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Home My WebLink About0493a ORDINANCE NO. 493 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 4j. CHAPTER 2 OF THE LAKEVILLE CITY CODE CONCERNING MIXED MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 4, Chapter 2 of the Lakeville City Code is amended in its entirety to read: CHAPTER 2. MIXED MUNICIPAL SOLID WASTE AND RECYCLABLES SECTION: 4-2-1: Definitions 4-2-2: Required Collection of Mixed Municipal Solid Waste 4--2-3: Disposal Requirements 4-2-4: Multiple (Apartment) Dwelling Recycling 4-2-5: Container Requirements 4-2-6: Anti -Scavenging Provision 4-2-7: Payment for Services 4-2-8: Penalty 4-2-1: DEFINITIONS. As used in this Chapter, the following terms and phrases have the following meanings: ASSOCIATION: COLLECTION: COMMERCIAL/INDUSTRIAL ESTABLISHMENT: 2461 All cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. The aggregation of mixed municipal solid waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. Any premises not primarily used for residential purposes and wherein a commercial or industrial enterprise of any kind is undertaken, including restaurants, clubs, churches, and schools. r02/17/93 CONSTRUCTION DEBRIS: Waste building materials, packaging, and rubble resulting from construc- tion, remodeling, repair, and demolition of buildings and roads. GARBAGE: Waste foodstuffs or table wastes of vegetable or animal origin, together with other incidental admixtures. Dead animals weighing ten (10) pounds or less shall be classified as garbage. HOUSEHOLD: An individual or two (2) or more persons related by blood, marriage, guardianship, or adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons not so related, maintaining a common housekeeping unit and using common cooking and kitchen facilities; or a residential program (group home) for six (6) or fewer persons as defined and licensed by the State of Minnesota Department of Human Services. MIXED MUNICIPAL SOLID WASTE: MULTIPLE (APARTMENT) DWELLING: RECYCLABLE MATERIAL: Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other materials collected, processed, and disposed of as separate waste streams. A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits. Materials that can be readily separated from mixed municipal solid waste for the purpose of recycling, including but not limited to paper, glass, plastics, metals, automobile oil and batteries. Recyclable materials that have been separated 2461 2 r02/17/93 RECYCLABLE MATERIAL CONTAINER: from the waste stream, processed, and sold or given away for reuse are no longer considered waste. A curbside recycling container owned by the City and provided to the resident for the purpose of collec- tion and disposal of recyclable material. REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper, boxes, rags, but excluding ashes, sand, earth, brick, stone, concrete, trees, tree branches, and wood. TARGETED RECYCLABLE MATERIAL: Aluminum and steel beverage con- tainers, tin cans, glass, newsprint, plastic containers with a neck, and corrugated cardboard, magazines, or other materials that may be desig- nated by resolution of the City Council. YARD WASTE: Organic materials consisting of grass clippings, leaves, and other forms of organic garden waste, prunings, tree waste, and fresh -cut Christmas trees and boughs, but excluding garden vegetables and materials that are not readily compostible within a calendar year. 4-2-2: REQUIRED COLLECTION OF MIXED MUNICIPAL SOLID WASTE. Every household and commercial/industrial establishment must be under a contract for at least weekly collection of mixed municipal solid waste with a licensed hauler. A household in a multi -dwelling property is considered to be under a collection contract if the owner, association, or management entity has a contract with a licensed garbage hauler. 4-2-3: DISPOSAL REQUIREMENTS. A. Except as provided in Section 3-8-2, any person who permits mixed municipal solid waste or recyclable materials to be picked up from their premises by an unlicensed collector shall be guilty of a violation of this Chapter. B. Disposing of mixed municipal solid waste, yard waste, and recyclable material on any streets, alleys, drives, parks, playgrounds, or other public places or on any vacant lots privately owned shall constitute a violation of this Chapter 2461 3 r02/17/93 whether such material is discarded by the individual upon whose premises the mixed municipal solid waste or recyclable material originates or whether it is discarded by some other person or collector, licensed or unlicensed. C. Yard Waste Disposal. It shall be unlawful for any person to dispose of yard waste in mixed municipal solid waste, in a disposal facility or in a resource recovery facility except for the purposes of composting or co -composting. D. Prohibited Disposal. No person shall place or cause to be placed any mixed municipal solid waste, construction debris, yard waste, or anything they intend to dispose of or abandon within or next to a garbage can or dumpster or anywhere else unless they own or lease the receptacle or have the permission of the property owner or tenant. 4-2-4: MULTIPLE (APARTMENT) DWELLING RECYCLING. Occupants of a residential or multiple (apartment) dwelling complex managed by an association or other management entity shall have the same opportunity to recycle as do occupants of other residential dwellings. It is unlawful for any residential or multiple dwelling association or management entity to negotiate, execute, or maintain a contract for mixed municipal solid waste collection unless it includes, as a part of the contract or as a part of a separate contract, a minimum of weekly collection of targeted recyclable material. Owners, associations, or other management entities shall provide recycling receptacles in all waste receptacle areas to provide a convenient recycling collection program. 4-2-5: CONTAINER REQUIREMENTS. A. Mixed Municipal Solid Waste Containers. Every household and commercial/industrial establishment having mixed municipal solid waste to dispose of, shall provide themselves with one or more metal or plastic cans sufficient to receive all mixed municipal solid waste which may accumulate between the times of collection. Each can in use in a single family detached dwelling shall have a capacity not to exceed one hundred (100) gallons and shall be provided with a bail or handles and a tight -fitting cover. All mixed municipal solid waste accumulating between times of collection shall be placed in cans after having first been drained of surplus water and wrapped in paper in a manner sufficient to prevent leakage before it is placed in cans. B. Recyclable Material Containers. All recyclable material containers provided by the City to the resident shall be owned by the City and shall remain with the premises at such time as the resident moves or vacates the premises. Recyclable material containers shall be used only for the storage of 2461 4 r02/17/93 targeted recyclable material and shall not be used for any other purpose. C. Location of Containers. Mixed municipal solid waste cans and recyclable material containers shall be kept in rear or side yards and shall be screened from neighboring properties and the public right-of-way or shall be kept indoors. The containers shall be accessible at times of collection and if normally stored indoors shall be placed outside at designated collection times. Such mixed municipal solid waste cans shall not be used for incinerators. No mixed municipal solid waste shall at any time be burned in any bonfire or other fire, whether in a container or in the open. 4-2-5: ANTI -SCAVENGING. It shall be unlawful for any person or business to scavenge, collect, or otherwise remove recyclable materials after said materials have been placed or deposited for collection without a license from the City and an account relationship with the owner, lessee, or occupant of the premises. Nonprofit organizations collecting recyclable material shall be exempt from the license requirement. 4-2-7: PAYMENT FOR SERVICES. The expense of mixed municipal solid waste or recyclable material collection shall be paid to the collector by the owner, agent, occupant, or tenant of the premises from which such mixed municipal solid waste and/or recyclable material is collected, and such fee shall be full compensation for their services of such collection. 4-2-8: PENALTY. Any person convicted of violating this Chapter shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both as specified by state statute. Section 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 15th day of March Council of the City of Lakeville. CIT as TTEST. Charlene Friedges, Cit/ Clerk 2461 5 , 19931 by the City Y OF KEVILLE Duane R. Zaun, yor r02/17/93 Fy u 4a w� f do umm 'f a P a J, P E ORDINANCE NO. 493 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 4, CHAPTER 2 OF THE LAHEV= CITY CODE CONCERNING MIXED MUNICIPAL SOLID WAS'T'E AND RECYCLABLE MATERIALS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Sectign.L Title 4, Chapter 2 of the Lakeville City Code is amended in its en- tirety to read: CHAPTER 2 MIXFJD M3.7LILGI SOLID WAS AND BFXWLA.BLES SECTION: 4-2-1: Definitions 4.2-2: Required Collection of Mixed Municipal Solid Waste 4-2-3: Disposal Requirements 4-2.4: ''.1ultiple (Apartment) Dwelling Recycling 4-2-5: Container Requirements 4.2-6: Anti -Scavenging Provision 4-2-7: Payment for Services 4-2-8: Penalty 4-2-1: DEFINITIONS. As used in this Chapter, the following terms and phrases have the following meanings: ASSOCIATION: All cooperative orga- nizations of residential dwelling owners formed for the purpose of joint manage- -ul 1pTgM `uoslad lad LIS sr 1s0O Laai uo p110M„ s1busla ut 131uoD 1321r,j, a141 1E opi of 1142no1g 3q 111AN ,.lseag a141puE �CjnEag„ s,�CausICl11'�M Jo s1zlzmE14a o1gr11o�1ojun otil .LSVHa an L 79 A.i.nd"qu M ■ ■ 'I Dt69V'u0'1Bt l0JurloJ •1dDGuolle -WN'd PUP S�Itd all1A0Vq IirJ •9 ludd st 3lr1pBZp uopells1501d -llnpe uE Aq pajtlydwoaar ag lsnw u3ap _UU •Spin JBa4 g -L pue `spla 1E3X 9-S `splo naA t£ :aq 111m sd=2 saSd •S293 Vup001103103 13313nglo 2eq r Suugoi Dns 3q p1nous 3UOKE 3 PUB `ualPlnla ile 1OJ 09'Z$ S! 1soD '3urus 1a um `•w•d l lr Alldwold u15N IItM lunH $?g Imam ails, •0I ludd uo �Vmd VON lu WH 2vg 1alsEg 31p 1e 3)uBR;)dde Ictaads e 2ui*w aq lllm hung 131SE3 314.E .LNinH 993 HH.LSdg ss■ J Dv -69t' '.IdzCl uop=33-d PUB "Rd all!AOV-1 lira `u01leuU0Ju1 uoilulsl�31 10J 10 s3aE3l Dip UO U0111OL110JU! 10,E •dn -0is ui Aluoud anrq `Z661 w0JJ MMI iunun131 Pur (3il1A3V-J 1I 3w p -IInJ 3110M 10 3Ail OqM 513gw3w 01 {prM SUIr01) Sweat ajitA0]JBJ '(sweat 91 uo p3sul) OLS$ St OQJ was I, -AEW ut 2ut< U122q 13vmd uosuary Ir slgs!u kmid pup, hpslnu PwOJ -JO 2q IP.M IIeg1J0S „bl NTOD r1zVff1A0S DHH-03 e I CINV S]JUVd d a RATE INEQRM ION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 493 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 22nd day of March , 1993; 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: abcdefghijkl mnopgmtuvwxyx BY: TITLE: Publisher Subscribed and sworn to before me on this 23rd day of March ,1993. Notary Public LZ BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY *7,X"wWy ccmmiss!an expires 1.1 07