(A) Licensing requirements.
(1) License required.
(a) It is unlawful for any person to haul garbage, recyclables, bulky waste or yard waste without the appropriate license issued by the city under this chapter unless the person is hauling from their own residence or commercial establishment in accordance with the provisions of § 50.002(B) of this chapter.
(b) Haulers collecting garbage, recyclables, bulky waste, yard waste, electronic waste or any combination thereof from residential areas, commercial establishments, multiple-unit dwellings and/or mobile home parks must be licensed by the city.
(2) Conditions of license. Each license shall be applied for, issued and renewed and may be suspended or revoked, as provided by this chapter, and each licensee shall comply with all applicable requirements of this chapter and with the city solid waste management standards.
(3) Application for license. Any person desiring a license to collect garbage, recyclables, bulky waste, yard waste, electronic waste, or any combination thereof, shall make application for the same to the City Administrator upon a form prescribed by the city. The applicant shall set forth the following:
(a) The name and address of the applicant;
(b) A list of the equipment which the applicant proposes to use in the collection;
(c) The place or places to which the garbage, yard waste and/or recyclable materials will be hauled; and
(d) The name of the processing or disposal facility and the manner in which the garbage, yard waste and/or recyclable materials is to be processed or disposed of.
(4) Liability insurance. Before a license is issued, the applicant shall file with the City Administrator evidence that the applicant has in effect public liability insurance for the hauler’s business and for all vehicles in the city solid waste management standards.
(5) License fee. Before a license is issued, the applicant shall pay to the city a license fee per the city’s approved fee schedule, which shall accompany the application.
(6) Expiration of license. No license issued shall be for a longer period than one year, and all licenses shall expire on December 31 of each year.
(7) Suspension or revocation. Licenses may be suspended or revoked by the Council, after the licensee has been given a reasonable notice and an opportunity to be heard, for the violation of any provisions of this chapter or for the violation of any conditions or restrictions in the motion granting the license or any motion passed by the Council or upon failure of the licensee to comply with any conditions, order or direction issued by the city. Continued willful or egregious violations of this chapter by any licensed or unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the City Council.
(B) Operating requirements and restrictions.
(1) All licensees. All licensees shall comply with all of the following requirements and restrictions.
(a) Hours and days of operation. No hauler shall operate in a residential district after 6:00 p.m. or before 7:00 a.m. of any day, and no hauler shall operate in a residential district on Sundays or legal holidays. Collection of solid waste for single-family residences shall occur only on Thursdays, except when Thursday is a legal holiday. In the case of a legal holiday, the collection will occur the following business day. Slight schedule changes may be made, with sufficient advance notice by the hauler for adverse weather conditions or other.
(b) Vehicle weight restrictions. All haulers operating on a route in a residential district shall operate vehicles on city streets within the weight allowed by M.S. § 169.825, subd. 10, as it may be amended from time to time.
(c) Vehicle equipment and maintenance. Licensees shall have covered watertight, packer-type vehicles or, in the case of recycling, appropriate container vehicles in good condition and which prevent loss in transit of liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street longer than reasonably necessary to collect garbage, rubbish, recyclable materials or yard waste.
(d) Curbside recycling. Curbside recycling collection must be made available to all residential customers. The service shall include weekly collection of all recyclable materials on the same day as garbage collection for residences. A bi-weekly collection period for recyclable material is permissible; provided, the hauler provides single-sort service and a collection container equal to or larger than the provided garbage container.
(e) Season. Each licensee shall separately collect and dispose of yard waste on a regular basis for a yard waste season as determined in the solid waste management standards.
(f) Price. Garbage collection service shall be priced on the basis of volume consistent with state law. All billings shall be itemized so as to show all individual charges and the garbage service level unit basis (such as, dollar per size of cart).
(g) Special service collection. Arrangements shall be made for customers to accommodate documented physical health concerns, including “back door” collection if needed.
(h) Exhibition of license. Each vehicle for which a hauler’s license is issued shall exhibit the license in a prominent position on the vehicle.
(i) Education and information to customers. All licensees shall provide information to all customers that may be required by county, state or federal governments, including requirements to recycle, methods by which to recycle, disposal and processing locations, tax and fee schedules or information required in the standards.
(2) Dumping facilities. All garbage, bulky waste, electronic waste, recyclables, source separated organic waste and yard waste shall be dumped or unloaded only at facilities that comply with state laws and regulations and county policies and are in conformance with the city solid waste management standards.
(3) Disposal processing/marketing of recyclable materials. Designated recyclable materials shall be taken to a recyclable material processing center, an end market for sale or reuse or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility.
(4) Additional restrictions for multiple-unit dwelling, commercial establishment and mobile home park haulers. In addition to the other requirements of this chapter, haulers servicing commercial establishments, mobile home parks and multiple-unit dwellings shall comply with the following.
(a) Collection of garbage and convenient collection of recyclables shall occur on a weekly basis, or more frequent, for all multiple-unit dwelling, commercial establishment and manufactured home park customers. A bi-weekly collection period for recyclable material is permissible; provided, the hauler provides single-sort service and a collection container equal to or larger than the provided garbage container.
(b) Collection of bulky wastes will be provided as needed; however, all bulky waste must be contained in the garbage and recycling enclosure and may not remain in the enclosure longer than one week.
(C) Reporting of garbage, recyclables and yard waste. All licensees shall report to the city the amount of recyclable materials and yard waste collected. This shall be done monthly on a form provided by the city. The quantities shall be reported by tonnage. All licensees that haul recyclables shall report on a monthly basis to the city those residential customers that do not participate in the recycling program. Failure to certify accurate reports within the time specified by the city may be cause for suspension or revocation of a hauling license.
(Prior Code, § 603.06) (Ord. 486, passed 04-23-1990; Ord. 713, passed 05-19-2003; Ord. 737, passed 06-24-2004; Ord. 844, passed 05-20-2010; Ord. 897, passed 02-09-2015; Ord. 981, passed 11-08-2021)
Penalty, see § 50.999