90-034 ORD
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NOTICE OF PUBLICATION
CITY COUNCIL OF THE CITY OF ELK RIVER
ORDINANCE NO. 90 - 34
AN ORDINANCE AMENDING SECTION 602 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES RELATING TO THE REGULATION OF
THE DISPOSAL AND COLLECTION OF REFUSE WITHIN THE CITY OF
ELK RIVER
The City Council of the City of Elk River hereby amends its
City Code of Ordinances and does ordain as follows:
Section 1. Section 602 of the Code of Ordinances is
repealed in its entirety.
Section 2. The Code of Ordinances Section 602 is
revised as it relates to the regulation of refuse disposal
and collection generally and in particular is revised in an
effort to encourage recycling and to discourage the use of
landfills and the improper disposal of refuse, implementing
mandatory collection of mixed municipal solid waste and
mandatory separation and collection of recyclable .
materials. The Ordinance sets forth definitions, general
regulations requiring residential collection and source
separation, setting forth container requirements,
contracting authority for refuse collection, licensing of
collectors and haulers, and providing for the billing and
payment of refuse collection services.
The above description of the Ordinance is a summary. A
complete copy of the Ordinance revisions are available for
review at the office of the City Clerk at the Elk River City
Hall and at the Elk River Library.
Passed and adopted this 17th day of September
, 1990.
Effective upon
publication. .
"'~"'l'-"-7 /f-- i~
Mayor James Tralle
ATTEST:
TJK:EK3s
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ORDINANCE NO. 90-34
CITY COUNCIL OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 602 OF THE CITY OF ELK
RIVER CODE OF ORDINANCES REGULATING THE STORAGE, COLLECTION,
TRANSPORTATION, AND DISPOSAL OF REFUSE AND
RECYCLABLE MATERIALS
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 602 of the Elk River City Code
of Ordinances titled "Refuse and Garbage" is repealed in its
entirety.
Section 2. That Section 602 is revised as it relates to
the storage, collection, transportation, and disposal or refuse
and recyclable materials and shall read as follows:
SECTION 602 - REFUSE AND GARBAGE
602.00 - DEFINITIONS
For the purpose of this ordinance, the following words and
phrases have the meaning given them in this Section.
COLLECTION: means the aggregation of waste from the place at
which it is generated and includes all activities up to the
time when the waste is delivered to a "waste facility."
COLLECTOR(S}: means any person(s) who owns, operates or
leases vehicles for the purposes of collection, conveyance, and
transportation of any type of mixed municipal solid waste,
recyclables and/or yard waste.
GARBAGE: means organic waste resulting from the preparation
of food and decayed and spoiled food from any source.
HAULER: means a collector or transporter of mixed municipal
solid waste recyclable materials and/or yard waste.
MIXED MUNICIPAL SOLID WASTE: means garbage, refuse and other
solid waste from residential, commercial, industrial and
community activities which is generated and collected in
aggregate, but does not include auto hulks or large auto parts,
street sweepings, ash, construction debris, mining waste,
sludges, tree and agricultural wastes, tires and other
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materials collected, processed and disposed of as separate
waste streams.
RECYCLABLE MATERIALS: means paper, plastic, tin
aluminum, motor oil, glass, and other metal goods,
separated or otherwise prepared which are intended
transportation, processing and manufacturing reuse.
cans,
each
for
RECYCLING CENTER: means premises within the city approved by
the council for receipt, storage, and processing of recyclable
materials.
REFUSE: means discarded waste
semi-liquid state consisting of
combination thereof.
materials
garbage,
in a solid
rubbish or
or
a
RUBBISH: means non-garbage solid waste such as tin cans,
glass, paper, sweepings, clippings, ash, etc.
SOLID WASTE: has the meaning given it in Minn. Stat. Section
116.06, Subdivision 10.
602.02 - GENERAL REGULATIONS
1. Any unauthorized accumulation of refuse on any premises is
a nuisance and shall be prohibited.
2. Residential Pre-Collection and Collection. For all
persons who are owners, lessees, or occupants of any
residential building wherein there are four (4) or fewer
housing units recyclable materials shall be separated from
mixed municipal waste in accordance with rules, regulations and
procedures as adopted by the City for the separation of
recyclable materials from mixed municipal waste.
3. Recyclables.
a. Paper recyclables shall be bundled separately and/or
secured in such a manner as to prevent them from being
blown or scattered, and shall be maintained in as dry a
condition as practicable free of any other substance and
shall not be placed in plastic bags.
b. Aluminum recyclables shall be clean of all contents
and such recyclables shall not be placed in plastic bags.
c. Glass recyclables shall be clean of all contents and
such recyclables shall not be placed in plast~ bags.
d. Metal recyclables shall be clean of all contents and
such recyclables shall not be placed in plastic bags.
4. Refuse in Streets, etc. No person shall place any
refuse in any street, alley, or public place or upon private
property except in proper containers for collection or other
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lawful disposal. No person shall throw or deposit refuse in
any stream or other body of water.
5. Scattering of refuse. No person shall deposit anywhere
within the city any refuse in such manner that it may be
carried or deposited by the elements upon any public place or
any other premises within the City.
6. Burying of refuse. No person shall bury any refuse in
the city except in an approved sanitary landfill. This
subdivision does not prevent anyone from composting leaves,
grass clippings and other easily biodegradable, nonpoisonous
garbage on his own premises. Composting of garbage shall be
allowed only when application has been made to and approval
granted by the Building and Zoning Administrator officer on a
finding that such composting will be done in a rodent-proof
structure and in an otherwise sanitary manner.
7. Disposal required. Every person shall, in a sanitary
manner, store and dispose of refuse that may accumulate upon
property owned or occupied by him in accordance with the terms
of this ordinance. Garbage shall be collected or otherwise
lawfully disposed of, at least once each week. Every
householder, occupant, and owner of any residence shall use the
refuse collection service provided by the City.
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602.04 - CONTAINERS
1. General requirement. Every householder, occupant, or
owner of any residence and any restaurant, industrial
establishment, or commercial establishment shall be provided by
its designated hauler on the premises one or more containers to
receive and contain all refuse which may accumulate between
collections or other disposal. All normal accumulations of
refuse shall be deposited in such containers except that
leaves, trimmings from shrubs, grass clippings, shavings,
excelsior, and other rubbish of similar volume and weight may
be stored in closed containers not meeting the requirements of
subdivision 2.
2. Container requirements. Each residential container
shall be water-tight, shall be impervious to insects and
rodents, shall be fireproof, and shall not exceed 90 gallons in
capacity. Any commercial or business establishment having
refuse volume exceeding two cubic yards per week shall provide
bulk or box-type refuse storage containers. Containers shall
be maintained in good and sanitary condition. Any container
not conforming to the requirements of this chapter or having
ragged or sharp edges or any other defect likely to hamper or
injure the person collecting the contents shall be promptly
replaced after notice by the City.
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3. Recycling containers. The City shall provide to the
owner or occupant of each dwelling unit a container for the
separation and collection of recyclable materials. The
recycling containers will, at all times, remain the property of
the City. The owner or occupant of each dwelling unit shall
leave the recycling containers at the premises upon relocation
~ and shall maintain the recycling containers in good condition.
4. Placement. Where an alley open to traffic is available,
each container for premises abutting the alley shall be placed
at the rear of the property next to the alley. Where no alley
exists, the container shall be placed near the rear door of the
building to which it relates. In that case, the container
shall be placed at the front property line for collection, but
it shall not be so placed before 7: 00 p. m. the night before
collection and shall be removed by 7:00 p.m. the day of
collection.
5. Use of containers. Refuse shall be drained of liquid
and household garbage shall be wrapped before being deposited
in a container. Highly inflammable or explosive material shall
not be placed in containers.
602.06 - CONTRACT FOR REFUSE COLLECTION
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1. Council to let contract. Subject to the provisions of
this section, the Council shall grant, by contract in
accordance with law, the authority to collect and dispose of
all mixed municipal solid waste originating within the city
generated by residential buildings of four or less contiguous
units. The City Administrator shall see that when let, the
contract is executed in accordance with its terms and this
ordinance. The Council may divide the City into districts and
let a separate contract for the collection of refuse in each
district.
2. Terms. The contract shall be made for a term of three
(3) years, subject to extension by mutual consent for an
addi tional two (2) years and to termination during the period
of the contract as provided in the contract.
3. No vested riqhts. No hauler or collector contracting or
licensed pursuant to this ordinance shall acquire a vested
right in such license. The City may, upon finding that the
Public necessity requires, determine to establish other means
of refuse collection.
4. Vehicles. All licensed vehicles shall be operated in
accordance with the following regulations.
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a. Each refuse collection vehicle shall be marked on the
outside so as to identify the contractor. Every vehicle
used for hauling garbage shall be covered, leak-proof,
durable, and of easily cleanable construction. Every
vehicle used for hauling refuse shall be sufficiently air
tight so as to prevent unreasonable quanti ties of dust,
paper, or other collected materials to escape. Every
vehicle shall be kept clean to prevent nuisances,
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pollution of insect breeding, and shall be maintained in
good repair.
b. Vehicles operated pursuant to the provisions of this
ordinance shall be excepted from the seasonal weight
restrictions place upon City roads except that:
i. No such vehicle shall be operated during the
seasonal restriction time where the gross weight on
any single axle exceeds eighteen thousand (18,000)
pounds; and
ii. No vehicle shall be operated on any road at any
time where special postings specifically prohibit
refuse collection vehicles.
c. During any period of time when weight restrictions
are imposed, each collector shall make provisions for
operation or conformance with such restrictions so that
service is not interrupted.
5. Contract collector. No person shall collect refuse or
recyclable materials within the city except the person(s)
holding a contract with the City to do so. No person shall
permi t refuse to be picked up from their premises except by
such a contractor.
e 602.08 - LICENSING OF COLLECTORS AND HAULERS
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1. No person shall engage in the business of garbage or
refuse collection or conveyance in the City unless such person
shall first secure from the City Administrator a license to do
so and pay the licensee fee herein prescribed.
2. An applicant for such license shall make such application
to the City Administrator on a form prepared by said official.
The application shall accurately state:
a. The name of the owner or licensee;
b. A description of the kind of services to be rendered;
c. A description of each motor vehicle to be used for
hauling, including the license number thereof;
d. The manner and kind of service proposed to be given
the customers and scheduled pickups; and
e. The route or area to be served.
3. No such license shall be issued until the applicant files
with the City Administrator a certificate of insurance issued
by an insurance company licensed to do business in the State of
Minnesota currently covering all vehicles to be used by the
applicant in the business. The minimum limits of coverage for
such insurance shall be:
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a. Each person injured, at least One Hundred Thousand
Dollars (100,000);
b. Each accident, at least Three Hundred Thousand
Dollars ($300,000);
c . Property damage,
Dollars (25,000).
at least Twenty-five Thousand
Such insurance shall be kept in force during the term of the
license and shall provide for notification of the City prior to
termination or cancellation. Any license issued hereunder
shall automatically be revoked upon notice of termination or
cancellation of such insurance and shall remain revoked until,
and unless, other insurance is provided as required herein.
4. The annual license fee shall be as duly set by the Council
by resolution from time to time. Such license shall expire
December 31 of each year.
602.10 - REFUSE COLLECTION SCHEDULE
The contractor shall collect refuse in that portion of the city
described in the contract at least once a week. No refuse
collection shall take place before 6:00 a.m. or after 7:00
p.m., of any day.
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602.12 - RATES AND CHARGES
1. The owner or occupant of any premises served by a refuse
collection contractor within the city shall pay to the city a
service charge assessed in accordance with rates set forth by
resolution of the Council.
2. Billing. The service charge for each premises shall be
made by the City to the owner on a periodic basis. The fee
owner of each premises will be responsible for all billings.
3. Pavment. Service charges shall be payable at the same
time as bills for water service and subject to the same
conditions of payment. If any charge is unpaid on September 1
of any year, the council shall levy an assessment against the
property equal to the unpaid charges as of that date plus
interest at a rate set by the Council from that date and a
penal ty not to exceed ten percent (10%). The clerk shall
certify the assessment to the county auditor for collection in
the same manner as assessments for local improvements.
4. Fund. All service charges shall be deposited in a
separate account in the general fund.
e 602.14 - PENALTY
Any person violating the provisions of this ordinance shall be
guilty of a misdemeanor.
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Section 3. - That this ordinance shall take effect and
be in full force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River
this 10th day of September, 1990...J..... .. ..'~ h.'
jM'iU if . ~d2/;
James A. Tralle, Mayor
ATTEST:
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Mfidavit of Publication
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
NOTICE OF PUBLICATION
CITY COUNCIL OF THE CITY OF
ELK RIVER
ORDINANCE NO. 90-34
AN ORDINANCE..AMENDING SEC-
TION 602 OF THE CITY OF ELK
RIVER CODE. OF ORDINANCES
RELATING TO THE REGULATION
0' THE DISPOSAL AND COLLEC-
TIONOFREFUSEWITHINTHECITY
OF ELK RIVER
The City Council of the City of Elk
River hereby amends its City Code of
Ordinances and does ordain as follows:
Section L Section 6020fthe Code or
Ordinances is repealed inits entirety.
Section 2. The Code. of Ordinances
Section 602 is revised as it relates to the
regulation of refuse disJlO8al and collec-
tion generally and in particular is re-
vised in an effort to enQOUrage recycling
and.to discourage theule of landtills
and the improper disP98al of refbse,
bnplementing UlADdatory collection of
mixed municipal solid WaSte and man.
datory separationlmd collection of re-
cyclable materials. The Ordinance. sets
forth definition.s, general regulations
requiring residential collection and
source separation, setting forth con-
tainer requirements,. contracting au-
thority for refuse collectiol1, licensing of
collectors and haulers, .. and providing
for the billing and payment of refuse
collection. services.
The. above .clellCriptionof the Ordi-
nance is a summary..A complete copy of
the Ordinance revisions. are. ayailable
for review lltthe offIce of the City Clerk
at the Elk River City Hall and at the
Elk River Library.. ..
Passed and, a.dopted/this 17th day of
September, 1990.
Efl'ective upon publication.
J apteB1'ralle,.mayor
.. Q({Y\ ~~. .'
bemg duly sworn, on oath says that he/she IS the pubhsher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended. .. n;" .
(B) The prinled ~O/AA. ~~~Wrv-J
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I suc-
cessive weeks; it was fIrst published on Wednesday, th73&
day of n~.v ,19 CJO , and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
B~::r.~.
TITLE: . ~
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Subscribed and sworn to before me on this 3 - day of
()~ ,19QO.
);vI\A/v}~
ATTEST:
Sandy Thackeray, city clerk
(OctS)
RATE INFO
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
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