Loading...
CR 92-64 Adoption Of Ordinance 92-707 \ 1 Y C. 0 ~ 1- ~ March 16, 1992 0 P K I ~ Council Report; 92-64 ADOPTION OF ORDINANCE NO. 92-707, AMENDING SECTION 605 - SOLID WASTE MANAGEMENT ORDINANCE Proposed Action Staff recommends that the Council approve the following motion: "Move the first reading of Ordinance no. 92-707 amending Section 605; Solid Waste Manaqement, of the Hopkins City Code." This action will update definitions and make it mandatory that all residential, commercial, multiple family, institutional properties have solid waste collection service as required by State Statute 115A.941. Wording has also been changed to more clearly define purpose and meaning. Overview section 605 of the Hopkins' city Code was established to regulate solid waste disposal in the city. Recent changes in legislation, and interpretation problems, have necessitated changes in our methods of managing solid waste. These changes were jointly reviewed by Public Works and Finance. Primary Issues to Consider o Should the definitions and language be updated? Supporting Information o Detailed Background o Analysis of Issues o September 6, 1990 memo from Jerre Miller o Existing City Code Section 605 - Solid Waste Management o Ordinance No. 92-707 .$~ L .." Gus'E so, Public Works Director ~ Recycling Coordinator council Rpt 92-64 March 16, 1992 Page 2 Detailed Background 1991 has seen the following Solid Waste Legislation requirements for cities the size of Hopkins; 1) 115A.552 OPPORTUNITY TO RECYCLE. Requires Counties to ensure that residents have an opportunity to recycle. (This requirement was' passed along to be administered by local government i. e. cities.) 2) 1I5A.93 LICENSING OF SOLID WASTE COLLECTION Subd. 3. License requirements. (a) A licensing authority shall require that charges for collection of mixed municipal solid waste vary with volume or weight of waste collected. 3) 115A. 941 SOLII> WASTE; REQUIRED COLLECTION. Each city and town wi th a population of 5,000 or more shall ensure that every residential household and business in the city or town has solid waste collection service, unless exempted through determining that a resident/business uses an environmentally sound solid waste disposal alternative. The following are the section areas in the proposed ordinance which would modify and update the existing ordinance along with an explanation of the proposed changes. SECTION AREA CHANGES MADE 605.01 Subd. 4. This section was modified to be more general in nature to better allow for minor changes to collection procedures. 605.01 Subd. 5. "Basic Service" was added to define this term which was used to describe the city's mandatory service requirement. 605.01 Subd. 6.- 37. Subdivision numbers changed due to the addition of definitions in alphabetical order. 605.02 Subd. 1. Language was added to require that all properties have refuse collection services as required by State Statute. 605.02 Subd. 1. a) Wording was modified in order to more clearly define that fees for "basic refuse service" are mandatory in the City Service Area. 605.02 Subd. 1. b) Wording was modified to more clearly define requirements. 605.03 New Section title added. 605.03 Subd. 1. Was section 605.02 Subd. 2. council Rpt 92-64 March l6, 1992 Page 3 605.03 Subd. 2. a) Was section 605.02 Subd. 3 . a) 605.03 Subd. 2. b) Was section 605.02 Subd. 3 . b) Effective dates were removed - date already past. 605.03 Subd. 2. c) Was section 605.02 Subd. 3. c) 605.03 Subd. 2. d) Was Section 605.02 Subd. 3. d) 605.04 Subd. 1. This section was formerly 605.02 Subd. 4. New section was created to keep unrelated issues separate. This section was also modified to more clearly define that property owners are liable for all refuse bills whether they live on the property or rent it out. 605.05 Subd. l - 3 Was section 605.03 Subd. l - Subd. 3 section number was changed due to the addition of other sections. 605.06 Subd. 1. Was section 605.04. 605.06 Subd. 2. Added to require reporting requirements as part of licensing. 605.07 Subd. 1- Was section 605.05 Subd. 1. 605.07 Subd. 2. Was section 605.05 Subd. 2. Effective date was deleted - date already past. Analysis of Issues 0 Should the definitions and language be updated? Staff recommends that the definition be added and that various language be updated in an effort to define and more clearly state the meaning of the ordinance. In the past couple of years we have had problems in regard to receiving payment from property owners for refuse services used by their renters. It should not be up to the city to pay for costs incurred by properties when their renters do not pay their refuse bill. As the ordinance is unclear on this issue we have updated the language so as to allow us to collect unpaid bills incurred by renters, from the property owner. Another area in which we have had problems is in the interpretation of mandatory city refuse service for all single family through triplex residential units. Our refuse collection system costs are based on this service being used by all residents in the II city servJ.ce area" . When bills remain unpaid we turn the water off until payment is made. We have clarified language in the ordinance to make it more clear that if water shut off is not possible, unpaid bills can be assessed to the property. Although our ordinance currently implies this (see attached memo) now we have tried to spell it out more clearly. C I T Y 0 F H 0 P K I N S MEMO Date: September 6, 1990 To: Jim Genellie From: Jerre Miller Re: Dahlberg Waste Collection Fee I have reviewed the question you asked concerning the objection of Douglas Dahlberg to pay the waste collection fee. In reviewing Ordinance 605, I note the City has the authority to provide services for collection of garbage and it has the authority to perform this collection exclusively. Subdivision 3 says the City shall charge at rates it establishes from time to time. The Ordinance is silent on the precise issue of whether a citizen can avoid a service charge if he produces no waste or for some reason contracts it out privately for disposal. However, the sections I have alluded to would at least impliedly suggest the residential classification set forth in the Ordinance is required to have the waste picked up exclusively by the City who has the authority to charge for the service. I don't understand what Dahlberg is doing with his garbage but I ' think the Ordinance is clear enough to allow the City to insist on its payment and collection. JAM 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 , Hopkins City Code (Rev. 1990), 605.01 - Section 605 - Solid Waste Management 605.0l. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Authorized Commercial Waste Receptacle" means a container made of metal or other weather tight, rodent proof material with a tight fitting cover. Subd. 3. "Authorized Recycling Container" means a container used to store recyclable materials as approved by the City Council in the Legislative Policy Manual. Subd. 4. "Authorized Waste Receptacle" means an authorized waste container used.to store waste until the time of collection. (a) Within the City Service Area the authorized residential waste receptacle shall be a plastic rollout refuse container, provided by the City, which is compatible with the City's fully automated trucks and crimping mechanisms. (b) For non-City Service Areas which receive individual container collection service, the authorized waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fitting cover and shall be of a size and capacity acceptable to the refuse collector licensed to empty the container. (c) For non-City Service Areas which receive centralized dumpster collection service, the authorized waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fi tting lid. (Amended Ord. No. 90-685) Subd. 5. "Brush" means tree 1 imb s , branches and twigs which have a maximum diameter of six inches and a maximum length of twenty feet. Subd. 6. "City Service Area" means the area of the City which receives the City's refuse collection service which shall include all single family dwellings, duplexes, double bungalows and triplexes and may include multiple-family dwellings and commercial buildings upon separate contract with the City. Subd. 7. "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the waste is delivered to a waste facility. Subd. 8. "Collector(s)" means any person(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, recyclables and/or yard waste. Subd. 9. "Commercial Building" means a structure or portion thereof that is intended to be used by human be ings in the pursuit of commercial or industrial or other similar endeavors. Subd. 10. "Construction Debris" means waste building materials, packaging, and/or rubble resulting from construction, remodeling, repair and demolition of buildings and roads. Hopkins City Code (Rev. 1990), 605.01, Subd. 11 ~, Subd. 1l. "Dwelling Unit" means a residential accommodation including complete kitchen facilities permanently installed which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. (Added Ord. No. 90-685) Subd. 12. "Garbage" means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. 13. "Generation" means the act or process of producing waste. Subd. 14. "Generator" means any person who generates waste. Subd. 15. "Hauler" means a collector or transporter of mixed municipal solid waste, recyclable materials, and/or yard waste. Subd. 16. "Hazardous Wastes" means any refuse or discarded material or combination of refuse or discarded material in solid, semi-solid, liquid or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Categories of hazardous waste materials include but are not limited to: explosives, flammables, oxidizers, poisons, irritants and corrosives. Subd. 17. "Institutional Building" includes public and private, and means public or pri va te schools, churches, synagogues, nursing homes, daycare facilities, colleges, hospitals and similar establishments. (Added Ord. No. 90-685) Subd. 18. "Ma j 0 r Appliances" means large household appliances including refrigerators, stoves, dishwashers, washers and dryers, water heaters and other such large appliances. Subd. 19. "Mixed Municipal Solid Waste" means garbage, rubbish, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil and other materials collected, processed and disposed of as separate waste streams. Subd. 20. "Multiple-Family Dwelling" means a residential structure with more than three (3) separate living units. Subd. 2l. "Open Storage" means the keeping or storage other than inside of a building or enclosed in an Authorized Commercial Waste Receptacle, Authorized Recycling Container or Authorized Residential Waste Receptacle of; a) any personal property, material or substance which does not serve, nor is intended to serve, any useful purpose or the purpose for which it was originally intended; or b) any Brush, Construction Debris, Garbage, Hazardous Waste, Problem Materials, Refuse, Rubbish or Yard Waste. Subd. 22. "Private Premise" means any property, real or personal, owned or under the control of any person. Hopkins City Code (Rev. 1990), 605.01, Subd. 23 ......... Subd. 23. "Problem Materials" means hazardous wastes, major appliances and other waste materials including but not limi ted to tires, used oil, antifreeze, 55- gallon drums, paints and batteries which are collected, processed and disposed of as separate waste streams. Subd. 24. "Public Place" means any location owned or controlled by any governmental unit or subdivision. Subd. 25. "Recyclable Materials" means materials that are separated from mixed municipal solid waste by the generator for the purpose of recycling and include all items approved by the City Council in the Legislative Policy Manual. Subd. 26. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subd. 27. "Refuse" means all putrescible and non-putrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and market and industrial solid wastes. Subd. 28. "Residential Dwelling" means single family dwellings, duplexes, double bungalows and triplexes. Subd. 29. "Rubbish" means non-putrescible solid wastes consisting both of combustible and non-combustible wastes (excluding recyclables) such as paper, cardboard, tin cans, wood, glass, bedding, crockery and other similar materials. Subd. 30. "Scavenging" means the unauthorized collection of refuse materials including recyclable materials that have been set out by residents of the City specifically for an authorized collection program. Subd. 3l. "Source Separation" means the separation of recyclable materials and yard waste from mixed municipal solid waste at the source of generation. Subd. 32. "Storage" means the toleration, allowance, permitting, placing, piling or stacking for safe keeping or the abandonment of any moveable personal property on any part of any premises. Subd. 33. "Tree Waste" means parts of grown trees which are greater than one inch in diameter and prunings. (Added Ord. No. 90-685) Subd. 34. "Unacceptable Waste" includes but is not limited to the fo llowing: asbestos; ash; cesspool and other human waste; demolition or other construction debris; explosives; foundry sand; hazardous materials including explosives; Hazardous Waste; human or animal remains; liquid waste; lead acid batteries; major appliances; major parts of machinery, vehicles and equipment; Medical Waste; mining waste; used oils, crank case oils, cutting oils; radioactive materials; sludge; sewage; street sweepings; tires; transformers. (Added Ord. No. 90-685) Subd. 35. "Waste Facility" means any resource recovery facility or related transfer station or similar facility to which waste is required to be delivered. Subd. 36. "Yard Waste" means organic material consisting of grass clippings, leaves and other forms of organic garden waste. Hopkins City Code (Rev. 1990), 605.02 605.02 Mixed Municipal Solid Waste Collection and Disposal Services. Subdivision 1. City Authority. The City shall have the authority to provide or contract to provide services for the collection and disposal of mixed municipal solid waste within the City Service Area for the following types of property uses and at such charges as hereinafter set forth: a) City Service Area. Tne City shall have the authority to exclusively perform or contract for the collection of all mixed municipal solid waste from all single family dwellings, duplexes, double bungalows and triplexes located in the City which shall constitute the City Service Area. b) Non-City Service Area. Multiple family dwellings and commercial buildings using single container or dumpster service may have the collection and disposal of mixed municipal solid waste performed by the City through a separate contract with the City. Subd. 2. Preparation of Non-Recyclable Materials. Refuse. The owner or occupant of any residential dwelling, multiple-family dwelling, commercial building or institutional building and any other person having refuse as herein defined shall keep on such premises sufficient authorized waste receptacles for storage of refuse accumulating on the premises between disposal and collection. All garbage accumulating between the times of collection shall first be wrapped, or bagged in paper or plastic, or other similar material and then placed in an authorized receptacle. (Amended Ord. No. 90-685) . Subd. 3. Separation of Recyclable materials a) It shall be the duty of every owner or occupant of a residential dwelling(s) having recyclable materials which accumulate on the premises to separate recyclable materials from refuse, place the recyclable materials in a City approved container and set the recyclable materials out for collection in a manner that is designated by the City. (Added Ord. No. 90-685) b) Effective January 1, 1991 for Multiple-family dwelling(s) and effective July .1, 1991 for commercial buildings, and institutional building (s) it shall be the duty of each owner and occupant of said properties having recyclable materials which accumulate on the premises to separate recyclable materials from refuse and provide for the collection of recyclable mater ials in authorized waste receptacles using methods agreed to by the owner and licensed hauler of choice. (Added Ord. No. 90-685) c) Yard Waste. It shall be the duty of persons within the City Service Area to separate yard waste and brush from their mixed municipal solid waste for collection by the City or authorized contractor. Proper preparation of the yard waste and brush will be determined by the rules, regulations and procedures that are designated by the City. Yard Waste disposal in the Non-City Service Area shall be in accordance with Minnesota Statutes Section 115A.931. (Amended Ord. No. 90-685) d) Brush and Tree Waste. It shall be the duty of every owner or occupant of residential dwelling(s), multiple-family dwelling(s) , commercial and institutional building(s) to separate brush and tree waste from their mixed municipal solid waste by the rules, regulations and procedures that are designated by the City. (Added Ord. No. 90-685) Hopkins City Code (Rev. 1990), 605.02, Subd. 4 Subd. 4. Charges for Collection by the City. The charges for all collection services performed by or contracted for the City shall be charged by and paid to the City upon billing at rates as set forth by council resolution. Subd. 5. Ownership of refuse and recyclables. a) Ownership of refuse and recyclable material set out for collection shall remain with the person who set out the material until removed by the authorized collector. Until the refuse and/or recyclable materials are removed by the authorized collector, the person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the refuse and recyclable materials shall vest in the authorized collector upon removal thereof by the collector. b) Unauthorized Collection of Refuse or Recyclables. It shall be unlawful for any person who is not authorized by the City to take or collect or scavenge any refuse materials or recyclable materials set out for authorized collection programs within the City. c) Right to Sell Recyclables and Yard Waste. Nothing in this ordinance shall abridge the right of any person to give or sell their recyclable materials and/or yard waste to any recycling and composting program lawfully operated for profit, non- profit or charitable purposes. 605.03 Prohibitions. Subd. 1. Unauthorized dumping. The dumping, depositing, placing or abandoning of any garbage, rubbish, hazardous waste, problem materials, yard waste, junk, junk cars or parts thereof, animal wastes or remains, or any other refuse on any private or public property, except the lawful storage of such materials in authorized waste receptacles as permitted by Chapter 605, is prohibited. (Amended Ord. No. 90-685) Subd. 2. Open storage prohibited. No person shall cause, maintain or permit any Open Storage within the City of Hopkins for more than 72 hours, except that the storage of building materials and equipment, such as pipe, lumber, forms, metal parts, machinery and equipment is permitted at construction sites during the period of actual construction as evidenced by the records of the Inspections Department of the City of Hopkins. Subd. 3. Littering prohibited. No person shall: a) throw, allow or deposit any refuse in or upon any public place such as a street, sidewalk, park, or private premise, or any other place within the City except in public receptacles or other authorized waste disposal containers; b) place such refuse in any public or private receptacles in such a manner that in can readily be blown or scattered by the elements to any, public or private property; c) sweep or allow the sweeping of any such refuse into any gutter, street or other public place from any building, lot, sidewalk or driveway; Hopkins City Code (Rev. 1990), 605.03, Subd. 3 . e) allow or permit, scatter, place or abandon any refuse upon any private property, whether occupied, controlled or owned by such person, or upon property of any other except that such matter may be deposited in authorized receptacles, as hereinabove provided; f) operate, drive or move any vehicle anywhere in the City from which the contents, load, debris, dirt, mud, refuse, is or is likely to be blown, dropped or otherwise deposited or scattered upon any public or private property; g) throw, deposit, post or leave any hand bill on a private or public property or place where signs indicate that no advertisements, trespassing, peddlers or agents are desired, except that such hand bills may be distributed to anyone willing to accept them; h) deposit, distribute or leave any hand bill, newspaper or other similar media on or at any premises, public or private, in such a manner as to allow such litter or material to be blown or scattered by the elements upon any street, sidewalk, alley or other public or private property. 605.04. Licensing. No person, firm or corporation shall engage in the business of collecting or hauling garbage, refuse, recyclables, yard waste, brush or other refuse from sites in the City without first procuring a license to do so from the City, and paying the fee fixed by Chapter X: 605.05. Penalties. Subdivision 1. It is unlawful for any person to violate any provision or fail to comply with any order or regulation made in this section. Any such violation or failure shall constitute a misdemeanor and upon conviction thereof may be punished by a fine of not more than $700 and imprisonment for a term not to exceed 90 days, or both. Each act of a violation and every day on which a violation occurs or continues is a separate violation. Any penalty imposed for a violation of this section shall be remedied within a reasonable time. Each day that such violation is permitted to exist shall constitute a separate offense. The application of the above penalties will not prevent the enforced removal of the prohibited condition pursuant to the law or this code. (Amended, Ord. No. 90-685) Subd. 2. Effective January 1, 1992 a violation of any provision of section 605.02 Subd. 3. shall result in a $25.00 penalty for each owner or occupant of a residential dwelling(s) and a $100.00 penalty for each owner or occupant of a multiple-family dwelling(s), commercial or institutional building(s). A violator shall be given a written warning for the initial violation. A penalty shall be imposed for each subsequent violation. Penalties that remain unpaid for more than 30 days shall be charged to the utility account of the violator. Any penalty that is placed on a utility account may be an assessment against the violator's property. Such amount shall be certified to the county auditor and collected in the same manner as taxes and/or special assessments against the premises and may be subj ect to a civil action initiated by the City. The fifth and each succeeding violation of Sections 605.02 Subd. 3. of this Article shall be a misdemeanor. Each day during which the violation continues shall constitute a separate offense. (Added Ord. No. 90-685) . Hennepin County, Minnesota Ordinance no. 92-707 AN ORDINANCE AMENDING SECTION 605 OF THE HOPKINS CITY CODE IN REGARD TO SOLID WASTE MANAGEMENT BE IT ORDAINED by the Council of the city of Hopkins as follows: section 1. That section 605.00 through 605.05 be repealed in its entirety and replaced by the following: section 605 - Solid Waste Manaqement 605.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Authorized Commercial Waste Receptacle" means a container made of metal or other weather tight, rodent proof material with a tight fitting cover. Subd. 3. "Authorized Recycling container" means a container used to store recyclable' materials as approved by the city council in the Legislative Policy Manual. Subd. 4. "Authorized Waste Receptacle" means an authorized waste container used to store waste until the time of collection. (a) within the city Service Area the authorized residential waste receptacle shall be a-~~a8~~e-~~~-~~~~~'~~ ey-~fie-~k~ a container made of metal, or other weather tight, rodent proof material with a tight fitting cover of a size and capacity which is compatible with the City's refuse collection service as defined in the Legislative Policy. :El:i3:3:y--EtUt.-emtrt.~ ~~l:ieffS-ufld-~~~~~ (b) For non-city service Areas which receive individual container collection service, the authorized waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fitting cover and shall be of a size and capacity acceptable to the refuse collector licensed to empty the container. (c) For non- City Service Areas which receive centralized dumpster collection service, the authorized waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight' fitting lid. (Amended Ord. No. 90-685) Ordinance No. 92-707 Page of 2 Subd. 5. "Basic Service" means the weekly Refuse and Recycling Service provided by the city or city authorized contractor_ Subd. 5...6. "Brush" means tree limbs, branches and twigs which have a maximum diameter of six inches and a maximum length of twenty feet. Subd. 6...7. "city Service Area" means the area of the city which receives the City's refuse collection service which shall include all single family dwellings, duplexes, double bungalows and triplexes and may include multiple-family dwellings and commercial buildings upon separate contract with the City. Subd. T...8. "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the waste is delivered to a waste facility. Subd. 8...9. "Collector(s)" means any person(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, recyclables and/or yard waste. Subd. 9...10. "Commercial Building" means a structure or portion thereof that is intended to be used by human beings in the pursuit of commercial or industrial or other similar endeavors. Subd. 3:e...1~. "Construction Debris" means waste building materials, paCkaging, and/or rubble resulting from construction, remodeling, repair and demolition of buildings and roads. Subd. 3:3:...~2. "Dwelling Unit" means a residential accommodation including complete kitchen facilities permanently installed which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. (Added Ord. No. 90-685) Subd. 3:zh 13 . "Garbage" means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. 3:3...14. "Generation" means the act or process of producing waste. Subd. 3:4...15. "Generator" means any person who generates waste. Subd. 3:5...16. "Hauler" means a collector or transporter of mixed municipal solid waste, recyclable materials, and/or yard waste. Ordinance No. 92-707 Page of 3 Subd. :1:6":"17. "Hazardous Wastes" means any refuse or discarded material or combination of refuse or discarded material in solid, semi-solid, liquid or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. categories of hazardous waste materials include but are not limited to: explosives, flammables, oxidizers, poisons, irritants and corrosives. subd. 3:::;I ":" 18 . " Institutional Building" includes public and private, and means public or private schools, churches, synagogues, nursing homes, day care facilities, colleges, hospitals and similar establishments. (Added Ord. No. 90-685) Subd. 3::8":"19. "Major Appliances" means large household appliances including refrigerators, stoves, dishwashers, washers and dryers, water heaters and other such large appliances. subd. 3:9":"20. "Mixed Municipal Solid Waste" means garbage, rubbish, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultur~l wastes, tires, lead acid batteries, used oil and other materials collected, processed and disposed of as separate waste streams. Subd. ~a.21. "Multiple-Family Dwellingll means a residential structure with more than three (3) separate living units. Subd. ~3::.22. "Open storage" means the keeping or storage other than inside of a building or enclosed in an Authorized Commercial Waste Receptacle, Authorized Recycling Container or Authorized Residential Waste Receptacle of; a) any personal property, material or substance which does not serve, nor is intended to serve, any useful purpose or the purpose for which it was originally intended; or b) any Brush, Construction Debris, Garbage, Hazardous Waste, Problem Materials, Refuse, Rubbish or Yard Waste. Subd. ~9":"23. "Private premise" means any property, real or personal, owned or under the control of any person. subd. ~3-.2 4. "Problem Materials" means hazardous wastes, major appliances and other waste materials including but not limited to tires, used oil, antifreeze, 55-gallon drums, paints and batteries which are collected, processed and disposed of as separate waste streams. Subd. ~4.2 5. "Public Place" means any location owned or controlled by any governmental unit or subdivision. Ordinance No. 92-707 Page of 4 Subd. ~5..2 6. "Recyclable Materials" means materials that are separated from mixed municipal solid waste by the generator for the purpose of recycling and include all items approved by the city council in the Legislative Policy Manual. Subd. ~6..2 7. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not c~use the destruction of recyclable materials in a manner that precludes further use. Subd. ~:;t..28. "Refuse" means all putrescible and non- putrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, ,dead animals, abandoned automobiles and market and industrial solid wastes. Subd. ~8..29. "Residential Dwelling" means single family dwellings, duplexes, double bungalows and triplexes. subd. ~9..30. "Rubbish" means non-putrescible solid wastes consisting both of combustible and non-combustible wastes (excluding recyclables) such as paper, cardboard, tin cans, wood, glass, bedding, crockery and other similar materials. Subd. 36..31. "Scavenging" means the unauthorized collection of refuse materials including recyclable materials that have been set out by residents of the City specifically for an authorized collection program. Subd. 33:-:-32. "Source Separation" means the separation of recyclable materials and yard waste from mixed municipal solid waste at the source of generation. Subd. 3~-:-33 . "Storage" means the toleration, allowance, permitting, placing, piling or stacking for safe keeping or the abandonment of any moveable personal property on any part of any premises. Subd. 33-:-34. "Tree Waste" means parts of grown trees which are greater than one inch in diameter and prunings. (Added Ord. No. 90-685) Subd. 34..35. "Unacceptable Waste" includes but is not limited to the following: asbestos; ash; cesspool and other human waste; demolition or other construction debris; explosives; foundry sand; hazardous materials including explosives; Hazardous Waste; human or animal remains; liquid waste; lead acid batteries; major appliances; major parts of machinery, vehicles and equipment; Medical Waste; mining waste; used oils, crank case oils, cutting oils; radioactive materials; sludge; sewage; street sweepings; tires; transformers. (Added Ord. No. 90-685) Ordinance No. 92-707 Page of 5 Subd. 3-5":"36. "Waste Facility" means any resource recovery facility or related transfer station or similar facility to which waste is required to be delivered. subd. 3-6T37. "Yard Waste" means organic material consisting of grass clippings, leaves and other forms of organic garden waste. 605.02 Mixed Municipal Solid Waste Collection and Disposal Services. SUbdivision 1. city Authority. The city shall have the authority to require that all owner(s) or occupants(s) of any properties; including residential dwelling (s r, multiple-family dwelling(s), commercial building(s) and institutional building(s), provide or contract to provide services for the collection and disposal of mixed municipal solid waste which accumulates on said property as required by state statute and in accordance with the specific methods defined and hereinafter set forth as follows: wi~ftin-~fte-€~~~-~~~~~k~-~~~~ ~Yf'es --o:E--l'"~~:t:""t:-1" - tl:S-es- -tffi:d--a~ --sueh--elTa~S--'ft-S-~intt-fk~ - s e~ ~er~h-:- a) City Service Area. The City shall have the exclusive authority to provide or contract to provide services e~e~tls~ve~y-~~~~~~~~ for the collection and disposal of all mixed municipal solid waste and to provide a separate collection for recyclable materials within the City service Area. charges for such services are established by council resolution. It is mandatory that all properties within the City service Area, have basic service, and be charged accordingly per section 605.03, Subdivision 3. ~rem--~~--~~~--~ami~y--~we~~ift~~T aHf'ie~eST-~~-~~'ft~~--a~-k~~~ ~eea~ee--~fi-k~-ei~y wh~eft-sfta~~-eens~~~H~e-~he-e~~y-serviee-AreaT b) Non-City Service Area. It shall be required that the owner(s) or occupant(s) of multiple-family dwelling(s), ana commercial building(s), and institutional building(s) provide or contract to provide for tlsin~--~i~~e-~~~:t:""-~-~~ serv~ee-may-~ the collection and disposal of mixed municipal solid waste, and provide for the separate collection of recyclable materials which accumulate on the premises. said properties may have the collection and disposal of mixed municipal solid waste and recycling performed by a licensed contractor of choice or by the City through a separate contract if agreed to and authorized by wi~ft the City. Ordinance No. 92-707 Page of 6 605.03 Handling of Mixed Municipal Solid Waste. Subd. 1. 6eS.ez----Stlhd.-~. Preparation of Non-Recyclable Materials. Refuse. The owner or occupant of any residential dwelling(s), mUltiple-family dwelling(s), commercial building(s) or institutional building(s) and any other person having refuse as herein defined shall keep on such premises sufficient authorized waste receptacles for storage of refuse accumulating on the premises between disposal and collection. All garbage accumulating between the times of collection shall first be wrapped, or bagged in paper or plastic, or other similar material and then placed in an authorized receptacle. (Amended Ord. No. 90-685) Subd. 2 6eS.ez--Stlba.-3. Separation of Recyclable materials a) It shall be the duty of every owner or occupant of a residential dwelling(s) having recyclable materials which accumulate on the premises to separate recyclable materials from refuse, place the recyclable materials in a city approved container and set the recyclable materials out for collection in a manner that is designated by the city. (Added Ord. No. ge-6&S) b) E ~:E e e e :i:ve - -a:-aft1:ta~Y' - -}-;- - -+9-9-1:- - -f~ - M't:l-l k.~ p3.:e---f-a:m:i -3.:y dwell:i:n~tsT-afid-~~~4~~~~~~/--~1:--~~-eemmereia~-htl~ld:i:n~sT and-~fi8~~~~~~efia~-~~~6~fi~~~t It shall be the duty of each owner and occupant of multiple-family dwelling(s), commercial building(s), and institutional building(s), sa~d--Pf~~~~~ having recyclable materials which accumulate on the premises to separate recyclable materials from refuse and provide for the collection of recyclable materials in authorized waste receptacles using methods approved by the city which are agreed to by the owner and licensed hauler of choice. (Added Ord. No. 98-6&5) c) Yard Waste. It shall be the duty of persons within the city service Area to separate yard waste and-h~tlsh from their mixed municipal solid waste for collection by the city or authorized contractor. Proper preparation of the yard waste in the City service Area and-brtlsh will be determined by the rules, regulations and procedures that are designated by the city. Yard Waste disposal in the Non-city service Area shall be in accordance with Minnesota statutes section 115A.931. (Amended Ord. No. 90-685) Ordinance No. 92-707 Page of 7 d) Brush and Tree Waste. It shall be the duty of every owner or occupant of residential dwelling(s), multiple- family dwelling(s) , commercial and institutional building(s) to separate brush and tree waste from their mixed municipal solid waste by the rules, regulations and procedures that are designated by the city. (Added Ord. No. 90-685) Subd. 3. 6e5~e~--SHBa~-5~ Ownership of refuse and recyclables. a) ownership of refuse and recyclable material set out for collection shall remain with the person who set out the material until removed by the authorized collector. until the refuse and/or recyclable materials are removed by the authorized collector, the person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the refuse and recyclable materials shall vest in the authorized collector upon removal thereof by the collector. b) Unauthorized Collection of Refuse or Recyclables. It shall be unlawful for any person who is not authorized by the City to take or collect or scavenge any refuse materials or recyclable materials set out for authorized collection programs within the City. c) Right to Sell Recyclables and Yard Waste. Nothing in this ordinance shall abridge the right of any person to give or sell their recyclable materials and/or yard waste to any recycling and composting program lawfully operated for profit, non-profit or charitable purposes. 605.04 Subd. 1. SHBd~-4-~ Charqes for Collection by the city. The charges for all collection services performed by or contracted for the City shall be charged by and paid to the City upon billing at rates as set forth by council resolution. property owners shall be liable to the City for all bills accruing through the use of refuse services provided to that property whether the same be personally used by said property owner, or the property owners renter, or lessee, or any other occupant of the premises. The fee(s) for basic service shall be charged to all property owners within the City Service Area whether or not service is used unless service is cancelled through notification of the city's finance department. Terms of which are governed by the rules, regulations and procedures designated by the city. Ordinance No. 92-707 Paqe of 8 605.05 685~e3 Prohibitions. Subd. 1. Unauthorized dumping. The dumping, depositing, placing or abandoning of any garbage, rubbish, hazardous waste, problem materials, yard waste, junk, junk cars or parts thereof, animal wastes or remains, or any other refuse on any private or public property, except the lawful storage of such materials in authorized waste receptacles as permitted by Chapter 605, is prohibited. (Amended Ord. No. 90-685) Subd. 2. Open storage prohibited. No person shall cause, maintain or permit any Open storage within the city of Hopkins for more than 72 hours, except that the storage of building materials and equipment, such as pipe, lumber, forms, metal parts, machinery and equipment is permitted at construction sites during the period of actual construction as evidenced by the records of the Inspections Department of the city of Hopkins. Subd. 3. Littering prohibited. No person shall: a) throw, allow or deposit any refuse in or upon any public place such as a street, sidewalk, park, or private premise, or any other place within the city except in public receptacles or other authorized waste disposal containers; b) place such refuse in any public or private receptacles in such a manner that in can readily be blown or scattered by the elements to any public or private property; c) sweep or allow the sweeping of any such refuse into any gutter, street or other public place from any building, lot, sidewalk or driveway; e) allow or permit, scatter, place or abandon any refuse upon any private property, whether occupied, controlled or owned by such person, or upon property of any other except that such matter may be deposited in authorized receptacles, as hereinabove provided; f) operate, drive or move any vehicle anywhere in the city from which the contents, load, debris, dirt, mud, refuse, is or is likely to be blown, dropped or otherwise deposited or scattered upon any public or private property; Ordinance No. 92-707 Page of 9 g) throw, deposit, post or leave any hand bill on a private or public property or place where signs indicate that no advertisements, trespassing, peddlers or agents are desired, except that such hand bills may be distributed to anyone willing to accept them; h) deposit, distribute or leave any hand bill, newspaper or other si~ilar media on or at any premisesl public or private, in such a manner as to allow such litter or material to be blown or scattered by the elements upon any street, sidewalk, alley or other public or private property. 605.06 685,:",804-. Subd. 1. Licensinq. No person, firm or corporation shall engage in the business of collecting or hauling garbage, refuse, recyclables, yard waste, brush or other refuse from sites in the city without first procuring a license to do so from the city, and paying the fee fixed by Chapter X. Subd. 2. Reportinq. Each hauler licensed under this ordinance, upon request by the city, shall provide the city information as to the number and identity of accounts serviced within the city, and the amounts of refuse and recyclables collected in accordance with procedures defined in the city's Legislative Policy. 605.07 685...85,:", Penalties. Subdivision 1. It is unlawful for any person to violate any provision or fail to comply with any order or regulation made in this section. Any such violation or failure shall constitute a misdemeanor and upon conviction thereof may be punished by a fine of not more than $700 and imprisonment for a term not to exceed 90 days, or both. Each act of a violation and every day on which a violation occurs or continues is a separate violation. Any penalty imposed for a violation of this section shall be remedied within a reasonable time. Each day that such violation is permitted to exist shall constitute a separate offense. The application of the above penalties will not prevent the enforced removal of the prohibited condition pursuant to the law or this code. (Amended, Ord. No. 98-6&5) Ordinance No. 92-707 Page of 10 Subd. 2. Effee~ive-~-~,--r~~ A violation of any provision of section 605.03 Subd. 2. shall result in a $25.00 penalty for each owner or occupant of a residential dwelling(s) and a $100.00 penalty for each owner or occupant of a multiple- family dwelling(s), commercial or institutional building(s). A violator shall be given a written warning for the initial violation. A penalty shall be imposed for each subsequent violation. Penalties that remain unpaid for more than 30 days shall be charged to the utility account of the violator. Any penalty that is placed on a utility account may be an assessment against the violator's property. Such amount shall be certified to the county auditor and collected in the same manner as taxes and/or special assessments against the premises and may be subject to a civil action initiated by the City. Th~ fifth and each succeeding violation of sections 605.02 Subd. 3. of this Article shall be a misdemeanor. Each day during which the violation continues shall constitute a separate offense. (Added Ord. No. ge-685) First Reading: , 19 - Second Reading: , 19 - Date of Publication: , 19 - Date Ordinance Takes Effect: , 19 - Nelson w. Berg, Mayor ATTEST: James Genellie, city Clerk if ,