Pursuant to M.S. § 115A.941, as it may be amended from time to time, every person who owns or occupies property within the city for business, commercial or residential purposes shall contract for collection service for mixed municipal solid waste, as defined herein, which may accumulate upon the property at least once a week, with a hauler licensed to do business in Anoka County.
(1) Residential solid waste collection license. No person shall collect garbage, refuse or recyclables from residences in the city without first securing a license from the city. The City Council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to limit the number of licenses initially issued to five, through attrition the maximum number of licenses issued shall decrease to four.
(a) License requirements. The license shall be valid for one calendar year and shall expire on June 1 of each year unless revoked sooner. For the purposes of implementing this, the licenses will first be made available to those haulers operating in the city at the time of the enactment of this chapter. All persons engaged in the business of individual residential collection in the city shall secure a license by June 1, 1993.
(b) The license is non-transferable, unless approved by the City Council. The licensee shall not be entitled to refund of any license fee upon revocation or voluntarily ceasing to carry on the license activity.
(c) An applicant for a license shall make application to the City Clerk or a designated representative through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information:
1. The name, phone number and current business address of the applicant; and
2. A list of the place or places to which the residential solid waste and/or recyclables are to be hauled.
(d) An applicant must obtain all the insurance required by this section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to the approval by the city and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this section have been satisfied.
(e) The licensee shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance as required under the laws of the State of Minnesota and shall hold the city free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the licensee.
(f) In the event that the licensee is the sole proprietor and has not elected to provide worker's compensation insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the city.
(Ord. 36-97, passed 12-8-1997)
(g) An annual license fee shall be established by the annual fee schedule ordinance that is approved by the City Council.
(h) The City Clerk or a designated representative shall issue licenses only after receipt and review of all required forms, certificates and fees and they are confirmed to comply with the provisions previously stated. An applicant denied a license by the city may have the decision reviewed by the City Council. The applicant shall request review by the City Council in writing within ten days after denial of the license.
(2) Duties and obligations of the licensed collector. A licensed garbage, refuse and/or recyclables operator must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license.
(a) The licensee shall notify the city of any change to their application materials in a timely manner.
(b) The licensee shall comply with all state, county, local laws and regulations.
(c) No collection of garbage, refuse, yard waste and/or recyclable materials shall be made except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural disasters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse and/or recyclables and the licensee shall collect the materials on those days.
(d) The licensee shall offer residential customers at minimum, a three tiered rate volume option, where the rate charged for garbage collection increases as the volume of garbage collected increases, with a minimum of three volume categories.
(e) The licensee shall not impose a greater charge on residential customers who recycle than those who do not recycle.
(f) Each licensed garbage, refuse and/or recyclables 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 or public place longer than is reasonably necessary to collect garbage, refuse, yard waste and/or recyclables. The licensee shall also ensure that the immediate collection site is left tidy and free of litter.
(3) Mandatory recycling for residential solid waste haulers.
(a) Each licensed garbage, refuse and/or recyclables collector shall provide its residential customers with an opportunity to recycle through the at least biweekly curbside collection of targeted recyclables.
(b) The curbside collection of targeted recyclables shall be on the same day as the collection of the customer's garbage and/or refuse, but may occur at a different time within that day. The targeted recyclables collection shall be from a location at or near the customer's garbage/refuse collection site or other location mutually agreeable to the hauler and the customer.
(c) Nothing herein shall be construed to prevent a licensee from offering curbside collection for other recyclable materials, in addition to the targeted recyclables.
(d) Adequate notification as to why recyclable material was not picked up must be left with any recyclable material(s) left at curbside.
(e) The licensee is also deemed the owner of the recyclables upon collection, the licensee may market them.
(f) Each licensee shall submit a quarterly report to the city that identifies the weight in tons of recyclables and the volume in cubic yards of yard wastes that were collected by the licensee from city residences.
(4) Indemnification. The licensee shall hold the city harmless from all damages and claims of damages that may arise by reason of any negligence of the licensee or the licensee's agent or employee while engaged in the performance of the work and services covered by the license requirements and shall indemnify the city against all claims, liens, expenses and claims for liens for work, tools, machinery, materials or insurance premiums or equipment or supplies and against all loss by reason of failure of the licensee in any respect to fully perform all obligations outlined in the duties and obligations of licensed residential solid waste collectors.
(5) License revocation. The City Council may suspend or revoke the license of any hauling company whose conduct is found to be in violation of the provisions of this chapter.
(6) Anti-scavenging provision. It is unlawful for any person or business to scavenge, collect or otherwise remove garbage, refuse, recyclables or yard waste that has been placed at the curb or in recycling containers, without a license from the city and an account relationship with the owner, lessee or occupant of the premises.
(7) Penalty. Any person convicted of violating this chapter shall be guilty of a petty misdemeanor. The penalty may be imposed in addition to suspension or revocation of the license.
(Prior Code, § 507.04) (Am. Ord. 05-11, passed 1-24-2011)
Cross-reference:
City fee schedule, see § 218.01