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1989-633 HENNEPIN COUNTY. "INNESOTA ORDINANCE NO. 89-633 AN ORDINANCE AttENDING SECTION 605 OF THE HOPKINS CITY CODE IN REGARD TO SOlID WASTE MNAGEt1ENT BE IT ORDAINED by the Council of the City of Hopkins as follows: Section 1. That Section 605.01 through 605.17 of the City code be repealed In its enirety and be replaced by the following: 605.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Authorized Conmerclal 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 Residential Waste Receptacle" means an authorized waste container used to store residential 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 residential 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 residential waste receptacle shall be a container made of metal or other weather tight, rodent proof material with a tight fitting lid. Subd. 5. "Brush" means tree limbs, 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 beings 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. Subd. 11. "Garbage" means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. 12. "Generation" means the act or process of producing waste. Subd. 13. "Generator" means any person who generates waste. Subd. 14. "Hauler" means a collector or transporter of mixed municipal solid waste, recyclable materials, and/or yard waste. Subd. 15. "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. 16. "Major Appliances" means large household appliances Including refrigerators, ~toves, dishwashers, washers and dryers, water heaters and other such large appliances. Subd. 17. "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. 18. "Multiple-Family Dwelling" means a residential structure with more than three (3) separate living units. Subd. 19. "Open Storage" means storage on any premises used or zoned for residential or business purposes whenever such stored personal property is not hidden from common view by a lawful fence, enclosure or structure. Subd. 20. "Private Premise" means any property, real or personal, owned or under the control of any person. Subd. 21. "Problem Materials" means hazardous wastes, white goods and oth r 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. 22. "Public Place" means any location owned or controlled by any governmental unit or subdivision. Subd. 23. "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. 24. "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. 25. "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. 26. "Residential Dwelling" means single family dwellings, duplexes, double bungalows and triplexes. Subd. 27. "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. 28. "Scavenging" means the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbside/alleyway recycling programs. Subd. 29. "Source Separation" means the separation of recyclable materials and yard waste from mixed municipal solid waste at the source of generation. Subd.30. "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. 31. "Waste Facility" means any resource recovery facility or related transfer station or similar facility to which waste is required to be delivered. Subd. 32. "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 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 h r Inafter set forth: a) City Service Area. The 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 conmercial buildings using single container or dumpster service may have the collection and disposal of mixed municipal solid waste performed by th City through a separate contract with the City; Subd. 2. Preparation of Mixed Municipal Solid Waste. a) Refuse. The owner or occupant of any residential dwelling or conmerclal 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. All other refuse shall likewise be properly disposed in authorized waste receptacles as determined by the rules, regulations and procedures adopted by the City Council in th Legislative Policy Manual. b) Recyclables. Persons within the City Service Area may separate recyclable materials from their mixed municipal solid waste for collection by a collector authorized by the City. Proper preparation of the recyclable materials will be determined by the rules, regulations and procedures adopted by the City Council in the Legislative Policy Manual. c) Yard Waste and Brush. Persons within the City Service Area may separate yard waste and brush from their mixed municipal solid waste for collection by the City. Proper preparation of the yard waste and brush will be determined by the rules, regulations and procedures adopted by the City Council in the Legislative Policy Manual. Subd. 3. Charaes 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. 4. 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 ColI ction of R cyclables. It shall be unlawful for any person who is not authorized by the City to take or collect or scavenge 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 dumpina. The dumping, depositing, placing or abandoning of any garbage or other refuse on private or public property Is prohibited. Subd. 2. Open storage prohibited. No person shall allow any open storage In the City for more than 72 hours, except that open storage of building material, such as pipe, lumber, forms, metal parts, machinery, equipment or other similar property is permitted at construction sites during the period of actual construction. 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; 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 mat rial to be blown or scattered by the elements upon any street, sidewalk, alley or other public or private property. 605.04. Licensina. 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. 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 s parate 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. First Reading: April 4 , 19~9 Second Reading: May 2 , 19~ Date of Publication: May 15 , 19-.Ji9 Date Ordinance Takes Effect: June 3 , 19~ ~~~fJc~' Mayor Attest: