couches,tables, appliances and car parts including wheels, rims and tires.
Subd.4-3. COMMERCIAL ESTABLISHMENT: Shall include properties in the City that
are classified generally as commercial, institutional, industrial or business in the
City zoning code which generate garbage and recyclables and are typically serviced
by a dumpster form of garbage container. any premises where a commercial or
industrial enterprise of any kind is carried on, including restaurants and clubs, churches
} .. .
•
Ord 891 — Page 1
Subd. 4 2. COMPOSTING: Has the meaning as set forth in Minnesota Statutes and rules of
the Minnesota Pollution Control Agency and sShall include plant materials, such as grass,
leaves, straw and non-woody plant materials and residential food wastes, stored on a
person's property for the purposes of recycling organic materials as a soil conditioner.
Subd 5. DUMPSTER: Shall have the commonly used meaning in the solid waste
industry of a commercial garbage container made of metal or durable plastic with a lid
that can be serviced by a front-end loading automated or rear-loading semi-automated
garbage truck.
Subd. 6. ELECTRONIC WASTE (electronic items): Shall have the meaning as set forth in
Minnesota Statutes and shall mean items such as television and computer monitors,
computers, computer peripheral devices, fax machines, DVD players, video cassette
recorders, other video display devices, cell phones and other small appliances with an
electric cord.
Subd. 7. FOOD WASTE: Includes meal preparation and left over food scraps from
households intentionally separated at the source by residents for the purpose of backyard
composting or separate collection for centralized recovery.
Subd. 8 4. GARBAGE: Shall have the meaning as set forth in Minnesota Statutes, mixed
municipal solid waste, and means solid waste from residential, commercial, industrial, and
community activities that the generator of the waste aggregates for collection, but does not
include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree
and agricultural waste, tires, lead acid batteries, motor and vehicle fluids and filters, and
other materials collected, processed, and disposed of as separate waste. Shall include only
any source.
Subd. 9 4. HAULER: Shall include a collector or transporter of garbage, rubbish, recyclable
materials, bulky waste, electronic waste, source-separated compostable materials or yard
waste.
Subd. 10. HOUSEHOLD HAZARDOUS WASTE: Shall have the meaning as set forth in
Minnesota Statutes and/or Minnesota Pollution Control Agency regulations and means
waste generated from household activities that exhibits the characteristics of or that is
listed as hazardous waste under agency rules, but does not include waste from
commercial activities that is generated, stored, or present in a household and includes
items such as paint, fluorescent light bulbs, mercury thermometers, cleaning fluids,
herbicides, pesticides, fertilizers and other such defined wastes.
Subd. 11. LEGAL HOLIDAYS: For the purposes of this Chapter Legal Holidays shall be
New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and
Christmas Day.
Ord 891 — Page 2
Subd. 12 5. MOBILE HOME PARK: Shall include any park, trailer court, trailer camp, court,
campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of
supplying a location or accommodation for any mobile home.
Subd. 13 6. MULTIPLE-UNIT DWELLING: Shall include any building used for residential
purposes consisting of four(4) or more residential units with kitchen facilities for each.
Subd. 14 7. RECYCLABLE MATERIALS: Shall include those materials designated as
recyclable in the City of Mounds View Solid Waste Management Standards. by City
Council r olutien
Subd. 15$. RESIDENCE: Shall include any single building of one (1) to three (3) dwelling
units with individual kitchen facilities for each.
Subd. 16. SELF—HAUL: Is the City-approved method for a resident to contain and
transport garbage from their own household to a licensed/permitted mixed municipal solid
waste facility. Self-haul requires the specific approval of the City.
Subd. 17. SOLID WASTE: Shall have the meaning as set forth in Minnesota Statutes, but
is further defined for purposes of this Chapter to include garbage, recyclables, appliances,
electronic waste, bulky waste, yard waste, and household hazardous waste.
Subd. 18. SOURCE-SEPARATED ORGANIC WASTE: Shall have the meaning as set
forth in Minnesota Pollution Control Agency rules and means organic materials that are
(a) separated at the source by waste generators for the purpose of preparing them for
recovery; (b) collected separately from mixed municipal solid waste; and (c)comprised of
food waste, fish and animal waste,plant materials, and paper that is not recyclable.
Subd. 19. VECTORS OF DISEASE: Are animals including, but not limited, to insects,
mice, rats, squirrels, crows, flies and other vermin that are capable of carrying,
transmitting and/or infecting humans with disease.
Subd. 20 4-0. YARD WASTE: Shall have the meaning as set forth in Minnesota Pollution
Control Agency rules and shall include leaves, grass clippings, organic garden waste or
shrub and small tree branches similar non-woody plant materials less than two inches (2")
in diameter.
Ord 891 — Page 3
603.02: COLLECTION REQUIRED; EXEMPTIONS:
Subd. 1. Collection Required}:
a. All garbage, recyclables, yard waste, source-separated organic waste and other
waste material accumulated in the city shall be collected and conveyed under the
supervision of the city administrator. The city administrator or their designee shall have the
authority to develop Solid Waste Management Standards concerning days of collection,
type and location of waste containers and other matters as they deem necessary to provide
for the safe, orderly and cost-efficient preparation, storage, collection and disposal of all
waste materials covered in this ordinance. These standards shall not be contrary to this
Chapter.
b. Unless otherwise exempt pursuant to subdivision 2 hereof, each residence,
multiple-unit dwelling, commercial establishment and mobile home park in the City shall
contract with a hauler licensed by the City for the collection of garbage and/or recyclables
rubbish.
c. All residents and commercial property shall separate all designated recyclables,
and other items designated by City of Mounds View Solid Waste Management Standards,
from garbage. These source separated items shall be collected for separate recycling,
processing or treatment.
d. All garbage shall be disposed of in compliance with state law and county policies
regarding required processing of solid waste.
Subd. 2. Exemptions: A household or business may be exempted from the requirements of
subdivision 1 hereof upon demonstrating to the satisfaction of the City that an
environmentally sound alternative method of solid waste disposal that complies with state
laws and regulations and county policies and is in conformance with the City of Mounds
View Solid Waste Management Standards will be used. Application for an exemption will
be made on a form provided by the City. The application shall be reviewed by the City
Administrator who shall approve or deny that application and shall notify the applicant, in
writing, of the decision. Any applicant aggrieved by the decision of the City Administrator
may appeal that decision to the City Council within ten (10) days of the date of the written
notice. The City Council shall hear the appeal at its next regularly scheduled meeting.
Subd. 3. Penalties: Every day that a person fails to engage a hauler, as required herein,
shall constitute a new violation of this Code and shall be subject to the penalties imposed
in Section 603.07 of this Chapter. However, no person can be charged with a violation
pending a final decision on an application for exemption.
}See subdivision 603.06(2)a(4)of this Chapter for restrictions oa owner hauling of waste.
2 See Section 603.06 of this Chapter for scavenger provisions.
Ord 891 — Page 4
603.03: GARBAGE AND RECYCLING CONTAINERS:
Subd. 1. Container Required: Every residence, multiple-unit dwelling and commercial
establishment contracting with a hauler -. : : . . : :• .. - : , who does not
otherwise provide for the disposal of such garbage in a sanitary manner, shall be provided
provide the residence with one (1) or more separate sanitary fly tight, waterproof
containers sufficient to receive all garbage and recyclables, in a sanitary manner, which
may accumulate between the times of collection.
Subd. 2. Capacity: Each nendispesable container shall have a capacity not to exceed
ninety-six (96 9.0) gallons, except where dumpsters are used in conjunction with multiple:
unit dwellings and commercial establishments.
Subd. 3. Lids: Each nondisposable container shall be waterproof and be equipped
provided with a tight-fitting cover and shall be maintained, cleaned and kept in a state of
repair which will prevent leakage and noxious odors.
603.04: STORAGE OF GARBAGETRUBBISH AND RECYCLABLE MATERIALS:
Subd. 1. Preparation for Placement in Containers: All garbage shall be securely wrapped or
placed in a plastic bag : .'- - . . . . . - and wrapped in a manner sufficient to
prevent leakage and littering before it is placed in garbage said containers.
Subd. 2. Location of Garbage and Recycling Containers: Except on scheduled collection
days, garbage, rubbish, yard waste, bulky waste., and recyclable materials shall be stored
behind the front line of the building lint for the width of the property. Garbage, rubbish,
yard waste, bulky waste and recyclable materials may be placed at the curbside or on the
boulevard for collection by a licensed hauler no earlier than 6:00 pm on the day during the
twelve (12) 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 (12)hours after said collection.
Subd. 3. Location of Dumpsters:
a. Dumpsters for garbage, rubbish, yard waste and recyclable materials used in
conjunction with multiple-unit dwellings and commercial establishments for the
convenience of the property owner, renters or lessees, shall be stored within an enclosure.
Enclosures shall be of sufficient capacity to contain garbage and recycling containers, with
sufficient additional capacity to store bulky waste generated by the dwellings or establishments.
The design and location of the enclosure shall be in conformance with City-approved
standards. All new establishments with dumpsters shall construct enclosures prior to
October 1, 1991, or prior to receiving a certificate of occupancy, whichever is later.
b. 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.
Ord 891 — Page 5
603.05: YARD WASTE AND COMPOSTING}:
Subd. 1. Composting: Any person may provide for the handling of certain food wastes and
yard wastes . - - •• . .. - -! .! ! - • . . - 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 attract vectors of disease or create a health hazard
or a nuisance to adjoining properties. Backyard and small compost sites shall comply
with Minnesota Pollution Control Agency rules.
Subd. 2. Disposal: Except for purposes of composting under subdivision 1 above, it shall
be unlawful for any person to dispose of yard waste on private or public lands located in
the City. All yard waste must be disposed of in the manner prescribed by law. Yard waste,
for purposes of this subdivision consists of all grass clippings, leaves, twigs, tree branches
. ; . .!
603.06: LICENSE TO HAUL REQUIRED :
Subd. 1. Licensing Requirements:
a. License Required:
(1) It is unlawful for any person to haul garbage,rubbish, recyclables, bulky waste
or yard waste without the appropriate license issued by the City under this
Chapter unless the person is hauling from their own residence or commercial
establishment in accordance with the provisions of Section 603.02, Subd. 2. €er
(2) Haulers collecting garbage, recyclables, bulky waste, yard waste, electronic
waste recyclables and nonrecyclable:, or any combination thereof from residential
areas, commercial establishments, multiple-unit dwellings and/or mobile home
parks must be licensed by the City.
b. Conditions of License: 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 and with the City of Mounds
View Solid Waste Management Standards.
c. Application for License: Any person desiring a license to collect garbage,
recyclables, bulky waste, yard waste, electronic waste, or any combination thereof, shall
make application for the same to the City Administrator upon a form prescribed by the
City. The applicant shall set forth the following:
(1) The name and address of the applicant.
Ord 891 — Page 6
(2) A list of the equipment which the applicant proposes to use in such collection.
(3) The place or places to which the garbage, rubbish, yard waste and/or
recyclable materials will ate be hauled.
(4) The name of the processing or disposal facility and the manner in which said
garbage, rubbish, yard waste and/or recyclable materials is to be processed or
disposed of.
d. Liability Insurance: Before a license is issued, the applicant shall file with the
City Administrator evidence that the applicant has in effect public liability insurance for
the hauler's business and for all vehicles as specified in the City of Mounds View Solid
Waste Management Standards. in at least the sum of five hundred thousand dollars
($500,000.00) for injury of one (1) person, ene n i dollars ($1,000,000.00) for the
$100,000.00) for property damages.
e. Schedule of Rates: When the application is submitted, the applicant shall file with
the City Administrator a schedule of maximum proposed rates to be charged during the
licensed period. Every licensee shall provide thirty (30) days' prior written notification to
the City and the licensee's customers of any increase change in rates to be implemented
during the licensed period. Failure to provide such notice shall void the rate increase.
Verified evidence that the licensee is charging_more than the maximum rate on file with
the City Administrator shall be cause for license revocation.
f. License Fee: 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.
g. Expiration of License: No license issued shall be for a longer period than one (1)
year, and all licenses shall expire on June 30 of each year.
h. Suspension or Revocation: 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. Continued willful or egregious violations of this ordinance by any licensed or
unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed
reasonable by the City Council.
Subd. 2. Operating Requirements and Restrictions:
a. All Licensees: All licensees shall comply with all of the following requirements
and restrictions:
(1) Hours and Days of Operation: No hauler shall operate in a residential
district after six o'clock (6:00) P.M. or before seven six o'clock (7 6:00) A.M. of
Ord 891 - Page 7
any day, and no hauler shall operate in a residential district on Sundays or legal
holidays. Collection of solid waste for single family residences shall occur only on
Thursdays, except when Thursday is a legal holiday. In the case of a legal
holiday, the collection will occur the following business day. Slight schedule
changes may be made, with sufficient advance notice by the hauler for adverse
weather conditions or other.
(2) Vehicle Weight Restrictions: All haulers operating on a route in a
residential district shall operate vehicles on City streets within the weight allowed
by Minnesota State statute'.
(3) Vehicle Equipment and Maintenance: Licensees shall have covered
watertight, 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 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.
(4) Curbside recycling collection must be made available to all residential
customers. Such service shall include weekly collection of all recyclable
materials on the same day as garbage collection for residences. A bi-weekly
collection period for recyclable material is permissible, provided the hauler
provides single-sort service and a collection container equal to or larger than the
provided garbage container.
Personal Hauling of Waste: Perseus may haul garbage, rubbish, recyclable
leakproof bodies which do not permit the loss of cargo.
(5) Each licensee shall separately collect and dispose of yard waste on a regular
basis for a yard waste season as determined in the Solid Waste Management
Standards. Dumping Facilities: All garbage and rubbish shall be dumped or
unloaded only at facilities designated by Ramsey County.
(6) Garbage Geollection service shall be priced on the basis of volume consistent
with Minnesota law. All billings shall be itemized so as to show all individual
charges and the garbage service level unit basis (e.g., $ per size of cart). Disposal
- . . - - .. : ' - . . - . . - . . .. . . -
facility, an organized recyclable drive or through another licensed hauler.
(7) Special Service Collection: Arrangements shall be made for customers to
accommodate documented physical health concerns, including "back door"
collection if needed.
approved composting facility or through another licensed hauler.
1 M.S.A. §169.825, subd. 10; see also Section 801.03 of this Code.
Ord 891 — Page 8
(8) Exhibition of License: Each vehicle for which a hauler's license is issued shall
exhibit such license in a prominent position on the vehicle.
(9) Education and Information to customers: All licensees shall provide
information to all customers that may be required by county, state, or federal
governments, including requirements to recycle, methods by which to recycle,
disposal and processing locations, tax and fee schedules, or information required
in the Standards.
b. Dumping Facilities: All garbage, bulky waste, electronic waste, recyclables,
source separated organic waste, and yard waste shall be dumped or unloaded only at
facilities that comply with state laws and regulations and county policies and are in conformance
with the City of Mounds View Solid Waste Management Standards.
c. Disposal Processing/Marketing of Recyclable Materials: Designated
Recyclable materials shall be taken to a recyclable material processing center, an end
market for sale or reuse, or to an intermediate collection center for later delivery to a
processing center or end market. It is unlawful for any person to transport for disposal or
to dispose of designated recyclables in a mixed municipal solid waste disposal facility.
d. Additional Restrictions for Multiple-Unit Dwelling, commercial establishment
and Mobile Home Park Residential Haulers: In addition to the other requirements of this
Chapter, haulers servicing Commercial Establishments residences, mobile home parks
and multiple-unit dwellings shall comply with the following:
(1) Collection of Garbage and convenient collection of recyclables Curbside
recycling collection shall occur on a weekly basis, or more frequent, for will be
made available to all residential and multiple-unit dwelling, commercial
establishment and manufactured home park customers no later than July 1, 1990.
Such service shall include weekly . - •. -
same day as garbage and rubbish collection for residences. A bi-weekly collection
period for recyclable material is permissible, provided the hauler provides single-
sort service and a collection container equal to or larger than the provided garbage
container.
:arbagc and rubbish materials will be provided on a weekly
basis, and recyclable materials will be provided on an at least bi weekly basis, but
bi weekly collection period for recyclable material is permissible, provided the
than the provided garbage container.
Ord 891 — Page 9
(2)(3) Collection of bulky wastes will be provided as needed, however all bulky
waste must be contained in the garbage and recycling enclosure and may not
remain in the enclosure longer than one (1) week 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.
basis for a minimum of eight(8) weeks in the spring, commencing on April 1, and
: ks in the fall, commencing on September 15.
be restricted to Thursday's only, except when Thursday is a legal holiday. In the
case of a holiday, the collection will occur the following business day.
Subd. 3. Reporting of Garbage, Recyclables and Yard Waste: All licensees shall report to
the City the amount of recyclable materials and yard waste collected. This shall be done
monthly on a form provided by the City. Such quantities shall be reported by tonnage;
except, that yard waste shall be reperted in- estimates of cubic yardage abated. All
Licensees that haul recyclables shall report on a monthly basis to the City those
residential customers that do not participate in the recycling program. Failure to certify
accurate reports volumes within the time specified by the City may be cause for
suspension or revocation of a hauling license.
603.07: VIOLATION OF PROVISIONS: Any person violating any of the provisions 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 October 27, 2014, the City Council adopted Ordinance 891 that amends Chapter 603
of the Mounds View City Code relating to recycling and license requirements for haulers.
The revisions are intended to satisfy Ramsey County and MPCA reporting requirements
and to strengthen the City's efforts to encourage and promote recycling throughout the
community.
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.
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 September 22,2014.
Second Reading and Adoption by the Mounds View City Council on October 27, 2014.
Ord 891 — Page 10
Publication Date: November 7, 2014
.oeFlah; M•r
Attest:
James Ericson
City Administrator
(seal)
Ord 891 — Page 11