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) Commercial solid waste collection license. No person shall collect garbage, refuse or recyclables from commercial establishments, multi-family dwellings or manufactured home parks in the city without first securing a commercial solid waste collection 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 seven, through attrition the number of licenses issued shall decrease to four.
(Ord. 05-94, passed 4-11-1994; Am. Ord. 17-95, passed 11-13-1995)
(a) License requirements. All persons engaged in the business of mixed municipal solid waste collection from commercial establishments, multiple dwellings or manufactured home parks in the city shall secure a commercial solid waste hauler license by June 1, 1994.
(b) An annual license fee shall be established in the annual fee schedule approved by the City Council. A licensee that has a residential solid waste collection license shall not be charged additional license fees for a commercial solid waste license. Additional requirements are the same as for residential haulers.
(2) Duties and obligations of the licensed collector - commercial haulers. A licensed commercial garbage, refuse and/or recyclables collector 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 operate in a manner consistent with its application materials and shall provide notice to the city within ten days of any change in the information, forms or certificates filed as part of the license application process.
(b) The licensee shall comply with all state, county and local laws and regulations.
(c) 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.
(d) No collection of garbage, refuse, yard waste and/or recyclable materials shall be made except between the hours of 6:00 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.
(3) Mandatory recycling service for solid waste haulers - commercial. Each licensed garbage, refuse and/or recyclables collector shall provide its commercial customers with an opportunity to recycle at least three recyclable materials through the weekly collection of recyclables.
(a) The 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.
(b) The recyclable materials collected shall be those mutually agreed upon by the hauler and the customer.
(c) Each licensee shall submit a quarterly report to the city that identifies the type and weight in tons of recyclables that were collected by the licensee from city commercial establishments, multiple- family dwellings and mobile home parks.
(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) 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, § 507.05) (Am. Ord. 05-11, passed 1-24-2011)
Cross-reference:
City fee schedule, see § 218.01