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Home My WebLink About0364 ~ ORDINANCE N0. 364 .CITY OF LAKEVILLE .DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE CONCERNING GARBAGE AND RUBBISH COLLECTORS The City Council of the City of Lakeville does hereby ordain: Section 1. Title 3, Chapter 8, Sections 1,2,3,4,5 and b of the Lakeville City code is hereby amended to read as follows: GARBAGE, RUBBISH AND RECYCLABLE .MATERIAL COLLECTORS 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 - Aluminum and steel beverage cans, plastic beverage bottles, scrap metal, tin cans, glass, newsprint, mixed paper, cardboard and batteries. 3-8-2: COLLECTION LICENSE REQUIRED: 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. 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 for 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 he proposes to use in such collection; 3. The place or places t.o which the .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; 6. Fee which they require for collections. and conditions. attached to such collection. B. Investigation: The application shall be submitted to the City Clerk for investigation and report. If the City Clerk finds that the applicant is responsible and has proper equipment for such collec- tion and that no nuisance is liable to be created by the granting of the license, the City Clerk shall endorse approval upon the application. C. License Fees: 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 Council, which fee shall accompany the application. D. Term of License: No license issued hereunder shall be for a period longer than one year, and all licenses shall expire on December 31 of each year. 3-8-4: LIABILITY INSURANCE REt~UIRED: Before any license may be issued, the applicant sha13, if the application is approved by the Council., deposit with the City Clerk, proof of the public liability insurance hereinafter required. Before any person is granted a license hereunder they shall. file with the City Clerk policies of public liability and property damage which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled .without ten (10) days' written notice to the City. Public liability insurance shall not be less than one hundred: thousand dollars ($100,000.00) for injuries, including accidental death to any one person, and, subject to the same limit for each person,. in an amount of not less than three hundred. thousand dollars ($300,000.00) on account of any one accident and property damage insurance in the amount of not less than twenty five thousand dollars ($25,000.00) for each accident or mishap. The policies of insurance shall further provide for indemnity and security to the City against any liability and/or responsibility for 2 a~ the acts, actions or omissions of the licensee, or of any of the agents or servants of such licensee subject however, to the limitations as to amount herein stated. No work shall be done under any license hereunder until the insurance policies shall have been filed and approved by the City Clerk. 3-8-5: COLLECTION REGULATIONS: A. Collecting 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 they are authorized to collect garbage and/or rubbish. B. Collection Truck: Each licensed garbage, rubbish and/or re- cyclable 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 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 collec- tor to haul away at least twice each month to such places as designated in their license application at least three (3) different types of recyclable material, 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 by March 27, 1989. F. Recyclable Material Report: It shall be the duty of each licensed garbage, rubbish, recyclable material collector and non-profit. 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 3 • F 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. 3-8-6s LIMITATION ON NUMBER OF LICENSES A. Purpose: A limitation on .the number of garbage, rubbish and/or 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 and/or 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 3rd day of January, 1989• CITY OF LAKEVILLE Du ne Zaun, a or ATT ST• r ~Gu-ems. Patrick E. McGarvey, City Clerk 4 PUBLIC NOTICE ORDINANCE NO. 364 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE CONCERNING GARBAGE AND RUBBISH COLLECTORS The City Council of the City of Lakeville does hereby ordain: Section 1. Title 3, Chapter 8, Sections 1, 2, 3, 4, 5 and 6 of the Lakeville City code is hereby amended to read as follows: GARBAGE, RUBBISH AND RECYCLABLE MATERIAL COLLECTORS 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 Mate- rial - Aluminum and steel beverage cans, plastic beverage bottles, scrap metal, tin cans, glass, newsprint, mixed paper, card- board and batteries. 3-8-2: COLLECTION LICENSE RE- QUIRED: It shall be unlawful for any person to engage in the business of collecting gar- bage, rubbish and/or recyclable material without having first secured from the City Council a license to do so. Non-profit organi- zations collecting recyclable material shall be exempt from this license requirement. 3-8-3: APPLICATION AND FEE: A. Application for License: Any person de- siring a license to collect garbage, rubbish and/or recyclable material shall make ap- plication for the same to the Clerk upon a form prescribed by the City Council. The ap- plication shall set forth: 1. The name and address of the applicant; 2. A list of the equipment which he pro- poses to use in such collection; 3. The place or places to which the gar- bage, rubbish and/or recyclable material is to be hauled; 4. The manner in which the garbage, rub- bish and/or recyclable material is to be ofkin fiat by march Zi, 1989. F. Recyclable Material Report: It shall be the duty of each licensed garbage, rubbish, recyclable material collector and non-profit 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 recycla- ble material purchaser shall accompany each quarterly report as documentation that the material was recycled. Failure to certify accurate volumes may be cause for revoca- tion of license. G. It shall be unlawful for any person eng- aged in the business of collecting recyclable material to landfill or incinerate collected recyclable material without approval from the City. 3-8-6: LIMITATION ON NUMBER OF LI-• CENSES A. Purpose: A limitation on the number of garbage, rubbish and/or recyclable material collectors in the City is necessary for the fol- lowing reasons: proper inspection and con-. trol is more difficult as the number of haulers increases, more trucks use morel 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 eng- age in the business of collecting garbage,. rubbish and/or 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 pub- lication. Adopted by the Lakeville City Council thel 3rd day of January, 1989. CITY OF LAKEVILLE BY: DUANE ZAUN, Mayor ATTEST: PATRICK E. McGARVEY, I. City Clerk 63 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on Thursday, the day of 19 rl , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 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: a bcdefghijklmnopgrstuvwxyz BY. (t,tk e -C TITLE: Secretary to the Publishe' Subscribed and sworn to before me on this O day of..)(1/\14/Nii Notary Public 19_0_ CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec 3, 1989