CHAPTER 52: GARBAGE, RUBBISH, AND RECYCLABLES
Section
Deposit and Storage
52.01Deposit of garbage and rubbish; container required
52.02Containers
52.03Storage of containers
52.04Accumulation restricted
52.05Dumping prohibited
52.06City tree, brush and grass collection site
Collection
52.20Definitions
52.21Mandatory collection; recycling
52.22Littering prohibited; hauling vehicles
52.23Violations
52.24Minimum standards; greater restrictions
Prohibitions
52.35Meddling with trash receptacles prohibited
52.36Containers to be kept sanitary and secure
52.37Removal of building materials
52.38Prohibited acts
Cross-reference:
Open Burning, see ''90.55 et seq.
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DEPOSIT AND STORAGE
'52.01 DEPOSIT OF GARBAGE AND RUBBISH; CONTAINER REQUIRED.
No person shall place any garbage or rubbish in any street, sidewalk, alley, or other public place or upon any premises, whether owned by those persons or not, within the city limits unless it is in a proper container for collection.
(1969 Code, '45.010) Penalty, see '10.99
'52.02 CONTAINERS.
(A)It shall be the duty of every person whose garbage and refuse is collected by the sanitation collection service to provide a container or containers for garbage and refuse, sufficient in size and number to accommodate and securely keep all garbage and refuse that may accumulate between collections. Garbage containers shall be watertight and constructed of a solid and durable grade of metal, plastic, or paper material.
(B)It shall be the duty of every person whose garbage and refuse is collected by the sanitation collection service to place their garbage containers directly behind the curbline of the street abutting their property or in the absence of a curb directly behind the ditch line abutting their property. In no event shall containers be placed in the street or on the sidewalk or in any manner placed where the containers will interfere with vehicular or pedestrian traffic. It shall be the responsibility of the subscriber to place the containers no earlier than 6:00 p.m. of the afternoon preceding the collection day.
Penalty, see '10.99
'52.03 STORAGE OF CONTAINERS.
Except on days scheduled for collection by individuals or corporations or other entities licensed by the county, or when being removed privately, garbage and rubbish containers shall be stored so as not to be offensive to the public.
(1969 Code, '45.030) Penalty, see '10.99
'52.04 ACCUMULATION RESTRICTED.
Garbage and rubbish shall not be allowed to accumulate for more than 10 days subject to exemption by the City Council by reason of hardship or other extenuating circumstances.
(1969 Code, '45.040) Penalty, see '10.99
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'52.05 DUMPING PROHIBITED.
Any person who gives consent to another to deposit garbage, rubbish, offal, or the body of a dead animal, or other litter in or upon any property within the corporate limits of the city, shall be subject to penalties as for a misdemeanor.
(1969 Code, '45.090) Penalty, see '10.99
' 52.06 CITY TREE, BRUSH AND GRASS COLLECTION SITE.
It shall be unlawful for any person(s), company, organization or the like to deposit any non-organic material, building material, garbage, automobile parts, highly flammable, toxic or explosive materials, electrical wiring, rubber products or any other material deemed by the Chief of Police or City Superintendent at the City of Lakefield brush pile.
Penalty, see ' 10.99
COLLECTION
'52.20 DEFINITIONS.
(A)For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTYORDINANCE. The County Solid Waste Ordinance, adopted February 10, 1992, or as thereafter amended.
GARBAGE. Organic refuse resulting from the preparation of food, and decayed and spoiled food from any source.
PERSON. Any human being; any municipality or any other governmental or political subdivision or public agency; any public or private corporation; any partnership, firm, association, or other business organization; any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing; or any other legal entity.
RECYCLABLE MATERIALS. Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse derived fuel or other material that is destroyed by incineration is not RECYCLABLE MATERIAL.
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REFUSE. Putrescible and non-putrescible solid waste, including, but not limited to, garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, market and industrial solid wastes, and sewage treatment wastes which are in a dry form.
RUBBISH. All inorganic refuse matter such as tin cans, glass, paper, ashes and the like.
SOLID WASTE COLLECTION SERVICE. The collection and transporting of solid waste generated in the city by a county licensed and permitted solid waste collection service.
TOXIC OR HAZARDOUS WASTES. Substances, whether in liquid, gaseous, or solid form, which when collected, stored, transported, or disposed of, may be acutely toxic to humans, or other animals, or plant life, or be directly damaging to property including, but not limited to, pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar noxious substances.
WHITE GOODS. Includes such household items as stoves, refrigerators, washers, dryers, hot water heaters, furnaces, air conditioners, dishwashers, and freezers.
YARD WASTE. The garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential or commercial properties. This includes leaves, trees (branches, twigs, stumps, roots, trunks), garden waste, and grass clippings.
(B)All other terms and abbreviations used in this subchapter shall be interpreted in a manner consistent with the County Solid Waste Ordinance and M.S. Ch. 115, 115A, 116, and 400, as they may be amended from time to time, and rules of the State Pollution Control Agency which have been or hereafter may be adopted under those provisions.
(1969 Code, '45.080)
'52.21 MANDATORY COLLECTION; RECYCLING.
(A)Every person owning, managing, operating, leasing or renting any premises or any place where garbage or rubbish accumulates shall subscribe to a sanitation collection service.
(B)(1)All recyclable material shall be separated from other garbage and refuse.
(2)All non-recyclable material (i.e., mixed municipal solid waste) shall be grouped together and placed in 1 or more containers provided by each residential unit, for mandatory collection by a county permitted and licensed solid waste collection service. Non-recyclable material shall be distinguished as being identical to the State Pollution Control Agency=s definition of solid waste refuse, putrescibles, and garbage.
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(3)Each residential unit shall have a contract for collection services. The city will exempt a residential unit from the requirements to have solid waste collection service if the residential unit ensures that an environmentally sound alternative is used.
(4)Mixed municipal solid waste excludes tires, oil, batteries, white goods, yard waste, household hazardous waste, infectious waste, hazardous waste, and industrial waste, as defined by the State Pollution Control Agency (MPCA). It shall be illegal for any person to put the above items in containers used for collection of mixed municipal solid waste.
(5)All recyclable material and solid waste placed for collection shall be owned by, and be the responsibility of, the occupants of the residential properties (residents) until they are collected by the contractor, at which time they shall become the responsibility of the licensed contractor and the licensing authority. The recyclable materials become the responsibility of the county upon the county=s acceptance and collection of the items. Theft of this property will be considered a misdemeanor.
(6)The city has the power to name a party responsible for enforcement of this subchapter by resolution.
(1969 Code, '45.080) Penalty, see '10.99
'52.22 LITTERING PROHIBITED; HAULING VEHICLES.
In order to promote public safety, health, peace, and welfare by regulating the hauling and transportation of garbage and other waste material, the City Council ordains as follows.
(A)It shall be unlawful for anyone to litter within the city limits; and vehicles used to transport shall be loaded and moved in a manner so that the litter will not fall, leak, or spill therefrom, and shall be covered to prevent the blowing of material. Where spillage does occur, the material shall be picked up immediately by the transporter and returned to the vehicle or container, and the area properly cleaned.
(B)All vehicles and containers used for the collection and transportation of toxic or hazardous wastes shall be durable, enclosed, and leak-proof and shall be constructed, loaded, moved, and unloaded in a safe manner and in compliance with the applicable regulations of federal, state, and local governments and their regulatory agencies.
(C)Violation of this section shall be subject to the litter penalties and damages provided for in M.S. '115A.99, as it may be amended from time to time.
(1969 Code, '45.080) Penalty, see '10.99
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'52.23 VIOLATIONS.
(A)Every homeowner or person occupying the residential property who violates a section, division, or provision of this subchapter when that person performs an act thereby prohibited or declared unlawful, or fails to act when that failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when that failure is prohibited or declared unlawful by a county ordinance or state statute adopted by reference by this subchapter, upon conviction thereof, shall be punished as for a misdemeanor.
(B)Each day of violation of this subchapter shall constitute an additional and separate violation of the subchapter and shall be prosecuted accordingly.
(1969 Code, '45.080) Penalty, see '10.99
'52.24 MINIMUM STANDARDS; GREATER RESTRICTIONS.
Where the conditions imposed by any provisions of this subchapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this subchapter or any other applicable law, ordinance, rule, or regulation, the provision which establishes the higher standards for the promotion and protection of the public health, safety, and general welfare shall prevail.
(1969 Code, '45.080) (Ord. 196, passed 9211992; Am. Ord. -, passed 12241992)
PROHIBITIONS
' 52.35 MEDDLING WITH TRASH RECEPTACLES PROHIBITED.
(A)It shall be unlawful to meddle with garbage cans, trash or rubbish receptacles or in any way pilfer, search or scatter contents of garbage cans or rubbish receptacles in or upon any street or alley within the city limits.
(B)This section shall not apply to persons authorized by the city or persons authorized by state or federal law to search or otherwise meddle with trash receptacles.
Penalty, see '10.99
'52.36 CONTAINERS TO BE KEPT SANITARY AND SECURE.
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All containers shall be kept clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes, or other insects. The area surrounding garbage containers shall be maintained in a clean and sanitary condition. The contents of all receptacles shall be protected so that the wind cannot scatter the contents over the streets, alleys or other property within the city. All containers shall be securely closed in a manner as to prevent the scattering of the contents and to make them inaccessible to insects, rodents and other animals.
Penalty, see '10.99
'52.37 REMOVAL OF BUILDING MATERIALS.
Waste from building operations, rock waste, building materials or other refuse resulting from building or remodeling operations or resulting from a general cleanup of vacant or improved property shall be removed by the building contractor, owner or occupant of the building at his or her own expense. It shall be unlawful for any person to place those materials in any dumpster or other trash receptacle for disposal by the city or any agent or contractor of the city.
Penalty, see '10.99
'52.38 PROHIBITED ACTS.
(A)It shall be unlawful for any person to sweep, throw or deposit any garbage, trash, debris, stagnant water or dead animal into, upon or along any public property or private property of another, except as may be specifically provided by this chapter.
(B)It shall be unlawful for any person owning or otherwise in control of any premises within the city to permit any of the conditions described in division (A) to exist upon property owned or controlled by him or her after having actual or constructive notice thereof.
(C)It shall be unlawful for any person to place in any container any material other than as specifically provided in this chapter.
(D)It shall be unlawful for any person to deposit or maintain garbage or trash except as provided for by this chapter.
(E)It shall be unlawful for any person to deposit any burning match, charcoal, ember, or other material in any container used for the disposal of garbage.
Penalty, see '10.99