1992-707
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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 That section 605.00 through 605.05 be repealed in its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 6-f"3::B:s~4.e-'f:"O"i-i-etrt-~~-eont-a-i-nei:"-,-~i:dea.
eY-1:.fie-e-t.-y-;- a container made of metal, or other weather tight,
rodent proof material with a tight fitting cover of a size and
capaci ty which is compatible with the City I S refuse collection
service as defined in the Legislative POlicy. :El:i3:3:y-~-omftt.-eEl
~~l:iekS-efi6-~~~~~ (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)
Subd. 5. "Basic Service"
Recycling Service provided by
contractor.
means the
the city
weekly
or city
Refuse and
authorized
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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. ~..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. 3:9..11. "Construction Debris" means waste building
materials, packaging, and/or rubble resulting from construction,
remodeling, repair and demolition of buildings and roads.
Subd. 3:3:..12. "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:~..13. "Garbage" means all putrescible animal or
vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Subd. 3:3..14.
producing waste.
"Generation" means the act or process of
Subd. 3:4..15.
waste.
"Generator" means any person who generates
Subd. 3:5..16. "Hauler" means a collector or transporter of
mixed municipal solid waste, recyclable materials, and/or yard
waste.
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Subd. 3:6..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, poi~ons, irritants and corrosives.
Subd. 3:~..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 agricultural wastes, tires, lead acid
batteries, used oil and other materials collected, processed and
disposed of as separate waste streams.
Subd. ~9..21. "MUltiple-Family Dwelling" 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 wh'ich 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. ~~..23. "Private Premise" means any property, real or
personal, owned or under the control of any person.
Subd. ~3..24. "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. r~..25. "Public Place" means any location owned or
controlled by any governmental unit or subdivision.
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Subd. ~5..26. "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..27. "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. 7}~..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..2 9. "Residential Dwelling" means siIlgle .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. 39..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. 37}-:-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)
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Subd. 35..36. "Waste Facility" means any resource recovery
facility or related transfer station or similar facility to which
waste is required to be delivered.
Subd. 36..37. "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 Ci.ty shall have
the authority to require that all owner(s) or occupants(s) of any
properties; including residential dwelling(s), 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: w:i:~ft:i:f\-~fie-€-i.:t::.y-~:ee-~-f"~-t~-~}-J:evr~
~Yf'es- -of--f"~~P-eY'- 'l:l:Ses--a-nd- -6~--sucb- -efta~ -- e-s-~:i:-nft:E-t~ - se-e
:Ee~~ft~
a) city Service Area. The City shall have the
exclusive authority to provide or contract to provide services
exe3:l:is:i:ve3:Y-~.{-efin-~-eefl':-e-~for the .collection and disposal
of all mixed municipal solid waste and to provide a separate
collection for recyclable materials within the City service Ar a.
charges for such services are established by council resolution.
It is mandatory that all properties within the City service Ar a,
hav basic service, and be charged accordingly per section
605.03, Subdivision 3. :E~em--~-i--~~~--~am~ry--dwe~~4.fi~57
al:i~3:exes7-~~-~~~~~--aftd-k~~~ ~ee6~ed--~--t.~-e~~y
wft:i:eft-sft63:3:-eef\s~:i:~l:i-ee--efte-e:i:-ey-Se~v:i:ee-A~e6..
b) Non-city Service Area. It shall be required that
the owner (s) or occupant (s) of multiple-family dwelling (s), 6f\6
commercial building(s), and institutional building(s) provid or
contraot to provide for l:is:i:f\~--~~~re-~~~~~~-~~
se~v:i:ee-may-~ the collection and disposal of mixed municipal
solid waste, and provide for the separate collection of
recyclable materials whioh 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 w:i:~ft the City.
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Ordinance No. 92-707
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605.03 Handlinq of Mixed MuniciDal Solid Waste.
Subd. 1.
695..97}----Sl:iee..-~.. 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
perein 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
695..9~--Sl:iee..-3.. Separation of Recyclable materials
a) It shall be the duty of every owner or occupant of
6 residential dwelling(s) having recyclable materials wpich
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. 99-685)
b) E:E :Eeei: :i:ve - -&alt~a~Y - -:r;- - -}.g.g..:t- - -f~ - +its...:t-i pi -e-t'-flin"i -i 'Y
ewe3:3::i:R~fst-afia-~~~4~~~~~~,--}.g.g..:t--~~-eemme~e~a~-el:i:i:3:e:i:R~s,
6Re-4.fis~i~\:i~iefia-i-~4-16-ifi~i-st It shall be the duty. of each owner
and occupant of multiple-family dwelling(s), commercial
building(s), and institutional buildinq(s), s6:i:e--~~1:.-ies
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.
99-685)
c) Yard Waste. It shall be the duty of persons within
the city Service Area to separate yard waste 6Re-e~l:iSft 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 6fte-~r\:isft 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)
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Ordinance No. 92-707
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d) Brush and Tree Waste. It shall be the duty of
every owner or occupant of residential dwelling (s), mul tiple-
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.
695..97}--Sl:iea..-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. Sl:iea..-4.. Charaes for Collection bY thecitv.
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
own r, 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 cancell d
through notification of the city's finance department. Terms of
which are governed by the rules, regulations and procedures
d signated by the city.
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Ordinance No. 92-707
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605.05
695..93 Prohibitions.
Subd. 1. Unauthorized dumpinq. 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 storaae prohibited. No person shall cause,
maintain or permit any Open storage wi thin 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. Litterinq 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 wi.thin 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;
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Ordinance No. 92-707
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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.
605.06
695.94. 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. ReDortinq. Each hauler licensed under this
ordinance, upon request by the city, shall provide ,the city
information as to the number and identity of accounts servic d
within the city and the amounts of refuse and recyclables
collected in accordance with procedures defined in the city's
Legislative policy.
605.07
695.95. 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
consti tute 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.
96-685)
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Subd. 2. E:E:Eee~:i:ve-~--i'7--:r9-9-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. 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. 99-685)
First Reading:
Second Reading:
March 17
, 19...2..6-
, 19 92
April 7:
Date of Publication:
, 19~
May 20
Date Ordinance Takes Effect:
ATTEST:
June 10