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HomeMy WebLinkAbout1967-23 12-11 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 67-23 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND ADDING PORTIONS THERETO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLON S: Section. 1: Chapter 7 of the City Ordinances is hereby amended by the repeal of the following sections: (Section 7 -201. DISPOSAL OF GARBAGE RESTRICTED. It shall be unlawful for any person either to cause, or allow, garbage to be deposited or left upon any street, alley or other public highway, or upon any land within the Village of Brooklyn Center. No garbage shall be deposited in or upon any public dump hereinafter provided or established.) (Section 7 -202. DISPOSAL OF REFUSE RESTRICTED. It shall be unlawful for any person, firm or corporation to throw, scatter upon or deposit, or cause or permit to be thrown, scattered upon or deposited, any rubbish, trash, refuse, waste material, decaying or offensive matter, or like substance, upon or in` • any street, public highway, lake, stream or other body of water, whether frozen or not, or upon or in any land or area not designated as a public dump in the Village of Brooklyn Center; provided, however, that any lawful occupant of land may place such matter on such land for reasonable periods of time so long as the same constitutes neither a fire hazard nor a public or private nuisance.) (Section 7 -203. APPLICATION AND GRANTING OF PERMITS FOR PUBLIC DUMPS. The Village Council may grant a special permit for the use of such land as it may in its discretion deem desirable and proper for use as public dumping places in accordance with the provisions of this ordinance. Any person desiring to operate a public dump may make application as provided for special permits under the Zoning Ordinance of the Village of Brooklyn Center. Notices and hearing shall be in accordance with such ordinance. The Village Council may impose such restrictions in the permit in addition to those set out in this ordinance as it deems Ordinance No. 67 -23 Page 2 Section 7 -203 continued proper. The application shall be accompanied by an annual fee of Two Hundred Fifty ($250) Dollars or such proportional part of that fee corresponding to such shorter periods within which the permit expires. All special permits issued hereunder shall expire on the 30th day of June next following the granting of the same unless sooner revoked by the Village Council. Upon favorable action by the Village Council to grant a special permit the applicant shall file with the Village Clerk a surety bond to be approved by the Clerk in the amount of Two Thousand ($2,000.00) Dollars, or such additional amount as the Village Council may require, conditioned upon full compliance with the ordinances of the Village and for the benefit of any person who may be injured by the operation of the public dump. Any expense incurred by the Village Council in enforcing the provisions of this ordinance, or fines imposed shall be reimbursed from this bond. The special permit shall be effective only upon the filing of such bond.) (Section 7 -204. FILING AND RECORDING OF PERMITS. A certified copy of all special permits shall be recorded each year on the record title of the property and such certified copy shall then be filed with the Village Clerk together with the endorsement of the Register of Deeds or Registrar of Titles within 60 days after granting the permit.) ( Section 7 -205. TRANSFER OF PERMITS. Such special permit shall not be • transferable except with the consent of the Village Council, All applications for the transfer of such permits shall be in writing and shall conform in all respects with the provisions of this ordinance governing the filing of an original application except that said application need be accompanied only by a transfer fee of Ten ($10.00) Dollars.) ( Section 7 -206. REVOCATION OF PERMITS. No special permit granted hereunder shall create any vested right in the holder and any such permit may be terminated at will by the Village Council as hereinafter provided, and such revocation shall be final and shall not give rise to any cause of action or claim against the Village.) ( Section 7 -207. REVOCATION OF PERMITS - WHEN HEARING REQUIRED. Such special permit may be revoked by the Village Council without notice following a conviction of the permit holder in a court of competent jurisdiction for any violation of any ordinance of this Village or of the laws of the State of Minnesota regarding public health arising out of the operation of the public dump. Such permit may also be revoked at any time by the Village Council upon a hearing following at least five (5) days written notice of both the reasons for the proposed revocation and of the time and place of said hearing. The permit holder shall have an opportunity to appear in person, by agent, or by attorney and present evidence relative to the proposed revocation. If the permit is revoked, a proportionate amount of the permit fee shall be returned. ) Ordinance No. 67 -23 Page 3 ( Section 7 -208. SUPERVISION OF PUBLIC DUMPS. All authorized public dumps shall be under the supervision of the chairman of the health committee of this Village who shall enforce the regulations hereinafter set forth. ) ( Section 7 -209. HOURS FOR DUMPING. No person shall deposit refuse in a public dump except between the hours of 6:00 A. M. and 7 :00 P. M. and no dumping shall be done on Sundays or holidays except upon and with the permission of the chairman of the health committee. ) ( Section 7 -210. LOOSE REFUSE REQUIRED TO BE COVERED. All deposit on a public dump of tin cans or other objects capable of holding water and all loose paper or material which can be carried by the wind shall be forthwith covered with earth or ashes. ) (Section 7 -211. OTHER REFUSE REQUIRED TO BE COVERED. All matter deposited in and on such public dumps shall be covered with earth or ashes at such times and to the extent that the chairman of the health committee shall from time to time direct. Dump refuse shall be immediately covered with 18 inches of dirt filling when said dump is no longer operating. ) (Section 7 -212. MAXIMUM DUMPING AREA. No exposed dumping area shall exceed two thousand five hundred (2, 500) square feet at any time or such lesser area as the permit may allow. As exposed areas are filled, they shall be covered with 18 inches of dirt fill.) (Section 7 -213. POLLUTION AND OBSTRUCTION OF DRAINAGE PROHIBITED. No dumping or subsequent filling shall materially divert or obstruct natural drainage or shall create a ground level higher than the adjacent property. No dumping shall cause the pollution of any lake, stream, pond or other natural water. No dumping shall be done within ten (10) feet of the property under other ownership.) ( Section 7 -214. CONTROL OF RODENTS AND INSECTS. Rats, mice and insects shall be controlled by approved methods such as poisoning or spraying. Rodent poisons shall be placed in such manner so that it is not accessible to children, pets, game birds or animals. ) (Section 7 -215. PREVENTION AND CONTROL OF FIRE IN PUBLIC DUMPS. No person shall deposit any material at such public dump which is highly combustible or likely to cause a fire and no fires may be made or had at or upon such public dump except upon a permit first obtained from the Chief of the Village Fire Department and under his supervision and direction. No foul or offensive odors or dense smoke shall be allowed to escape from such fires to other property.) i0 Ordinance No. 67 -23 Page 4 ( Section 7 -216. COMPENSATION TO FIRE DEPARTMENT. Said Fire Chief shall be paid by the operator of such public dump for his services in granting permits for such fires and for his supervision and direction of the same the sum of Five ($5.00) Dollars per hour or fraction thereof. In the event the Fire Department Chief shall deem it necessary or desirable to call the Village Fire Department to extinguish any such fires or to protect adjoining or other property therefrom and if the Fire Department shall answer such call, the operator of such public dump shall pay the Fire Department the sum of One Hundred ($100.00) Dollars for each hour or part thereof that the Fire Department is required to attend) (Section 7 -217. COUNCIL MAY ORDER COMPLIANCE. Upon failure of the permit holder to carry out any provision of this ordinance, the Village Council may in its discretion proceed to have such provisions carried out at the expense of the permit holder.) ( Section 7 -218. VIOLATIONS AND PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred ($100.00) Dollars or by imprisonment in the County jail for not longer than ninety. (90) days. ) (Section 7 -219. SEPARABILITY. Every provision of this ordinance is declared • separable from every other provision and if a provision be held invalid, such invalidity shall not affect any other provision.) (Originally passed May 14, 1952.)) Section 2: Chapter 7 of the City Ordinances is hereby amended by the addition of the following: Section 7- 108.10. DISPOSAL OF GARBAGE AND REFUSE RESTRICTED. It is hereby declared unlawful for anv person, firm or corporation to throw„ scatter, or deposit, or cause or permit to be thrown, scattered, or deposited, any rubbish or garbage upon or in anv public or private lands or bodies of water within the City of Brooklyn Center. Section 3: Chapter 7 of the City Ordinances is hereby amended by the repeal of the following section: (Section 7 -123. PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the Village or County jail for a period not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of license, and in addition to abatement of a nuisance hereunder.) Ordinance No. 67 -23 Page 5 Section 4: Chapter 7 of the City Ordinances is hereby amended by the addition of the following section: Section 7 -123. PENALTY. Any person violatina any provision -of this ordinance shall , upon conviction. be punished by a fine not exceeding One Hundred ($100.00) Dollars or imprisonment not exceeding 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. Section 5: This ordinance shall become effective after adoption and thirty days following its legal publication: Adopted this 11th day of December 1967. Mayor ATTEST: /�� ^CGr� Clerk Published in the Official Newspaper November 30, 1967 Effective Date December 30, 1967 (Brackets indicate matter to be deleted, underline indicates new matter)