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Home My WebLink About1396 - ADMIN Ordinance - City Council - 1977/12/191 December 19, 1977 8d ORDINANCE NO. 1396 AN ORDINANCE RELATING TO OUTDOOR CONTAINERS OR DEVICES FOR COLLECTION AND STORAGE OF RECYCLABLE MATERIALS, DEFINING RECYCLING COLLECTION CONTAINER, REGULATING THE LOCATION, SIZE AND MAINTENANCE, PROVIDING FOR INSPECTIONS AND A LICENSE FEE; AMENDING THE ST. LOUIS PARK ORDINANCE BY ADDING SECTIONS 13-1030 THROUGH 13-1037 AND AMENDING SECTION 13-119. THE CITY COUNCIL OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Chapter 13 is amended by changing Section 13-119 as follows: Section 13-119. Insurance Required. Applicants for the licenses or permits listed in this section shall maintain in effect the type of insurance indicated. License or Permit Benches Building Movers Carnivals Children's Amusement Devices Curb, Sidewalk Contractor Excavations and Open Pits Excavations and Pile -Driving Excavations in Public Places Explosives Garbage Haulers Gas Equipment Installers Intoxicating Liquor Newspaper Vending Machines Plumbers Taxicabs Theaters Towing Contractors Tree Removal/Treatment Recycling Collection Container Type of Policy General Liability General Liability General Liability General Liability General Liability, including products and completed operation General Liability General Liability General Liability General Liability Automobile Liability General Liability, including products and completed operations Dram Shop Liability General Liability General Liability Automobile Liability General Liability Automobile Liability General Liability and automobile liability General Liability On all required liability insurance, except liquor licenses, the City shall be named as an additional insured in the policy. The policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written notice to the City Clerk, and if such insurance is terminated and the applicant shall fail to replace the same with another policy conforming to the requirements of this section, the license shall be automatically suspended until the in- surance has been replaced. Section 2. The St. Louis Park Ordinance Code, Chapter 13 is amended by adding Sections 13-1030 through 13-1037 as follows: Section 13-1030. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance and the follow- ing words and terms wherever they occur in this ordinance are defined as follows: (1) Accessory Use shall mean a use or structure subordinate to the principal use or structure on the same land and custom- arily incidental thereto. (2) Recycling Collection Container shall mean a device or container used or intended for collection and storage of recyclable materials including but not limited to paper, metal, glass, clothing, plastic and appliances; when such device is maintained outside of a building on any site for more than seven consecutive days. The term container as used hereinafter shall mean recycling collection container. (3) Person shall mean any individual, natural person, firm, association, organization, partnership, business institution agency, or any Federal or State or local government agency of instrumentality or other entity recognized by law, as the subject of rights and duties, and shall include employees, licensees, tenants, leasees, managers, operators and users of recycling collection containers. Section 13-1031. Container Construction Requirements. Any container must be constructed of metal and be painted to protect it from oxidation. No container shall exceed 300 cubic feet capacity. All access doors shall be self-closing. Section 13-1032. Container Location. (1) No container shall be located in a required setback area or in a required off street parking area or required loading area. (2) No container shall be located in any public right-of-way or on any public street or alley. (3) Any container must be an accessory use to a principal land use operating on the site. (4) Any container shall be placed upon an asphalt or concrete surface. Such surface must be properly drained to the public storm sewer system. (5) There shall be not more than two containers at a site. (6) No person shall locate a container within St. Louis Park without first receiving approval on the site location from the Director of Inspectional Services. The Director shall consider the compatability with adjacent property, distance to combustible material, frequency of pickup, and the requirements of this ordinance in his review. Section 13-1033. Signage. (1) A container may be permitted a total of not more than six square feet of sign area on the container. Such sign area shall not be considered as part of the permitted sign area for the site. (2) The name and address and phone number of the owner of the container shall be prominently displayed on each container. Such information shall be considered as part of the per- mitted six square feet of sign area. (3) The message "Deposit Only Recyclable Material in Container" or similar phrase shall be prominently displayed on the exterior of all containers. Section 13-1034. Maintenance of the Container and Site. (1) The container shall be kept painted and maintained in a clean and safe manner. (2) No person shall permit recyclable material or refuse to be deposited or maintained on the outside of any container. (3) The site shall be kept clean and free of litter. (4) The property owner, licensee, occupant of the principal use, owner of the container, and user shall be respon- sible for maintenance of the container and site. Section 13-1035. Inspections. The City of St. Louis Park shall inspect all containers as often as deemed necessary to enforce the provisions of this ordinance. Section 13-1036. License Required. (1) No person shall own, operate, maintain, lease, be responsible for or locate within St. Louis Park any container as defined in this ordinance unless a license therefore, issued pursuant to this ordinance shall have been obtained from the City Manager. 1 Section 13-1037. License Fees and Exemption. (1) The annual license fee for each recyclable collection container shall be $10. (2) Any recyclable collection container owned and operated by a non-profit or charitable organization shall be exempt from the license fee but must obtain a license and comply with all other sections of this ordinance. Section 3. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by imprisonment for a period not to exceed 90 days or both. Section 4. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council Dec:mber 19, 1977. A ttest: d41....t/ City Clerk iewe Mayo for administration: Approved as to form and legality: 2 Ci y Manager City Attorney aCE SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SON 6601 W. 78th St. Bloomington, Minnesota State of Minnesota l > ss. County of Hennepin J R RITCHAY, 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 at 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 in 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 serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the- day or dates of publication mentioned below (9) 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 managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinan'c'e No • 1396 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks, that it was first so published on filed the 28 day of December , 19 77 and was thereafter printed and published on every to and including the day of , 19 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 abcdefghi)kimnopgrstuvwxyz • Subscribed and sworn to before me this 28 day of December , 19_2I CAROLYN WHITE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My Commission Expires Aug 18, 1934 (Official Publication) - ' ORDINANCE NO 1396 AN ORDINANCE RELATING TO,''" OUTDOOR CONTAINERS OR DE- VICES FOR COLLECTION, AND STORAGE OF\ RECYCLABLE M41 ERIALS. DEFINING RECYCL- ING COLLECTION CONTAINER REGULATING THE LOCATION, SIZE AND MAINTENANCE. PRO- ViDING FOR INSPECTIONS AND A LICENSE FEE, AMENDING THE ST. LOUIS PARK ORDINANCE BY ADDING SECTIONS 13-1030 THROUGH 13-1037 AND AMENDING SECTION 13-119 THE CITY COUNCIL OF ST LOUIS PARK DOES ORDAIN Section 1 The St Lou(s Park Ordi- nance Code Chapter 13 is amended by changing Section 13-119 as follows Section 13-119 Insurance Required ' Applicants for the licenses or permits listed in this section shall maintain in • effect the type of insurance indicated License or Permit Typ of Policy Benches — General Liability Building Movers — General Liability Carnivals — General Liability • Children's amusement Devices !— General Liability Curb'' Sid en alk Contractor -, General Liability mcluding,products and cornpleted,eperatlon ' Excavations andA Open Qitl — Gen- eral Liability n , Excavations and Pile -Driving — General Liability Excavations in Public Places —7Gen- eral Liability Explosives — General Lability Garbage Haulers --Automobile-Lia- bility Gas Eggu' p1 ent Installers —General , Ciebilitq including products and c,omplgted operations Intoxi(eting Liquor — Dram Shop New riper Vending Machines — General Liability Plumbers — General Liability Taxicabs — Automobile Liability TheAt = General Liability Towp Contractors — Automobile I dity Tree Removal/Treatment — General (Liability and Automobile liability Recycling Collection Container -- • General Liability - • On -all -required liability insurance excdpt liquor licenses the City shall j be names' as an additional insured in; the policy The policy 'shall provide that' the coverage may not be termi- ' nated by,the insurer except upon ten days' written notice to the City Clerk and, if such insurance is jerminat((d and'(he applicant shall fail to replace - the same with another. policy -con- forr ung,to the requirements gf:this '. section the license shal1'tie atftomati- cally suspended until the insurance has been replaced Section 2 The St Louis Park4)rdi- nance Code Chapter 134S amended by adding'Seetione 13-1030 trough 13-1037 as follows ' • Section 13-1030 Definitions h fol - (lowing definite ns alga thew `interprelaisordlioninance and a ,frthfor%,cfied►meNf• Th� ��i¢g 1,(vords and terms w Greyer Ihit('iir - Ain this ordinance are defined 1y4 i lows` j 11) Accessory t$e shall moan "use orstructuresubordinateto(hey principal use•or strt'cture rrn�Me t f (•,x s e and customarily, fuel- ` dental 1 ereto 2) Recycling Collection Con- ' tamer shall meanadevireW(,,rci/n- - �„ n Tusedor intended for Sntlee-, tion and storage of recyclable' materials including but not h- i li.,,mited - to paper metal glass do- thing`,plastic and appliance's, when such device is maintained - ,ouiside-bf a building on any site dor more than seven consecutive days The term container as used :hereinafter shall mean recycling collection container 13) Person shall mean any indo- . vidual natural person firm as- `.sociaiIon- organization parfncr- ship business institution agency dr any Federal or State or local government agency of rnstru- mentality.or othei entity rccog-' - "mzed by las as the subject of - rights and duties 'and shall in elude employees 'licensess ten- ants leasees managers operators and users of recycling collection containers 'Section 13-1031 l,ontainer (on- slruction Requirements An) con= '� lamer must be constructed of metal and be painted to protect it from oxi- dation No container shall exceed 300 cubic feel capactfy All access doors shall be self-closing Section 13-1032 Container Localron "t I I No container shall be located in a required setback area or in a required off street parking area . or required loading area (,2) No container shall be located in any public right-of-way or on any public street or alley ,131 Any container must be an ac- cessory use to a principal land use operating on the site (4) Any container shall be -placed upon an asphalt of concrete sur- , face Such surface must be prop- erly drained to the public storm ' Sewer system (15) There shall be not more'ttfan lien containers at a site (61 No person shall locate a con- ;,tainer within Si Louis Park with - ,,out first receiving approval on the site location from the Direc- tor of Inspectional Services The Director shall consider the cam- Section 13 103' Signage 11) A container may be permitted a total of not more than six square feet of sign area on the container 'Such sign area shall not be considered as part of the permitted sign area for the site (2) The name and address and phone number of the owner of the container shall be prominently displayed on each container Such information shall be consi- dered as part of the permitted six square feet of sign area (3) The message Deposit Only Recyclable Material in Con- lainel- or similar phrase shall be prominently displayed on the ex- terior of all containers Section 13-1034 Maintenance of the Container and Site (1) The container shall be kept painted and maintained in a clean and safe manner 12) No person shall permit re- cyclable material orrefusc to be. deposited or maintained on the outside of any container (3) The site shall be kept clean and free of jitter (4) The property owner licensee occupant of the principal use owner of the container and user shall be responsible for mainlc nance of the container and site Section 13-1035 Inspections The City of St Louis Park shall inspect all containers as often as deemed neces- sary to enforce the provisions of this ordinance Section 13-1036 License Required (1) No person shall`own operate maintain lease be responsible for or locate within SI Lows Park any container-as defined in this ordinance unless a license there- fore issued pursuant to This ordi- nance shall have been obtained fron the City Manager Section 13-1037 License Fees and Exemption (1) The annual license fee for each recyclable collet°tion con- tamer shall be $10 (2) Any recyclable eollection ci5n- lainer owned and operated by a non-profit or charitable organiza- .- lion shall be exempt from the license fee but must obtain a license and comply with all other sections of this ordinance Section 3 Penalty Any person vw- lating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by im- prisonment for a period not to exceed 90 days or both Section 4 Effective Date This or- dinance shall take effect 15 days after , its publication Adopted by the City Council De- cember 19 1977 (s)IRVING M STERN Mayor Attest Is)EARL E HANSON City Clerk Approved as to form and legality (s)WAYNE G POPHAM City Attorney Reviewed for adminisl rat ion (s)JOHN W ELWE.LL City Manager (Dec 28 19771—SLP-GV File No Affidavit of Publication ST. LOUISPARK,, UN St. Louis Park, Minnesota In The Matter Of 4 •