Loading...
HomeMy WebLinkAbout1044 - ADMIN Ordinance - City Council - 1968/10/28e Original ORDINANCE NO. 1044 AN ORDINANCE AMENDING SECTION 1:1050 THROUGH SECTION 1:1058 INCLUSIVE OF THE CITY OF ST. LOUIS PARK ORDINANCE CODE RELATING TO ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE AND REFUSE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 1:1050 through 1:1058 inclusive of the City of St. Louis Park Ordinance Code are hereby amended to read as follows: Section 1:1050. Short Title. This Ordinance shall be know and may be cited as the Garbage and Refuse Collection Ordinance of the City of St. Louis Park. Section 1:1051. Definitions. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the Suture, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Subd. 1. "Director of Public Works" or "Director" shall mean the Director of Public Works of the City of St. Louis Park. Subd. 2. "Garbage" shall mean animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. Subd. 3., "Garbage and Refuse Collection Contractor" shall mean any persontwith whom the City shall contract for collection of garbage and refuse in the City. Subd. 4. "Refuse" shall mean all wastes (except body wastes), including but not limited to rubbish, tin cans, paper, Christmas trees, cardboard, grass clippings, ashes, glass jars and bottles, and wood normally resulting from the operation of a household or business establishment, but not including garbage, sod, dirt, rocks, construction material, cement, trees, leaves, hedge or tree trimmings, or any- thing one man could not lift easily. Subd. 5. "Commercial Establishment" shall mean any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of non- profit organizations where food is prepared or served or goods are s old. Subd. 6. "Incinerator" shall mean any device used for the de- struction of refuse, rubbish, or waste materials by fire. Subd. 7. "Licensed Private Garbage and Refuse Collector" shall mean any person holding a valid license from the City for the collection of garbage and refuse. Subd. 8. "Residential Dwelling Unit" shall mean any single building consisting of four or less separate dwelling places with individual kitchen facilities for each. Section 1:1052. Collection of Garbage and Refuse Within the City. Except as otherwise herein authorized by the City all garbage and refuse accumulated at any residential dwelling unit in the City shall be collected, conveyed, and disposed of by the City. No person shall collect, convey over any of the streets or alleys of the City, or dispose of any garbage or refuse accumulated in the City, except the duly authorized City Garbage and Refuse Collection Contractor or a duly licensed Private Garbage and Refuse Collector. This Ordinance shall not prohibit the disposal of garbage by any device. which grinds and deposits the garbage in a sewer. The Garbage and Refuse Collection Contractor and his employees shall have the right to enter. upon private property at all reasonable hours of the day for the purpose of collecting garbage and refuse. This Ordinance shall not prohibit the actual producers of garbage and refuse, or the owners of premises upon which garbage or refuse has accumulated from. personally, or by contract, providing for the collection, conveyance, and disposal of such garbage or refuoe by Private Garbage and Refuse Collectors in accordance with the provisions of this Ordinance and with any other applicable law or ordinances. This Ordinance shall not prohibit collectors of refuse from outside of the City from hauling such refuse over City streets, provided such collectors comply with the provisions of this Ordinance and with any other applicable laws or ordinances of the City of St. Louis Park. Section 1:1053. Collection Supervised by Director of Public Wo=ks. AU garbage and refuse collected, conveyed, and disposed of by the City shall be under the supervision of the Director of Public Wnrks. The City Manager shall have the authority to make regulations con- cerning the days of collection, type and location of waste containers. and such other matters pertaining to the collection, conveyance, and disposal as he shall find necessary, and to change and modify the -2- same, in accordance with the provisions hereof and contract between the City and its Garbage and Refuse Collection Con- tractor. Any person aggrieved by a regulation of, or fee charged by the City Manager shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation or fee. Section 1:1054. Precollection Practices. Subd. 1. Preparation of Garbage and Refuse. All garbage and refuse as accumulated on any premises shall be placed and main- tained in containers and shall have drained from it all free liquids before being deposited for collection and shall be wrapped. Refuse may be deposited for collection by the City in containers provided for the accumulation of garbage to be collected by the City. No explosive or highly inflammable material shall be so deposited. Such material shall be disposed of as directed by the Fire Chief at the expense of the owner or possessor thereof. Subd. 2. Contagious Disease Refuse. Refuse such as, but not limited to bedding, wearing apparel, or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as directed by the Health Department at the expense of the owner or possessor thereof. Subd. 3. Duty to Provide and Maintain Containers in Sanitary Condition. Garbage and refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises located in such a manner so as to prevent them from being overturned. Such con. tainers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No garbage or refuse container shall exceed 30 gallons in capacity or have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice. The Director shall have the authority to refuse collection services for failure to comply herewith. Subd. 4. Garbage Containers. Garbage containers shall be made of metal, or other suitable material which is rodent, fire, and water- proof and which will not easily corrode and is equipped with suitable handles and tight fitting covers and shall be kept tightly covered when there is garbage therein. Subd. 5. Refuse Containers. Refuse containers shall be of a kind suitable for collection purposes, and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein. -3- Subd. 6. Points of Collection. Garbage and Refuse containers shall be placed for collection in one place at ground level on the property, not within the right-of-way of a street or alley, and as remote as possible from any surrounding dwellings, and accessible to the street or alley from which collection is made. All containers which contain grass clippings must be placed on the abutting alley if there be one, or upon the boulevard area of the street for collection by the City. Section 1:1055. Collection Practices. Subd. 1. Frequency of Collection. Garbage and Refuse accumulated at residential properties shall be collected at least once a week. Garbage and Refuse accumulated at stores, restaurants, other bus- inesses, and institutions shall be collected no less than once each week and as often as once each business day if necessary to protect the public health. Subd. 2. Collection by Actual Producers and Outside Collectors. The actual producers of refuse, or the owners of premises upon which refuse is accumulated, who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not collected by the City, and private collectors of refuse and garbage from outside of the City who desire to haul over the streets of the City, shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped, or spilled from the vehicle. Such receptacles on vehicles shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect garbage and refuse. The collector shall comply with ordinances of the City and laws or regulations of the State of Minnesota relating to sanitation and collection of garbage and refuse. The Collector shall keep all equipment used in the performance of the work in a clean, sanitary condition and shall thoroughly dis- infect each vehicle at least once a week unless the same has not been used since the last disinfection thereof. Subd. 3. Refuse Property of City. Ownership of garbage and refuse material set out for collection and collected by the City shall be vested in the City. Section 1:1056. Fees. The fees for collection and disposal of garbage and refuse placed for collection shall be as follows: Subd. 1. Rates. The City Council will determine the annual cost of garbage and refuse collection per family dwelling unit each year on or about September 1st and will by resolution determine the charge for the 12 months preceding September 1st. -4- Subd. 2. Due Date. All fees for collection and disposal of garbage and refuse by the City from dwellings shall be due September first of each year for the preceding twelve (12) month period. Subd. 3. Delinquent Accounts. All City accounts shall be considered delinquent if not paid by fifteen days after the due date. Subd. 4. Assessment. All delinquent City accounts shall be certified by the Director of Finance to the City Assessor who shall prepare an assessment roll each year on or before October fifth providing for assessment of the delinquent amounts against the respective properties served, which assessment roll shall be delivered to the City Council for adoption on or before October tenth of each year. Section 1:1057. Disposal. Subd. 1. Private Incineration. No garbage or ref use from any com- mercial or residential establishment shall be disposed of by burning except in an incinerator of an approved type as specified in Ordinance", of the City of St. Louis Park. Subd. 2. Dumping. No garbage or refuse shall be disposed of by dumping or disposal thereof at or on any place within the City. Subd. 3. Scattering of Garbage or Refuse. No person shall cast, spill, place, sweep, or deposit anywhere within the City any garbage or refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place, or into any other premises within the City. Section 1:1058. Penalty. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 or be imprisoned for not to exceed 90 days. Section 2. This ordinance shall take effect January 1, 1969. Adopted by the City Council, October 28, 1 Attest: "'City Clerk Reviewed for administration: Approved as to form and legality: C ty Attorney -5- tt SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si LOUISPARKSUN 6601 W. 78th St. State of Minnesota } C of Hennepin SS. County ennep n Bloomington, Minnesota W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not ,wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated m and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to itiurrve the City of St. Louis Park in the County of Hennepin and it has its known office of ue in the City of Bloomington in said county, established and open during its regular business s for the gathering of news, sale of advertisements and sale of subscriptions and main- ined by the managing officer or persons In its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit In the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper 1s a legal newspaper He further states on oath that the printed ORDINANCE NO . 1044 hereto attached as a part hereof was cut from the columns of said newspaper. and was printed and published therein m the English language, once each week, for successive weeks: that it was first so published on T'tiur8.the 31 day of Thure . and was thereafter printed and published on every Oct. 19 68 to and including i Thurs . the 31 day of Oli t • 19 68 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz '7 Subscribed and sworn -to before me this (Notarial Seal) `hirci— ars amuelson, Notary Public, Ramsey County, Minn. day of 4 -My Commission Expires November 8, 1971 .%<a7=-- 19 (Official Publication) ORDINANCE NO 1044 AN ORDINANCE AMENDING SECTION 1:1050 THROUGH SECTION 1.1058 INCLUSIVE OF THE CITY OF ST. LOUIS PARK ORDINANCE CODE RELATING TO ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE AND REFUSE THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 Section ,1 1050 through 1 1058 inclusive of the City of St Louts Park Ordinance Code ire hereby amended to read as follows Section 1:1050. Short Title This Ordinance shall be known and may be cited as the Gar- bage and Refuse Collection Or- dinance of the City of St Louts Park Section 1:1051. Definitions For the purpose of this Ordinance < the following terms, phrases, words, and their derivations shall have the meaning given herein When not inconsistent with the context. words used in the present tense include the future, words in the plural number,include include ..the singular number, a ords'in the sin- gular number include the plural number The word "shall" is always mandatory and not merely directory Subd 1 "Director of Public Works" or "Director" shall mean the Director of P u b llc Works of the City of St Louis -Park. Subd 2,."Garbage" shall mean 'anginal and vegetable wastes resulting from the handling. I preparation, cooking, and con- ' sumption of food Subd 3 "Garbage and Refuse I Collection Contractor" s h a 1 1 mean any person with whom i _ the City shall contract for reel- , lection of garbage and refuse In the City Subd 4 "Refuse" shall mean all wastes (except body wastes), including ,but n o t limited to rubbish, tin cans, Paper. Christmas trees, card- board, grass clippings, ashes, glass jars and bottles, a n d wood normally resulting from the operation of. a household or business establishment, but not including garbage, sod, dirt, rocks, construction material, cement, trees. leaves, hedge or tree trimmings, or anything one man could not lift easily Subd 5 "Commercial Estab- lishment" s h a l l mean any premises wher , a commercial or industrial e terprlse of any kind is carries on, and shall include clubs, lurches and es- tablishments / i non-profit or- ganizations ti (re food is pre. pared or serled or goods are sold Subd 6 "Incinerator" shall mean, any device used for' the destruction of refuse, rubbish, or waste materials by fire Subd. 7 'Licensed Pr i v a to Garbage and Refuse Collector" shall mean any person holding a valid license from the City for the collection of garbage I and refuse Subd 8 Residential Dwelling Unit" shall mean any single building consisting of four or less with individual kirate tchen pfactl hies for each d Section, 1.1052. Collection of Garbage and Refuse Within the City. Except as otherwise here- in authorized by the City all garbage and refuse , accumu- ated atny residential dwell- ing unit in the City shall be collected, conveyed, and dis- posed of by the City No person shall collect, convey over any of the streets or alleys of the City, or dispose of any gar- bage or refuse accumulated in the City, except the duly au- thorized City Garbage and Ref- use Collection Contractor or a duly licensed Private Garbage and Refuse Collector This Or- dinance shall not prohibit the disposal of garbage by a n h posits the grinds and ee ' sewer The Garbager and Ree in fuse Col- lection Contractor and his em. ployees shall have the right to enter upon private property at all reasonable hours of the day for the purpose of collecting garbage and refuse T lz secgon :xis;, '.;ollectiot Su- pervised by Director of Public Works All garbage and refuse collected, conveyed, and dis- posed of by the City shall be under the supervision of the Director of Public Works The City Manager shall have the authority to make regulations concerning the days of collec- tion, type and location of waste containers, and such other mat- ters pertaining to the collection, conveyance, and disposal al, he shall find necessary, and to change and modify the same, in accordance with the pro- visions hereof and contract be- tween the City and its Garbage and Refuse Collection Contrac- tor Any person aggrieved by a regulation of, or fee charged by the City Manager shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation or fee Section 1.1054 Precoilectfon Practices. Subd 1 Preparation of Gar- bage and Refuse All garbage and refuse as accumulated on any premises shall be placed and maintained in containers and shall have drained from it all free liquids before being de- posited for collection and shall be wrapped Refuse may be de- posited for collection by the City in containers provided for the accumulation of garbage to be collected by the City No explosive or highly inflam• mable material shall be so de- posited Such material shall be disposed of as directed by the Fire Chief at the expense of the owner or possessor thereof Siibd 2 Contagious Disease Refuse. Refuse such as, but not limited to bedding, wearing ap- parel, or utensils from residen- tial dwelling units or other units where highly infectious or contagious diseases are pres- ent shall not be deposited for regular collection but shall be disposed of as directed by the Health Department at the ex- pense of the owtier or posses- sor thereof Subd 3 Duty to Provide and Maintain Containers in Sani- tary Condition Garbage and refuse containers shall be pro• vided by the owner, tenant, les- see, or occupant of the prem- ises located in such a manner. so as to prevent them from being overturned Such con - tamers shall be kept in a clean and sanitary condition and kept free from any substance wiich will attract or breed flies, mos- quitoes, or other insects No garbage or refuse container shall exceed 30 gallons in ca- pacity or have ragged or sharp edges or any other defect li- able to hamper or injure the person collecting the contents thereof Containers not comply- ing omplying with the reuqirements of this ordinance shall be prompt- ly replaced upon notice The Director shall have the author- ity to refuse collection services for failure to comply herewith Subd 4 Garbage Containers Garbage containers shall be made of metal, or other suit- able material which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tight fitting covers and shall be kept tightly covered when there is garbage therein Subd 5 Ref use Containers Refuse containers shall be of a kind suitable for collection purposes, and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein Subd 6 Points of Collection Garbage and Refuse containers shall be placed for collection in one place at ground level on the property, not within the right-of-way of a street or al- ley, and as remote as possible from any surrounding dwell- ings, and accessible to they street or alley from which col- lection is made All containers which contain grass clippings must be placed on the abutting alley if there be one, or upon the boulevard area of the street for collection by the Cit' Section 1:1055 Collection Prac- tices. _ Jo saaueulplo n.to is Jo a11J syn e Zaino .fue tam pue aaueu d !yl Jo suo s OW IP Sldutoa saolaa 1 iaoy nsap14 ep s nuiiney tuo A•to alp jo •los 1 uiorj asnjaa Ana s.iofaao -JO mytiosd sou Reys earmuff) ar-vp,, . saoueul940 so MIP Subd 1 Frequency of Collec- tion Garbage and Refuse ac- cumulated at residential Prop- erties shall be collected at least once a week Garbage and Ref- use accumulated at stores, res- taurants, other businesses, and institutions shall be collected no less than once each week and as often as once each business day if necessary to protect the public health Subd 2 Collection by Actual Producers and Outside Collec- tors The actual producers of refuse, or the owners of prem. ises upon which refuse is ac- cumulated, who desire person- ally to collect and dispose of such refuse, persons who de- sire to dispose of waste ma- terial not collected by the City, and private collectors of refuse and garbage from outside of the City who desire to haul over the streets of the City, shall use a vehicle provided with a tight cover and so op. erated and maintained as to prevent offensive odors escap- ing therefrom, and refuse from being blown, dropped, or spill- ed from the vehicle Such receptacles on vehicles s h a 11 be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect garbage and refuse The collector shall comply with ordinances of the City and laws or regulations of the State of Minnesota re. lating to sanitation and collec- tion of garbage and refuse The Collector shall keep a I 1 equipment used in the perform- ance of the work in a clean, sanitary condition and shall thoroughly disinfect each ve. hicle at least once a week un- less the same has not been used since the last disinfection thereof Subd 3 Refuse Property of City Ownership of garbage and refuse material set out for collection and collected by the Sectionall be l 1056.vested es n the The Cfees for collection and disposal of garbage and refuse placed for collection shall be as follows Subd 1 Rates The City Coun- cll will determine the annual cost of garbage and refuse col- lection per family dwelling unit each year on or about Septem- ber 1st and will by resolution determine the charge for the 12 months preceding Septem- ber 1st Subd 2 Due Date All fees for collection and disposal of garbfrom dwellinand gs use bshall be due September first of each year for the preceding twelve (12) month period Subd 3 Delinquent Accounts. 36a• All City acco, s shall be con- sidered delinc, 31nt if riot paid by fifteen day after the due date Subd 4 Assement All de- linquent City accounts shall be certified by the Director of Fi- nance to the City Assessor who shall prepare an assess• ment roll each year on or be- fore October fifth providing for assessment of the delinquent amounts against the respective properties served, which assess- ment roll shall be delivered to the City Council for adoption on or before October tenth of each year Section 1:1057 Disposal Subd 1 Private Incineration No garbage or refuse from anv commercial or residential es• tablishment shall be disposed of by burning except in an in- cinerator of an approved type as specified in Ordinance of the City of St Louis Park Subd 2 Dumping No garbage or refuse shall be disposed of by dumping or disposal thereof at or on any place within the City Subd 3 Scattering of Garbage or Refuse No person shall cast, spill, place sweep, or de. posit anywhere within the City any garbage or refuse in such a manner that it may be car- ried or deposited by the ele- ments upon any street, side- walk, alley, sewer, parkway, or other public place, or into any other premises within She City Section 1 1058 Penalty A n y person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100 00 or be im- priss ned for not to exceed 90 Section 2 This ordinance shall take effect January 1, 1969 Adopted by the City Council Oc. tober 28, 1968 (s) LEONARD J THIEL, Attest Mayor (s) EARL E HANSON, City Clerk Approved as to form and legality (s) H H BURRY, itdewed for administration Attorney "HRIS CHERCHE" laager 'Oct 31, lg •_ r _I f ORDINANCE NO. 1044 • -f • • r•r r,' Entitled: AN ORDINANCE AMENDING SECTION 1:.050 THROUGH SECTION 1:1058 INCLUSIVE OF THE CITY OF ST. LOUIS PARK ORDINANCE CODE RELATING TO ESTABLISHING A MUNICIPAL SERVICE FOR THE ---- COLLECTION- AND. -DISP0S "OF --ALL "GATE130,E AND REFUSE t"oc ur-'d by Date :'0 11ng—Ja to 10/21/68 Waived :1 c%-ci e ::1 g-f,Kte 10/28/68r;7aived- Vot, : Aye IT r Dc to 10/31/68 .:'Jfective Date 11/15/68 reference fi • i • L_ 0 File No. _ Affidavit of Publication ST.LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of