Section
50.01
Definitions
50.02
Sanitation
collection service required
50.03
Container
required; placement
50.04
Meddling with
trash receptacles prohibited
50.05
Containers to be
kept sanitary and secure
50.06
Unauthorized
private collections prohibited
50.07
Sanitation
service: city options
50.08
Rates and
charges; collection and late payment
50.09
Removal of
building materials
50.10
Prohibited acts
50.11
Non-residential
customers; container types; collection schedules
50.12
Manner of
collection and transportation
50.13
Licensing for
collection
50.14
Collection of
leaves, trees or tree limbs
Cross-reference:
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
GARBAGE. Organic refuse resulting from the preparation
of food, and decayed and spoiled food from any source.
RUBBISH. All inorganic refuse matter such as tin cans,
glass, paper, ashes, and the like.
§ 50.02 SANITATION
COLLECTION SERVICE REQUIRED.
Every person owning, managing,
operating, leasing, or renting any premises or any place where garbage or
rubbish accumulates shall subscribe to a sanitation collection service.
Penalty, see § 10.99
§ 50.03 CONTAINER REQUIRED; PLACEMENT.
(A) It shall be the duty of every
person whose garbage and refuse is collected by the sanitation collection
service to provide a container or containers for garbage and refuse, sufficient
in size and number to accommodate and securely keep all garbage and refuse that
may accumulate between collections.
Garbage containers shall be watertight and constructed of a solid and
durable grade of metal, plastic, or paper material.
(B) It shall be the duty of every
person whose garbage and refuse is collected by the sanitation collection
service to place their garbage containers directly behind the curbline of the
street abutting their property or in the absence of a curb directly behind the
ditch line abutting their property. In
no event shall containers be placed in
the street or on the sidewalk or in any manner placed where the containers will
interfere with vehicular or pedestrian traffic.
It shall be the responsibility of the subscriber to place the containers
no earlier than 6:00 p.m. of the afternoon preceding the collection day.
Penalty,
see § 10.99
§
50.04 MEDDLING WITH TRASH RECEPTACLES PROHIBITED.
(A) It shall be unlawful to meddle with
garbage cans, trash or rubbish receptacles or in any way pilfer, search or
scatter contents of garbage cans or rubbish receptacles in or upon any street
or alley within the city limits.
(B) This section shall not apply to
persons authorized by the city or persons authorized by state or federal law to
search or otherwise meddle with trash receptacles.
Penalty,
see § 10.99
§
50.05 CONTAINERS TO BE KEPT SANITARY AND SECURE.
All containers shall be kept clean and
free from accumulation of any substance remaining attached to the inside of the
container which would attract or breed flies, mosquitoes, or other
insects. The area surrounding garbage
containers shall be maintained in a clean and sanitary condition. The contents of all receptacles shall be protected
so that the wind cannot scatter the contents over the streets, alleys or other
property within the city. All containers
shall be securely closed in a manner as to prevent the scattering of the
contents and to make them inaccessible to insects, rodents and other animals.
Penalty, see § 10.99
§ 50.06 UNAUTHORIZED
PRIVATE COLLECTIONS PROHIBITED.
(A) It
shall be unlawful for any person to transport garbage or refuse for hire which
has been collected from any premises within the city over any public street
within the city.
(B) This section shall not apply to any person who at the time of the
activity is operating under a valid contract or franchise granted by the city
which authorizes that person to use the public streets to conduct that
activity.
Penalty, see § 10.99
§ 50.07 SANITATION
SERVICE: CITY OPTIONS.
The City Council may provide for
sanitation collection services within the city by use of city employees and
vehicles, or it may grant licenses under the terms and conditions of § 50.13,
or it may contract with one or more contractors for the provision of these
services under the terms and conditions negotiated with the contractors, except
that the provisions for insurance under § 50.13 (E) shall always apply.
§ 50.08 RATES AND CHARGES;
COLLECTION AND LATE PAYMENT.
If the city collects charges for the
collection, removal and disposal of garbage and trash within the city, the
following provisions apply:
(A) Generally. The monthly charge for the collection,
removal and disposal of garbage and trash from residences and businesses within
the corporate limits of the city shall be as established by the Ordinance
Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that
ordinance may be amended from time to time.
(B) Collection of charges. The charges fixed herein for the collection,
removal and disposal of all garbage and trash shall be entered in their
respective amounts on the utility bill.
The city may discontinue all utility services, including water, sewer,
and garbage and trash services, for failing to pay any assessed charges and
until the charges have been paid in full under conditions and procedures
detailed in division (C) of this section.
(C) Disconnection for late payment.
(1) It is the policy of the city
to discontinue utility service to customers by reason of nonpayment of bills
only after notice and a meaningful opportunity to be heard on disputed
bills. The city’s form for application
for utility service and all bills shall contain, in addition to the title, address,
room number, and telephone number of the official in charge of billing, clearly
visible and easily readable provisions to the effect:
(a)
That all bills are due and payable on or
before the date set forth on the bill;
(b)
That if any bill is not paid by or before that date, a second bill will
be mailed containing a cutoff notice that if the bill is not paid within ten
days of the mailing of the second bill, service will be discontinued for
nonpayment; and
(c) That any customer
disputing the correctness of his or her bill shall have a right to a hearing at
which time he or she may be represented in person and by counsel or any other
person of his or her choosing and may present orally or in writing his or her
complaint and contentions to the city official in charge of utility
billing. This official shall be
authorized to order that the customer’s service not be discontinued and shall
have the authority to make a final determination of the customer’s complaint.
(2) Requests for delays or
waiver of payment will not be entertained; only questions of proper and correct
billing will be considered. In the
absence of payment of the bill rendered or resort to the hearing procedure
provided herein, service will be discontinued at the time specified, but in no
event until the charges have been due and unpaid for at least 30 days.
(3) When it becomes necessary
for the city to discontinue utility service to a customer for nonpayment of bills,
service will be reinstated only after all bills for service then due have been
paid, along with a turn-on charge as established by the Ordinance Establishing
Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance
may be amended from time to time
(D) Cold weather rule. Pursuant to M.S. § 216B.097, as it may be
amended from time to time, no service of a residential customer shall be
disconnected if the disconnection affects the primary heat source for the
residential unit when the disconnection would occur during the period between
October 15 and April 15, the customer has declared inability to pay on forms
provided by the city, the household income of the customer is less than 185% of
the federal poverty level as documented by the customer to the city, and the
customer’s account is current for the billing period immediately prior to
October 15 or the customer has entered into a payment schedule and is
reasonably current with payments under the schedule. The City Clerk shall, between August 15 and
October 15, of each year, notify all residential customers of these
provisions.
§ 50.09 REMOVAL OF
BUILDING MATERIALS.
Waste from building operations, rock
waste, building materials or other refuse resulting from building or remodeling
operations or resulting from a general cleanup of vacant or improved property
shall be removed by the building contractor, owner or occupant of the building
at his or her own expense. It shall be
unlawful for any person to place those materials in any dumpster or other trash
receptacle for disposal by the city or any agent or contractor of the city.
Penalty, see § 10.99
§ 50.10 PROHIBITED ACTS.
(A) It shall be unlawful for any person
to sweep, throw or deposit any garbage, trash, debris, stagnant water or dead
animal into, upon or along any public property or private property of another,
except as may be specifically provided by this chapter.
(B) It shall be unlawful for any person
owning or otherwise in control of any premises within the city to permit any of
the conditions described in division (A) to exist upon property owned or
controlled by him or her after having actual or constructive notice thereof.
(C) It shall be unlawful for any person
to place in any container any material other than as specifically provided in
this chapter.
(D) It shall be unlawful for any person
to deposit or maintain garbage or trash except as provided for by this chapter.
(E) It shall be unlawful for any person
to deposit any burning match, charcoal, ember, or other material in any
container used for the disposal of garbage.
Penalty, see § 10.99
§ 50.11 NON-RESIDENTIAL
CUSTOMERS; CONTAINER TYPES; COLLECTION SCHEDULES.
(A) It shall be the duty of the owner
or person otherwise in charge of multi-family, institutional or industrial
premises within the city to cause all garbage and trash accumulated on the
premises to be placed in disposable
containers, or commercial-type containers.
Commercial-type containers may be
used and may be placed at a location on the premises as arranged between
the customer and the collector, but subject to review by the city at any time.
(B) Disposable containers shall be
placed at a location on the premises which is readily accessible to the
collector.
(C) The amount and character of garbage
shall be considered in establishing size of commercial containers and frequency
of pickup. The city shall have final
authority to establish the size and
frequency based on the history of amount and type of garbage generated
by the customer. The collection and
removal of garbage and trash from premises used for commercial, institutional,
or industrial purposes shall be made as
often as necessary in order to maintain the premises free of
accumulations. Garbage, except dry trash
in contractor-supplied containers, shall be collected not less than one time
each week, except for roll-off containers which shall not be subject to this
provision so long as they are used solely for brush and dry trash.
Penalty, see § 10.99
§ 50.12 MANNER OF
COLLECTION AND TRANSPORTATION.
(A) The collection, removal and
disposal of all garbage, trash and brush shall be carried on in a systematic,
efficient manner to keep the city in a clean and sanitary condition.
(B) All vehicles used for the
collection and transportation of garbage and trash shall be equipped with
suitable covers which shall be used to prevent blowing or scattering of refuse
while garbage and trash are being transported for disposal.
Penalty,
see § 10.99
§
50.13 LICENSING FOR COLLECTION.
(A) Purpose. In order to provide for a continuous system
of refuse collection and disposal in a manner which meets the needs and
conveniences of the residents of the city and in order to protect the area from
the problems of uncoordinated, unsanitary and improper solid waste disposal,
the City Council may determine that it is in the best interests of the
residents of the city to require licenses of persons collecting or hauling
garbage and rubbish for hire, reserving to the city the right and authority to
contract with one or more operators to provide these services.
(B) Licensing. No person may collect or haul garbage or
rubbish within the city without first obtaining a written license from the City
Council. An application for a license
shall be submitted in writing to the City Clerk, and shall contain the
following information:
(1)
Name and address
of the applicant;
(2)
Description of
the equipment which will be used within the city by the applicant;
(3) A schedule of the rate that
will be charged by the applicant for the various categories of customers within
the city;
(4) Evidence of compliance with
the other applicable sections of this chapter.
(C) Franchise. The City Council
may exercise its reserved right to contract with one or more operators for the
collection of garbage and rubbish within the city.
(D) Suspension of license or
contract. A contract or license issued under the provisions of this section may be revoked or suspended for a
violation of this chapter or other applicable regulations of law upon a showing
that the contractor or licensee has failed to comply with that regulation.
(E) Financial responsibility.
The licensee or contractor shall show financial responsibility or a certificate
of insurance coverage prior to obtaining the license or franchise whereby each
vehicle to be used by the licensee or contractor shall be covered against loss
or injury in the following amounts: $300,000 when the claim is one for death by
wrongful act or omission and $300,000 to any claimant in any other case;
$1,000,000 for any number of claims arising out of a single occurrence. The licensee or contractor shall hold the city
harmless and agrees to defend and indemnify the city, and the city’s employees
and agents, for any claims, damages, losses, and expenses related to the work
under the license or contract. The city shall be named as an additional
insured under that insurance for the services provided under the license or
contract. The licensee’s or contractor’s
insurance shall be the primary insurance for the city and the licensee or
contractor shall provide a certificate of insurance on the city’s approved form
which verifies the existence of the insurance required, including provisions to
hold the city harmless and defend and
indemnify the city. The licensee or
contractor shall also provide evidence
of workers compensation insurance for employees. These insurance policies shall be for the
full term of the license or
franchise and shall provide for the giving of ten days prior notice to the city
of the termination or cancellation of these policies. In case any policies are terminated or
cancelled, the license or contract shall be automatically revoked upon receipt
by the City Clerk of the termination or cancellation.
(F) Design of equipment. All
trucks or motor vehicles used by the licensee or contractor shall be water-tight
so as not to allow the leakage of liquids or refuse while hauling the same and
shall be covered with a covering to prevent the scattering of its contents upon
the public streets or private properties in
the city.
(G) Inspections. All vehicles
used for garbage or rubbish shall be made available for inspection within the city at the times and places as
the City Council may designate.
(H) Bond. The contractor or
licensee may be required to furnish a surety bond in an amount as the City
Council deems necessary running to and approved by the City Council,
guaranteeing the franchisee’s or
licensee’s faithful and continuous performance of the terms of the franchise,
license or contract and of this chapter.
§
50.14 COLLECTION OF LEAVES, TREES OR TREE LIMBS.
Nothing in this chapter shall be
construed to prevent the collection for hire by other persons of leaves, trees
or tree limbs.