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Home My WebLink About2021-01 CITY OF BROOKLYN CENTER ORDINANCE NO. 2021-01 AN ORDINANCE AMENDING CHAPTERS 7 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING WASTE AND ORGANICS RECYCLING BY HAULERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: ARTICLE I. Chapter 7, Section 7-101 of the Brooklyn Center City Code is hereby amended as follows and renumbering the subdivisions as needed: Section 7-101. DEFINITIONS. For purposes of Sections 7-101 to 7-112, the following terms have the meanings given them: in this section Anv term not defined in this section shall have the meanin� �iven it in Minnesota Statutes, section llSA.03, if defined therein. Subdivision 1. Approved means acceptable to the health authority following the health authority's determination as to compliance with established public health practices and standards. ,ao�;,�,,.,�oa �,.,+�,o ,. ,,,i;,,,. .,,,��,,,,.:�<, �,.,. „i�,.,.,,�io,.�;,,,,_ Subdivision 2. Bulkv Waste means household items and other discarded materials that, due to their dimensions and wei�ht, are tvnicallv not collected as t�art of the re�ular �arba�e or recvclin� collection or for which there mav be a set�arate fee such as furniture, caroetin�, mattresses, at�t�liances, or other waste that reauires extraordinary handlin� methods to achieve compaction. Subdivision 3. Citv means the Citv of Brooklvn Center. Subdivision 4. Compost means the controlled aerobic decomnosition of or�anic matter into a humus-like product that is stabilized to the noint that it is beneficial to t�lant �rowth and can be used as a soil amendment without further processin�. Subdivision 5. Comnostin�means the intentional makin� of compost. Subdivision 6. Comnost Container means a container used for comuostin� on residential t�ronertv No container constitutes a comnost container unless it is enclosed on all vertical sides and is made of a durable material that is free of rot. Subdivision�_. Council or Citv Council means the �^��rrt'�^�'��citv council of the City of Brooklvn Center, Minnesota. 1 Subdivision Dumpster means a waste container �enerallv ran�in�from 2 to 6 cubic vards that a speciallv-desi�ned �arba�e truck lifts emnties into its hot�per, and lowers on the spot. Subdivision � Garba e �-Pu�rescro=�-r�i�im�'�, dc-g�o=� �� +l,o �++o +1,,,+ > > > > > > > > > ' ;r„i„a;r,.,.o„<,,,i��,io,�,�+o,.;�i� is included in, and has the same meanin�as, mixed municipal solid waste. Subdivision Garba�e Collection means the takin� up and collectin� of all mixed municipal solid waste accumulated at all dwellin� units. blaces of business, and other institutions in the Citv and the transportation of municipal solid waste to a sanitary landfill or other place of dist�osal licensed and bermitted bv the State of Minnesota. Subdivision Hazardous Waste has the meanin� �iven the term in Minnesota Statutes, section 115A.03, subdivision 13. Subdivision Hauler means a business licensed bv the Citv to collect, transport, and dispose of mixed municinal solid waste recvclables or vard waste The term shall include the —• • --_ __ emplovees and a�ents of the business actin� on its behalf. Subdivision�_. Health Authority means the ' authorized representatives of the Citv Mana�er char�ed with one or more duties of the health authoritv under this Chapter. Subdivision Litter means �arba�e recvclables and all other waste material which, if thrown or deuosited as nrohibited in this Code tends to create a nuisance or dan�er to public health. safetv, or welfare. Subdivision�_. Citv Mana�er means the administrative head for the City. , > > , , , , � , , , , , , , , ; , > ; , , , > ; , , , , , > > v@E6i�2--c`}-�1�kk1$c`ti� o L,,,�,,,,+ , ,.t,,,a; o ,.l.,t,lo �+o ' 1P_ � iiuio. . 7 � 7 ) f 7 f 7 J 7 ) J ) 9 I 7 ) ) ) � 2 > > > > > > • Subdivision . Roll-off Dumnsters are lar�er dumpster trailers ran�in� from 10 to 45 cubic vards and are used at demolition sites, clean-outs, renovations, construction sites, factories. and lar�e businesses. Subdivision . Source Senarated Comnostable Materials shall have the meanin� �iven it in Minnesota Statutes Section 115A.03 subdivision 32a. These materials are also referred to as source separated or�anics. The term does not include vard waste for t�umoses of Sections 7-101 to 7-112. Subdivision . Trash is included in, and has the same meanin� as. mixed municipal solid waste. Subdivision . Waste is included in, and has the same meanin� as, mixed municipal solid waste. Subdivision . Walkun Collection Service means the collection of recvclable materials accumulated in recvclin� containers from a location at a dwellin� unit other than the location desi�nated bv the recvclin� authoritv for reeular collection. . , � , � � , � , � , , , , , , � � �+o �� s Subdivision Waste Hauler License or License means a license issued bv the Citv to a hauler authorizin�the collection and haulin� of waste within the Citv. Subdivision�_. Yard Waste has the meaning given it in Minnesota Statutes, Section "��T 115A.03, subdivision 38. ARTICLE II. Chapter 7, Section 7-102 of the Brooklyn Center City Code is hereby amended as follows: Section 7-102. REFUSE STORAGE AND DISPOSAL. Subdivision 1. Containers Required. The owner of any premises, and any other person having �ef�se waste as herein defined, must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each container must be watertight, must have a tight fitting lid, must be impervious to insects, rodents, vermin, and absorption of moisture and may not �t�ee �� e��—o� 3 ��have anv defect liable to hamper��e--�e�sc� collecting the contents thereof. All � waste on any premises must be stored in required containers �a-r-.�,�� ;+ ;��- r *�,o � .,.,.. .� � r � Y� - , All commercial,business,industrial,or other such establishments having�r��•��m�in excess of two cubic yards of waste per week, and all six-family and larger dwellings, must �e use approved dumnster-tvbe waste stora�e containers. The containers must be located so as to be accessible to collection equipment and so as not to require an intermediate transfer. The hauler shall renlace at its exnense dama�ed waste containers Subdivision 2. Sanitary Disposal. All�se waste must be disposed of in a sanitary manner as approved by the health authority and � must not constitute a nuisance. �� m��, � + � b�rh�a l, + ,a .,� vcmcc'�r . Y Subdivision 3. Frequency and Manner of Collection. The contents of the containers must be collected at least once every other week, or more frequently if necessary or required by the provisions of any other ordinance of the City, by a Ee�ee� hauler licensed under this Chapter. The hauler must transfer the contents of the containers to the collection vehicle without spilling them, and if any spilling occurs, the collector must clean it up immediately and completely. Collection must be conducted in a manner as to not create a nuisance. Collection in residential zones must be between the hours of 6:30 a.m. and�6:30 p.m. Upon each collection�the containers must be completely emptied and returned to }'�� r �� + ds��>��.��r��n��S �f�h + ^*�� --'��-' their original location. Subdivision 4. Placing of Containers. Containers must be placed behind the front setback of the residence ar placed in a garage located on the premises, except as may be reasonable and immediately necessary for collection. In no event may containers be placed or maintained in a way that unreasonably interferes with the use of adjoining property. Containers kept outside must be placed in a manner that does not permit entry of or harborage for animals, insects or other vermin, or permit the container to be tipped over. Containers must be maintained in a reasonable clean condition at all times. Subdivision 5. 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 other requirements of this ordinance, the health authority may require the container to be repaired or replaced by notifying the �� hauler �r ••��r ^�*� E� of the deficiency and stating a compliance date in the notice. If the deficiency is not corrected by the compliance date, the health authority may condemn the deficient container and affix a tag so stating such condemnation. It is unlawful for any person to place or deposit refuse in a container which has been condemned. 4 Subdivision 6. Preparation of Yard Wastes. Yard wastes must be placed in a vard waste collection cart or comnostable ba�s that are separate from other waste '� ��' ��r�r�+�'�, �^m � , ,.o�,�o „ „��o„�;,,,, a.,.. ARTICLE III. Chapter 7, Section 7-103 of the Brooklyn Center City Code is hereby amended as follows: Section 7-103. �WASTE HAULER� REGULATIONS. Subdivision 1. License Required. No person may haul or convey �� waste from any premises in the City ^*'��r *'�^^ *'�� „�r�^^'� ^��^ �'^m�^�� unless the person holds a valid waste hauler license. A license is required for each vehicle used to haul or convey�tse waste. Subdivision 2. License Procedure. The provisions of Sections 23-001 through 23-013 of the City �'r� Code apply to all licenses required by+'�;� �r�';„�„�� these Sections 7-101 to 7-112 and to the holders of the license. The city council may establish the annual license fee from time to time by resolution. The term of each license hereunder is from July 1 through June 30. The applications for license or renewal of license must contain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered, and full information where and how the material collected will be disposed of, and any other information the health authority may require. Applicants €e� must provide complete collection of all �se waste which normally results from day-to-day use of residential property except� ' '�' , '' , '� ''a' ��*r„�*;�^ . ��+�� „a c;m=�bulky wastes3 or�anics for recvclin�, or vard waste for which individuals must make special arrangements. The health authority may require vehicle inspection before processing the license application. Applications for license must 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 applicant meeting the requirements of*'�� r��r�r�� these Sections 7-101 to 7-112. �r � vo�;ao„�:,,� no�,�v �,.��o„�;,,,, vo�,;,,�e C�S� (`.,.,-,.,-.o«..;.,1 .,.,.a R„�;,,o�� Aof;,�o ��llo„+;�,., �Iol.;.,lo �� I2o�;.ao„*;�1 �„a r'.,,ti,,,-.o«..;.,1 Do�,�o !`.,llo..+:.,,, �lol,;..lv 5 �a�s-�--� n„�,i,;�t, ,,,,,� �x�.,�+o r�r.,,+o,. r��io,.+;,,� ��ot,:,.io � Ao„ao,.;,,.Y r'�,llo..+;�„, �701,;..10 Subdivision 43. Insurance. Applicants for licenses or renewals of licenses must maintain the following minimum insurance: l. Commercial Automobile Liability Insurance Covering All Owned, Hired, and Nonowned Automobile - Limits of Liability a. Combined Single Liabilitv Limits - �89;�89 1 500 000 each occurrence_;-e� �: ne , e�c�e�se�r--$�98;88�eac�i�e��E��ra c.��e�e��-�Rg e—$�88�eac��-�� , f11.,.,,;,,., �A.�;�;.,,,.,1 .. iviiv vv u � � -�2. Commercial Liability Insurance Covering All Operations and Completed Operations - Limits of Liability a. T'e��e��c,��i�s---��89;899 1 500 000 each occurrence, �8 3,000.000 annual aggregate_� �—�e�-��j�—��-99;(��eae-��er��r;-�� o,.+., r�„�„,. ecnn nnn t, E-��0�=-=� ------_ac-��vv�vv�2itErrvcccrrrcrrcc 3. Workers' Comnensation insurance in accordance with the statutory reauirements of the State of Minnesota. Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. The insurance reauirements mav be met throu�h anv combination of nrimary and umbrella or excess insurance. Evidence of such insurance shall be in the form of a Certificate of Insurance, ACORD form, or similarly approved form. The Certificate shall require that the City be furnished +�,;,.+., ��m a.,..� at least the same neriod of written notice due to the insured of any cancellation, nonrenewal, or major revision. Such Certificate shall be �� *'��'��„�'� ��received bv the City Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the City's requirements only and do not represent the complete coverage the licensee should carry. 6 Subdivision�4. Vehicle License Decals. Whenever a license or renewal has been granted the health authority must furnish to the licensee a decalEer�a�i� for each vehicle. The decal�must indicate that the vehicle is licensed by the City. The licensee must apply the decale��ria to the left forward side of the body of the appropriate licensed vehicle as indicated by the health authority. Old, expired, or otherwise invalid ��'^^m^r�^ decals must be removed from the vehicle. Subdivision 65. Vehicle Specifications. Every vehicle used to collect �se waste must have the name of the owner or operator on the body. ;,�Y�u;,�u �� u a��r�� m�*^� ^ �� r�^^„� . The lettering must be at least three inches in height and the color of the lettering and of the background must be contrasting. Every vehicle must be constructed in such a wa that all waste matter is securelv transported and that there is no drit�pin� or leakin� of anv collected materials Vehicles must be eauipned with the necessary tools to handle snills and the hauler must clean un anv snills immediatelv. Vehicles must be eauinped with an audible electronic back-up alarm. Th� �.,,a�, „�o .o�,;,.io i:,,o��oa ,.... ,,,+ ,��;: r��..:,,.�,.a ,.�.:..,.,_. ..�_...,.., �_ �L_ � , , � , , , . VP�iF��mii�t hcian»ir�r� � '+1+ *1, L, rl + 1 f' 1 '11 n rr ��u Subdivision�6. Vehicle Maintenance. Every licensed vehicle must be kept in�ood repair. re�ularlv cleaned, and maintained as needed to nrevent bersistent odors u��" r��r*�a �'��r �Na �r , , ��otbor��. Subdivision �7. Vehicle Loading. Garbage, r��, r�•'�'��'�, �r recvclin� and other waste ��must be se loaded*'�^* ��r� ��'�� as needed so that no materials can jar loose and fall to the ground or street�e-�e�c�P-�s��o�o�zee�se p� ,�� '� * � * �. Subdivision�18. Service Cancellation. The ee�-l�c-�e�hauler mav Hl'Pmij'Pr �uhPn thrinnl + + +i, L, 1, .� ,a a r , � �__.-��= 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 must be served upon or mailed to the occupant, manager or owner of the premises and a copy of the notice must be mailed to the health authority. Subdivision -�99. Vehicle Storage and Parking. No person may at any time park or store any�e waste collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred feet of the premises or within two hundred feet of any food 7 establishment, for purpose other than, or for periods inconsistent with,providing refuse collection at the premises. No person may at any time park or store any loaded or partially loaded �se waste or recvclin� collection vehicle on any premises within the City, except for the purpose of and for periods consistent with providing �se waste or recvclin� collection at that parcel of property. Subdivision -1-�10. Collection Districts. The City, under the direction of the city manager or�s the citv mana�er's designee, shall establish specific refuse and recycling collection districts and specific days of collection within these districts for all licensees. T'��„„~~^��^�+�;�'~�r^�r;c;^�' � � � • � , � �,;� ao�:n�oo+„ o�+.,�,i;��, ��,o ,.,,iio,.*;,,� a;�*,.;,.+�. � �,,,,,�o�,,,�a „ r+� . ,;��,;,, ��,o a:��,.;,.��. . , . ; ��;�,;i;�<,. ,;+i.. Y„ .,i �.,,,,�a.,,.;o� *� +�,o o��o„� r �;�,io• v. vvaia1.Jul.1v111L� 7 � /lr�lYln+llll'� < >l+� r l��llllT nl1��On��llvl +!l +'N� ov+'ol'��1l (�l��o Subdivision -�11. Collection within Districts. Where an approved collection district has been established, licensed refuse haulers must establish their regular collection routes and days of collection in a manner consistent with the approved collection district and specified days of collection. Violation of this subsection is grounds for revocation of the hauler's license. It is not a violation of this subsection to collect refuse or recyclable materials on a day other than the specified collection day, if the collection is for a missed pick up or is in a week in which a legal holiday occurs. Subdivision �12. Yard Waste Collection. A licensed � hauler E�e� providing residential refuse collection service must separately collect and dispose of yard waste. The collector must take vard waste to a disnosal site or transfer site licensed bv the State of Minnesota to mana�e vard waste. � ro�, „llo,.�;,. �+ ,. o +L,o ,.;+. ,7or.,;loa ,70 ,�r;., .,4'• •viu.iiJ vvii�. � . � .��oi.4oa. nr•� � 8 � � ,�„ ,. � ,�.� �+ ,. ��;r i�„a� �a• ,.t,,,��, �, rt, . > > �a�r,.o„a;,,,. a,,,.;,,,.�i,o< iui � . Subdivision 13 Source Senarated Compostable Materials Each hauler shall collect and transport source senarated or�anics to a licensed and nermitted facilitv desi�ned to mana�e source separated or�anics either throu�h comnostin� or anaerobic di�estion. Each hauler shall annuallv provide to the Citv information re�ardin� its collection of or�anic materials in accordance with Hennet�in Countv Ordinance No. 13, as amended. ARTICLE IV. Chapter 7, Section 7-104 of the Brooklyn Center City Code is hereby amended as follows: Section 7-104. � LITTERING PROHIBITED. No person may throw, scatter or deposit, or cause or permit to be thrown, scattered or deposited any r��ra��-� ';+*�r;rrt m�*�r;�'� litter upon or in any public or private lands, bodies of water, vehicles or structures within the City. Every person must maintain his or her premises and abutting sidewalks and boulevard areas free of refuse litter. ARTICLE V. Chapter 7, Section 7-106 of the Brooklyn Center City Code is hereby amended as follows: Section 7-106. �T��r�cnrr n nnr r r r-rrn�.T rn�.rrrn nr n r-:��.T�v D�'!':T TT n rrTn�.Tc �B WASTE BURNING PROHIBITED. c„"a;�,;�;^r ,. The ot�en burnin� of waste is prohibited under Section 5-212 of the Citv Code. . � �� , � > > > f��?�iiii��i6 r„l�, '7� 1 nti(�� : ,a;,,,� .,11 � $@�u2�3��i��i�t��0�6. . , . . , 9 > > • > > �� :,.o ,.�.;o� , . . Don„1.,+;.,,, T�T.. '7 ., ,-l,o�,-o T�,,,,�,-.� 1 1 a71 . � . ARTICLE VI. Chapter 7, Section 7-107 of the Brooklyn Center City Code is hereby amended as follows: Section 7-107. RECYCLING AUTHORITY; POWERS. The recycling authority is responsible for supervising and controlling the collection, �^', �^a �'��^^�^' transport, and processin�of recyclable materials from all dwelling units in the City. The recycling authority may contract with one or more^^'��haulers for the collection, ^' n^�' '';""^""� ^f c^""v= "'�es-a�transnort, and processin� of recyclable materials from dwelling units. The recycling authority may adopt and enforce additional rules not inconsistent with this chapter as necessary for the collection, rer��^', ^^a a��^^^^' transport, and nrocessin� of recyclable materials; including� but not limited to� rules governing the days and hours of collection, the types of recyclable materials to be collected, the manner in which generators must prepare recyclable materials for collection, the recycling containers to be used, and the location of recycling containers for collection. The rules of the recycling authority are not effective until approved by the c� council. ARTICLE VIL Chapter 7, Section 7-108 of the Brooklyn Center City Code is hereby amended as follows: Section 7-108. RECYCLING RATES; BILLINGS. Subdivision 1. Rates. The city council may establish rates for recycling services from time to time by resolution. By resolution the city council may also charge the cost of recycling containers to owners or occupants of dwelling units as a recycling service. Subdivision 2. Billing. Each owner or occupant of a dwelling unit must pay the rates for recycling collection services. T'� * � * "�^+'^^ "� "";; '''� '';' +''� ",;'"�" uvi�. ...... ... ....� an4n��.nti.o.a ti..�4ti.o r rn�.r.R n..+�(.ri4.� The amounts payable for recycling services will be shown as a separate charge on the utility bill for the dwelling unit and will be payable according to the same terms as those provided in this Code for utility bills. ARTICLE VIII. Chapter 7, Section 7-110 of the Brooklyn Center City Code is hereby amended as follows: Section 7-110. OWNERSHIP OF RECYCLABLE MATERIALS; SCAVENGING PROHIBITED. 10 Subdivision l. Ownership. Recyclable materials are the property of the generator until collected by authorized City employees, ^^'�� or haulers. Recyclable materials become the property of the City, �„+'�^r;��a ^^"�^+^r or authorized hauler upon collection. Subdivision 2. No Scavenging. It is unlawful for a person, other than authorized employees of the City; or authorized collectors or haulers3 to distribute, collect, remove or dispose of recyclable materials after the materials have been placed or deposited for collection. ARTICLE IX. Chapter 19, Section 19-102 of the Brooklyn Center City Code is hereby amended as follows: Section 19-102. DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: 1. Garbage�means all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. The term includes all materials and items included in the definition of mixed municipal solid waste in Minnesota Statutes. section 115A.03, subdivision 21. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. May 24, 2021 -- -- r Mayor �� City Clerk First Reading: Apri126, 2021 Publication: May 6, 2021 Adopted: May 24, 2021 Summary Publication: June 3, 2021 Effective: July 3, 2021 11