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Home My WebLink About1857-91 - ADMIN Ordinance - City Council - 1991/06/03r 1 ORDINANCE N0. 1857-91 AN ORDINANCE AMENDING CHAPTER 3 OF THE ST. LOUIS PARK ORDINANCE CODE RELATED TO GARBAGE COLLECTION BY ADDING NEW SECTIONS 9-309.101 THROUGH 9-309.108 PROVIDING FOR MANDATORY SEPARATION AND STORAGE OF RECYCLABLE MATERIAL AT MULTIPLE FAMILY RESIDENTIAL STRUCTURES THE ST. LOUIS PARK CITY COUNCIL ORDAINS: Section 1: Under the authority of the St. Louis Park Ordinance Code, the St. Louis Park Ordinance Code is amended by adding new Sections 9-309.101 through 9-309.108 to read as follows: Section 9-309.101 Purpose. The purpose of this ordinance is to require mandatory separation of recyclables to aid and promote collection thereof and disposal by means other than deposit in a sanitary landfill or by incineration. Section 9-309.102 Definitions: Whenever used in this ordinance, the following words, terms, and phrases and their derivations, shall have the following meanings: "City" means the City of St. Louis Park. "County" means Hennepin County, Minnesota. "Multiple Family Residential Structure" means any residential building consisting of five (5) or more apartments, townhomes, or condominiums or other living units. "Recyclables" means newsprint, corrugated paper (cardboard), glass containers, aluminum foil and cans, tin cans, steel cans, bi-metal cans, reasonably free of dirt, food, and other contaminants, and plastic bottles. Also included as a recyclable is any other material that the City may hereafter be required to co-T-ect as a recyclable by Hennepin County or its Department of Environment rand Energy. Section 9-309.103 Separation and Storage of Recyclables a. It shall be the obligation and responsibility of the owner(s) of each multiple family residential structure, including but not limited to an apartment building, townhome complex, townhome association, condominium complex, and condominium association to have recycling containers available and provide recycling services at least twice each month to all residents residing within each structure. b. Every resident of every multiple family residential structure shall separate the recyclables from all other refuse, garbage, rubbish and waste matter, and shall store the recyclables in containers designated as containers for the storage of recyclables. c. Containers for storage of recyclables shall be kept in the same location as refuse containers; provided, however, that residents of those dwellings where curbside or alleyside collection is available, shall place the recyclables and the containers for recyclables at a place adjacent to the dwelling (or building in which the dwelling is located) or garage accessory thereto and visible from the street in front of the dwelling (or building in which the dwelling is located) or from the alley by the dwelling (or building in which the dwelling is located) if that dwelling (or building in which the dwelling is located) has refuse collection service at the alley. After the scheduled collection, the containers for recycling and any materials not collected shall be returned by the resident of such dwelling to the same collection as containers for refuse are kept. Section 9-309.104 Collection of Recyclables a. Collection of recyclables from the multiple family residential structure shall be by a hauler selected and paid by the owner(s) of the complex or by a manager of such or by a management company of such or by an association governing such, but which hauler is then duly licensed by the City under applicable ordinances of the City or County. Also, such collection shall be done in compliance with all other applicable ordinances of the City now or hereafter in effect. b. The owner(s) or manager or management company or governing association of each complex shall report to the City Manager or his/her designee, upon written request from time to time made by the City Manager or his/her designee, and on forms prescribed and provided by the City Manager or his/her designee, such information relative to the program for separation, storage, and collection of recyclables then in effect for their complex as the City Manager or his/her designee shall then •request. c. The foregoing provisions of paragraph (a) of this Section notwithstanding, the City, at any time, and from time to time, may contract with a hauler for collection of recyclables from some or all complexes, and if the City so contracts, the recyclables shall be collected from the premises by the collector under contract with the City and on terms and conditions set out in such contract. d Neither the foregoing pidiiisions of (a) or (c) of this Section or any other provisions of this ordinance shall prevent any resident from disposing. of that resident's recyclables without the use of a paid hauler'or the City collection, but the provisions of Section 9-309.105 of this ordinance shall be compiled with by such resident. 'Section 9-309.105 Disposal of Recyclables. Recyclables collected from multiple family residential structures shall not, in any event, 1) be deposited in any landfill, 2) be burned in any incinerator, or 3) be deposited or distributed in any way or manner contrary to then applicable law, statute, ordinance, rule, or regulation. Provided, however, that the restrictions at 1) and 2) of this Section shall not comply to any recyclables which are deposited in a landfill or burned in a incinerator pursuant to specific, prior written approval granted by the County and consented to in writing by the City Manager or his/her designee. Residents shall take such action as is reasonable under the circumstances to determine that recyclables are not disposed of contrary to the provisions of this Section. ' 1 Section 9-309.106 Sever -ability. If any part or provision of this Ordinance or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application that is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons, entities, or circumstances. Section 9-309.107 Controlling Effect. The provisions of this Ordinance shall control over any contrary or inconsistent provisions in any ordinances of the City. Section 9-309.108 Effective Date. This Ordinance shall be in full force and effect 15 days after its publication. First Reading: May 20, 1991 (waived) Second Reading: June 3, 1991, (waived) Publication: June 12, 1991 =_ Effective Date: June 27, 1991 Adopted by the City Council June 3, 1991 Attest: 4 City Cler Reviewed for administration: L E t w 14r4-0-4 Mayor st Approved as to formand execution: „City Attorney, - , 41,. L) • • 11 _ L r ) • Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION ®STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS Gregory P t a c i n , being duly sworn on an oath says that he/sh the publisher or authorized agent and employee of the publisher of the newspaper known City of St. Louis Park (Official Pubhcation) SUMMARY , ORDINANCE NO 1857-91 AN ORDINANCE AMENDING CHAPTER 3 OF THE ST LOUIS PARK ORDINANCE CODE RELATED TO GARBAGE COLLECTION THE ST LOUIS PARK CITY COUNCIL DOES ORDAIN Summary This ordinance amends the St Louis Park Ordtnancy Code related to garbage collection by mandating that owners of multiple family residential structures of five (5) umts or more provide for separation and storage of recyclable material at -multiple family residen- tial structures in St Lotus Park Effective Date. This ordinance shall take effect 15 days after its publication Adopted by the City Council June 3, 1991 /s/ LYLE W HANKS Mayor (The full text of this ordinance is available for m- spection with the City Clerk ) (June 12, 1991)SLP S t . Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1857-91 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on We d n e s d a Y , the 12 day .of J une , 19 91 , and was thereafter printed and published on every to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Acknowledged before me on this a bcdef gtu jkl m nopgrstuvwx yz 12 day of June , 19 91 iUt / . 11_ Not MEGIDEL M HEDSLOM NOTN.R' PUBLIC—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7-2-92 BY �T TITLE General Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 1 10 per line (Line, word, or inch rate) $ 7491 per line (Line, word, or inch rate) $ 621 per line (Line, word, or inch rate)