HomeMy WebLinkAbout2101-97 - ADMIN Ordinance - City Council - 1997/09/15ORDINANCE NO.
2101x7
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 9, PART 3
AND CHAPTER 13, PART 10 OF THE
ST. LOUIS PARK CITY CODE
CONCERNING THE COLLECTION OF GARBAGE
FROM RESIDENTIAL DWELLINGS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 9, Sections 9-301 through 9-309 of the St. Louis Park
Municipal Code are amended as follows:
Section 9-301. Short Title. This ordinance shall be known and may be cited as the
Garbage and Refuse Collection Ordinance of the City of St. Louis Park.
Section 9-302. 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 the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and not merely
directory.
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(1) "Director of Public Works" or "Director" shall mean the Director of
Public Works of the City of St. Louis Park.
(2) "Garbage" shall mean animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
(3)
"Residential Garbage and Refuse Collection Contractor" means any
person with whom the City contracts for collection of garbage and refuse
from residential dwelling units in the City.
(4) "Refuse" shall mean all wastes (except body wastes), including but not
limited to rubbish, tin cans, papers, 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 anything one man could not lift easily.
(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 establishment of non-profit organizations
where food is prepared or served or goods are sold.
(6) "Incinerator" shall mean any device used for the destruction of refuse,
rubbish, or waste materials by fire.
(7) "Licensed Private Garbage and Refuse Collector" shall mean any person
hold a valid license from the City for the collection of garbage and refuse.
(8) "Residential Dwelling" means any single building consisting of four or
fewer separate dwelling units with individual kitchen facilities for each.
Section 9-303. 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 in the City shall be collected, conveyed, and disposed of by the authorized
City Residential Garbage and Refuse Collection Contractor. The Residential 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 section does not prohibit the following activities: (a) the disposal of
garbage by any device which grinds and deposits the garbage in a sewer; (b) the owner
or occupant of any premises upon which garbage or refuse has accumulated from
personally conveying and disposing of such garbage or refuse in accordance with the
provisions of this section and with any other applicable law or ordinances; (c) collectors
of refuse from outside of the City from hauling such refuse over City streets, provided
such collectors comply with the provisions of this section and with any other applicable
laws or ordinances of the City of St. Louis Park; or (d) any licensed private garbage
and refuse collector from hauling garbage or refuse from any premises that is not a
residential dwelling.
Section 9-304. Collection Supervised by Director of Pubic Works. All garbage and
refuse collected, conveyed, and disposed 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 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 same in accordance with the provisions
hereof and contract between the City and its Garbage and Refuse Collection Contractor.
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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 9-305. Precollection Practices.
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(1) Preparation of Garbage 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 deposited for
collection and shall be placed in sealed bags or wrapped. No explosive or
highly inflammable material shall be deposited or placed for collection.
Such material shall be disposed of as directed by the Fire Chief at the
expense of the owner or possessor thereof.
(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.
(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 containers 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.
(4) Garbage Containers. Garbage containers shall be made of metal, or other
suitable material which is rodent, fire, and waterproof and which will not
easily corrode and must be equipped with suitable handles and tight fitting
covers and shall be kept tightly covered when there is garbage therein.
(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 person, and kept tightly covered when there is refuse
therein.
(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 yard waste must be
placed on the abutting alley if there by one, or upon the boulevard area of
the street for collection by the City.
Section 9-306. Collection Practices.
(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 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.
(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 disinfect each vehicle at least once
a week unless the same has not been used since the last disinfection
thereof.
(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 9-307. Garbage/Refuse Service Rates.
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A service charge for garbage/refuse collection including recycling service and
grass/leaf collection service provided to residential dwelling units within the City shall
be $40.50 per quarter for dwelling units using two or more cans per week; or $30.50
per quarter for units using only one can per week.
Each dwelling unit in a Residential Dwelling will be charged a service charge for
garbage/refuse collection.
A monthly service charge of $3.00 shall be added to the quarterly service charge for
garbage/refuse collection for any residential dwelling unit which mixes grass/leaves and
refuse.
Charges for garbage/refuse shall be a charge against the owner, lessee, occupant or all
of them of the premises served, any of whom shall be charged and billed for said
service.
Garbage/refuse bills will be mailed to customers for each quarter/year service period at
the rate shown above. The proceeds from collection of these bills shall be placed in a
separate fund. A penalty of 10 percent shall be added to the amount due on any bill if
not paid within three weeks after the billing date. Payments received three working
days following due date shall be deemed as paid within said period.
Delinquent Garbage/Refuse Accounts. All charges for garbage/refuse service shall be
due and payable within three weeks after the billing date; accounts shall be considered
delinquent when not paid within three working days following the date. Such charges
shall be a charge against the owner of the premises and shall be certified by the City
Clerk to the City Assessor who shall prepare an assessment roll each year providing for
assessment of the delinquent amounts against the respective properties served for
collection as other taxes.
Revision of Garbage/Refuse Rates. The City Council reserves the right to adjust the
rates provided above from time to time.
Section 9-308. Disposal.
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(1) Private Incineration. No garbage or refuse from any commercial 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.
(2) Dumping. No garbage or refuse shall be disposed of by dumping or
disposal thereof at or on any place within the City.
(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 9-309. Recyclable Materials.
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(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. Unauthorized 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 participating
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 all 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 recycling program. Three copies of this list
shall be filed with the City Clerk after two weeks published notice of the
official newspaper. The City Manager may modify the items on this list
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as circumstances warrant by following the procedure specified for the
original designation.
(4) Jmplementatiort. 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. The
City may require placement of the recyclable materials in containers or
biodegradable bags or other storage devices to facilitate collection and
processing. 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 an 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. Chapter 13, Sections 13-1001 through 13-1008 of the St. Louis
Park Municipal Code are amended as follows:
Section 13-1001. Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance and the following words and terms
wherever they occur in this ordinance are defined as follows:
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(1) "Private Garbage and Refuse Collectors" shall mean any person who shall
offer to, or engage in the collection of garbage or refuse from any public
or private institution, commercial establishment, or single building
consisting of five or more separate dwelling units with individual kitchen
facilities located within the City of St. Louis Park.
(2) "Garbage" shall mean animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
(3) "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, sod, dirt, rocks, construction
material, trees, leaves, hedge or tree trimmings, and wood normally
resulting from the operation of a household or business establishment, but
not including garbage.
(4) "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 sold.
Section 13-1002. License Required. No person shall engage in the collection of
garbage or refuse in the City unless he shall have secured a private garbage and refuse
collector's license to do so in accordance with the provisions of this ordinance and
Section .13-101 through 13-124 of the Ordinance Code of the City of St. Louis Park
(General Licensing Provisions).
Section 13-1003. Application for License. Applications for such collector's license
shall be made in writing on forms provided by the City and shall be filed with the City
Clerk containing the following information: Name of business, owner's name, number
of vehicles to be used in City, description of vehicles as to physical characteristics, year
and name of manufacturer, approximate number of customers served, schedule of
charges which will be made for hauling, schedule of collection routes, location of
dumping area, telephone number where applicant can be conveniently reached,
statement that person making application is an owner or officer of business and
statement that applicant has paid all license fees and taxes required.
Section 13-1004. License Fee and Term. The annual fee for such collector's license
shall be $135 for the first truck and $35 for each additional truck, and all such licenses
shall expire on December 31 of each year.
Section 13-1005. Transfer of License. Any license issued pursuant to this ordinance
shall be transferred only upon application for such transfer in writing, conforming in all
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respects with the provisions of this ordinance governing the filing of an original
application; said application for transfer shall be accompanied by a transfer fee of $30.
Section 13-1007. Regulations. The following regulations shall apply to all private
garbage and refuse collectors under the provisions of this ordinance.
(1) Vehicles. Vehicles used by private garbage and refuse collectors to
transport garbage and refuse over the streets and alleys of the City shall
have a fully enclosed metal body which is tightly sealed and properly
maintained, and operated to prevent offensive odors escaping therefrom,
and solids or liquids from leaking, spilling, dropping, or blowing from the
vehicle.
Vehicles must be kept in good repaid and in clean and sanitary condition
and are subject to periodic inspection by the Director of Inspectional
Services or other inspectors of the City. Vehicles shall be equipped with
brooms and shovels for use in sweeping up all garbage and refuse spilled
during collection or hauling thereof.
(2) Disposal. Disposal of any garbage or refuse collected by any private
garbage and refuse collector shall not be made within the City except at
places specifically authorized by the City.
(3) Scattering of Garbage or Refuse. No person shall and no licensed
collector shall permit or allow any of his employees to 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 13-1008. Revocation of License. Any license issued hereunder may be
revoked if false statements have been made in the application therefor and may be
revoked upon failure of a licensee to comply with the requirements of the ordinances of
the City of St. Louis Park.
SECTION 3. This ordinance shall be effective fifteen (15) days after its
passage and publication.
ADOPTED this 15th day of September , 1997, by the City Council of -
the City of St. Louis Park.
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ATTEST:
Cit Clerk
APPROVED AS TO FO
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'ty Attorney
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CITY 0 ST. LOUIS PARK
By:
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Mayor
STATE OF MINNESOTA)
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AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
Do u g Dance , being duly sworn on an oath says that he/she is
the publisher or authonzed agent and employee of the publisher of the newspaper known as
Sun -Sal I or , 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 Statue 331 A.02, 331 A.07, and other applicable
laws, as amended
(B) The pnnted
Summary of Ordinance No. 2101-97
which is attached was cut from the columns of said newspaper, and was pnnted and published
once each week, for o n e successive weeks; it was first published
on WednesdaY the 17 day of September ,1997.and was thereafter
printed and published on every to and including
the day of , 19 : and printed below is a copy of
er case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
slze and kind of type used in the composition and publication of the notice:
abcdefghpklmnopgretuvvngz
Acknowledged before me on this
17 day of S
BY:
TITLE: P u b I i s r
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
Maximum rate allowed by law for the above matter
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(3) Rate actually charged for the above matter
$ 2.55 per line
$ 6 20 per line
$ 1 20 per line
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City of St. Louis Park
(Official Publication)
Summary
CITY OF $T. LOUIS PARE
HENNEPIN COUNTY, MINNESOTA
I SUMMARY OF ORDINANCE NO. 2101-97
AMENDING SECTION CHAPTERS, PART 3 AND
CHAPTER 13, PART 10 OF THE CITY CODE
CONCEOF GARBAGE FROM RESIDENTIAL D G THECOLLECTIOWELL1NGS
On September 15;1997 the St Louis Park City Coun-
cil adopted Ordinance No 2101-97 amending Chapter 9,
Part 3 and Chapter 13, Part 10 of the City Code concern-
ing the collection of garbage from residential dwellings
The Ordinance requires participation of all single through
four-plex dwellings in the City's organized collection sys-
tem, including the collection, processing and/or disposal of
I residential refuse, garbage, recycling and yard waste The
Ordinance revises the quarterly sernce charge paid by res-
Iidents to $30 50 per quarter for residential dwellings with
one can per week service and $40 50 per quarter for resi-
dential dwellings with two or more cans per week semce
and eliminates the quarterly recyclmg credit The Ordi-
nance provides the City the option to require biodegradable
bags for disposal of items such as yard waste This facili-
tates a proposed pilot program to utilize biodegradable
yard waste bags beginning in the sprang of 1998
The Ordinance will take effect 15 days after its publi-
cation
Adopted by the City Council September 15, 1997
/s/ Gail Dorfman. Mayor
(The full text of this ordinance is available for
inspection m the Office of the City Clerk )
(September 17i1997)A3/Cty SLP Summary