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HomeMy WebLinkAbout0415 i 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. pew°o~--1-e~ge~--ere-~~ a , , , , _ ` Beeem'he~ 3~ e~f eat--. s sty ed-r-~~~P a~~ ~e~air~ a~~'~~€-~~re-egg-~re~m _ r r a h s ~l~,n n „r, r. • l i-7r~v,~e+; d- ; d-L, ~-L,e-_L'•; ~,r1~, ~,.•L .~~4 ..f ~-hl. r r < s, p~~a~.~-, • , • ,r~~s~~anee h®~ei~a€~e~ r.,n,, ; rna, 2 Se€e~~e~se~x~s ~~an~e~-a i~e~c~~~rer~~e~ ~~e~-~s3~~3 l p~eFe~t7,-eamage ti~~}e#-s~~z--reix ~a r..-.... wa_ of€es~s~t~~~ng tie ent}tee to==R-a€-sa~~ ~.~e,. „a ~t... , „r,-,~~~ev~s~en ~~at ~~e}-sha~~ ne~G be , „a `ss;r~ri"r613~ e~'3-~~8}--~a~Y=* s ~ a- a. ~ ~ a.. ti... n ; a.. ~ n, , _ z~~~~i~y-~nst~~asee s~a~~ set ee 5,,,,.,a,..sa crzveisa~~ ~A~~a~'s--rQ~88-~-888-s88T~Ai:' ~~~-b~~'~®A ;•,••,,,•ii,,.Y i ~=xxxr~ €A~' eav~3-pP~'sv~3T-~~ arr&~EtA~l#3~~ 6€ 33A~ , " ::arxaxea ~ixvs:va::~ ~A~~a~'6-~q~'~^v8-r8yv-s 8~8~-A~3 aA~BA~~3~A€-e~l~~-Ai3e ~xv,^~.'LUCi:~--e~36~-p~ApA~'~T-6~aiFla6JA ~~3sli:~'a~3b'A taia°v--e'a:"ee^v'al~~-^vf ri~kt seas ~ha~-~we~t~€~ve ~nettsa~~ ~e=~a~s-r$~~~-~88.8~-}-€er--ems etwrQ~vr.~-v~s ~F1~~6~3ags ~'~3e--~A~~G~e6 A€ ~~3s1~~'a~3Se ' 7 , f,,,"{-y,'.," ^px vv xac € v= a~3~e~FFi3~'~T-a~'3~ seA~t~~'~~~--~A-•~~e--~~~ ~~~~i~~trans~Te~ ~esiae~s~~a~~~~y-€e~ t~i„ ,..+.;,,~r.~ emi,~s~e~€ t.~e-~ ~ss~se-,-ems e€ an`~e€ ~~e-a~..„~-~ e r~~ n t_„r,h l ; r.e„ e , L,~e~,~~ 1, ese_,r i-L, -6v~'3iTeca:ss-v~ u~aa~rr~s xvvri~v v s aov7-vv o ::A`ii v ~ sane tte~e~ a~ee~se-€re~e~de;=an'- ee Fe~e~es~tave a-~]~a;aye-~ee~r--f ~le~-~~xa-ag~r~e~~~ ~.w.. ~ ~ l l l,~T 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 L 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 99055 • NW lunouias =inn 066 $ 'ode 0 fulu3 E�EQ Ispc fueleioes 6uisseoo /rumeJoes AJEWoes 18601 . 41111 klEIeJoes leJBUeo . 1s0A1 NJe10 . gy, mone: 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(= Iv i 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