HomeMy WebLinkAbout1970-10 06-01 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 70 -1 0
• AN ORDINANCE AMENDING CHAPTER 7 - GARBAGE AND REFUSE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 7 of the City Ordinances is hereby amended by
the repeal of the following:
(Chapter 7 - GARBAGE AND REFUSE)
(AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF
REFUSE, GARBAGE, SWILL, RUBBISH AND WASTE MATTER, FOR
THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF,
FOR THE REGULATION AND LICENSING OF GARBAGE HAULERS,
AND FOR ABATEMENT OF REFUSE ACCUMULATIONS: IMPOSING
A PENALTY FOR VIOLATION THEREOF)
(Section 7 -101. DEFINITIONS. Whenever used in this ordinance, words
shall have the following - meanings:
Refuse means all solid waste products or those having the character of solids
rather than liquids in that they will not flow readily without additional liquid and which
are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings,
trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes
or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen,
dining room, market, food establishment or any places dealing in or handling meat,
fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals;
tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting
from the demolition, alteration or construction of buildings or structure; accumulated
waste materials, cans, containers, tires, junk, or other such substance which may
become a nuisance.
Garbage includes every acczmulaticnof animal, vegetable or other matter that
attends the preparation, consumption, display, dealing in or storage of meat, fish,
fowl„ birds fruit or vegetables, including the cans, containers or wrappers wasted
along with such materials.
Swill includes that particular garbage which is wholly or nearly edible and
usable as a food and has food value for animals or fowl, accumulating from animal,
vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and
public eating_ places.
Rubbish includes wood, leaves, trimmings from shrubs, dead trees or branches
thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper
board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles
not included under the term garbage.
Waste matter includes waste matter composed of soil, earth, sand, clay, gravel,
loam, stone, brick, plaster, crockery, glass, glassware, ashes, dlnders, shells,
metal and all other noncombustible material which has been or is to be discarded. )
(Section 7 -102. REFUSE CONTAINERS REQUIRED. The occupant of any private
dwelling, the keeper or manager of any hotel, motel., restaurant, eatirig_house, or
• boarding house or any building where meals are served, the owner of any flat or apart-
ment house, trailer camp or auto court, and any other person having refuse as herein
defined, shall provide and keep on such premises sufficient containers for the storage
of all refuse accumulated on the premises between collections. Each such container
ORDINANCE NO. 70 -10
shall be water tight, shall have a tight fitting lid, shall be impervious to insects,
rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed
30 gallons in size unless otherwise specifically authorized in writing by the Village
Sanitarian. However, nothing herein shall be deemed to require the storage in
containers of any refuse which is immediately consumed or disposed of in an
approved incinerator.)
(Section 7 -103. REFUSE TO BE KEPT IN CONTAINERS. All refuse on any
premise shall be stored in the containers required by Section 2 hereof, except as the
same may be consumed or disposed of on such premises as permitted by said
section.)
(Section 7 -104. PLACING OF CONTAINERS. The containers shall be placed
in the rear of the premises in such a manner as to be out of view from the street
in front of the premises or placed in a garage located on the premises. In no event
shall containers be placed next to the street or curb or be placed or maintained
in such a way as to unreasonably interfere with the use of adjoining property.
Containers kept outside shall be placed in such a manner as not to permit entry
of or harborage for animals, insects or other vermin.)
(Section 7 -105. FREQUENCY AND MANNER OF COLLECTION. The contents
of the containers shall be collected once every week,- or more frequently if required
by the provisions of any other ordinance of the Village, by a collector licensed
hereunder. He shall transfer the contents of the containers to his vehicle without
• spilling them, or if any spilling occurs, he shall clean it up completely. Upon
each collection, the containers shall be completely emptied and returned to the
racks or stands where they are kept, and the lids of the containers shall be replaced.)
(Section 7 -106. DEFECTIVE CONTAINERS. If upon inspection by the
Village Sanitarian, a container is found to be in poor repair, corroded or otherwise
defective so as to permit insects, vermin or rodents to enter, or does not meet
other requirements of this ordinance, the Sanitarian shall notify the provider or
user of the container of the deficiency and shall require repair or replacement
of the container and shall state a compliance date in the notice. If the deficiency
is not corrected by said compliance date, the Sanitarian shall condemn the
deficient container and affix a tag so stating such condemnation. It shall be
unlawful for any person to place or deposit refuse in a container which has been
condemned.)
(Section 7 -107. COLLECTOR MAY CANCEL SERVICE. The collector shall
cancel service to any premises when the only container or containers thereon have
been condemned, and may cancel service for cause, or when the party chargeable
for the collection service is two months of more overdue in paying for such service.)
•
ORDINANCE NO. 70 -10
(Section 7 -108. ABATEMENT OF REFUSE ACCUMULATION.
Any accumulation of refuse on any premises not stored in containers which comply
with this ordinance, or any accumulation of refuse on any premises which has
remained thereon for more than one week is hereby declared to be a nuisance
and shall be abated by order of the City Health Officer, as provided by Minnesota
Statutes. Sections 145.22 and 145.23 , and the cost of abatement may be
assessed on the property where the nuisance was found, as provided in said
section.)
(Section 7- 108.10. DISPOSAL OF REFUSE RESTRICTED.
It is hereby declared unlawful for any person, firm or corporation to throw,
scatter, or deposit, or cause or permit to be thrown, scattered, or deposited,
any refuse upon or in any public or private lands or bodies of water
within the City of Brooklyn Center.)
(Section 7 -109. HAULERS TO BE LICENSED. No person shall engage in
hauling or conveying rubbish, garbage or other refuse from any premises in the
City unless he holds a valid license hereunder.)
(Section 7 -110. LICENSE PROCEDURE OR CONTROL: PENALTIES.
The provisions of Sections 23 -001 - 23 -013 of the City Ordinances including
the penalty provisions thereof, shall apply to all licenses required by this
ordinance and to the holders of such licenses.)
(Section 7 -111. APPLICATIONS. The application for license or renewal
of license shall contain a description of the types and makes of motor vehicles
used for collection, a schedule of the charges to be made to customers, the
frequency of service to be rendered and full information as to where and how
the material collected will be disposed of, and any other information the City
Sanitarian shall require. )
( Section 7 -112. PERFORMANCE BOND REQUIRED. Applicants for
licenses or renewal of licenses shall file with each application a bond in the
penal sum of $200.00 of the equivalent thereof, conditioned that he will faith-
fully continuously provide a garbage and /or rubbish collection service, as
specified in his application, as approved by the City Council and Sanitarian,
and under the conditions imposed by the Ordinances of the City and the lawful
orders, rules and regulations promulgated by the Public Health Sanitarian.)
( Section 7 -113. INSURANCE POLICIES TO BE FILED. Applicants for
licenses or renewals of licenses shall file with each application a copy of
an insurance policy or of insurance policies under which there is coverage
as to each vehicle to be used, for the entire term of the license applied for,
for loss or damage to persons in the amount of $100, 000 for each person and
$300, 000 for each accident, and for loss or damage to property in the amount
of $50, 000. Each such policy shall provide that it shall not be cancelled or
terminated without notice thereof first being given to the City. )
(Section 7 -114. FEE. The fee for the license required by this ordinance
shall be $10 for each vehicle to be used.)
(Section 7 -115. TERM OF LICENSE. The term of each license hereunder
shall be from January 1 to December 31. )
ORDINANCE NO. 70 -10
( Section 7 -116. ADMINISTRATION BY PUBLIC HEALTH SANITARIAN.
Applications for license hereunder shall be submitted to the City Public Health
Sanitarian and licenses shall be granted or denied based on the recommendation
` of the sanitarian. The City Public Health Sanitarian is hereby made the deputy
of the City Administrator for the purpose of notifying licenses of violations, and
suspending or recommending the revocation of licenses.)
( Section 7 -117. DECALS TO BE PLACED ON VEHICLES. Whenever a
license or renewal has been granted hereunder, the City Clerk shall furnish
to the licensee a decalcomania for each vehicle. The decalcomania shall be
so worded as to signify that the vehicle is licensed by the City. The licensee
shall apply the decalcomania to the forward left side of the body of each vehicle
licensed.)
S do
( ec n 7- -118., SPECIFICATIONS OF VEHICLES. The body of every
vehicle licensed hereunder shall be constructed entirely of metal, or the space
in the vehicle in which refuse will be kept shall be completely lined with metal.
All joints shall be effectively closed so that no dripping or leaking or draining
off of water, liquid or any substance can occur. The loading space shall be
provided with a tight metal hood having an opening fitted with metal doors, or
shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes,
grommets, tie ropes or hooks so that the cover can be held securely over the
loaded refuse. Every vehicle used for collecting garbage or swill shall have
a permanent metal cover.)
( Section 7 -119. CLEANLINESS OF VEHICLES. Every vehicle license
hereunder shall be kept well painted, clean and in good repair. Every such
vehicle used for collecting garbage or swill shall be cleaned every week or
oftener if necessary to prevent persistent odors, and shall be cleaned before
being used for any other purpose. )
(Section 7 -120. MARKING OF VEHICLES. Every vehicle used to collect
refuse shall have the name of the owner or operator on the body, or placed on
a durable metal or wood plaque which shall be fastened to the body when the
vehicle is used for collecting garbage or refuse.)
( Section 7 -121. LOADING VEHICLES. Rubbish or waste matter shall
be so loaded that none of such materials can jar loose and fall to the ground
or street when the vehicle is in motion. Loose paper, trash and small
materials shall be so secured that they cannot be dispersed by the wind or
fall out of the vehicle.)
( Section 7 -122. CONTAINERS USED IN VEHICLE. Containers used
to store or carry garbage or refuse in any vehicle licensed hereunder shall
comply with the requirements of Section 2 hereof.)
( Section 7 -123. PENALTY. Any person violating any provision of this
ordinance shall, upon conviction, * is .punishable by a fine of not more. than
Three Hundred ($300.00) and by.imprisonment not to exceed ninety (90) - days
Such penalty may be imposed in addition to revocation or suspension of a
hauler's license, and in addition to cost of abatement of nuisance hereunder.)
ORDINANCE NO. 70- 10._.....,..
( Atmospheric Pollution)
( AN ORDINANCE TO REGULATE AND CONTROL ATMOSPHERIC POLLUTION)
(Section 7 -701. AIR POLLUTION PROHIBITED. No person shall cause,
suffer or allow to be emitted into the open air any foreign materials such as dusts
gases, fumes, mists, vapors, smokes, and odors in quantities which, by reason
of their objectionable properties, shall constitute a nuisance because they:
a. Injure, or are sufficient to injure, the health or safety of any person
or the public;
b. Create an obnoxious odor in the atmosphere;
c. Cause damage to property or inconvenience to the general public;
d. Create a nuisance or hazard by obscuring vision; or
e. Have a deleterious effect upon trees, plants, or other forms of
vegetation.)
(Section 7 -702. STANDARDS FOR INDUSTRIAL PLANTS. Any industrial or
manufacturing plant causing dust, vapor, mist, odors or fumes to be emitted so
as to cause a concentration thereof in excess of the maximum allowable standards
set forth in "Industrial Safety Standard, Laws and Oodes" adopted by the Industrial
Commission of Minnesota, copies of which are on file in the City Office, shall
be required to collect said dust, vapor, mist, odors or fumes in a manner which
eliminates the objectional properties in such emission. These standards shall be
supplementary to and shall not limit the standards s'et out in Section 7-701.)
(Section 7 -703. ENFORCEMENT. The Building Inspector and his duly
appointed subordinate shall have the primary responsibility for the enforcement of
this Ordinance and shall investigate all complaints regarding atmospheric pollu-
tion. Upon recommendation of the Building Inspector, the Council shall have the
power to engage an Industrial Engineer qualified in the field of atmospheric pollu-
tion to assist the Building Inspector in the enforcement of this Ordinance.)
(Section 7 -704, VIOLATIONS AND PENALTIES. Any and all persons who shall
violate any of the provisions of this ordinance or fail to comply therewith, or
who shall violate or fail to comply with any order or regulation made thereunder,
shall severally for each and every such violation and non - compliance respectively
be guilty of a misdemeanor, and upon conviction thereof, be fined not to exceed
Three Hundred ($300.00) Zdlars and by impcisohment not to exceed ninety (90) Heys
Imposition of one penalty for
p y an violation of this ordinance shall not excuse the
_ y
violation, or permit it to continue, and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time. Each day
during which a violation exists shall be deemed a separate offense. The applica-
fiion of the penalty above shall not be held to prevent the enforced removal or
w correction of prohibited conditions. )
(Section 7 -705. EFFECT. This ordinance shall be effective upon its passage
and publication. )
Ordinance No. 70 -10
Section 2: Chapter 7 of the City Ordinances is hereby amended by the
addition of the following:
AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE,
GARBAGE, SWILL, RUBBISH AND WASTE MATTER, AND FOR THE
REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE
REGULATION AND LICENSING OF REFUSE HAULERS, FOR ABATEMENT
OF REFUSE ACCUMULATIONS AND FOR ADOPTION OF AIR POLLUTION
CONTROL REGULATIONS
Section 7 -101. DEFINITIONS. Whenever used in this or dinance , words
shall have the followina meanings:
A. Approved shall mean acceptable to the Health Authority following his
determination as to compliance with established public health practices and
standards.
B. Council shall mean the governing body of the municipality,
C. Garbaae includes all Dutrescible animal, vegetable or other matter
that attends the preparation, consumption, disDlav, dealing in or storage of meat,
fish, fowl, birds, fruit, or vegetables, including the cans. containers or wrappers
wasted along with such materials.
D. Health Authority shall mean the municipal Public Health Sanitarian or
his authorized representative.
E. Manager shall mean the administrative head for the municipality.
F. Open Burning shall mean the burning of any matter whereby the resultant
combustion products are emitted directly to the open atmosphere without passing
through an adequate stack, duct, or chimney.
G. Owner is any person, firm, corporation, or other partnership or organiza-
tion who alone, jointly, or severally with others shall be in ownership of, or have
charge, care or control of, any premises or business within the municipality as
owner, employee or accent of the owner, or as trustee or guardian of the estate or
, Person of the title holder.
H. Person is any person, firm, partnership, association corporation,
company, or organization of any kind.
I. Premises is any dwelling, house, building, or other structure or parcel of
property.
T. Public Place is any and all streets, sidewalks, boulevards, alleys,
parks, public buildings, and other public ways.
Ordinance No. 70 -10
K. Refuse means all solid waste products or those having the character
of solids rather than liquids in that they will not flow readily without additional
liquid and which are composed wholly or partly of such materials as garbage, swill,
• sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic
solid wastes; organic wastes or residue of animals sold as meat, fruit or other
vegetable or animal matter from kitchen, dining room, market, food establishment
or any place dealing in or handling meat, fowl, fruit, grain, or vegetables; offal,
animal excreta, or the carcass of animals; tree or shrub trimmings, or grass
clippings; brick, plaster, wood, metal or other waste matter resulting from the
demolition, alteration or construction of buildings or structures; accumulated waste
materials, cans, containers, junk vehicles, ashes, tires, junk, or other such
substance which may become a nuisance.
L. Rubbish is non - putrescible solid wastes such as wood, leaves, trimmings
from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden
waste, printed matter, pap_ er, paper board, paste board, crass, rags, straw, boots,
shoes, hats and all other combustibles not included under the term garbage.
M. Swill includes that particular garbage which is wholly or nearly edible
and usable as a, food. and, has food value for animals or fowl, accumulating from
animal. veaetable or other matte_ r wasted from clubs, hotels, hospitals. restaurants.
and public eating places.,
N. Vehicle is every device in, upon, or by which any person or property is
or may be transported or drawn upon a thoroughfare including devices used
• exclusively upon stationary rails or tracks.
O. Waste Matter is non - putrescible solid waste such as soil, earth, sand,
clay, gravel. loam. stone, brick. plaster, crockery. alass. glassware. ashes,
cinders, shells. metal and other noncombustible material which has been or is
to be discarded.
Section 7 -102. REFUSE STORAGE AND DISPOSAL.
A. Containers Required. The owner of any premises, and any other person
having refuse n k on such premises sufficient
g e e as herein defined, shall provide and keep ch p e
containers for the storaae of refuse accumulated on the premises between disposal
or collection. Each such container shall be water tight, shall have a tight fitting lid,
shall be impervious to insects . rodents, vermin, and absorption of moisture and
shall not exceed 30 gallons in size unless otherwise specifically authorized in
writing by the Health Authority.
All refuse on any premises shall be stored in the containers required herein,
except if the same may be immediately consumed or disposed of on such premises
in an approved incinerator.
All commercial, business, industrial, or other such establishments having
. a refuse volume in excess of two cubic vards per week, and all six family and
larger dwellings, shall provide approved bulk or box type refuse storaae con-
tainers or approved eauivalent. These containers shall be so located as to be
accessible to collection eaiiinme_nt and so as not to require an intermediate
transfer.
Ordinance No. 70 -10
B. Sanitary Disposal. All refuse shall be disposed of in a sanitary manner
as approved by the Health Authority and shall not constitute a nuisance. Refuse
shall not be composted or bu ried exce that co mposting in an ap proved rodent and
fly proof device and /or fillina operations usina approved fill materials and methods
may be permitted. In no case can aarbaae be composted or buried.
C. Frequency and Manner of Collection. The contents of the containers shall be
collecte on ce every week or m .or? fregit? if nPniPs s a - ry or reauired, by the provisions
of any other ordinance of the municipality. by a collector licensed hereunder. He
shall transfer the contents of the containers to his vehicle without spilling them, or
if any spilling occurs, he shall clean it up immediately and completely. Collection
shall be conducted in such a manner as to not create a nuisance. Upon each
collection, the containers shall be completely emptied and returned to the racks or
stands where they are kept, and the lids of the containers shall be replaced.
D. Placinq of Containers. The containers shall be placed in the rear of the pre
mises- or in such a manner as to be out of view from the street in front of the premises or
Placed in a g arage loc ated_ on the premi . except as may be reasonable and immediately
necessary for collection. In no event shall containeLG he p1eLq@d, or maintained in such
a way as to unreasonably interfere_ with the use of adioinina property. Containers kept
outside shall be placed in such a manner as not to permit entry of or harborage for
animals, insects or other vermin, and so maintained as not to be tipped over. Con-
tainers shall be maintained in a reasonably clean condition at all times.
E.. Defective Containers. If. upon inspection by the Health Authority, a
container is found to be in poor repair. corroded or otherwise defective so as to permit
insects, vermin or rodents to enter or does not meet othe requiremen of this
ordinance. the Health Au thority shall notify the provider or user of the co ntainer of
the deficiency and shall regu irP n-nair or replaci-mPnt of the container and shall state
a compliance date in the notice. If the deficiency is not corrected by said compliance
date the Hea Author shall condemn the deficient container and affix a taa so
statinq such cond emnation. It sh all be unlawful for any person to place or deposit
refuse in a container which has been condemned.
Section 7 -103. REFUSE HAULERS REGULATIONS.
A. License Required. No person shall engage in haulinq or conveyina refuse
from any premises, other than his own domicile, in the municipality unless he holds
a valid license hereunder. Each such vehicle so used must be licensed.
B. License Procedure. The rovisions of Sections 23 -001 throuah 2 -
p 3 013
of the City Ordinances, includinq the license fee and u=a.lty provisions thereunder,
shall apply to all licenses required by this ordinance and to the holders of such license..
The term of each license hereunder shall be from Tulv 1 throuah Tune 30.
The applications for license or renewal of license shall contain a description,
of the types and makes of motor vehicles used for collection, a schedule of se rvices
• to be made to the customers, the freauencv of service to be ren dered, and fi fl1 infnz--
mation where and how the material collected will be disposed of, and any other infor-
mation the Health Authority shall reauire . Applicants for licenses. after Tulv 1, 1970 .
to provide routine weekl collection and removal of refuse from reside shaLL- provide,,
Ordinance No. 70 -10
as required under this ordinance, complete collection of all refuse which normally
results_ from day to day use of this type of property except furnishings, appliances,
building or construction wastes and similar bulky wastes for which individuals must
• make special arrangements. The Health Authority may require vehicl4 inspection
before processing the license application.
Applications for license hereunder shall be submitted to the Health Authority
for review and recommendation. If the Council is satisfied that the public need,
convenience, and good order will be served thereby, it may grant a license to any
such applicant meeting the requirements of this ordinance.
C. License Classification. Applicants for licenses issued hereunder shall
be issued for the following classes of operation;
Class
Residential Refuse Collection Vehicle
Class II
C mmercial an Business Refu Collection Vehicle
Class III
,esidential and QDM=rcial Refuse Collect Vehicle
Class IV
Rubbish and Waste matte Goll.P_o_.tie Vehicle
Class V
Rendpring Colle Vehicle
D. Insurance. Applicants for licenses or renewals of licenses shall file
with each application a copv of an insurance policy or policies and an endorsement,
under which there is coveraae as to eac vehicl to be used for loss or damaae to
Persons in the amount of 5100.000 for each person and $300.000 for each accident; and for
loss or damage to property in the amount of $50.000. Every such policv shall provide
that it shall not be cancelled or terminated for anv reason without at least 10 days
written notice thereof first being given to the municipality.
E. Vehicle License Decals. Whenever a license or renewal has been granted
hereunder, the Health Authority shall furnish to the licensee a decalcomania for each
vehicle. The decalcomania shall be so worded as to signify that the vehicle is licensed
by the municipality. The licensee shall apply the decalcomania to the left forward
side of the body of the appropriate licensed vehicle as indicated by the Health Authority.
Old, expired, or otherwise invalid decalcomania shall be removed from the vehicle.
F . Vehicle Specifications. Every vehicle used to collect refuse shall have
the name of the owner or operator on the body or placed on a durable metal or wood
plaque attached to the body. Said lettering shall be at least three inches in height
and the color of the lettering and of the background shall be contrasting.
The body of every vehicle licensed hereunder shall be constructed entirely of
metal or the space in the vehicle in which refuse shall be kept shall be completely
lined with metal. All joints shall be effectively closed so that no dripping or leaking
or drain off of water, liquids or any substance can occur. The loading space shall be
provided with a tight metal hood having an opening fitted with metal doors, or shall be
provided with a he avy tarpaulin or equivalent cover fitted with eyes, grommets. tie row
Ordinance No.70 -10
or hooks so that the cover can be held securely over the loaded refuse. Every
vehicle used for collection of garbaqe or swill shall have a permanent metal cover.
Every vehicle shall be equipped with the necessary hand tools for cleaning up spills.
G. Vehicle Maintainence. Every vehicle licensed hereunder shall be kept
well painted, clean, and in good repair. Every such vehicle used for collecting
garbage or swill shall be cleaned every week or oftener as necessary to prevent
persistant odors and shall be cleaned before being used for any other purposes.
H. Vehicle Loading. Garbage, refuse, rubbish, or other waste matter shall
be so loaded that none of such materials can jar loose and fall to the ground or street
when the vehicle is in motion. Loose paper, trash, and similar materials shall be so
secured that thev cannot be displaced by the wind or fall out of the vehicle. Con-
tainers used to carry refuse in or on a vehicle s hall comely with tYie reauir
of Section 2 hereunder.
I. Service Cancellation. The collector shall cancel service to any premises
when the only container or containers thereon have been condemned and may cancel
service for cause or when the party charged for the collection service is two months
or more overdue in paying for such services. When any collector cancels service to
any premises, written notice thereof shall be served upon or mailed to the occupant,
manager or owner of the premises and a copy of the notice shall be mailed to the
Health Authority.
J. Vehicle Storage and Parking. No person shall at any time park, or store,
any refuse collection vehicle on any premises zoned for use as a single or multiple
residence dwelling, within one hundred feet of any aforementioned premises, or
within two hundred feet of any food establishment, for purpose other than, or for
periods inconsistent with, providing refuse collection at said premises. No person
shall at any time park or store any loaded or partially loaded refuse collection vehicle
on any premises within the municipality, except for the purpose of and for periods
consistent with providing refuse collection at that parcel of property.
Section 7 -104. REFUSE. LITTERING PROHIBITED.
No person shall throw, scatter or deposit, nor cause or permit to be thrown,
scattered or deposited any refuse, handbills, or other littering materials upon or in
any public or private lands, bodies of water, vehicles or structures within the
municipality. Every person shall maintain his premises and abutting sidewalks and
boulevard areas free of refuse litter.
Section 7 -105. NUISANCE ABATEMENT.
Any accumulation of refuse on any premises not stored in containers which
comply with this ordinance, or any accumulation of refuse on any premises which
has remained thereon for more than one week is hereby declared to be a nuisance and
may be abated by order of the City Health Officer, as provided by Minnesota Statutes,
Sections 145.22 and 145.23, and the cost of abatement may be assessed on the
property where the nuisance was found, as provided in said section.
Ordinance No. 70 -10
Section 7 -106. MINNESOTA POLLUTION CONTROL AGENCY REGULATIONS
is ADOPTED.
A. Regulation Adopted. Subiect to specific modifications and additions
contained herein, the municipality hereby adopts by reference Air Pollution Control
Regulations Nos. 7 (Incinerators) and 8 (Open Burning Restrictions) contained in the
Minnesota Pollution Control Agency document entitled "Ambient Air Quality Standards
and Air Pollution Control Regulations ", adopted May 11, 1969, filed with the
Secretary of State Tuly 3, 1969, and filed with the State Department of Administration
July 7, 1969, including all subsequent amendments thereto. Three copies of such
regulations shall be on file and available for inspection,'-in the Office of the Clerk.
These regulations shall not apply to wood burning fireplaces, nor to fires used solely
for preparation of food by barbecuing.
B. Modifications to APC Regulations. It is hereby determined, effective
July 1, 1970, that adequate refuse collection service is available to the municipality.
Open burning is thereafter prohibited. Effective Tanuary 1, 1971, no device or con-
tainer for open burning shall be maintained on any premises. Exceptions to APC
Regulation No. 8 shall require written approval of the municipal Fire Chief.
All incinerators of less than 2000 lbs. /hr. capacity shall comply with the
provisions of APC Regulation No. 7 on or before Tanuary 1, 1971.
. Section 7 -107. SEPARABILITY.
If anv section, subsection. group, phrase, sentence, or portion of this
ordinance is for any reason held invalid or unconstitutional, such portions shall
be deemed a separate distinct and independent provision and such hoDing shall
not affect the validity of the remaining portions hereof.
Section 7 -108. PENALTY.
Any person violating any of the provisions of this ordinance shall, upon
conviction, be guilty of a misdemeanor, and subject to a fine of not more than
$300 and by imprisonment for a period of not exceeding 90 days. Each day that
a violation exists shall constitute a separate offense.
Section 3: This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this lst day of June A, 1970.
Mayor
ATTEST:
• Clerk
Published in the Official Newspaper May 21, 1970
Effective Date June 20, 1970