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Ordinance No. 0335 04-18-1966ORDINANCE N0. 335 AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE, GARBAGE, SWILL, RIIBBISH AND WASTE MATTER. AND REPEALING CHAPTER 38.01 THROUGH 38.08 OF THE CODE OF THE CITY OF FRIDLEY. THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: 38.011 Definitions: When ever used in this a�dinance, words shall have the following meanings: Refuse means all solid�waste products or those having the character of solids rather than liquids; in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domesYic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter f;om kitchen, dining room, market, food establishment of any places dealing in or handling meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structure; accumulated waste materials, cans, containers, tires, junk, or other such substance which may become a nuisance. . Garbage includes every accumulation of animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit or � vegetables, i�cluding the cans, container's or wrappers wasted along with such mater£�als. _ Swill includes that_particular garbage which is wholly or nearly edible:and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. Rubbish includes wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Waste matter includes waste matter composed of soil, earth, sand, clay, gravel loam, stone; brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal and all other noncombustible material which has�.been or-is [o be discarded. 38.021. Refuse�Containers Required. -The occupant of any private dwelling, the-keeper or manager of any hotel, motel, restaurant, eating house, or boarding house or any huilding where meals are served, the owner of any flat or apartment house, trailer camp or auto � court, and any other person having refuse as herein defined, shall provide and keep on such premises sufficient containers for the storage of a11 refuse accumulated on the premises between collections. Each such container shall be water [ight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed 30 gallons in size unless approved by the Public Health Department.of�.the City of Fridley. However, nothing herein shall be deemed to require the stOrage in containers of any refuse which is immedi�ely consumed or disposed of on the premises in a mu7tiple chamber gas fire incinerator of a type approved by the Public Health Department of the City of Fridley. 3$.031. Refuse to be kept in Containers. All refuse on any premise shall be stored in the containers required by section 38.021 hereof, except ORDINANCE N0. 335 (CONTINUED) as the same may be consumed or disposed of on such premises as permitted by said section: 38.041. Placing of Containers. The containexs sha11 be placed in the rear of the premise9; ox may be placed in the side yard set back if screened so as to be oue of view from the street and from adjoin#ng properties or in a garage located on the premises. In no event sha11 containers be placed next to the � stxeet or cuxb or be placed or maineained in such a way as to unxeasonably interfere with the use of adjoining property. Containers kept outside shall be placed in such a manner as not to permit entry of or harborage from animals, insects or other vermin. 38.051. Frequency and Manner of Collection. The contents of the containers shall be collected once every week, or more frequently if required by the provisions of any other ordinance of the City of Fridley, by a cbllector licensed hereunder. He shall transfeT the contents of the containers to his vehicie without spilling them, or if any spilling occurs, he sha11 clean it up completely. Upon such collection, the m ntainers sha11 be completsly emptied and returned to the racks or stands where Chey are kept and the lids of the containers shall be replaced. 38.061. Defective Containexs. Whenever a container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirements of this ordinance, the collector shall notify the Public Health Sanitarian of the City of Fridley in writing on forms Eurnished by the DeparCment of Health of the City of Fxidley. The c'ollectot shall affix a copy of said notice to the container. The notice sha11 state the deficiency and shall require-zepair or replacement.. Upon the next collection, if the deficiency has not been correcteii, the collector shall notify said 5anitarian. The Sanitarian shall then inspect said container and, if found deficient, condemn the same. The collector shall not collect the contents of any container marked as condemned. 38.071, Collector May Cancel Service. The collector shall cancel service to any premises when the only container or containers thereon have been aondemned, and may cancel service when the parCy chaxgeable for the collection service is two months or more overdue in paying for such service. When any collector cancels service to any premises, written notice thereof shall be served upon or mailed to the occupant, manager, or owner of the premises and a copy of the notice shall be mailed to the Health Department of the City of Fridley. 38.081. Abatement of Refuse Accumulation. An accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and sha11 be abated by order of the City of Fridley Health Officer, as provided by Minnesota Statutes, Section 145.22 and 145.23, and the cost of abatement may be as3essed on the property where the nuisance was found, as provided � in said sections. ' 38.091. Penalty. Any person violating this ordinance shall Ue quilty of a misdemeanor, and subject to a fine of not exceeding $100.00 or imprisonment in the county jail for a period aot exceeding 90 days, with costs of presecution 3n either case to be added. 5uch penalty may be imposed in addieion to revocation or suspension of license, and in addition to abatement of a nuisance hereunder. 38.101. This section incorporates hy refexence MS 6�9.68 pertaining to unlawful deposit of garbage, lieter or 1ike. ORDINANCE N0. 335 (CONTINUED) , 38.111. This section incorporates by reference MS 609.74 pertaining to public nuisance. 35.121. Repeal, That upon effective date of this ordinance, Chapter 38, Sections 38.01 through 38.08,-Waste Disposal, is hereby repealed and is of no further force and effect. I �� PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF APRIL, 1966. . ATTEST 6i�17�t.t,nti .l�G���A'CL( CITY CLERK - Marvin C. Brunsell First Reading: April 4, 1966 Second Reading: April 18; 1966 Publish: April 27, 1966 C� � OR - Sack 0. Kirkham � 0