Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. GARBAGE. Organic waste resulting from the preparation of food and decayed and spoiled food from any source.
(Ord. 198, Second Series, passed 9-18-89)
(Ord. 198, Second Series, passed 9-18-89)
D. REFUSE. Includes garbage and rubbish, but shall not include sewage.
E. RUBBISH. Non-garbage solid waste such as tin cans, glass, paper, sweepings, clippings, ash, leaves and the like.
Subd. 2. Disposal required. Every person shall, in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him or her in accordance with the terms of this section. Garbage shall be collected or otherwise lawfully disposed of, at least once each week during the year.
Subd. 3. Deposit of garbage or refuse. It is unlawful:
A. To deposit garbage or refuse in the container of any other person, except the householder’s own container without the prior permission of the other person;
B. For a householder currently obtaining garbage and refuse service from a licensed garbage hauler to permit persons not living in the same household to deposit garbage or refuse in the householder’s containers without giving licensee notice so that a proper additional charge may be made for the service;
(Ord. 240, Second Series, passed 4-30-91)
C. To deposit refuse or garbage in a public receptacle in a park, except for refuse or garbage normally generated from picnics and similar social activities carried on in the park;
D. For any person to deposit anywhere within the city any refuse in a manner that it may be carried or deposited by the elements upon any public place or any other premises within the city;
E. For any person to place any refuse in any alley, street or public place or upon private property, except in proper containers for collection or other lawful disposal; (It is also unlawful for any person to throw or deposit refuse in any stream or other body of water.)
F. For any person to bury any refuse in the city; and/or (This subparagraph does not prevent anyone from composting leaves, grass clippings and other easily biodegradable, non-poisonous garbage on his or her own premises so long as it does not create offensive odors, health, safety or sanitation problems.)
G. For any person to deposit hazardous waste in any garbage or refuse receptacle for pickup by a licensed garbage or refuse hauler. “Hazardous waste,” for this purpose, shall mean the same as that term is defined in M.S. § 116.06, Subd. 13, as it may be amended from time to time.
(Ord. 27, Second Series, passed 12-12-81)
Subd. 4. Containers.
A. General requirement. Every householder, occupant or owner of any residence and any restaurant, industrial establishment or commercial establishment shall provide on the premises one or more containers to receive and contain all refuse which may accumulate between collections or other disposal. All normal accumulations of refuse shall be deposited in such containers, except that leaves, trimmings from shrubs, grass clippings, shavings, excelsior and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements of Subpar. B. Tree limbs under four inches in diameter in five-foot lengths and tied in bundles not to exceed 60 pounds, bundles of newspapers, cardboard or magazines tied securely not to exceed 60 pounds. Furniture, rugs and carpeting will be accepted by a licensed hauler if notified 24 hours in advance of regular pickup time. The following articles will not be accepted as refuse and must be deposited at a designated demolition site: stone, sod, earth, concrete, building materials unless placed in covered garbage cans, automobile parts, except tune-up parts, inflammable liquids, tree trunk sections over four inches in diameter. Tires and white goods need not be accepted as refuse by licensed garbage haulers, but shall be disposed of at the depository as designated by the County Board.
B. Container requirements. Each container shall be watertight, shall be impervious to insects and rodents and shall not exceed 32 gallons in capacity, garbage containers when full shall not exceed 60 pounds in weight, when waste is collected by licensed haulers by mechanical lifting devices, the use of the container shall not exceed 90 gallons or limited, as defined by the hauler. Containers shall be maintained in good and sanitary condition. Any container not conforming to the requirements of this section or having ragged or sharp edges or any other defect likely to hamper or injure the person collecting the contents shall be promptly replaced after notice by the city. Notwithstanding the foregoing, grass clippings and leaves may be temporarily stored in bags provided by licensed garbage haulers for pick up by licensed garbage haulers or in plastic bags provided by the owner for ultimate disposal at a site designated by the Council.
1. Garbage containers shall be placed in a driveway or open area outside of the garage or where public alley - garbage shall be placed adjacent to the alley, easily accessible for pickup to be made. Other refuse - properly bagged or bundled such as leaves, clippings or brush shall be placed by the curb of the street or by the alley for collection. Containers must be placed properly for pickup prior to 5:30 a.m. on the day of collection to insure service.
2. At the request of the garbage hauler, garbage containers may be placed on boulevard, curbside or other convenience place in front yard for collection, but the containers shall not be permitted to remain on curbside or in front yard for more than 24 consecutive hours.
(Ord. 240, Second Series, passed 4-30-91)
D. Use of containers. Refuse shall be drained of liquid and household garbage shall be wrapped before being deposited in a container. Highly inflammable or explosive material shall not be placed in containers.
Subd. 5. Recyclables.
A. Definitions. For the purpose of this subdivision, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. RECYCLABLE MATERIALS. Newsprint, cardboard, glass jars and bottles, mixed aluminum and bi-metal beverage containers, other aluminum, tin food cans, such plastic and other materials as may be deposited by the Council from time to time.
2. RECYCLING COLLECTION. Taking up of all recyclable materials accumulated at residential properties and recycling drop boxes and the transporting of the recyclable materials to the recycling center.
3. RECYCLING DROP BOXES. Structures owned and designated by the county in which recyclable materials shall be placed for collection from larger apartment complexes and other designated areas.
4. LARGER APARTMENT COMPLEXES. Apartments and condominiums providing for group collection of eight or more households.
5. RECYCLING CENTER. Premises designated by the county as the approved site for receipt, storage and processing of recyclables.
6. RESIDENTIAL HOUSEHOLDER. A person or group of persons living together as one separate family unit.
B. Dates of collection. The city, in cooperation with the county, shall designate days for collection for each residential householder which information shall be published in the legal publication of the city designated for legal publications.
C. Pick up and handling. In order to facilitate the pick up and handling of recyclable materials by recyclable material collectors, it shall be the duty of every occupant of a dwelling house and residential household who participates with the recycling program to separate from wet garbage and other refuse, recyclables which shall be prepared by the residential householder for pick up as follows:
1. Recyclable materials shall be prepared for collection as follows:
a. Newsprint and non-glossy paper placed in a recycling bin, paper bag or cardboard box or tied in bundles and then placed in a recycling bin, paper bag or cardboard box; (Newsprint shall be bound or otherwise packed sufficiently to keep it intact when being handled or placed on the curb and shall be protected from the elements as much as possible.)
b. Glass jars and bottles, caps and rings removed, rinsed, placed in a recycling bin, paper bag or cardboard box;
c. Aluminum and bi-metal beverage containers and tin food cans, labels removed, rinsed and placed in a recycling bin, paper bag or cardboard box;
d. Cardboard, either pressed or corrugated, flattened and placed in a paper bag or tied in bundles no larger than three feet in length, width and not over one foot in depth and not over 60 pounds in weight;
e. Plastic, caps and rings removed, rinsed and placed in a recycling bin, paper bag or cardboard box; and
f. The recyclables shall be separated for collection as follows:
i. One bin shall contain newspapers and cardboard.
ii. One bin shall contain only plastics.
iii. One bin shall contain only tin cans, aluminum cans and glass.
2. The residential householder shall have the option of depositing the recyclables on curbside or if consented to by the collector to be deposited for collection at the normal place where their garbage is collected or bring their recyclables directly to the county recycling center or designated drop off center.
3. Owners of apartment buildings containing eight or more residential units must provide opportunity for the residents of their building to recycle. The owner of the apartment building must provide space for the county-owned drop box or provide such other facility for recyclables which can be serviced and will be in compliance with the recycling program as is operated by the city in cooperation with the county.
D. Persons not using residential or commercial licensed hauling services may arrange for pick up of recyclables by contacting one of the licensed commercial collectors designated by the county for that purpose or deliver the recyclables directly to the recycling center.
E. All recyclable materials placed for collection shall be owned by and be the responsibility of the occupants of the residential properties. Once the containers containing the recyclable materials have been picked up, the recyclable materials shall become the property of the county.
F. It is unlawful for any person to mix garbage or other refuse with recyclables when placed for collection of recyclables.
G. The bins containing recyclables and other recyclables shall not remain in the place deposited for collection for more than 24 hours. If, for any reason, the same have not been picked up for collection, the residential householder shall be responsible for having the recyclables removed from the place of collection or curbside within the 24-hour period.
H. It is unlawful for any person to scavenge, disturb or remove recyclables which have been placed on curbside or other designated place for collection by anyone other than the other or licensed commercial hauler.
(Ord. 198, Second Series, passed 10-1-89)
Subd. 6. General regulations. Any unauthorized accumulation of refuse on any premises is a nuisance and prohibited. If the City Sanitarian finds that the accumulation of refuse constitutes a health or safety hazard, he or she shall notify the property owner or occupant of the property by certified mail that the nuisance will be abated within a specified time not less than five days from the date of mailing the notice. The City Sanitarian shall immediately report the action to the Council and after the expiration of the time limited by the notice, he or she may abate the nuisance by causing removal of the refuse. Upon receipt of the City Sanitarian’s report, he or she shall proceed against the property owner or occupant to collect the cost of abating the nuisance and if not collected within a reasonable time, the cost thereof shall be assessed against the property owner after notice of hearing thereon has been mailed to the property owner and a hearing held on the same. On or before September 1 of each year, the City Recorder shall list the total unpaid charges of each abatement against each separate lot or parcel to which they are attributed under this section. The Council may then spread the charges or a portion thereof, against the property involved as a special assessment under M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor for collection in the following year along with current taxes. In the event the City Sanitarian shall find that the accumulation of refuse constitutes an immediate and imminent health hazard, he or she shall cause the nuisance to be immediately abated, report on the same to the Council, who shall thereupon collect the charges from the property owner or the occupant of the property, and if not collected within a reasonable time, to thereupon proceed to levy the same as an assessment as above set forth.
(`80 Code, § 10.01) Penalty, see § 1.99