Loading...
ORDINANCE 6 35 - Hauler Regulations and Contract Requirements - 1356371v1ORDINANCE NO. _____, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 6.35 of the City Code Collection and Conveyance of Garbage, Refuse, Yard Waste and Recyclables The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Section 6.35 is amended by amending and restating Subdivision 2, in its entirety, to read as follows: Subdivision 2. Contract and Licensing Requirements. A. Residential Disposal of Waste. Every household, including occupants of multi- family dwellings with four or fewer units, must either directly or through the owner or manager of a multi-family dwelling unit: 1. have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the City; or 2. apply for and receive a waiver of the above requirement by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor punishable as set forth in this Chapter. B. Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multi-family dwelling with greater than four units must: 1. have a contract for at least weekly and as often as once each business day if necessary to protect the public health, safety and general welfare, for collection of garbage and refuse with a hauler licensed by the City; or 2. apply for and receive a waiver of the above requirement by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor punishable as set forth in this Chapter. C. License Required. It is unlawful for any person to collect or transport garbage, recyclables or refuse for hire without having first secured a license from the City. D. License Requirements. In addition, to the requirements otherwise set forth in this Section for the issuance and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler is obligated to show evidence of ability to comply with the following requirements when it submits its license application for hauling or transporting garbage, recyclables or refuse, and continue to comply with such requirements while hauling garbage, recyclables or refuse, as follows: 1. Haulers must offer separate durable yard waste containers. 2. Haulers must offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least fifty percent (50%) post-consumer recycled material. 3. Haulers must haul yard waste from May 1 to November 1, and as otherwise designated by the City Manager’s designee. 4. To accommodate the needs of the physically challenged and disabled, and to promote the health, safety and general welfare of the residents of the City, each hauler shall provide valet service for seniors and the physically disabled among its contract options. 5. Haulers must offer a discounted group rate for collection to each household serviced, where the hauler services fifty percent (50%) or more of the homes in a twenty home contiguous area, or services at least five homes on a cul-de-sac. Section 2. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and City Code Chapter 6, Section 6.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this _________th day of _________, 2011. ______________________ Linda R. Loomis, Mayor ATTEST: ______________________ Susan M. Virnig, City Clerk 000090/480568/1356371_1