10.40 - Collection and Disposal of Garbage, Refuse, Yard Waste, and Recyclables § 10.40
Section lo.4o: Collection and Disposal of
Garbage, Refuse, Yard Waste, and Recyclables
Subdivision 1. Definitions
The following terms, as used in this Section, shall have the meanings stated:
Source: Ordinance No. 296, 2nd Series
Effective Date: 5-28-04
A. Compost: A mixture of decayed organic matter.
B. Composting: An above ground microbial process that converts yard waste
to organic soil or mulch by decomposition of material through an aerobic
process providing adequate oxygen and moisture.
C. Container: means a container designed to hold either garbage, litter, refuse,
yard waste, or recyclables.
D. Garbage: means animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
E. Hauler: means any person who shall offer to, or engage in the collection
and/or transportation of garbage, refuse, yard waste or recycling from any
house, apartment, public or private institution, or commercial establishment
within the City, including all activities up to the time when the waste is
delivered to a waste facility.
F. Litter: means garbage, recyclables and refuse.
G. Recyclables: means items of refuse designated by the Hennepin County
Department of Environment and Energy to be part of an authorized recycling
program and which are intended for processing and remanufacture or reuse.
H. Refuse: means all wastes (except body wastes), including but not limited to
rubbish, paper, cardboard, ashes, rocks and construction material, normally
resulting from the operation of a household or business establishment, but
not including garbage, recyclables or yard waste.
I. Woody Yard Waste: Hedge or tree trimmings and twigs (1/4 inch diameter
or greater) or Christmas trees which can be hauled to a commercial compost
facility.
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§ 10.40
3. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato
vines, carrot tops, cucumber vines, etc.) softbodied plants (flower and
vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter
maximum), pine cones and needles.
Relettering Source(A-J): Ordinance No.
361, 2nd Series
Effective Date: 1-12-07
Subdivision 2. Littering Prohibited
It is unlawful for any person who does not own, occupy, or control a parcel of
property within the City to throw or deposit litter, yard waste or woody yard waste
on any such property.
Subdivision 3. Owner to Maintain Premises Free of Litter - Disposal
Required
The owner, occupant, and/or person in control of any private property, whether
occupied or vacant, shall at all times maintain the premises free of litter; provided,
however, that this Section shall not prohibit the storage of litter in receptacles
which meet the requirements of this Section. Except to the extent permitted as
composting under this Section, every such person shall also provide for the regular
disposal of garbage, recyclables, refuse, yard waste, and woody yard waste, which
may accumulate upon such private property, including garbage, recyclables, refuse,
yard waste and woody yard waste stored in receptacles which comply with this
Section, which disposal shall be accomplished in a sanitary manner.
Subdivision 4. Garbage, Recyclables and Refuse Storage
The owner, occupant, and/or person in control of any private property, business
establishment, or industry, shall be responsible for the satisfactory storage of all
garbage, recyclables and refuse accumulated at the premises, business
establishment, or industry.
A. Garbage shall be stored in durable, rust-resistant, nonabsorbent, watertight,
rodent-proof, and easily cleanable containers, with close-fitting, fly-tight
covers.
B. Refuse shall be stored in durable containers or as otherwise provided in this
Section. Where garbage is stored in combination with refuse, containers for
the storage of the mixture shall meet the requirements for garbage
containers.
C. Toxic or hazardous wastes shall be stored in the proper containers which are
adequately labeled in a safe location and in compliance with the regulations
of Federal, State and City governments, and their regulatory agencies.
D. All containers for the storage of garbage, recyclables and refuse shall be
maintained in such a manner as to prevent the creation of a nuisance or
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§ 10.40
menace to public health. Containers that are broken or otherwise fail to meet
requirements of this Section shall be replaced with acceptable containers.
Source: Ordinance No. 296, 2nd Series
Effective Date: 5-28-04
E. Garbage, recyclables, refuse, yard waste or woody yard waste objects or
materials too large or otherwise unsuitable for storage containers shall be
stored in a sanitary manner, in compliance with the regulations of Federal
and State government and their regulatory agencies, and in compliance with
the City Code. The owner, occupant and/or person in charge of the premises,
business establishment, or industry shall arrange the disposal of such
garbage, recyclables, refuse, yard waste or woody yard waste objects or
materials as soon as practically possible; provided, however, that, except for
yard waste and woody yard waste which shall be accomplished in forty (40)
days, in all other cases such disposal shall be accomplished within ten (10)
days of the date on which such materials were first stored on such premises,
business establishment, or industry, unless a longer period of storage is
specified by the regulations of a Federal or State government, or their
regulatory agencies, or unless such owner, occupant, and/or person in
charge of such premises, business establishment, or industry obtains a
permit to store such garbage, recyclables, refuse, yard waste or woody yard
waste objects or materials for a longer period from the City Manager or
his/her designee. The City Manager or his/her designee shall issue a permit
for a longer period of storage only upon a showing of need for such storage
and satisfactory evidence that such storage will not endanger the health or
safety of any person or create a nuisance.
Subdivision 5. Location of Containers - Residential Zoning Districts
Containers shall be stored no more than three (3) feet from the primary or
accessory structure and shall at all times be located behind the front of the primary
structure. Containers may be placed at the curb from 5 pm the day prior to
collection to 9 pm the day of collection.
Subdivision 6. Location of Containers - Commercial Establishments
and Multiple Dwelling Units
Any bulk or box type container used for the storage of solid waste or recyclables
must be fully screened from view of the public right-of-way, public park, or
residential area. In no event shall containers be placed next to the street or be
placed or maintained in such a way as to unreasonably interfere with the use of
adjoining property. Recycling containers less than one (1) cubic yard in capacity do
not need to be screened from view of the public right-of-way, but must be placed
on a paved surface. Baled recyclables must be stored out of view from the public
right-of-way other than a twenty-four (24) hour time period before a scheduled
collection.
Source: Ordinance No. 361, 2nd Series
Effective Date: 1-12-07
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§ 10.40
Subdivision 7. Composting
Composting is permitted only on residential properties having up to four (4)
dwelling units provided that all of the following conditions are met:
A. Permitted Composting Materials. Only yard waste, straw, fruit and vegetable
scraps, coffee grounds or egg shells generated from the site on which the
compost is located are permitted composting materials. In addition,
commercially available ingredients specifically designed to speed or enhance
decomposition can be placed in the composting structure.
B. Prohibited Composting Materials. The following materials shall not be placed
in the composting structure: woody yard waste, meat, bones, fat oils, whole
eggs, dairy products, unshredded branches or logs, weeds heavily loaded
with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants,
or any other garbage or refuse except for those permitted above in "A."
C. Composting Structure. All composting materials must be contained in a bin
which may be constructed of wood, wire mesh, a combination of wood and
wire or in commercially fabricated compost bins designed to contain
composting materials. Maximum of one structure is allowed per lot.
D. Composting Structure Size. Composting shall be conducted within an
enclosed structure not to exceed a total of five hundred (500) cubic feet (for
example, 10'x10'x5') in volume. Maximum height of the composting
structure shall be five (5) feet.
E. Location. The composting structure shall be located in the rear yard of the
property, and be at least five (5) feet from the property line, or thirty-five
(35) feet if the property line is also a street line, and no closer than twenty
(20) feet to any habitable building, other than the residents' own home.
F. Maintenance. The compost shall be managed in keeping with standard
compost practices which include providing adequate air circulation to prevent
combustion and objectionable odors to adjacent properties.
G. Nuisance. The operation of composting in a manner that results in
objectionable odors and/or the placing of prohibited materials in a
composting structure to create a health hazard is considered a public
nuisance.
Source: Ordinance No. 296, 2nd Series
Effective Date: 5-28-04
Subdivision 8. Enforcement
The City Manager or his/her designee, has responsibility for the enforcement of
provisions of this Section.
Source: Ordinance No. 361, 2nd Series
Effective Date: 1-12-07
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§ 10.40
A. Warnings. The City or any of its haulers may issue a warning notice to any
person observed not in compliance with any provisions of this Section. Such
warning may serve as the basis to reject noncompliant waste materials for
collection.
Source: Ordinance No. 296, 2nd Series
Effective Date: 5-28-04
B. Inspections. The City Manager or his/her designee shall inspect or investigate
as necessary to determine whether an immediate health hazard exists as a
result of a violation to this Section. Such official may enter upon any land
without the consent of the owner and without being subject to any action for
trespass. However, if entry into enclosed buildings is necessary, such official
shall obtain the consent of the owner, occupant, or person in control of such
premises beforehand. If such permission cannot be obtained, such official
shall obtain a warrant to enter said building based upon probable cause to
believe that a violation of this Section exists. The City Manager or his/her
designee shall carry identification, in a form approved by the Council, and
produce it at the request of any owner, occupant, or person in control of said
premises.
Source: Ordinance No. 361, 2nd Series
Effective Date: 1-12-07
C. City Removal.
1. If the owner of private property fails to maintain the property free of
litter, refuse, yard waste or woody yard waste as required under this
Section, the City may remove the same and assess the cost for said
removal.
2. Prior to City removal of litter, refuse, yard waste or woody yard waste,
the head of the City Manager or his/her designee, shall prepare and serve
the property owner with a notice: a) describing the property and the
violation; b) setting forth a date by which the litter or waste must be
removed (which in no event shall be earlier than 30 days from the date of
notice); c) providing the option for a hearing before the Council (and
setting forth the procedure for obtaining said hearing); and d) warning
that cost of City removal may be assessed against the property.
3. If the property owner desires a Council hearing, the hearing must be
initiated by the property owner before the City commences abatement,
and upon owner's request for a hearing the City Staff shall take no action
to abate the alleged violation.
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§ 10.40
4. If a Council hearing is conducted, the Council may hear evidence from any
interested party. If the Council determines a violation exists, it shall order
a time period within which removal is required of the property owner and
if said order is not fully complied with, then the City Staff shall proceed to
abate the violation and assess the costs therefore against the property.
Source: Ordinance No. 296, 2nd Series
Effective Date: 5-28-04
5. If no hearing before the Council is requested by the owner of the property
and at least 30 days have lapsed since the notice date, the City may enter
the property, remove the litter, refuse, yard waste or woody waste and
assess the cost of removal against the property owner. If the City has
removed said materials from property one or more time in the past 2
(two) years, the notice as stated herein and in item 2 shall be reduced to
a period of not more than ten (10) days.
Source: Ordinance No. 361, 2nd Series
Effective Date: 1-12-07
Renumbering Source (Sub. 7-8):
Ordinance No. 361, 2nd Series
Effective Date: 1-12-07
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