ORD 25-14Elkvmft�—` Proposed Ordinance Notice 10 20 25
River
Ordinance 25 - 14
An Ordinance Amending Chapter 58, Article 11, Division I, Sec. 58-31 and Sec. 58-
39, Yard Waste Transfer Facility Regulations of the City of Elk River, Minnesota,
City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That 5 Sec. 58-39, Yard Waste Transfer Facility Regulations of the City of Elk River
Code of Ordinances shall be amended to read as follows:
Sec. 58-39. Compos Yard Waste transfer facility regulations.
(a) Acceptable materials. The city will only accept
diaffieter at the ' . grass, leaves, weeds, and clean wood at the
cirv's Yard Waste Transfer Facilirt.
(b) Unacceptable materials. The city will not accept the following items or similar items at the city's
Ceffipas Yard Waste Transfer Facility:
• St-dffips; Sod dirt gtavel, soil rocks
• Tree stumps —root masses, shrub root balls:
• Legs a-r br- nehes ....,., ter than six irtehes in a"._,.etei!; Wood chips- regardless of being treated
or not,
• ; Construction lumber, pallets, or treated wood:
or
• Maso
block. cement. concrete:
• Alixea ..rdn ' ' solid - eli - • Household waste;
1 Y1.1111.0 111U1111.1110.1� �,
• Hazardous substances or chemicals;
• Landscape fabric, ed�inng, ralaY stic bags pots:
• Ashes, coals, or an.;L other n_pe of fire waste:
Last Updated January 2024
237475v1
P 8 1 E 8 E® 1 1
xi
• Dead animals; and
• Manure.
(c) Probibition. No person shall illegally dump at the city's Gaffipast Yard Waste Transfer Facility.
d Fees.
(1) Users falling under the commercial user definition will be re.iuired to submit a security,
deposit, annual fee, and will be charged per load based on the current fee schedule.
� Users falling under the residential user definition will be charged a one-time annual fee based
on the current fee schedule.
(e) Penalties.
(1 ) Any lerson violating this section shall be guilty of a misdemeanor and upon conviction
shall be subject to the penalties for a misdemeanor as prescribed by state law;
2 In addition to misdemeanor 12enalties any person violating this section shall be subject to
the following Penalties:
a. For a first violation of this section, revocation of their Yard Waste Transfer Facility
access pass for a period of one year.
b. For a second violation of this section, permanent suspension of their Yard Waste
Transfer Facilit;- access pass, along with a trespass notice barring the person from being
present at the Yard Waste Transfer Facility, for ant puug)ose.
(la) Violation ol'LLOass notice. Any person found in the city's Yard Waste Transfer Facility
during the duration of a trespass notice will be issued a citation for trespassing; on public
t2ropert�_, which shall be subject to the penalties for a misdemeanor as prescribed b\ state
law.
Last Updated January 2024
P011RE1 11
NATUR�
237475v1
SECTION 2. That § 58-31, Definitions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
Residential user means any, person who maintains a Ciro of Elk River address and utilizes the Yard
Waste Transfer Site exclusivelN for the yard waste needs that are generated from that address.
Commercial user means am user who receives.,payment for the hauling of �,ard waste material to the
Yard Waste Transfer Facility for disposal andlor is disposing of material from a property that was
not generated from their own Elk River primary residenc -.
Source separated organics (SSO) means food scraps and soiled paper but not yard waste or inorganic
materials such as recyclables and mixed municipal wffs4�wastes.
Passed and adopted by the City Council of the City of Elk 1
ATTEST:
,--4 (1
Tina Allard, City Clerk
ATURE
Last Updated January 2024
237475v1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 10/25/2025 and the last
insertion being on 10/25/2025.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By�Jd' �CL
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/25/2025
.VetA,� 112� e'j� P�-�-
Notary Public
.::•s<, F Darlene Marie MacPherson
Notary Public
` Minnesota
_, • vy My Commission Fires Jan. 31, 2029
late Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1498677
CITY OF ELK RIVER
ORDINANCE 25 - 14
AN ORDINANCE AMENDING
CHAPTER 58, ARTICLE II,
DIVISION 1, SEC. 58-31
AND SEC. 58-39, YARD
WASTE TRANSFER FACILITY
REGULATIONS OF THE
CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § Sec. 58-39,
Yard Waste Transfer Facility Regu-
lations of the City of Elk River Code
of Ordinances shall be amended to
read as follows:
Sec. 58-39. Compost Yard
Waste transfer facility regula-
tions.
(a) Acceptable materials. The
city will only accept yard waste and
clean wood less than six inches
in diameter at the city's Compost
Transfer Facility. grass, leaves,
weeds, and clean wood at the city's
Yard Waste Transfer Facility.
(b) Unacceptable materials. The
city will not accept the following
items or similar items at the city's
Compost Yard Waste Transfer Fa-
cility:
• Stumps; Sod, dirt, gravel, soil,
rocks;
• Root balls; Tree stumps, root
masses, shrub root balls;
• Logs or branches greater than
six inches in diameter, Wood chips -
regardless of being treated or not;
• Materials from outside of Sher-
burne County; Construction lum-
ber, pallets, or treated wood; or
• Non -organic materials, includ-
ing but not limited to, rocks, con-
crete, or plastics; Masonry block,
cement, concrete;
• Mixed municipal solid waste or
solid waste; Household waste;
• Hazardous substances or
chemicals;
• Landscape fabric, edging,
plastic bags, pots;
• Ashes, coals, or any other type
of fire waste;
• Dead animals; and
• Manure.
(c) Prohibition. No person shall
illegally dump at the city's Compost
Yard Waste Transfer Facility.
(d) Fees.
(1) Users falling under the com-
mercial user definition will be re-
quired to submit a security deposit,
annual fee, and will be charged
per load based on the current fee
schedule.
(2) Users falling under the res-
idential user definition will be
charged a one-time annual fee
based on the current fee schedule.
(d) Penalties.
(1) Any person violating this sec-
tion shall be subject to the follow-
ing penalties:
a. Revocation of their Compost
Transfer Facility access pass for a
period of one year or until payment
of the fine, whichever is shorter.
b. Guilty of a misdemeanor and
upon conviction shall be subject to
the penalties for a misdemeanor as
prescribed by state law.
(2) Upon a second violation of
this section, a person's site access
pass will be revoked for a period of
one year regardless of payment of
the fine and the person shall be is-
sued a trespass notice for a period
of one year.
(b) Violation of trespass notice.
Any person found in the city's Com-
post Transfer Facility during the
one-year period following issuance
of a trespass notice will be issued
a citation for trespassing on public
property and receive a one-year
extension of revocation of their site
access pass.
(e) Penalties.
(1) Any person violating this
section shall be guilty of a misde-
meanor and upon conviction shall
be subject to the penalties for a
misdemeanor as prescribed by
state law.
(2) In addition to misdemeanor
penalties, any person violating this
section shall be subject to the fol-
lowing penalties:
a. For a first violation of this sec-
tion, revocation of their Yard Waste
Transfer Facility access pass for a
period of one year.
b. For a second violation of this
section, permanent suspension of
their Yard Waste Transfer Facility
access pass, along with a trespass
notice barring the person from
being present at the Yard Waste
Transfer Facility for any purpose.
(b) Violation of trespass notice.
Any person found in the city's Yard
Waste Transfer Facility during the
duration of a trespass notice will be
issued a citation for trespassing on
public property, which shall be sub-
ject to the penalties for a misde-
meanor as prescribed by state law.
SECTION 2. That § 58-31, Defi-
nitions of the City of Elk River Code
of Ordinances shall be amended to
read as follows:
Residential user means any
person who maintains a City of Elk
River address and utilizes the Yard
Waste Transfer Site exclusively for
the yard waste needs that are gen-
erated from that address.
Commercial user means any
user who receives payment for the
hauling of yard waste material to
the Yard Waste Transfer Facility for
disposal and/or is disposing of ma-
terial from a property that was not
generated from their own Elk River
primary residency.
Source separated organics
(SSO) means food scraps and
soiled paper but not yard waste or
inorganic materials such as recy-
clables and mixed municipal wash-
es wastes.
Passed and adopted by the City
Council of the City of Elk River this
201" day of October, 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the Star News
October 25, 2025
1498677