Loading...
HomeMy WebLinkAbout1966-12 06-06 CCO 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: AND REPEALING SECTIONS 7 -101 THROUGH 7 -112 AND AMENDING SECTION 23 -010 OF THE VILLAGE ORDINANCES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 7 of the Village Ordinances is hereby amended to read as follows: 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 accumulation of 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. i Section 7-101 (Cont' d) Waste matter includes waste matter composed of soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass, glassware, ashes, cinders, 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, eating house, or boarding house or any building where meals are served, the owner of any flat or apartment 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 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 premises 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 xeturned 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 bf 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 Section 7 -106 (Cont'd) 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 or more overdue in paying for such service. 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 Village 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 -109. HAULERS TO BE LICENSED. No person shall engage in hauling or conveying rubbish, garbage or other refuse from any premises in the Village unless he holds a valid license hereunder. Section 7 -110. LICENSE PROCEDURE OR CONTROL: PENALTIES. The provisions of Section 23 -001 - 23 -013 of the Village 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 Village 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 or the equivalent thereof, conditioned that he will faithfully continuously provide a garbage and /or rubbish collection service, as specified in his application as approved by the Village Council and Sanitarian, and under the conditions imposed by the Ordinances of the Village 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 Village. 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. Section 7 -116. ADMINISTRATION BY PUBLIC HEALTH SANITARIAN. Applications for license hereunder shall be submitted to the Village Public Health Sanitarian and licenses shall be granted or denied based on the recommendation of the sanitarian. The Village Public Health Sanitarian is hereby made the deputy of the Village Administrator for the purpose of notifying licensees 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 Village 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 Village. The licensee shall apply the decal comania to the forward left side of the body of each vehicle licensed. Section 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 this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprison- ment 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. Section 2: Sections 7 -101 through Section 7 -112 (inclusive) of the Village Ordinances are hereby repealed. Section 3: Section 23 -010 is hereby amended in part as follows: Required by License Section Expires Fee Garbage and /or Rubbish Collection 7 -109 Dec. 31 $10.00 per vehicle Section 4: This ordinance shall be effective from and after its legal publication. Adopted this 6 day of June 1966. Mayor ATTEST: Clerk (Seal)