52. GARBAGE AND REFUSE
CHAPTER 52: GARBAGE AND REFUSE
Section
General Provisions
52.01 Definitions
52.02 Sanitation collection service required
52.03 Container required; placement
52.04 Meddling or tampering with trash receptacles prohibited
52.05 Containers to be kept sanitary and secure
52.06 Unauthorized private collections prohibited
52.07 Sanitation service; city options
52.08 Removal of building materials
52.09 Nonresidential customers; container types; collection schedules
52.10 Manner of collection and transportation
52.11 Collection of leaves, trees, or tree limbs
Prohibited Acts
52.25 Depositing debris on public and private property
52.26 Depositing debris in waterways
52.27 Permitting conditions not allowed
52.28 Not using approved containers
52.29 Unapproved actions
52.30 Smoldering material
52.31 Burning debris
52.32 Burying debris and composting
Licensing for Collection
52.45 Purpose
52.46 Licensing
52.47 Franchise
52.48 Suspension of license or contract
52.49 Financial responsibility
52.50 Design of equipment
52.51 Inspections
52.52 Insurance
Open Area
52.65 Definition
52.66 Collection of garbage and debris
52.67 Public health or safety hazard
52.68 Abatement procedure
GENERAL PROVISIONS
§ 52.01 DEFINITIONS.
For the purpose of this chapter, the following definitions 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.
RECYCLABLES. This term includes paper, plastic, tin cans, aluminum, motor oil, glass, and other metal goods, each separated or otherwise prepared so as to be acceptable to the recycling center where they are to be deposited.
RECYCLING CENTER. Premises used for the receipt, storage, or processing of recyclables and approved as such by the Council, when the premises are in the city, or by the governing body of the local government unit having jurisdiction, when the premises are outside the city.
REFUSE. This term includes garbage and rubbish.
RUBBISH. All inorganic refuse matter such as tin cans, glass, paper, ashes, and the like.
(Prior Code, § 502.1)
§ 52.02 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.
(Prior Code, § 502.2)
§ 52.03 CONTAINER REQUIRED; PLACEMENT.
(A) Container. 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 water-tight and constructed of a solid and durable grade of metal, plastic, or paper material.
(B) Placement of container. It shall be the duty of every person whose garbage and refuse is collected by the sanitation collection service to place his or her garbage containers directly behind the curb line of the street abutting his or her property or, in the absence of a curb, directly behind the ditch line abutting his or her 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.
(Prior Code, § 502.3)
§ 52.04 MEDDLING OR TAMPERING WITH TRASH RECEPTACLES PROHIBITED.
It shall be unlawful to meddle or tamper 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. 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.
(Prior Code, § 502.4) Penalty, see § 10.99
§ 52.05 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.
(Prior Code, § 502.5)
§ 52.06 UNAUTHORIZED PRIVATE COLLECTIONS PROHIBITED.
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. 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.
(Prior Code, § 502.6) Penalty, see § 10.99
§ 52.07 SANITATION SERVICE; CITY OPTIONS.
The City Council may grant licenses or it may contract with one or more contractors for the provision of these services under the terms and conditions negotiated with the contractors.
(Prior Code, § 502.7)
§ 52.08 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.
(Prior Code, § 502.8) Penalty, see § 10.99
§ 52.09 NONRESIDENTIAL CUSTOMERS; CONTAINER TYPES; COLLECTION SCHEDULES.
(A) Multi-family, institutional, or business premises. It shall be the duty of the owner or person otherwise in charge of multi-family, institutional, or business premises within the city to cause all garbage and trash accumulated on the premises to be placed in disposal 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) Readily accessible. Disposal containers shall be placed at a location on the premises which is readily accessible to the collector.
(C) Size of container and frequency of pickup. 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.
(Prior Code, § 502.10)
§ 52.10 MANNER OF COLLECTION AND TRANSPORTATION.
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. 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.
(Prior Code, § 502.11)
§ 52.11 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.
(Prior Code, § 502.13)
PROHIBITED ACTS
§ 52.25 DEPOSITING DEBRIS ON PUBLIC AND PRIVATE PROPERTY.
It shall be unlawful for any person to sweep, throw, or deposit any garbage, trash, debris, stagnant water, industrial/commercial waste or byproduct, or dead animal into, upon, or along any public property or private property of another except as may be specifically provided by this chapter.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.26 DEPOSITING DEBRIS IN WATERWAYS.
It shall be unlawful for any person to sweep, throw, or deposit any garbage, trash, debris, stagnant water, industrial/commercial waste or byproduct, or dead animal into, upon, or along any stream or body of water except as may be specifically provided by this chapter.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.27 PERMITTING CONDITIONS NOT ALLOWED.
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 § 52.25 to exist upon property owned or controlled by him or her after having actual or constructive notice thereof.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.28 NOT USING APPROVED CONTAINERS.
It shall be unlawful for any person to place in any container any material other than as specifically provided in this chapter.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.29 UNAPPROVED ACTIONS.
It shall be unlawful for any person to deposit or maintain garbage or trash except as provided for by this chapter.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.30 SMOLDERING MATERIAL.
It shall be unlawful for any person to deposit any burning or smoldering match, charcoal, ember, or other material in any container used for the disposal of garbage.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.31 BURNING DEBRIS.
It shall be unlawful for any person to burn any garbage, trash, debris, industrial/commercial waste or byproduct, or dead animal, except as may be specifically provided by this chapter. This section does not apply to wood, corn, or similar items burned in a furnace or fireplace for the primary purpose of generating heat for a residence.
(Prior Code, § 502.9) Penalty, see § 10.99
§ 52.32 BURYING DEBRIS AND COMPOSTING.
No person shall bury any refuse, trees, stumps, or brush in the city except in an approved sanitary landfill, but leaves, grass clippings, and easily biodegradable, non-poisonous garbage may be composted on the premises where the refuse has been accumulated.
(Prior Code, § 502.9) Penalty, see § 10.99
LICENSING FOR COLLECTION
§ 52.45 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.
(Prior Code, § 502.12)
§ 52.46 LICENSING.
(A) No person may collect or haul garbage or rubbish within the city without first obtaining a written license from the City Council.
(B) An application for a license shall be submitted in writing to the City Clerk/Treasurer 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 subchapter; and
(5) Insurance.
(Prior Code, § 502.12) Penalty, see § 10.99
§ 52.47 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. The city may, upon resolution, impose a franchise fee to be collected from licensed garbage collectors and haulers.
(Prior Code, § 502.12)
§ 52.48 SUSPENSION OF LICENSE OR CONTRACT.
A contract or license issued under the provisions of this subchapter may be revoked or suspended for a violation of this subchapter or other applicable regulations of law upon a showing that the contractor or licensee has failed to comply with that regulation.
(Prior Code, § 502.12)
§ 52.49 FINANCIAL RESPONSIBILITY.
The licensee or contractor shall show financial responsibility or a certificate of insurance coverage prior to obtaining the license for the services provided under the license or contract. In case any policies are terminated or canceled, the license or contract shall be automatically revoked upon receipt by the City Clerk/Treasurer of the termination or cancellation of these policies.
(Prior Code, § 502.12)
§ 52.50 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.
(Prior Code, § 502.12)
§ 52.51 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.
(Prior Code, § 502.12)
§ 52.52 INSURANCE.
The contractor or licensee may be required to furnish proof of insurance in an amount as the City Council deems necessary running to and approved by the Council, guaranteeing the franchisee’s or licensee’s faithful and continuous performance of the terms of the franchise, license, or contract and of this subchapter.
(Prior Code, § 502.12)
OPEN AREA
§ 52.65 DEFINITION.
For the purpose of this subchapter, the following definition applies unless the context clearly indicates or requires a different meaning.
OPEN AREA. The part of a residential lot or property that is not covered by an enclosed building or structure, regardless of whether the view from outside the property is shielded by a fence, vegetation, or other structure. The term OPEN AREA includes, but is not limited to, the yard, open porches, and areas under structures that are not entirely enclosed, such as a carport.
(Prior Code, § 502.14)
§ 52.66 COLLECTION OF GARBAGE AND DEBRIS.
All open areas and parts of premises shall be maintained and kept in a reasonably clean and neat condition. This requirement shall include the removal of dead trees and brush; the removal of inoperable machines, appliances, fixtures, and equipment; the removal of lumber piles and building materials not being used in actual construction on the premises unless the premises are being used by a business dealing in or requiring the use of the lumber and materials, and the storage of these materials for business use is allowed or permitted by ordinance; the removal of tin cans, broken glass, broken furniture, mattresses, box springs, boxes, crates, cardboard, tires, and other garbage and debris; and the removal of furniture and other items of the type not designed or intended to be stored outside or in such a manner that they are exposed to weather and climatic conditions.
(Prior Code, § 502.14)
§ 52.67 PUBLIC HEALTH OR SAFETY HAZARD.
A person who creates, maintains, or allows continuing collection of garbage and debris in open areas as defined in § 52.65 poses a risk to the health or safety of the public and shall be deemed to have created in the city a public health or safety hazard, which is subject to abatement by the city.
(Prior Code, § 502.14)
§ 52.68 ABATEMENT PROCEDURE.
If the owner or occupant thereof fails, within five days after posting by first class mail of a notice, to abate a public health or safety hazard contained on any property, the city, by and through its authorized personnel, may enter upon the property and abate the public health hazard by any reasonable means, including the contracting with a private person to do so. Any expenses incurred by the city in the abatement of a public health or safety hazard under this section shall be the responsibility of the property owner and, if subsequently unpaid, may be assessed against the property taxes to be paid on the property as provided in M.S. § 429.101, as it may be amended from time to time.
(Prior Code, § 502.14)