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HomeMy WebLinkAboutOrdinance 1181ORDINANCE NO. 1181 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SOLID WASTE The City of Coltwabia Heights does ordain: SECTION 1: Section 8.301(1) to 8.301(9), inclusive, of Ordinance 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Chapter 8 PUBLIC HEALTH AND SAFETY Article III Garbage and Rubbish Section 1: 8.301 (1) Storage Containers Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage and rubbish, as defined herein, which may accmmulate upon such property at least once a week. For purposes of this Code: (a) garbage shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any 8.301 (2) (b) rubbish shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish, and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers or up to thirty-tw~ (32) gallon or seventy-five (75) pound capacity. The containers s~ball be tightly covered to prevent exposure of the contents to potential fly or vermin infestations, and shall be provided with handles for ease of lifting. 8.3ol (3) Notwithstanding the provisions of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. 8.301 8.301 (5) 8.3Ol (6) All acc,~.ulattons of garage and rubbish must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) bundles of newspapers, and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christm~ trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.), and (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door, provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. Refuse or garbage for co..-zn, ercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located i,,~ediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property so that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery, (b) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as the Council'may require. 8.3Ol (?) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than that authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute an offense punishable under Section §8.301 (9). 8.301 (8) Every householder and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Col~bia Heights and its designated garbage and rubbish hauler. 8.301 (9) Any person, firm, or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any real estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three Hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Sh~11 hereafter read as follows, to wit: Chapter B PUBLIC HEALTH AND SAFETY Article III GARBAGE, RUBBISH AND RECYCLABLE MATERIAL Section I: Storage Containers 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. For porposes of this code: (a) "Garbage" shall be defined as organic refuse resulting.from the preparation of food and decayed and spoiled food from any (b) "Rubbish" shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. (c) "Recyclable M~terials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. 8.3ol (2) Every person reponsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to a thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. 8.30~ (3) 8.30~ (4) 8.30 (5) One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provision of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each co,~,ercial and industrial establishment or restaurant necessitating the storage and disposal of garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. All acct~ulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christm~ trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.); and (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture. shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. Where alleys are platted and open for traffic, garbage can~ ah&Il b~ placed at the rear of said property adjoining the alley. Where no alleys exists, garbage cans will be kept at or near the back door; provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. All authorized City recycling containers shall be placed at the curb line on pick-up day regardless of existing alleys. 8.3Ol (6) 8.301 (7) 8.3D1 (8) 8.301 (9) Refuse or garbage for oo,,,ercial and industrial properties s~ll be located to the rear property line of the building. Said containers shall be located i~nediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301 (9). Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Col~bia Heights and its designated garbage and rubbish hauler. Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more that Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. SECTION 2: Section 5.605 (1) to 5.605 (7), inclusive, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wi~: SECTION V 5.605 (1) GARBAGE COLLECTION No person shall engage in or conduct the business of collecting garbage or rubbish without a license issued pursuant to the provisions of this chapter. 5.605 (2) a) b) For purposes of this section, the below-named words shall have the maanings ~scribed £o.them. "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. Application for a license under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any identifying license or serial numbers. The application shall further indicate the place or places where the garbage and rubbish will be disposed of. 5.605 (4) After a license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be One Hundred Thousand Dollars for bodily injuries to or death of one person, and Two Hundred Thousand Dollars for any one accident resulting in injuries and/or death to more than one person, and a total of Ten Thousand Dollars liability for damages to property of others arising out of any one accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be Twenty Thousand for any one person, Forty Thousand for any one accident, property damage of Five Thousand, and with a maximum total liability of Fifty Thousand. 5.6O5 (5) 5.6C5 (6) 5.605 (7) 5.6O5 5.605 Licensees shall provlde a covered receptacle for the storage of collected refuse. The receptacle sb~ll be constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 A.M. and 10:00 P.M., and shall make collections in a m~nner that will minimize traffic disruption. Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage and rubbish removal is not effected in accordance with the terms of the contract between the City and the licensee. Such notice shall indicate the reason for failure to collect the garbage or rubbish, and a copy of said notice shall be filed with the Cle4-k. Shall hereafter read as follows, to wit: No person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provision of this chapter. For the purposes of this section, the below-named words shall have the meaning ascribed to them. (a) "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any SOurce. (b) "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. (c) "Authorized Recycling Program" shall mean a program for the collection and recycling of recyolable materials which are instituted, sponSOred, authorized or controlled by the City. (d) "RecyclableMaterials" shall mean all it~ of garbage and rubbish designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. 5.6O5 (3) 5.6O5 (q) 5.605 (5) 5.6O5 (6) 5.605 (7) (e) "Scavenging" shall mean the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbside recycling Application for a l~cense under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any identifying license or serial n,,,bers. The application shall further indicate the disposition site for the garbage, rubbish and recyclable materials. After the license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars ($200,000.) for bodily injuries to or death of one person, and Six Hundred Thousand dollars ($600,000.) for any one accident resulting in injuries and/or death to more than one person, and a total of Fifty Thousand dollars ($50,000.) liability for damages to property of others arising out of any accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be T~o Hundred Thousand dollars ($200,000.) for any one program, Six Hundred Thousand dollars ($600,000.) for any one accident, and property damage of Fifty Thousand dollars ($50,000.). Licensees shall provide a covered receptacle for the storage of collected solid waste. The receptacle shall be oonotructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to rake all collections between the hours of 6:00 A.M. and 10:00 P.M. and shall make collections in a manner that will minimize traffic disruption. Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage, rubbish and recyclable materials removal is not effected in accordance with the terms of the contract between the City and the licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the Clerk. 5.60~ (8) 5.605 (9) It~ designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. Ownership of recyclable materials set out for the purpose of participating curbside recycling programs shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and reponsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. SECTION 3: Section 5.701 of the City Code of 1977, p~ssed June 21, 1977, which currently reads as follows, to wit: Chapter V COPIiERCIAL LICENSING Article VII Compliance Section 1: Violations 5.701 (1) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or operates any of the businesses described in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor has expired is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 5.70 (2) Any person, firm, or corporation who provides false information, makes a material misrepresentation, or fails to disclose material information under the provisions of Section 5.101 (2) of this Code is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. hereafter read as follows, to wit: Chapter 5 ~RCIAL LICENSING Article VII Compliance ~ection 1: Violations 5.?o (1) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or operates any of the businesses described in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor has expired is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 5.701 (2) Any person, firm, or corporation who provides false information, makes a material misrepresentation, or fails to disclose material information under the provisions of Section 5.101 (2) of this Code is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. 5.701 (3) Any person, firm, or corporation who shall take, collect, or scavenge recyclable material set out for the authorized collection program within the City, without having first been licensed hereunder to do so, is guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. ~ECTION 4: This Ordinance shall be in full force and effect from and after thirty days after its passage. First reading: Second reading: Date of passage: March 13, 1989 March 27, ]989 March 27, ]989 Offered by: Hadtrath Seoonded by: Pet koff :Roll 0~11: All ayes Anne Student, CouneFi-Secretary H~ t~ra~th, Mayor