HomeMy WebLinkAboutOrdinance 1231ORDZITANCE NO. 1231
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1181,
ANBlqDING ORDINANCE NO. 853, CITY CODE OF ~977v
PERTAINING TO 8OLID W~BTE
The City of Columbia Heights does ordain:
Section 1:
Chapter 8
Article III:
Section 1:
8. 301 (1)
8.301 (2)
Chapter 8, Article III Section 1 of Ordinance No.
1181, passed March 27, 1989, which currently reads
as follows, to wit:
Public Health and Safety
Garbage and Rubbish and Recyclable Material
Storage Containers
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 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 source.
(b)
"Rubbish" shall refer to all inorganic refuse
matter such as tim cans, glass, paper, ashes,
etc.
(c)
"Recyclable Materials" 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.
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 of up to thirty-
two (32) gallon or seventy-five (75) pound
(3)
8.301 (4)
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.
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 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.
Ail accumulations 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)
Christmas 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
2
3Ol
3ol (6)
s.301 (7)
(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. All
authorized City recycling containers shall be
paced at the curb line on pick-up day regardless
of existing alleys.
Refuse or garbage for commercial and industrial
properties shall be located to the rear property
line of the building. Said containers shall be
located immediately 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 permittad
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).
8.301 (8)
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 Columbia Meights 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 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 Seven Hundred
dollars ($700.00) or to imprisonment not to exceed
ninety (90) days, or both, for each offense.
is herewith amended to read as follows:
Chapter 8
Public Health and Safety
Article III Garbage, Rubbish and Recyclable Material
Section 1:
Storage Containers
8.301
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.
Yard waste as defined herein, which may accumulate
upon such property shall be disposed of at least
once a week during the yard waste season as
determined by the City Manager. This provision
does not apply to composting permitted by section
8.30 (6).
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 source.
4
(b)
"Rubbish" shall refer to all inorganic refuse
matter such as tim cans, glass, paper, ashes,
etc.
(c)
(d)
"Recyclable Materials" 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.
"Yard Waste" shall mean grass, clippings,
leaves, weeds, garden waste, and soft bodied
green herbaceous material under one inch (1")
in diameter.
(e)
"Composting" shall mean any above ground
microbial process that converts yard waste to
organic soil amendment or mulch by
decomposition of material through an aerobic
process providing adequate oxygen and
moisture.
(f)
"Sheet Composting" shall mean the spreading,
incorporation or application of raw or
composted yard waste onto land.
8.301 (2)
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 of up to 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. Containers for
the storage of garbage and rubbish shall be
maintained in a manner which will prevent the
creation of a nuisance or menace to the public
health, safety and general welfare. Containers
which are damaged, broken or otherwise create a
nuisance or menace to public health, safety and
general welfare shall be replaced with acceptable
containers.
Disposal of yard waste shall be from plastic or
paper biodegradable bags no larger than thirty-
five (35) gallon garbage can liner size not
exceeding thirty-five pounds (35 lbs.), or a
permanent ventilated thirty-two (32) gallon fly-
right metal or thermoplastic container which is
5
s.301 (3)
8. 301 (4)
clearly identified as containing yard waste and
weighing no more than seventy-five pounds (75
lbs.). Containers for the storage of yard waste
shall be maintained in a manner which will prevent
the creation of a nuisance or menace to the public
health, safety and general welfare. Containers
which are damaged, broken or otherwise create a
nuisance or menace to public health, safety and
general welfare shall be replaced with acceptable
containers.
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 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.
Ail accumulations of garbage, rubbish and yard
waste 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.);
8. 301 (5)
(d)
Christmas 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.)
(f)
Yard waste in plastic or paper biodegradable
bags (no larger than permitted 30 gallon
garbage can liner size), not exceeding
thirty-five pounds (35 lbs.), or a permanent
ventilated thirty-two (32) gallon fly-right
metal or thermoplastic container weighing no
more than seventy-five pounds (75 lbs.) with
handles; and
(g)
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 from the front yard. Garbage cans must
be removed from your curb line within twenty-four
(24) hours after scheduled collection, and cannot
be placed on the curb line more than twenty-four
(24) hours before scheduled collection. All
authorized yard waste containers shall be placed
on the alley line, where alleys are platted and
open, separated from garbage and refuse, or at the
curb line in areas where no alleys exist. All
authorized City recycling containers shall be
paced at the curb line on pick-up day regardless
of existing alleys.
7
8. 301 (6)
Composting is prohibited for any owner or occupant
of property within the City for business,
commercial, industrial or residential purposes,
except as hereinafter provided:
(a)
Composting shall be established in such a
manner so as not to create an odor or other
condition that is a nuisance;
(b)
Composting may consist only of yard waste,
wood ash, and sawdust generated from the site
on which the composting is located;
(c)
Composting must be in a back yard and must be
five (5) feet from any side or rear yard lot
line and no closer than twenty (20) feet to
any habitable building, other than the
resident's own home, or less than two (2)
feet from the alley if any alley exists;
(d)
Composting shall be conducted within an
enclosed container(s) not to exceed a total
of one hundred (100) cubic feet in volume for
city lots less than ten thousand (10,000)
square feet, and five (5) feet high, the
container(s) shall be of a durable material
such as wood, block, or sturdy metal fencing
material;
(e)
Sheet composting shall cover no more than
.025 of the total lot area, and in no case
exceed 500 square feet, must be in a back
yard, and must be five (5) feet from any side
or rear yard lot line. Sheet composting must
be incorporated directly into the soil; and
(f)
None of the following materials shall be
placed in the composting container(s): meat,
bones, fat, oils, dairy products and other
kitchen wastes, whole branches or logs,
plastics, synthetic fibers, human or pet
wastes or diseased plants.
8.301 (7)
Refuse or garbage for commercial and industrial
properties shall be located to the rear property
line of the building. Said containers shall be
located immediately 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.
8. 301 (8)
8. 301 (9)
8.301
(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.
Major appliances are managed as a separate waste
stream under Minnesota Statute 115A.9561. Major
appliances are defined as:
clothes washers and dryers, dishwashers, hot
water heaters, garbage disposals, trash
compactors, conventional ovens, ranges and
stores, air conditioners, refrigerators,
freezers, humidifiers, dehumidifiers and any
other appliances specified in Minnesota Waste
Management Act amendments.
The City will establish a collection and disposal
program for major appliances. Every household and
every occupant or owner of any dwelling, house,
boarding house, apartment buildings, or other
structure utilized for dwelling purposes within
the City of Columbia Heights must use the major
appliance program made available by contract by
the City of Columbia Heights.
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 Columbia Heights and its
designated garbage and rubbish hauler.
9
8.301
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 than Seven Hundred
dollars ($700.00) or to imprisonment not to exceed
ninety (90) days, or both, for each offense.
Section 2:
This Ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
Se~&~ber
September ~, 1~1
Offered by: Ruett;mann
Seconded by: Peter son
Roll Call: All ayes
-An~e Student, ~ouncil Secretary
Edward Carlson, Mayor
10