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Home My WebLink About1576 - ADMIN Ordinance - City Council - 1982/10/18ORDINANCE NO. 1576 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO THE COLLECTION OF RECYCLABLE MATERIALS AND PROHIBITING UNAUTHORIZED COLLECTION, ADDING SECTION 9-309 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The City of St. Louis Park Code shall be amended to add a new Section 9 -309 -to read as follows: Section 9-309. Recyclable Materials. (1) Purpose. This section is designed to prevent unauthorized collections of recyclable materials which are set out by City residents as part of a designated recycling program. Un- authorized collection -or "scavenging" may reduce the volumes of materials collected as part of a designated program and thereby threaten the economic viability of the authorized program. Scavenging -may also cause confusion among partici- pating residents and thereby disrupt the publicity and educational processes of an authorized program. This section is also designed to insure that a designated recycling program will be implemented in an orderly fashion to avoid adverse effects on the public health, welfare, safety -and environment. (2) Definitions. "Recyclable materials" is defined to mean 611 items of refuse designated by the City Manager to be part of an authorized recycling program and which are intended for transportation, -processing, and remanufacturing or reuse. "Authorized or designated recycling program" is defined to mean a program for the -collection and recycling of recyclable materials which is instituted, sponsored and controlled by the City of St. Louis.Park. (3) Designation of Items. The City Manager shall prepare a list of refuse items designated -to be part of an -authorized recycling program. Such items must be ones which -are generally accepted by the recycling industry for remanufacture and reuse, which can be cleaned, -prepared, and stored in a manner to protect the public health, welfare, safety or environment, and which can be collected and recycled without threatening the economic viability of an authorized re- cycling program. Three copies -of this list shall be filed with the City Clerk after two weeks published notice in the official newspaper. The City Manager may modify the items on this list as circumstances warrant by following the procedure specified for the original designation. (4) Implementation. All recyclable materials intended and set out at designated collection points for authorized recycling programs shall be cleaned, prepared and stored in accordance with City specifications. Failure to do so may void the opportunity to participate in an authorized program and shall constitute a public nuisance where such failure causes a threat to the public health, welfare, safety or environment or results in an unorderly and unsightly collection or refuse visible to the public. (5) Ownership. Ownership of recyclable materials remains with the person or household from which the materials originated until collected by designated collection programs. Upon removal by the City or its designated agents or contractors from a designated collection point, ownership of properly prepared and stored recyclable materials intended for a City authorized collection program shall be vested in the City of St. Louis Park. Materials not prepared, cleaned or stored according to City specifications shall remain the responsibility and property of the individuals or household from which the materials originated. Nothing in this ordinance shall abridge the right of any individual or household to give or sell their recyclable materials to any recyclable materials program. (6) Unauthorized Collection. No person other than one expressly authorized by the City Council shall take or collect recyclable material set out for authorized collection programs within the City. Section 2. 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 $500.00 or by imprisonment for not to exceed 90 days, or both. Section 3. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council October 18, 1982. /4!-(° Attest: Reviewed for Administration: Mayor Approved as to Form and Legality: fdl--)/ City Attorney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN (011ic181 Publication) ORDINANCE NO. 1576 AN ORDINANCE AMENDING THE ST LOUIS PARK CITY CODE TO PROHIBIT THE UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS, ADDING SECTION 9-309 Summary This ordinance is de- signed to prevent the unauthorized collecUon, scavenging and theft of designated recyclable refuse materi- als In conjunction with the City's recycling program It specifies a pen- alty of 1500 and/or 00 days imprison- ment for violation of the ordinance Effective date This ordinance shall take effect 15 days after its publicaUon Adopted'by the City Council Octo- ber 16, 1982 '. (s) PHYLLIS McQUAID Mayor (The full text of this ordinance is available for inspection with the city clerk) (Oct 27, 1982) -SLP 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know 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 every 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 advertisement (4) Said newspaper is circulated in and near the municipalities 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 Hopkins 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 regula. 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 and 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 Ordinance No . 1576 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 successive weeks, that it was first so published on Wed the 27 day of October 19 82 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)klmnopgrstu vwxyz Subscribed and sworn to before me this 27 day of October 19 82 I' .;t MERIDEL M. HEDBLOM NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986