§ 98.31 PRE-COLLECTION AND COLLECTION.
   (A)   Pre-collection.
      (1)   All persons, who are owners, lessees, and occupants of any building, commercial or residential, within the City of Brooklyn Park, which generates mixed municipal solid waste, must separate from all solid waste the recyclable materials and yard waste before disposal, removal or collection.
      (2)   All recyclables, source separated organics, and yard waste must be placed in approved containers in a manner consistent with the rules, regulations and procedures adopted by the city.
   (B)   Container and storage requirements.
      (1)   All persons who are owners, lessees, or occupants of any building, commercial or residential must either utilize containers provided by the city for recyclable materials, or containers provided by their recyclables hauler, and all containers for recyclable materials must be:
         (a)   Maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations;
         (b)   Located in such a manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulations; and
         (c)   Adequate and substantial enough to contain the recyclable materials.
      (2)   Collections of recyclable materials must be of sufficient frequency as to avoid unsightliness, odor, insect infestations, vermin infestations, and any other public health or public safety hazards.
   (C)   Collection, hauling and processing. The collection, hauling and processing of recyclable materials from residential properties must be supervised by the city, which has the power to establish, by resolution, the time, method and routes of service. Special times for special collection projects may also be designated. Collection provisions include the following:
      (1)   Notice of dates and times of collection will be published or otherwise made available to persons affected herein.
      (2)   The Department may establish drop-off or collection sites where any person may deposit recyclable materials and/or yard waste at such times and locations as determined.
      (3)   It is unlawful for any person other than employees of the Department, or authorized persons, licensed collectors or haulers to collect, remove or dispose of recyclable materials after the materials and/or yard waste have been placed or deposited for collection.
      (4)   Nothing in this subchapter abridges the right of any person to give or sell their recyclable materials and/or yard waste to any recycling and composting program lawfully operated for profit, non-profit or charitable purposes.
      (5)   Nothing in this subchapter abridges the right of any authorized recycling or composting program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law.
      (6)   It is unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclable materials and/or yard waste combined with other forms of mixed municipal solid waste.
   (D)   Yard waste. Yard wastes must be kept on site separate from recyclable materials and from refuse as defined in § 98.01 of this chapter. If yard wastes are kept on site, yard wastes must be composted or stored in an acceptable manner so as to not create an unreasonable odor or other condition that is obtrusive or annoying to others. If yard wastes are removed from the site, they must be taken in a sanitary manner to an approved yard waste recycling or composting site or removed by a licensed hauler by placing the material in bags or approved containers and set out for collection at the time and location prescribed by a licensed hauler.
   (E)   Exception. Nothing in this section prevents persons from hauling recyclable materials from their own residences or business properties provided the following rules are observed:
      (1)   That all recyclable materials are securely transported to prevent leaks, spills or material loss.
      (2)   That recyclable materials may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable materials hauler.
      (3)   Recyclable materials must be stored so as to be out of the public view insofar as possible.
('72 Code, § 437:05) (Ord. 1989-634(A), passed 9-25-89; Am. Ord. 2021-1262, passed 5-10-21) Penalty, see § 98.99