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HomeMy WebLinkAbout1966-12 06-16 AP AN ORDINANCE PROVIDING FOIi THE SANI- TARY STORAGE OF REFUSE, GARBAGE, SWILL, RUBBISH AND WASTE HATTER, FOR THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE REGULATION AND LICENSING OF GAR- Y M • C BAGE HAULERS, AND FOR ABATEMENT THE BROOKLYN CENTER POST O a OF REFUSE ACCUMULATIONS: IMPOSING ' w 1 A PENALTY FOR VIOLATION THEREOF: AFFIDAVIT OF PUBLICATION 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 Ordi- STATE OF MINNESOTA SS. nances is hereby amended to read as follows: COUNTY OF HENNEPIN 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 E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has materials as garbage, swill, sweepings, been President of The Post Publishing Co., the publishers of the newspaper known as THE BROOKLYN cleanings, trash, rubbish, litter, industrial CENTER POST, and has full knowledge of the facts herein stated; that for more than one year prior solid wastes or domestic solid wastes; or- ganic wastes or residue of animals sold to the publication therein of the .......... r... i .,., ...!.. .......,...... >.; as meat, fruit or other vegetable or animal matter from kitchen, dining room, market, .. .: food establishment or any places dealing -" - ` - . -' , , , ,'� ; , , , , , , , , ; , • , • ... .........................hereto attached, said newspaper was in or handling meat, fowl, fruit, grain, printed and published in the City of Crystal yin the County of Hennepin, State of Minnesota, on Thursday or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trim- of each week; that during all said time the following conditions have existed: mings; grass clippings, brick, plaster or other waste matter resulting from the dem- olition, alteration or construction of build- Said newspaper has been printed in the English language from its known office of publication within ings or structure; accumulated waste ma- the city from which it purports to be issued as above stated in column and sheet form equivalent in space tertals, cans, containers, tires, Junk, or to at least 450 running inches of single column, two inches wide; it has been issued once each week from a known office established in such place for publication and equipped with skilled workmen and necessary other such substance which may become a nuisance. material for preparing and printing the same; the press work thereon has been done in its known office of GARBAGE includes every accumulation publication; in its makeup not less than twenty -five per cent of its news column has been devoted to local of animal, vegetable or other matter that news of interest to the community which it purports to serve; it has contained general news, comment and attends the preparation p miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat. , consumption, dis- ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the play, dealing in or storage of meat, fish, extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had fowl, birds fruit or vegetables, including entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori- the cans, containers or wrappers wasted cal Society in St. Paul; and there has been on file in the office of the County Auditor of Hennepin along with such materials. County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and SWILL includes that particular garbage location of said newspaper and the existence of the conditions constituting its qualifications as a legal which is wholly or nearly edible and usable newspaper. as a food and has food value for animals or fowl, accumulating from animal, vege- table or other matter wasted from clubs, That the legal or official matter hereto attached was cut from the columns of said newspaper, and was hotels, hospitals, restaurants, and public eating places. - RUBBISH includes wood, leaves, trim- printed and published therein in the English language once each week, for... ;:.> ......successive weeks; mings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wood- That it was first so published on Thursday, the ................ ....:.......................day of en ware, printed matter paper, paperboard, paste board, grass, rags, straw, boots, 19..:.:., and thereafter on Thursday of each week to and shoes, hats and all other combustibles not included under the term garbage. including the ................ ' WASTE MATTER includes waste matter • • • • • ' • " • • • • • se y of alphabet .. o '. �- .:..._, : . - inclusive, and of the 19..`:.::, composed of soil, earth, sand, clay, gravel, acknowledge be ng t n hesez s e and kind of type u ed ithecompos tion an b d publicat on � f said is hereby loam, stone, brick, plaster, crockery, glass, official matter, to -wit: glassware, ashes, cinders, shells, metal and all other noncombustible material which abcdefghijklmnopgrstuvwxyz -6 pt. Newstext has been or is to be discarded. abedefghijklmnopgrstuvwxyz -6 pt. Devinne Section 7 -102. REFUSE CONTAINERS REQUIRED. The occupant of any private abedefghijklmnopgrstuvwxyz- 7 -pt. Excelsior dwelling, the keeper or manager of any abcdefghijklmriopgrstuvwxyz - Memphis Bold hotel, motel, restaurant, eating house, or boarding house or an% building where meals are served, the owner of an} flat or apart- ment house, trailer camp or auto court, and am other person having refuse as here- ' in defined, shall provide and keep on such ,- premises sufficient containers for the stor- , , . , i age of all refuse accumulatedon thepremises • • • • ° °' ° • ° ° • ° • ° • ° ° •' ° between collections. Each such container shall be water tight, shall have a tight fitting Subscribed and Sworn to before ltd, shall be impervious to insects, rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed 30 gallons me this ................ . ...:.....day of ......... I ...... I ..i.............A.D., 19.`:.. : in size unless otherwise specifically author- ized in writing by the Village Sanitarian. However nothing herein shall be deemed to require the storage in containers of any r +t` � - refuse which is immediately consumed or •.•.........••i .•°•°.°. °•°°.•. °,,,. .............o.,.... 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 b Section 2 hereof, except as the same may _ be consumed or disposed of onsurhpremises as permitted by said section. Section 7 -104. PLACING OF CON- TAINERS, The containers shall be placed in the rear of the premises in such manner as to be out of view from the street in front of the premises or placed in a garage lo- cated on the premises. In no event shall containers be placed next to the street or l curb or be placed or maintained in such a way as to unreasonably interfere with the Section 7 -112. PERFORMANCE BOND use of adjoining property. Containers kept REQUIRED. Applicants for licenses or re- newal of licenses shall file with each ap- outside shall be placed in such a manner plication a bond in the penal sum of $200.00 as not to permit entry of or harborage for or the equivalent thereof, conditioned that animals, insects or other vermin. he will `faithfully continuously provide a Section 7 -105. FREQUENCY AND MAN- garbage and/or rubbish collection service, NER OF COLLECTION. The contents of the as specified in his application as approved containers shall be collected once every by the Village Council and Sanitarian, and week, or more frequently if required by under the conditions imposed by the Ordi- the provisions of any other ordinance of nances of the Village and the lawful orders, the Village, by a collector licensed here- rules and regulations promulgated by the Section vehicle u MARKING ct VEHICLES. Every vehicle u under. He shall transfer the contents of the Public Health Sanitarian. MARKING to collect refuse shall have the name of the owner or o erator containers to his vehicle without spilling Section 7 -113. INSURANCE POLICIES �j p them, or if any spilling occurs, he shall TO BE FILED. Applicants for licenses or N o. • • • • • • • • • • • • • • on the body, or placed on a durable metal clean it up completely. Upon each collection, renewals of licenses shall file with each or wood plaque which shall be fastened Affidit of Publicatio to the body when the vehicle is used for av u the containers shall be completely emptied application a copy of an insurance policy collecting garbage or refuse. and returned to the racks or stands where or of insurance policies under which there they are kept, and the lids of the containers is coverage as to each vehicle to be used, Section 7 -121. LOADING VEHICLES. shall be replaced. for the entire term of the license applied OF Rubbish or waste matter shall be so loaded Section 7 -106. DEFECTIVE CONTAIN- for, for loss or damage to persons in the that none of such materials can jar loose ERS, If upon inspection by the Village Sani- amount of $100,000 for each person and and fall to the ground or street when the tarian, a container is found to be in poor $300,000 for each accident, and for loss vehicle is in motion. Loose paper, trash repair, corroded or otherwise defective so as .r damage to property in the amount of and small materials shall be so secured to permit insects, vermin or rodents to $50,000. Each such policy shall provide that they cannot be dispersed by the wind enter, or does not meet other requirements that it shall not be cancelled or terminated or fall out of the vehicle. of this ordinance, the Sanitarian shall notify without notice thereof first being given to Section 7 -122. CONTAINERS USED IN the provider or user of the container Of the the Village. VEHICLE. Containers used to store or carry deficiency and shall require repair or re- 1 Section 7 -114. FEE. The fee for the garbage or refuse in any vehicle licensed placement of the container and shall state license required by this ordinance shall be hereunder shall comply with the require - a compliance date in the notice. If the $10 for each vehicle to be used. ments of Section 2 hereof. deficiency is not corrected by said com- Section 7 -115. TERM OF LICENSE. The pliance date, the Sanitarian shall condemn Published in Section 7 -123. PENALTY. Any person the deficient container and affix a tag so term of each license hereunder shall be violating this ordinance shall be guilty of a stating such condemnation. It shall be un- from January 1, to December 31. HE BROOKLYN CENTER POST misdemeanor, and subject to a fine of not lawful for any person to place or deposit Section7- 116.ADMINISTRATIONBY exceeding $100 or imprisonment in the Vil- refuse in a container which has been con- PUBLIC HEALTH SANITARIAN. Applications lage or County Jail for a period not ex- demned. for license hereunder shall be submitted 5617 Corvallis Ave N. ceeding 90 days, with costs of prosecution Section 7 -107. COLLECTOR MAY CAN- to the Village Public Health Sanitarian and in either case to be added. Such penalty CEL SERVICE. The collector shall cancel licenses shall be granted or denied based MIN'NEAP'OLIS. MINNESOTA 55429 may be imposed in addition to revocation service to any premises when the only con- on the recommendation of the sanitarian. or suspension of license, and in addition tainer or containers thereon have been con- The Village Public Health Sanitarian is to abatement of a nuisance hereunder. demned, and may cancel service for cause, hereby made the deputy of the Village Ad- Section 2: Sections 7 -101 through Section or when the party chargeable for the col- mintstrator for the purpose of notifying DATE OF PUBLICATION 7 -112 (inclusive) of the Village Ordinances lection service is two months or more licensees of violations, and suspending or are hereby repealed. overdue in paying for such service. recommending the revocation of licenses. Section 3: Section 23-010 is hereby amend- Section 7 -108. ABATEMENT OFREFUSE Section 7 -117. DECALS TO BE PLACED ed in part as follows: ACCUMULATION. Any accumulation of re- ON VEHICLES. Whenever a license or re- Garbage and/or Rubbish Collection: fuse on any premises not stored in containers newal has been granted hereunder, the Vil- Required by Section — 7 -109 which comply with this ordinance, or any lage Clerk shall furnish to the licensee a License Expires —Dec. 31 accumulation of refuse on any premises decalcomania for each vehicle. The decal- Fee — $10.00 per vehicle which has remained thereon for more than comania shall be so worded as to signify ATTORNEY Section 4: This ordinance shall be ef- one week is hereby declared to be a nuisance that the vehicle is licensed by the Village. fective from and after its legal publication. and shall be abated by order of the Village The licensee shall apply the decalcomania Adopted this 6th day of June, 1966. Health Officer, as provided by Minnesota to the forward left side of the body of each PHILIP Q. COHEN, - Statutes, Sections 145.22 and 145.23, and the vehicle licensed. Mayor cost of abatement may be assessed on the ATTEST: property where the nuisance was found, as Section 7 -118. SPECIFICATIONS OF VE- EARL A. SIMONS, provided in said section. HICLES. The body of every vehicle licensed Clerk Section 7 -109. HAULERS TO BE LI- hereunder shall be constructed entirely of (SEAL) CENSED. No person shall engage in hauling metal, or the space in the vehicle in which (Published in The Brooklyn Center Post or conveying rubbish, garbage or other re- refuse will be kept shall be completely FILED June 16 and 23, 1966.) fuse from any premises in the Villageunless lined with metal. All joints shall be ef- he holds a valid license hereunder. fectively closed so that no dripping or leak - Section 7 -110. LICENSE PROCEDURE ing or draining off of water, liquid or any OR CONTROL: PENALTIES. The provisions substance can occur. The loading space shall of Section 23-001-23-013 of the Village be provided with a tight metal hood having Ordinances including the penalty provisions an opening fitted with metal doors, or shall thereof, shall apply to all licenses required be provided with a heavy tarpaulin or equiva- by this ordinance and to the holders of lent cover fitted with eyes, grommets, tie such licenses. ropes or hooks so that the cover can beheld E BROOKLYN CENTER POST Section 7 -111. APPLICATIONS. The ap- securely over the loaded refuse. Every ve- plication for license or renewal of license hicle used for collecting garbage or swill shall contain a description of the types and shall have a permanent metal cover. makes of motor vehicles used for collection, 1I a schedule of the charges to be made to Section 7 -119. CLEANLINESS OF VE- customers, the frequency of service to be HICLES. Every vehicle license hereunder rendered and full information as to where shall be kept well painted, clean and in and how the material collected will be dis- good repair. Every such vehicle used for posed of, and any other information the collecting garbage or swill shall be cleaned Village Sanitarian shall require. every week or oftener if necessary to pre- vent persistent odors, and shall be cleaned before being used for any other purpose.