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HomeMy WebLinkAboutOrdinance 1022ORDINANCE NO.1022 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE V, CHAPTER 50 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO LICENSING TO HAUL SOLID WASTE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title V, Chapter 50, Section 50.006 of the Mounds View Municipal Code by adding the underlined material and deleting the stamen material as follows: § 50.006 LICENSE TO HAUL REQUIRED. (A) Licensing requirements. (1) License required. (a) It is unlawful for any person to haul garbage, 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 § 50.002.(B) of this chapter. (b) Haulers collecting garbage, recyclables, bulky waste, yard waste, electronic waste or any combination thereof from residential areas, commercial establishments, multiple -unit dwellings and/or mobile home parks must be licensed by the city. (2) 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 solid waste management standards which are authorized to be adopted by the city, and which are incorporated herein by reference. (3) 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: (a) The name and address of the applicant; (b) A list of the equipment which the applicant proposes to use in the collection; (c) The place or places to which the garbage, yard waste and/or recyclable materials will be hauled (d) The name of the processing or disposal facility and the manner in which the garbage, yard waste and/or recyclable materials is to be processed or disposed of -.Land Ordinance No. 1022 Page 2 of 4 (e) A detailed schedule of all proposed maximum pricing, rates, fees, taxes, or charges to be charged during the licensed period for which the application is made. (4) 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 in the city solid waste management standards. (5) License fee. Before a license is issued, the applicant shall pay to the city a license fee per the city's approved fee schedule, which shall accompany the application. (6) Expiration of license. No license issued shall be for a longer period than one year, and all licenses shall expire on December 31 of each year. (7) 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 chapter by any licensed or unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the City Council. (B) Operating requirements and restrictions. (1) All licensees. All licensees shall comply with all of the following requirements and restrictions. (a) Hours and days of operation. No hauler shall operate in a residential district after 6:00 p.m. or before 7:00 a.m. of 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. (b) Vehicle weight restrictions. All haulers operating on a route in a residential district shall operate vehicles on city streets within the weight allowed by M.S. § 169.825, Subd. 10, as it may be amended from time to time. (c) 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. (d) Curbside recycling. Curbside recycling collection must be made available to all residential customers. The 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. Ordinance No. 1022 Page 3 of 4 (e) Season. 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. (f) Price. Garbage collection service shall be priced on the basis of volume consistent with state law. All maximum billing rates shall be itemized so as to show all individual maximum pricing, rates, fees, taxes, or charges and the garbage service level unit basis (such as, dollar per size of cart). The actual maximum rates charged by haulers must conform to the schedule of pricing, rates, fees, taxes, or charges provided on the license application. Any increase in maximum rates during the licensed period shall be submitted to the City Council in writing, at least 90 days prior to the proposed implementation date for any rate increase. Any submission regarding maximum pricing, rates, fees, taxes, or charges shall include all information necessary to support the proposed maximum pricing, rates, fees, taxes, or charges, as well as any other information requested by the City, including details about the basis for the maximum pricing, rates, fees, taxes, or charges and comparative pricing, rates, fees, taxes, or charges in surrounding communities. (g) Special service collection. Arrangements shall be made for customers to accommodate documented physical health concerns, including "back door" collection if needed. (h) Exhibition of license. Each vehicle for which a hauler's license is issued shall exhibit the license in a prominent position on the vehicle. (i) 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. (2) 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 solid waste management standards. (3) 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. (4) Additional restrictions for multiple -unit dwelling, commercial establishment and mobile home park haulers. In addition to the other requirements of this chapter, haulers servicing commercial establishments, mobile home parks and multiple -unit dwellings shall comply with the following. (a) Collection of garbage and convenient collection of recyclables shall occur on a weekly basis, or more frequent, for all multiple -unit dwelling, commercial establishment and manufactured home park customers. A bi-weekly collection period for recyclable material is Ordinance No. 1022 Page 4 of 4 pennissible; provided, the hauler provides single -sort service and a collection container equal to or larger than the provided garbage container. (b) 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 week. (C) 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 fonn provided by the city. The quantities shall be reported by tonnage. 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 within the time specified by the city may be cause for suspension or revocation of a hauling license. SECTION 2. In accordance with Section 3.07 of the City Charter, and assuming at least four - fifths of the City Council vote to adopt this ordinance, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On December 9, 2024, the Mounds View City Council adopted Ordinance 1022, "An Ordinance Amending Title V, Chapter 50 of the Mounds View Municipal Code Relating to Licensing to Haul Solid Waste," which amends the existing municipal code pertaining to solid waste hauler licensing. The ordinance requires the submission of certain maximum pricing and fees information as part of the license process. The ordinance also prohibits licensees from raising such maximum prices and fees without notice and a public hearing before the City Council. The licenses affected by the ordinance include current and future solid waste hauler license holders. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's web site located at www.moundsviewmn. org. 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 November 25, 2024. Second Reading and Adoption by the Mounds View City Council on December 9, 2024. Publication Date: December 11, 2024. Attest: (SEAL) 4/1 *G 4j Nf e Zikm d, City Administrator