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6.35 - Solid Waste Collection and Conveyance of Garbage, Refuse, Yard Waste, and Recyclables § 6.35 Section 6.35� Solid Waste Collection and Conveyance of Garbage, Refuse, Yard Waste, and Recyclables Source: Ordinance No. 359, 2nd Series Effective Date: 1-12-07 Subdivision 1. Definitions The folbwing terms, as used in this Section, shall have the meanings stated: Source: Ordinance No. 87, 2nd Series Effective Date: 3-12-92 A. Garbage: means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foad. B. 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 hause, 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. C. Litter: means garbage, recyclables and refuse. D. 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. E. Refuse: means all wastes (except body wastes), including but not limited to rubbish, paper, cardboard, ashes, rocks and construction material, normally resulting fram the operation of a household or business establishment, but not including garbag�, recyclables or yard waste. Source: Ordinance No. 87, 2nd Series Effective Date: 3-12-92 F. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) softbodied plants (flower and vegetable plants), shrub or tree trimmings and twigs (1/4 inch diameter maximum), pine cones and needles. Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 Golden Valley City Code Page 1 of 7 § 6.35 G. Waody Yard Waste: Hedge or tree trimmings and twigs (1/4 inch diameter ar greater) or Christmas trees which can be hauled to a commercial compost facility. H. Rear Yard: A yard extending across the full width of the property and lying between the rear line of the lot and the nearest line of the principal building. Source: Ordinance No. 92, 2nd Series Effective Date: 6-25-92 Relettering Sources (A-H): Ordinance No. 296 and No. 359, 2nd Series Effective Dates: 5-28-04 and 1-12-07 Subdivision 2. Contract and Licensing Requirements. A. Residential Disposal of Waste. Every household, including occupants of multi- family dwellings with four (4) or fewer units, must either directly or through the owner ar 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. B. Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multi-family dwelling with greater than four (4) 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. C. 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. D. 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. E. License Requirements. In addition, to the requirements otherwise set forth in this Section for the issuance and maintenance of a license to collect or Golden Valley City Code Page 2 of 7 § 6.35 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 April 1 to November 15, 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. Source: Ordinance No. 477, 2nd Series Effective Date: 12-30-11 *Subdivision 3. Application and Fees Any person desiring a license to collect garbage, recyclables or refuse shall make application for the same to the City Manager's designee upon a form prescribed by the Council. The application shall set forth the name of the business, the owner's name, the number of vehicles to be used in the City, a description of the vehicles as to physical characteristics, year and name of manufacturer, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of collection routes, and the location of proposed dumping area, the telephone number where the applicant can be conveniently reached. The applicant shall accompany such application with proof that the applicant has public liability insurance in the amount of at least one hundred thousand dollars ($100,000) for injuries, including accidental death, to any one person and in an amount not less than three hundred thousand dollars ($300,000) on account of one accident, and property damage insurance in an amount of not less than fifty thousand dollars ($50,000). In addition, the applicant shall provide proof that applicant has obtained worker's compensation insurance in compliance with the laws of the State of Minnesota. The application shall include a statement that the person making application has paid all license fees and taxes required therefor. A license fee in the amount established by the Council shall be charged for each vehicfe to be operated within the City by such applicant garbage, recyclable and refuse hauler, during any part of the license year, shall accompany the application, and upon grant of the license, the fees shall be deposited in the General Fund. No license issued hereunder shall be for a longer period than one year, and all licenses shall expire on April 1st of each year. Golden Valley City Code Page 3 of 7 § 6.35 *Subdivision 4. Granting of License Tf the City finds that the applicant is responsible and has proper equipment for such collection, and that a need exists for additional garbage, recyclables or refuse service and that no nuisance is liable to be created by the granting of said license, it may grant the applicant a license for the collection of garbage, recyclables and/or refuse. Source: Ordinance No. 359, 2nd Series Effective Date: 1-12-07 *Subdivision 5. Vehicles A. Vehicles used to collect and transport garbage over the streets and alleys of the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. B. Vehicles used to collect and transport refuse over the streets and alleys of the City shal! campletely contain said refuse in a tightly sealed unit, to prevent the refuse, solid or liquid, from leaking, spilling, dropping, or blowing from the vehicle. Source: Ordinance No. 87, 2nd Series Effective Date: 3-12-92 C. Vehicles must be kept in good repair and in clean and sanitary condition and are subject to periodic inspection by the City Manager's designee. Vehicles shall be equipped with brooms and shovels for use in sweeping up all garbage, recyclables, yard wastes and refuse spilled during collection or hauling thereof. Source: Ordinance No. 359, 2nd Series Effective Date: 1-12-07 *Suadivision 6. Disposal Disposal of any garbage, recyclables, refuse, yard waste or woody yard waste collected by any private hauler, shall not be made except at places specifically authorized by the Minnesota Pollution Control Agency and the Hennepin County Board. Source: Ordinance No. 92, 2nd Series Effective Date: 6-25-92 *Subdivision 7. Scattering of Garbage, Recyclables, Yard Waste, Woody Yard Waste or Refuse It is unlawful for any person to, and no licensed collector shall, permit or allow any of the employees of such collector to cast, spill, place, sweep, or deposit anywhere within the City any garbage, recyclables, yard waste, woody yard waste or refuse in such a manner that it may be carried or deposited by the elements upon any street, Golden Valley City Code Page 4 of 7 § 6.35 sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City. Any citizen participating in a City sponsored program to remove such wastes shall be exempt from these provisions for a period of forty (40) days prior to the scheduled date of pick-up. Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 *Subdivision 8. Hours of Collection A. Residential and Multiple Dwelling Districts. Collection of garbage, recyclables, yard waste, woody yard waste and refuse in a residential or multiple dwelling zone shall be only between 7 am and 6 pm. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this Section; no such special permit shall extend for a period of more than fourteen (14) days fram date of its issuance. 6. All other Zoning Districts. Collection of garbage, recyclables, yard waste, woody yard waste, and refuse in all zoning districts not included in Section A of this subdivision shall be prohibited between 10 pm and 6 am. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this Section; no such special permit shall extend for a period of more than fourteen (14) days from date of its issuance. Source: Ordinance No. 359, 2nd Series Effective Date: 1-12-07 *Subdivision 9. Conditions of Licensing Licensees engaged in residential collection shall furnish a full class of residential services for pickup of garbage and refuse. �icensees engaged in recycling collection from multifamily dwellings in excess of four units shall furnish a full class of services for pickup of recyclables, accepting at a minimum, all materials collected in the City's curbside recyding program as outlined in the current curbside recycling contract. Licensing of garbage, refuse, and recycling haulers by the City shaU not preclude the City fram contracting with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City. Source: Ordinance No. 153, 2nd Series Effective Date: 12-12-967 Golden Valley City Code Page 5 of 7 § 6.35 *Subdivision 10. Revocation of License Any license issued hereunder may be revoked or suspended by the Council if false statements have been made in the application therefor and may be revoked upon failure of a licensee to comply with the requirements of the provisions of the City Code. Source: Ordinance No. 87, 2nd Series Effective Date: 3-12-92 *Subdivision 11. Recycling Program The City shall maintain a recycling program designed to reduce the amount of recyclables generated within the City for disposal. Reports providing information on generation, collection and disposal of garbage, recyclables, refuse, yard waste and woody yard waste within the City shall be submitted to Hennepin County as prescribed by its Department of Environment and Energy. The City Manager's designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling program shall consist of: Source: Ordinance No. 359, 2nd Series Effective Date: 1-12-07 A. Curbside Recycling. The City shall contract for curbside recycling to all single and multiple family residences of four (4) units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by Hennepin County. B. Commercial and Institutianal Recycling. Commercial and institutional entities within the City shall contract, through a licenses private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. C. Multifamily Recycling. Owners of multifamily dwellings containing more than four (4) dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on- site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this Section and shall meet applicable Hennepin County requirements. Source: Ordinance No. 478, 2nd Series Effective Date: 3-03-12 D. Special Collection and Drop-off Programs. Licensed residential haulers operating within the City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. Golden Valley City Code Page 6 of 7 § 6.35 E. No Scavenging. It shall be unlawful for unauthorized persons to collect, remave or dispose of recyclable materials after said materials have been placed or deposited for collection. Source: Ordinance No. 92, 2nd Series Effective Date: 6-25-92 *Subdivision 12. Enforcement and Warnings The City Manager's designee has responsibility for the enforcement of the provisions of this Section. 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. 359, 2nd Series Effective Date: 1-12-07 Renumber Source (Subd. 2-12): Ordinance No. 359, 2nd Series Effective Date: 1-12-07 Golden Valley City Code Page 7 of 7