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Ordinance No. 0838 06-17-1985� t � � • � 1��.� M • AN ORDINAN(� REOJDIFYING 'IHE FRIDLEY CITY ODDE BY AN�ID7NG Q3AF�ER 113 ENTITLED "REFUSE DISPOSAL" BY RENAMING IT nSOI,ID WASTE DISPDSAL APID RECYCZING ODLLEGTION"; BY ADDINC' SEGTIONS 113.08 AND 113.10 AND BY AMENDING SECTIONS 113.01, 113.02, 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, 113.12 ADID 113.13 113.01. Zhe follaaing definitions shall apply in the interpretation ana enforcement of this Chapter and the followzng taord� ana ternls wherever they occur in this Chapter are defir�ed as follaas: 1. A�prwecV. Accepted by the City follaving its detern�ination a� to compliance with establishea puhlic health practices ana ste,ndards. 2. O�[m�ercial Establishment. Any prenises where a cornmercial or industrial enterpri� of �n�� kind is carried on and sYiall ir.clude, but ts not lsnited to, clu�s, churches and establishments of nonprofit organizatlons where fooc� is �pre�arecl or served or goocls are sold. 3. Dwelling Unit. A se�arate residentiel dwelling place wath a kitchen. 4. Garbage. E�ery acciunulation of animal, veyetables or otl�er matter that attends the preparation, consunption, display, dealing in or stora�e of ineat, fish, fowl, birds, fruit and vegetables, includir�c� the wrappers wasted along with such materials. 5. Lanclfill Site. A site for dis�osal of solid waste approved by the Czty, o�erate� or conducted in aacordance with the rules and rec�ulations of the Fbllution Control Agency as adopted in accordance witY� Ninnesota Statutes, �ction 116, as amenned. 6. F�rson. 11ny person, fi�m, �rtnership, �ssociation, cor�oration, company or oroan�zation of any kind. 7. Private Garba9e ana Solid Waste Collectors. Any person who offers to or engages in the collection of garba9e or solid waste from any house, apartment, public or private institution, or cor�unerical establishment within the Ci.ty of Fndley. � � Page 2— Ordinance No. 838 8. Recyclable Naaterials. Al.l nom-glossy newsprint, office paper, corruc,atec+ parer, glass, al�uniniun, steel ana "tin" cans, automobile oii and batt-eries; and any ather materials as mutually agreed upon by the City and the hauler. 9. Refuse. A7.1 solid waste products or tY,ose having the character ef solids rather than liquids in that they will not flow reac�ily u�ithout adca.tional. liquid ancl which are composed wholly or partly of sucY� materials as garbage, swill sweeping, cleaniriys, trash, rubbish, litter, inciustrial solid waste or domestic soliU wastes; organrc wastes or residue of animals sold as meat; frtut or other vegetable or animal matter £rom the kitehen, dining roorn, market, or fc�ocl establishment of any places aealing in or haridling meat, fowl, grain, or vegetables; offal, animal excreta, or tl�e carcass of an,mals; trees or shrub tri�nings, grass cliFpings, br�ck, plaster or other waste matter resulting fr�n the cae�nolition, elteration or construction of buildings or structures; accunlulated waste rnaterials, tires, �imk; or other such substances wl?ich may become a r�uisance. 10. P.esidential Properties. Attached and detached single-, aouble-, triple- e�nu quadrugle-dwelling units and mobile hcenes. �11. Rubbish. Wood, leaves, trimmings fran shrubs, dead treee or branches thereof, shavings, sawdust, excelsior, wooden ware, printea materi�tl, �aste boarii, grass, rags, straw, boots, shoes, hats and all other cwnbustibles not included under the ternt r,arbage. 12. Solid Waste. Garbac,�e, recyclable materials, refuse, rubbish, sw�ll, uraste matter and other discards which are nonhazardous waste. 13. Stai11. 'Iizat �artic�lar garbage which is wholly or nearly euible ana use�ble as a food anq has food value for ammals or fowl, acciunul�ting frorn animel, vegetable or other matter wasteu fron� club�, hotels hospitals, restaurants and public eating places. 14. Waste Pfiatter. N�atter co�n�osed of soil, earth, sand, clay, c�ravel, loam, stone, brick, plaster, crockery, asrAes, cinders, shells and all other noncombustible material which has been or is to be drsc�rded. 113.02. S�.ID WASTE QONTAINERS RD�UII2ID The occu�nt of anp private dwelling, the kee�er or manuger of any � hotel, motel restaurant, eating house, or boarding Y�ouse or any building where meals are seroed� the aaner of any ilat or apartment house, trailer camp or auto court, and any otl��er �erson h�ving �olic� waste as herein defiried, shall provide and kee� on such pr�ises �� � °�, u �S a •• i �� • • r �� Paye 3— Orainance No. 838 1 sufficient contair�ers for the storage of all refuse acc�unul�ted on the prenises between disposal or collection. Each such container shall be durable, watertight, shall have a tic,k?t fitting lic�, sh all be impervious to irispects, rodents, vermin and absorbtion of- moisture and shall not exceed 32 gallons in size unless approve& by the City of Fridley. All solid waste on any premises shall be storecl in the wntainers reqw.red here�.n except if- the same nay be immediately consumed or disgosed of on such premises iri an incinerator of a type approved by the City of Frzdley. � � 113.03. QOMNIE'S2CIAL OONTAINERS All conunercial, business, industrial, or other such establishments having a vol�ne in excess of one (1) cubic yard per week, and all four (4) family and larger dwellings, shall provide approved bulk or box tg�e solid waste stora�e containers or the approved ecuivalent. These containers shall be so locatea as to be accessible to wllection equiKanent anu so as not to requzre an internediate transfer. 113.04. �1RD WASTE �N'.Q�II�7ERS Grass clippings, leaves and other similar solic� waste raay be pluced in bags or bundles not exceechng three (3) feet in any dimension and not exceeding 60 pounus in weight and shall be securely fasteneu to avoid spillage. 113.05. O'II3IIt ODNTAINERS All other solict waste on any prenises shall be storeG in the containers required by Sections 113.02, 113.03 ��n� 113.04 hEreoL, except as tk�.e same may be constuled or disposed oi or such prernises as permitted by saict sections. 113.06. S�,ID WASTE DISI�SAL No person shall dispose of solid waste, as c�efirtec3 ira Section 113.01.8, upon any lands in the City of Friclley except on an approved landfill site; except that tree leaves �nd grass clippings may be stored on a person's property for the �urpose c�f recycling organic materials as a soil conditioner. Thls should be acmmplishea so as not to create a health haz�rc� or a nuisanae to aci�oining properties. 113.07. SCg,ID WASTE QOLLE(,TI�7 Solid waste, other than those itans collected accerding to 5ection 113.08 hereof, shall be collectea at least once every weef:, or morE frequently if necessary, by a collector licensed hereunc�er. The collector shall transfer tY�e contents of- the centairiers to a collection vehicle without spillinq than. If any :pilling occurs, the oollector shall clean it up completely. Upon such collection, the containers shall be completely eraptied and the lids of the contatners shall be reFlaced. ^A� �• ii • •� , � .. r•� �� � � �• •� � •• � �• S�,ID WASTE DISl�SAL S�,ID WASTE ODLLE(,'i'ION I I � � � Page 4-- Qrdinance No. 838 113.08. RECStCT,iNG ODIS�ECTION Pecyclable materials shall be collected at least once a montti by the collector licensea hereLUider. The collector shal.l �xcku� all recyclable materials placed along the curb of resiclenti�l properties located within the City of Fridley. These materialM shall tlYen be transported by the collector to a site where they can be processec for the market�zlace as determined by the oontractor. 113.09. PLACING OF SQ.ID WASTE ODNTAINERS 1. Except for purposes of collection, all solic: waste must be placed in the rear of the prsnises, or it may k�e placed ir! the sicle gard setback if screenec� so as to be out of view frcxn the street, or in a garage located on the �ranises. 2. 7he following special conditions may be use� to ma};e solici waste collection more convement: P.. Solid waste, except that which is storec: in a container, as defined in Section 113.02 and 113.03 of tkais Clzapter, nay be placed ad7acent to the curb or elsewhere on tlie person's property. B. Solid waste storeclin containers as mentionect in Section A �,bove, may be p]aoed ir�s«ediately ad�acent to the front of the awellinq unit, but no further than three (3) feet from the building. 3. ES�cept for convenience of collection, no containers or soliu waste wi11 be allowed in the front yara for more than twenty-four �24) hours. 113.10. PLP,CING OF RECYCf�1BLE MATERIALS Properly contairied retyclable materials shall be placed acijacent to the curb ad�oimng the person's property on the day of tl�e scheduled collection, No container� shall be allowed aa�acent to tkie curb for more than twenty-four (24) hours. 113,11. DEFECTIVE SOLID WASTE aDNTAINERS Whenever a soliu� waste container is in �oor repair, is corrocled or otherwise defective so as to permit insects, vermin or xoaents to enter, or cloes not meet any other r�w.ranents of- this Cha�ter, the collector shall notify the aaner personally or by affixinc� a capy of a notice to the contairer. Zhe notice shall state the Gef iciency and shall require repair or replacement grzor to the next collection, If the deficiency has not been wrrectec's, tY7e collector shall notify the City. The City shall then inspect said container and if founn deficient, wndenm same and order its renov�l. RFX;Y.C3�IDIG �LLECTION • w� � �: u • y�iL'�i��. PLACING OF RECYQ�ABI.E MATERL�LS I�FE�TIVE S(%ID WASTE QONTAINERS � , �A � 1 J Page 5— Ordxnance No. 838 113.12. RECYCLING ADID SOI,ID WASTE H�IJL G' RDGULATION 1. License Requirenent. No person shall engage in hauling or conveyrrrg solid waste cr recyclable material from any �remises, other than trieir own domicile, ir. the City unless that person holds a v�l�d license hereunder. Fach sucl� vehicle so used must be licensec�. 2. License Procedure. A. 7he pzovisions of the License and Permit CY'iapter, (5i�pter 11 of this Code, including the license fee shall apply to all licenses required by this Chapter and to the Y+.uldera of sucYi license. The term of each license hereunder �k?all be ir�a P'iay 1 through April 30 for Solici Waste Haulers and from June 1 thrauyh N,ay 31 for Recycling Haulers. E. The application for license or renew�. oi license sYia11 contain a description of the types and rnakes oi the n.otor vehicles used for collection, a schedule oi services to be riade to the custaners, the frequency of service to be rendered an� full inforniation as to where ana hav the material collected will be disposed of and any other information the City of FricLl.ey shall require. Applicants for licenses, a� ter July 10, 1975, aesiring to provicle routine weekly collection and re�novel oL- ;�olia waste frcm residences shall provide, �s re�uired under this Chapter, complete collection of all solic� wa�te which normally results fran �y to caay use of- this tppe of property except furnishings, appliances, building or constrcctien wastes and similar bulky wastes for which individu�.s must make s�ecial arrangements. The City may require vehicle inspection betore �=rocessing the license application. C. Applications for licen� hereunner Ctty for review anC recommenaation. If that the public need, convenience, e.nc1 thereby, it may grant a license to any the re�utrsnents of this Chapter, 3. License Classif ication. sYzall ]ae sukanitted to tt;e the Co�uicil is satisfied gooca order will be setveu such application meetiny A�plicants for licenses issued hereunder shall be issuecl for the fcllowing classes of operatiens: Class I- Residential Refuse Collection Vehicle C1ass II - Comtnerical ana BusinESS Refuse Collection VeY�icle Class III - Residential and Conunerica7. Refuse Collec�tion Vehicle C1ass IV - Rubbish ana FTaste P4atter Collection VcY�icle Qass V- Fenciering Collection Vehicle Class VI - Recycling Collection Vehicle 4. Tnsurance. A. Solid Waste Haulers. Ap�l.icants for licenses or renewals of lic;ense� sYaa11 file wxL-r� each aFglication a cog� of an insurance policy or policies and an endorcement, under which there is coverage es to each vehicle ` �� REX.'Y(�,IIQG AND S(%ID WASTE HAUI.ERS' RD�ULATION Fage 6— Ordinance No. 838 � to be useck ior loss or damage to persons in the Gmount of $100,000 for each person ana $300,000 for e�ch accieentp and for loss or damaae to property in the �nount of $50,000. E�ery such policy shall provide that it shall not be car.celled or tern�inateci for any reason witY�iout at least ten (10J c7ays writter_ notice thereof first being given to the City. B. Recycling Aauler. R}�glicants for licenses or renewals of license,s. :;hall be insure<: as defined by the contract with the C:ity. 5. Hours. No person engaged in hauling soli� waste, garbage or recyclable material frcaz revidential areas within the City of Fn�iley shall do :,o before 6:30 A.M, or after 8:30 P.M. on any day. Futhermore, hauling from commercial, business, incaustr��l, ar otl�er suc1-� establishments shall not reasonably interfere witkr, or create a nuisance for, ad�acent residential areas. There shall be no recyclinq, garbage or solid waste pick-up from resiclential properties on Sunday. 6. Vehicles. A. Each vehicle for which a license is apglied for or wl-_ich i�� licensed shall be sub�ect to inspection by the City of Fr�.dley at the annual renewal date and at all reasonable tiraes. P.ny � such vehicle, while it is used by the licensee in the City of Fridley, shal.l have the name of the licensee clearly printed on both sides. Said lettering shall be at least tleree (3) inches in height and the color of the lettering and of the backgreund shall be contrasting. &. Each licensed solid waste vehicle shaa l h��e aL-tache� a decal to be issued by the Gtty showing the currer3t rec,sistration. �e decal shall be affiaed to the outside oi that portion oi the truck body used to hold garba9e or solid wa.ste. OI.d, expireci or otherwise invali� decalcomania shall be reraoved irorn the vehicle. C, �he bocty of every solid waste vehicle licensect hereunder shall be constructed entirely of inetal or tne s�ce in the vehicle in which solid waste shall be ke�.k shall be com�letely lined with metal, All joints shall be effectively closed so i:hat no dripping or leaking or drain off of water, liquids or any substances can occur. 7he loading space shall be provicled with a heavy tar�ulin or equivalent cover fittecl with eyes, c�r�ru��ts, tie ropes, or hooks so that the cover crxn be securely over the loaded solid waste. Et�ery vehicle useG for collection of garbage or swill shall have a permanent metal cover. Every vehicle shall be equippea with the n2cessary hand tools for cleaning up spills. D. Et�ery vehicle licensed hereunder shall be ket well painten, � clean and in good re�air. E�ery such solid wGste vehicle used for collectinq garbage or sw ill shall be cleanec every weeY,, or more often if necessary, to prevent persistent edors and sh�l be cleaned before being usec� for any other ��urp�ses. ti�� Page 7— Ordinance No. 838 1 E. Recyclables, c,arbage, solid waste, rubbish, or other waste niatter shall be loaded so that none of sucli matera.als can �ar loose an� fall to the grounci oe street wher, the vehicle i� in motion. Loose �per, trash, and similar materials shall be so secured that tY�iey cannot be c3�.splaced by tY7e 43ind or fall out of the vehicle. Containers used to carxy solia waste in or on any vehicle skiall �mply with the require�nents oi Section 113.02 hereunder. � � F, No person shall at any time �ark or store any recycling or solid waste collection vehicle on any pranises zonecl far use as a sinqle or multiple cesidence dwelling, within one h�:ndreu (100) feet of any aforenentioned prenises, or within t�ao huncired (200) feet of any food establishment, for pur�ose cther tr�ar�, or for penods inconsistent with, providing recycling or solid waste oollection at said praaises. No person shall at any tine �rk or store any loaded or p�rtially loaded recycling �r solio waste collection vehicle on any pranises witk;ira the City, exce�,t for the purpose of and for Fieriods consistent with, �roviding recycling or solia waste collection at tkaat p�rcel of property. 7. Cancellation of Salid Waste Service. The collector shall caricel service to any permises wr!en the only container or containers thereon have been oondemr�d� and m�ty cancel :zrvice when the g�zrty chargeable for the collection service is two (2) months or more overdue in paying for such service. N7hen any collector cancels sexvice to ar�� prenises, written notice therEOf shall be setved u�on or mailed to the occupant, mark ger, or owner of the prenises and a ca� of the notice shall be mailec� to tY,e City. 113.13. ABA7.'ET�IENT OF SaI,ID WASTE ACQIM7LATION Any accwnulation of solid waste on any premises not stored in containers vahich camply with this Chapter, or any accwnulation of solia waste on any pranises is hereby aeclared to be z nuisance and shall be abated by order of the City, as provi�ea by Ninnesota Statutes, Sections 145.22 and 145.23, ar.d the cost of �bat�aent ma�T be assessed on the property where the nuisance wzs found, es providea in sai� sections. 113.14. LITTIIt P7�iviesota Statutes, �ction 609.68 are hereby aooptec! by reference and shall be full force and effect in City of Fridlep as if set out here in full. 113.15. FEFS '�e license fee ana e�tpiration olate sYfall be pxovide6 in Cha�ter 11 of Fridley City Coc7e, r ,��, ABATEME�7T OF S�ID WASTE ACQTNYTLATION LITPII2 �y�x� Page 8— Orair�nce No. 838 �113.16. PEd�ALTIFS PIIV�LTIFS Any violation of this ChapEer is a misdemeanor aiid sub�ect to ail penalties provided for such violation under the pr�visa.ans of Chapter 901 of tk?is Code. PASSID AND AI70P1'ID BY THE CITY WUNCIL OF THE CITY OF FRIDLEY THZS 17TH DAY OF JUNE, 1985 ATTEST: ���.,�_ C� �-----�� SIDNEY Ce II�MAN - CTTY Q,ERK First Reading: June 3, 1985 Second Reading: June 17, 1985 Publication: June 24, 1985 �r � ' �--�,-�.�� ��jt�-�`° WILLTAM J. NEE - f Ok ✓ ��