(A) Licensing of collectors.
(1) It shall be unlawful for any person to collect refuse, recyclables or yard waste without a license from the city and an account relationship with the owner, lessee or occupant of the premises. Any person desiring a license to collect refuse, recyclables or yard waste shall make application for the same to the City Clerk upon a form prescribed by the Council. The application shall set forth:
(a) The name and address of the applicant;
(b) A list of the equipment which applicant proposes to use in the collection;
(c) In the case of license renewals, an accounting of the number of customers within the city currently being served by the applicant;
(d) The place or places to which the refuse, recyclables or yard waste is to be hauled;
(e) The manner in which the refuse, recyclables and yard waste is to be disposed of;
(f) The portion of the city in which collections are to be made; and
(g) Information about the location and method of storage of collected recyclable materials, including evidence of compliance with all state, county and local laws and regulations.
(2) Before any license may be issued, the applicant shall, if the application is approved by the Council, deposit with the City Clerk proof of insurance as follows:
(a) Workers’ compensation insurance and employer’s liability insurance as required by law;
(b) Comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, which names the city as an additional insured and which provides coverage in the amount of $300,000 for any single claim and $1,000,000 for multiple claims from any single occurrence.
(3) A license fee as specified in the appendix to Chapter 35, based on the number of vehicles to be used by the applicant in applicant’s operations under the license, shall accompany the application and, upon granting of the license, the fee shall be deposited in the general fund.
(4) Licenses shall be issued on a calendar year basis and shall be renewable annually at the discretion of the Council; provided however, for applications approved after January 1 in any calendar year, applicant shall pay a license fee in the amount that is prorated on a quarterly basis for the balance of the initial calendar year.
(5) The Council reserves the right to revoke or not renew the license for violations of this chapter. The revocation or non-renewal shall be preceded by a mailed written notice of violation informing the licensee of the complaint(s) against them. Notice hereunder shall be deemed sufficient if it is sent to the address of the licensee shown on the most recent license application on file with the City Clerk. The notice shall provide the licensee the opportunity to be heard before the action is taken.
(‘81 Code, § 11-6)
(B) Duties and obligations of the licensed collector.
(1) A licensed refuse, recyclable and yard waste collector must comply with the following operational requirements:
(a) The licensee shall operate in a manner consistent with information provided on its license application submittal and shall provide notice to the city within ten days of any changes in the information, forms or certificates filed as a part of the license application process;
(b) The licensee shall comply with all state, county and local laws and regulations;
(c) No individual residential collection of refuse, recyclables or yard waste shall be made, except between the hours of 6:30 a.m. and 6:00 p.m., Monday through Friday. Individual residential collection operations during these hours may also be conducted on Saturdays, to accommodate recognized national holidays or a special pick-up as herein defined. Customers shall be reasonably notified of the specific day for the collection of their refuse, recyclables and yard waste, and the licensee shall collect the materials within those time periods;
(d) Operation of vehicles in driveways:
1. Operation in driveways prohibited. Each licensed refuse, recyclable and yard waste collector shall be prohibited from operating its vehicles in the private driveways of residential and multiple dwellings having individual residential collection service; and
2. Exception. The provisions of the division above shall not apply to licensed collectors servicing multiple dwellings within which each dwelling unit has individualized collection service or single-family dwellings that have a driveway in excess of 100 feet. No licensed collector who is exempt hereunder shall operate any vehicle in reverse unless reverse operation of the vehicle is necessary for safe egress from the driveway;
(e) Each licensed refuse, recyclable and yard waste collector shall insure that the contents of all material storage containers shall be transferred to the collection vehicle without spillage, or, if any spilling occurs, it shall be forthwith cleaned up completely. Upon completion, the containers shall be completely emptied and returned to the area adjacent to the customer’s premises, as required in § 50.02 for collection, and placed in the rack, or stand, if any, and the lids of the containers shall be replaced;
(f) Each licensed refuse, recyclable and yard waste collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street, alley or public place longer than is reasonably necessary to collect refuse, recyclables and yard waste;
(g) A licensed collector is required to provide recycling services and opportunities for its customers. Each licensed refuse, recyclable and yard waste collector shall provide its individual residential collection customers with weekly collection of garbage and other refuse, yard waste, and recyclables, subject to the daily residential hauling zone restrictions set forth herein. The individual residential collection of recyclables shall be on the same day as the collection of the customer's garbage and other refuse, but may occur at a different time within that day. The recyclables collection shall be from a location consistent with § 50.02(C). The licensee is deemed the owner of the recyclables and upon collection, the licensee may market the recyclables. Nothing herein shall be construed to prevent a licensee from offering household recyclable collection for other recyclable materials. Notwithstanding the weekly collection requirement set forth above, a licensed hauler may collect recyclables for individual residential collection customers on a bi-weekly basis provided the licensee complies with the following conditions:
1. The collection of recyclables shall comply with the daily residential hauling zone restrictions;
2. The licensee shall provide single-sort recycling whereby the customer may commingle all recyclables in a single container;
3. The licensee shall provide to the customer a close fitting covered container of not less than 30 gallon capacity and, at a customer's request, the licensee shall provide a larger capacity close fitting covered container to the customer at no additional cost to the customer; and
4. The licensee complies with the collection and hauling requirements for recycling services under Dakota County Ordinance No. 110 effective January 1, 2022.
(h) Each licensed refuse, recyclable and yard waste collector shall provide for a separate collection of yard waste from customers who receive individual residential collection service. This yard waste collection shall be offered on a weekly basis for a minimum of eight weeks in the spring, commencing on April 1, and eight weeks in the fall, commencing on September 15, or as otherwise directed by the Council via resolution. The yard waste collection shall be from a location consistent with § 50.02(C). The yard waste containers on collection day shall be at the location as provided in this chapter. The licensed collector shall have the discretion of setting specific dates and times for the collection, but shall give reasonable notice and instructions to the customer, and shall ensure that refuse and yard waste materials are not mixed at the time of collection and final disposal. The collected yard waste shall only be disposed of at a composting facility authorized or approved by Dakota County or other appropriate governmental unit;
(i) Each licensed refuse, recyclable and yard waste collector shall provide customers which receive individual residential collection with the option of paying volume based fees for the collection;
(j) Each licensed refuse, recyclable and yard waste collector shall notify, in writing, any collection customer whose container(s) are in poor repair, are corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet all of the other requirements of § 50.02(A) and (B). The collector shall affix a copy of the notice to the container, and the notice shall state the deficiency and shall require repair or replacement. Upon the next collection, if the deficiency has not been corrected, the collector shall notify the City Clerk. The City Clerk shall cause the container to be inspected, and if it is found deficient, the inspector shall condemn the same. The collector shall not collect the contents of any container marked as condemned;
(k) Each licensed collector shall annually notify customers with whom they have an account relationship of the proper placement of refuse, recyclables and yard waste for collection, as specified in § 50.02(C). The notice shall also be given to all new customers of the licensed collector upon establishing an account relationship with the customer. It is unlawful for any licensed collector to direct, suggest or imply to any customer that containers may be placed for collection in any location in violation of § 50.02(C);
(l) Occupants of residential dwellings managed by associations or other management entities shall have the same opportunity to recycle as do occupants of other residential dwellings. It is unlawful after January 1, 1991, for any residential dwelling association or other residential dwelling management entity to negotiate, execute or maintain a contract for residential garbage or other refuse collection unless it includes, as a part of that contract or as a part of a separate contract, weekly collection of recyclables on the same day as its refuse collection;
(m) Occupants of a multiple dwelling complex managed by an association or othermanagement entity shall have the same opportunity to recycle as do occupants of other residential dwellings. It is unlawful after January 1, 1991, for any multiple dwelling association or management entity to negotiate, execute or maintain a contract for collection of garbage or other refuse unless it includes, as a part of the contract or as a part of a separate contract, a minimum of weekly collection of recyclables; and
(n) It is unlawful for any garbage, refuse, yard waste or recyclables collector vehicle to collect any garbage, refuse, yard waste or recyclables within any daily residential hauling zone on any day other than as permitted for the daily residential hauling zone, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. It is unlawful for any garbage, refuse, yard waste or recyclables collector vehicle to operate on any street other than a arterial or collector street within in any daily residential hauling zone on any day other than as permitted for the daily residential hauling zone except to collect a missed pickup, special pickup or when an observed holiday falls within that week.
(‘81 Code, § 11-7) (Ord. 440, passed 3-23-89; Am. Ord. 500, passed 12-13-90; Am. Ord. 538, passed 5-28-92; Am. Ord. 539, passed 6-9-92; Am. Ord. 751, passed 6-10-04; Am. Ord. 863, passed 6-11-09; Am. Ord. 1085, passed 1-28-20; Am. Ord. 1096, passed 7-8-21) Penalty, See § 10.99