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ORDINANCE NO. 415
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE
CONCERNING GARBAGE, RUBBISH AND RECYCLABLE MATERIAL.COLLECTORS
The City Council of the City of Lakeville does hereby .ordain:
Section i. Title 3, Chapter 8, Sections 1,2,3,4,5 and 6 of the
Lakeville City Code is hereby amended to read as follows:
SECTION:
3-8-1: Definitions
3-8-2: Collection License Required
3-8-3: Application and Fee
3-8-4: .Liability Insurance. Required
3-8-5: Collection Regulations
3-8-6: Limitation on Number of Licenses
3-8-1; DEFINITIONS
Recyclable Material.-Any material that can be readily
separated for use and reuse as substitutes for raw ~otaterials
such as: aluminum and steel beverage. cans, plastic beverage
bottles, scrap metal, tin cans, glass, newsprint, mixed.
paper, cardboard, ~"a automobile`;and,household
batteries and used oil.
Multiple (Apartment) Dwelling - A buildingdesgnedwith
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.
Yardwaste -Garden wastes, leaves, lawn-cuttings, weeds and
prunings.
3-8-2: COLLECTION LICENSE REQUIRED:
A. License Requirement: It shall be unlawful for any person to
engage in the business of collecting garbage, rubbish and/or
recyclable material without having first secured from the City
Council a license to do so. Non-profit organizations collecting
recyclable material shall be ,exempt from: this license
requirement.
B. Term of Licenser No license issued hereunder shall be for a
period longer than one year, and all licenses shall expire on
Deceffiber 31 of each year.
3-8-3: APPLICATION AND FEE:
A. Application for License:. Any person desiring a license to
collect garbage, rubbish and/or recyclable material shall. make
• application of the same to the Clerk upon a form prescribed by
the City Council. The. application shall set forth:
1. The name and address of the applicant;
2. A list of the equipment which ~e is ese~s proposed to
~ be used in such. collection;
3. The place or places to which he garbage, rubbish and/or
recyclable material is to be hauled;
4. The manner in which the garbage, rubbish and/or recyclable
material is to be disposed of;
5. The portion of the City in which collections are to be made
and the number of households which are served;
6. Fee which they require for collections and conditions:
attached to such collection;
7. List of recyclables collected at curbside and the method of
preparation which is preferred;
8. Certificate-of insurance (Refer to Section 3-8-4):
B. Investigation: The application shall be submitted to the City
Clerk for investigation and report. If the City Clerk fends
.that .the. applicant is responsible:: and has proper equipment for
such collection and that no nuisance is liable to be created by
.the granting of theleense, the City Clerk shall endorse.
approval upon the application.
C. License Feess Before any. license-may: be issued, the applicant
shall pay to the Clerk a license fee in an :'amount established by
resolution of the City Councils which fee shall accompany the
application.
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3-8-4: LIABILITY INSURANCE REQUIRED: An applicant must obtain all
of the insurance required by this Section. All costs and
expenses are the responsibility of the applicant. All
insurance coverage is subject to approval by the City of
Lakeville and shall be maintained by the. licensee during the
term of the license. No work under this. license shall be
commenced until the requirements of this section .have been.
satisfied.
A. The licensee shall obtain and maintain statutory Worker's
Compensation insurance as required under the laws of the State
of Kinnesota.
In the event licensee is a sole proprietor and has not elected
to provide Worker's Compensation Insurance, licensee shall be
required to execute and submit an affidavit of sole
proprietorship in a form satisfactory to the City.
B. Licensee shall obtain and maintain the following minimum
coverage for Comprehensive General Liability (Includi.ng
Premises-Operations; Independent Contractors' Protective;
Products and Completed Operations; Broad Form Property Damage):..
Bodily Injury: $500,000 per occurrence
$500,000 products & completed.
operations
Property Damage: $500,000 per occurrence
3
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C. Licensee shall. obtain and maintain the following. minimum
insurance coverage for Personal Injury Liability (With
Employment-related .Exclusion Deleted):
Limit: $500,000 per occurrence
D. Licensee shall obtain and maintain the following minimum
insurance coverage for Comprehensive.Automobile Liability
(Owned, Non-Owned, Hired):
Bodily Injury:. $500,000 per person
$500,000 per occurrence
Property Damage: $500,000 per occurrence
E. Insurance certificates.evidencing that the insurance required by
this.Section is in force with companies acceptable and licensed
in the State of lriinnesota, and in amounts required, shall be
submitted for examination and approval prior to the execution of
the license. Thereafter, the certificates shall be filed with
the. City. The insurance certificates shall specifically provide
that a certificate shall not be modified, cancelled or
non-renewed, except upon thirty (30) day. prior written notice to
the City. Neither the City's failure to require. or insist upon
certificates, or other evidence tending to show a variance from
the coverages specified. in this Section shall. change a
licensee's responsibility-to comply with these insurance
requirements.
3-8-5: COLLECTION REGULATIONS: A licensed garbage, rubbish
and/or recyclable material collector shall comply with
the following...collecton regulations. Failure to
observe these provisions may be a basis for suspension
or revocation of a license.
A. Collection Garbage Required: It shall be the duty of each
licensed garbage and/or rubbish collector to haul away once each.
week-to such. places. as designated in their. license application
all garbage-and/or rubbish from premises located within the area
in which whey are authorized to collect garbage and/or rubbish.
B. Collection Truck:- Each licensed garbage, rubbish-and/or
recyclable material collector shall provide a covered tank or
wagon, ,so constructed that the contents will not-leak or spill
therefrom, in which all garbage,- rubbish and/or recyclable
4
material collected by them shall be conveyed to the place
designated in their application. The wagon or conveyance used
shall be kept clean and as free from offensive odors as
possible, and shall not be allowed to stand in any street, alley
or public place longer than is reasonably necessary to collect
garbage, rubbish and/or recyclable material.
C. Collection Hours: No collections of garbage, rubbish and/or
recyclable material shall be made except between .the hours of
seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., Monday
through ,Friday.
D. Refusal to Collect: The collector may refuse to make
collections from any premises when the fees are not paid within
one month from the date such garbage, rubbish and/or recyclable
material is collected. The collector shall notify the City.
Clerk of the discontinuance of service to any premises within
two (2) days after service is discontinued.
E. Collecting Recyclable Material Required: It shall be the duty
of each licensed garbage, rubbish and/or recyclable material
collector to haul away ~t le~~~~aree on the same
day as garbage service to such places as designated in their
license application a~ feast ~h~ee-r3-}-~€€e~e~= ''1 r""
i~•ee~la~le } ~ ~ the recyclable materials of aluminum and
steel beverage cans, glass, newsprint, .and in cans, as defined
in Section 3-8-1, from-residences with .individual curbside
garbage containers within the area in which they are authorized
to collect garbage, rubbish, and/or recyclable material,l~•"gin
~9~5~9. Each licensed garbage, rubbish and/or recyclable
material collector shall do the same from residences who occupy
multiple (apartment) dwellings by January 1, 1991. Nothing
herein shall be construed to prevent a collector from offering
• residences recyclable collection of other recyclable materials,
in addition to the recyclable materials defined in Section
3-8-1.
F. Recyclable Material Report: It shall be the duty of each
licensed garbage, rubbish, recyclable material collector and
non-prof it. organization collecting recyclable material to
provide the City with a quarterly report on quantity and type of
.all material recycled within the City of Lakeville. A.legible
copy of the weight slips obtained from each recyclable material
purchaser shall accompany. each quarterly report as documentation
that the material was .recycled. Failure to certify accurate
.volumes may be cause for revocation of license.
G. It shall be unlawful for any person engaged in the business of
collecting recyclable material to landfill or incinerate
collected recyclable material without approval from the City.
5
A. Yardwaste: Each licensed garbage, rubbish and/or recyclable
material collector .shall refuse to knowingly accept for
collection any mixed municipal solid waste which contains
yardwaste except for the purposes of directly delivering such
waste to a facility which has been approved by the City for
composting or co-composting, as applicable.
I. The licensee shall operate in a manner consistent with its
application materials and shall provide notice to the City
within ten (10) days of any changes in information, forms,. or
certificates filed as a part of the. license application process,
except for the thirty (30) day notice required by Section 4 (E)
of this Chapter.
3-8-6: LIMITATION OF NUMBER OF LICENSES
A. Purpose: A limitation on the number of garbage, rubbish andjor
.recyclable material collectors in the City is necessary for the
following reasons: proper inspection and control is more
difficult as the number of haulers increases, more trucks use
more fuel, .more .trucks create more pollution, more trucks create
more noise, more haulers create an increased risk to public:
safety, more haulers will decrease efficiency and increase rates
and energy costs.
B. No more than nine (9) licenses to engage in the business of
collecting garbage, rubbish andjor recyclable material may be in
force at any one time. The licenses shall be allocated first to
persons who were licensed in the City on December 19, 1988.
Section 2. This ordinance shall be effective immediately upon
its passage and .publication.
Adopted by the Lakeville City Council the. 4th day
of June 1990.
CITY OF LAKEVILLE
BY•
.Duane Zaun, r
ATTEST: f
r~ i r.:
Charlene Friedges, City, lerk
~ 6
PUBLIC NOTICE
ORDINANCE NO. 415
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINAN[:R AMQMTUI n Tv.R
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fewer pollutants, said O'Neal. He
provides the following sugges-
tions:
•Check tire pressure daily; un-
derinflated tires decrease fuel effi-
ciency by as much as 5%.
•Replace old tires with steel
belted radials; they improve gas
mileage by 5-10%.
•Have an engine tune-up; it
can save up to 10 miles per gal-
lon. Inspect belts, check all fluid
levels, change the oil and buy a
new battery, if needed.
O'Neal reminds car owners to
recycle their used oil and brake
and transmission fluids. The
address of the nearest recycling
center is posted wherever motor
oil is sold. Old tires and batteries
also can be turned in where
f1iimer for Di:
In(=
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ERS TO THE E[
ERS TO THE EL
NOIJ.3
aggressive person who
understands the human issues,
knows the political process and
will serve the common,
hardworking people of Dist. 36B
very well.
John works every day with
mentally handicapped adults and
abused victims. He is a person
who is concerned about the
financial status of the state, and
also the many human issues that
surround us. Issues such as senior
citizens' care facilities, family
heath care facilities, whether they
are single -parent or two parent
families, and help for the disabled
and physically handicapped.
MATE INFORi ice`
(1) Lowest classified rate paid by commercial
users for comparable space: $ 5.41 per
column inch.
(2) Maximum rate allowed by law for the
above matter: $4.22 per column inch.
(3) Rate actually charged for the above
matter: $4.22 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 qual-
ifcations as a qualified newspaper, as
provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as
amended.
(B)Theprinted Legal Notice:
Ordinance No. 415/City of Lakeville
which is attached was cut from the col-
umns of said newspaper, and was printed
and published once on Monday, the
11th day of June , 1990; 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 mnopgts tuvwxyz
BY:
TITLE: Publisher
Subscribed and sworn to before me on
this 18th day of June ,1990.
de, `71/1
Notary'Bublic
.....;;;;1•70-....:, LYNN M. TORGERSON ON
• "„ip.;,_ NOTARY PUBLIC - MINNESOTA
"°F DAKOTA COUNTY
•• My Commission Expires Apr. 12. 1996