City Code (cont.)
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*Cross
references: Sanitation of
animal structures and premises, § 14-5; sanitation of dogs and cats, § 14-40;
buildings and building regulations, ch. 18; abandoned motor vehicles, § 62-181
et seq.
State
law references: Waste
management generally, M.S.A. ch. 115A; authority to regulate solid waste
disposal, M.S.A. § 412.221, subd. 22.
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The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Commercial
establishment means any
premises where a commercial or industrial enterprise of any kind is carried on
and includes restaurants, grocery stores, schools, churches, bars, clubs and
factories.
Multiple
dwelling means any
residential building consisting of more than four dwelling units with kitchen
facilities for each.
Refuse
includes all solid wastes normal to a society of persons and a byproduct of
residential, commercial and industrial operations including garbage, rubbish,
ashes, animals, animal offal and agricultural waste.
Residential
dwelling means any single
building consisting of one through four dwelling units with individual kitchen
facilities for each.
(Code
1980, § 10.01, subd. 1)
Cross
references: Definitions
generally, § 1-2.
Any
person violating any provision of this article shall be guilty of a petty
misdemeanor and shall be punished as for a petty misdemeanor in accordance with
section 1-13. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
(Code
1980, § 10.01, subd. 5)
(a)
Garbage shall be kept in an approved container which is durable,
rust-resistant, watertight and easily cleanable with tightfitting covers and
adequate handles to facilitate collection.
(b)
Containers shall have a capacity of not less than five nor more than 30
gallons and shall only be filled or used so as to be easily handled by one man,
except that so-called dumpers with closefitting covers may be substituted in
commercial and multiple dwellings.
(c)
Containers shall be provided in sufficient number to hold all garbage and
refuse accumulating between collections. They shall be kept in a clean condition
so as to prevent a nuisance. They shall be placed in an accessible location to
facilitate collection.
(d)
Bulky refuse such as tree limbs, brush, cardboard boxes and like material
shall be stored in bundles weighing no more than 75 pounds and no longer than
four feet.
(e)
Refuse shall not be allowed to accumulate on any property so as to
constitute a nuisance because of appearance, odor, sanitation or so as to create
a fire hazard.
(Code
1980, § 10.01, subd. 2(B), (E)--(H))
(a)
It is unlawful for any person to deposit refuse from any source any
rubbish, offal or the body of a dead animal any place other than an approved
solid waste facility.
(b)
It is unlawful for any person to place or permit another to place any
refuse in any receptacle or container or at any refuse collection point owned,
maintained or provided for use by another without permission from the owner or
the intended user.
(Code
1980, § 10.01, subd. 3)
The
council may, by resolution, adopt and from time to time amend, adjust and revise
such rules, regulations, rates and charges as it deems necessary or proper for
the operation and management of an approved solid waste facility. It may give
notice of any such action as it deems necessary.
(Code
1980, § 10.01, subd. 4)
Secs.
46-6--46-35. Reserved.
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*Cross
references: Businesses, ch.
22.
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The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Garbage
means putrescible animal and vegetable wastes resulting from the manufacture,
handling, preparation and consumption of foods and similar substances.
Recyclable
material means solid
wastes normal to a society of persons that can be processed for reuse in society
including certain plastics, glass, metal, newsprint and corrugated cardboard.
Refuse
means all solid wastes normal to a society of persons and a byproduct of
residential, commercial and industrial operations including garbage, rubbish,
ashes, animals, animal offal and agricultural waste.
Solid
waste means garbage,
refuse and other discarded solid materials, except animal wastes used as
fertilizer, including solid waste materials resulting from industrial,
commercial and agricultural operations and from community activities. Solid
waste does not include earthen fill, boulders, rock and other materials normally
handled in construction operations; solids or dissolved material in domestic
sewage or other significant pollutants in water resources such as silt,
dissolved or suspended solids in industrial wastewater effluents, dissolved
materials in irrigation return flows, or other common water pollutants; or bulky
refuse such as cuttings from trees, brush, papers, large cardboard boxes and
like materials, insofar as practical, which exceed four feet in length or 75
pounds in weight.
(Code
1980, § 6.39, subd. 1)
Cross
references: Definitions
generally, § 1-2.
Nothing
in this article shall prevent persons from hauling garbage, refuse or solid
wastes from their own residences or business properties, provided the following
rules are observed:
(1)
All garbage shall be hauled in containers that are watertight on all
sides and the bottom and with tightfitting covers on top;
(2)
All refuse and solid wastes shall be hauled in vehicles with leakproof
bodies and completely covered or enclosed by canvas or other means or material
so as to completely eliminate the possibility of loss of cargo; and
(3)
All garbage, refuse or solid wastes shall be dumped or unloaded only at
an approved solid waste facility and strictly in accordance with regulations
relating thereto.
(Code
1980, § 6.39, subd. 3)
It
is unlawful for any person to haul garbage, refuse or solid wastes for hire
without a license from the city or to haul garbage, refuse or solid wastes from
his own residence or business property other than as excepted in section 46-37.
(Code
1980, § 6.39, subd. 2)
(a)
Garbage and refuse hauler licenses shall be granted only upon the
condition that:
(1)
The licensee shall have watertight, packer-type vehicles in good
condition to prevent loss in transit of liquid or solid cargo;
(2)
The vehicle shall be kept clean and as free of offensive odors as
possible and shall not be allowed to stand in any street longer than reasonably
necessary to collect garbage, refuse or solid wastes; and
(3)
The garbage, refuse or solid wastes shall be dumped or unloaded only at
an approved solid waste facility and strictly in accordance with regulations
relating thereto.
(b)
Before a garbage and refuse hauler's license shall be issued, the
applicant shall file with the city clerk evidence that he has the currently
required public liability insurance on all vehicles. The policy shall carry an
endorsement that the policy will not be cancelled or terminated without first
giving notice to the city, in writing, at least ten days prior to the proposed
cancellation.
(c)
The council, in the interest of maintaining healthful and sanitary
conditions in the city, reserves the right to specify and assign certain areas
to all licensees and to limit the number of licenses issued.
(d)
The council shall establish, by resolution, minimum levels of service to
be provided by each licensee, and each licensee shall provide such service and
quote a rate to be approved by the council for providing such service.
(e)
Each applicant shall file with the city clerk, before a garbage and
refuse hauler's license is issued or renewed, a schedule of proposed rates to be
charged by him during the license period for which the application is made. The
schedule of proposed rates or a compromise schedule thereof shall be approved by
the council before granting the license. Nothing in this subsection shall
prevent a licensee from petitioning the council for review of such rates during
the license period, and the council may likewise consider such petition and make
new rates effective at any time. No licensee shall charge rates in excess of the
rates approved by the council.
(1)
In accordance with M.S.A. § 115A.93, all fees for the collection of
mixed municipal solid waste assessed by collectors operating within the city
shall be based on either a volume or a weight based system. For volume or weight
based fees, the fee shall increase with the volume or weight of the waste
collected.
(2)
A pricing system based on volume instead of weight shall have a base unit
size of 30 to 33 gallons for mixed municipal solid waste collected from
households; mixed municipal solid waste collected from commercial/industrial
collection may have a larder base unit size. The licensee shall establish a
multiple unit pricing system that ensures the amounts of waste generated in
excess of the base unit amount are priced higher than the base unit price.
(f)
No hauler operating on a route in a residential district shall operate a
truck on any city street when the weight of the vehicle exceeds eight tons per
axle.
(g)
No hauler shall operate in a residential district after 8:30 p.m. or
before 5:30 a.m. of any day, and no hauler shall operate in a residential
district on Sunday.
(h)
Each vehicle for which a hauler's license is issued shall exhibit such
license in a prominent position on the vehicle.
(i)
Licensed haulers for recyclables are authorized to take recyclable
materials from the city to the designated processing site. Further, the licensed
recyclable hauler's pickup vehicles are not required to be compactors.
(Code
1980, § 6.39, subd. 4)
State
law references: Authority
to assess property for garbage collection, M.S.A. § 443.015.