Ordinance 015•
VILLAGE OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
• ORDINANCE
AN ORDINANCE REGULATING THE USE, ADMINISTRATION, MAINTENANCE
AND OPERATION OF PRIVATE OR PUBLIC DUMPING GROUNDS.
The Council of the Village of Chanhassen ordains:
Section 1. The Village Council finds it to be in the public interest of
the Village for reasons of public health, welfare and safety to regulate the use,
administration, maintenance and operation of private or public dumping grounds
within the Village.
Section 2. No person, firm or corporation shall establish, operate or
maintain a private or public dumping ground within the Village without first
having received a permit therefor from the Village Council.
Section 3. Written application for a permit for the establishment, opera -
to tion or maintenance of a private or public dump shall be filed with the Village
Clerk. Said application shall set forth the following information:
1. Complete legal description of land proposed for use
as a dumping ground.
2. Plot plan of dumping site, including fencing and pro-
posed access from public roads.
3. Description of proposed mode of operation.
4. Type of waste to be dumped.
5. Proposed rates and times of dumping.
6. Written certification of approval of site by Village
Health Officer and Village Engineer.
An application fee of $25.00 to offset Village expense of site inspection and
• publication shall be paid by applicant at time of filing of application. In the
discretion of the Village Council, such portion of said application fee not
• expended may be refunded to applicant.
Section 4. Prior to the issuance of any permit for the establishment,
operation or maintenance of any private or public dumping ground a public
hearing on each application for permit shall be held by the Village Council.
• • 2.
LJ
with notice thereof published in the official newspaper of the Village not less
than 14 days prior to the date of hearing. Said published notice shall set
forth the legal description of the proposed dump ground and the time and place
of hearing. In addition to published notice, all owners of land situated within
• one mile of the proposed dump' ground shall be given notice of said public
hearing by mail not less than 10 days prior to the date of hearing. Said 10
day period shall commence on the day following the date of which said notice
is deposited in the U. S. mails, postage prepaid. At the hearing, which may
be adjourned from time to time by public announcement to those present, the
Village Council shall give reasonable hearing and consideration to all ob-
jections to and comments on the application, whether presented orally or by
written communication.
Section 5. No permit shall be issued for a period in excess of twelve
(12) months, and all permits shall expire on December 31st of each year. A
written application for the renewal of a permit shall be filed with the Village
Clerk not less than 60 days prior to the proposed renewal date. Application
for renewal of a permit shall be considered by the Village Council only after a
written report on the dump ground and its operations by the Village Health
Officer and Village Engineer. The permit fee shall be established annually by
the Village Council at its first meeting each year. The Village Health Officer
and Village Engineer shall inspect each dump ground at least twice yearly and
each shall furnish the Village Council with a written inspection report thereon.
At the discretion of the Village Council, renewal permits may be issued without
the necessity of a public hearing thereon.
Section 6. The dumping ground shall be entirely enclosed with a
suitable fence except at one point which shall be designated as the entrance.
Said entrance shall be of sufficient width to allow the passage of all ordinary
vehicles and shall be provided with a substantial gate. At all times other than
during dumping hours, said gate shall be securely locked with a padlock or
some other device that will prevent ready access to said dumping ground.
Section 7. Rules for Dumping. The use of the dump ground shall be
governed by the following rules:
1. Ashes shall be dumped in one pile to be used for
covering organic or other materials which are
likely to produce odors or attract flies , mos-
quitoes or other insects.
i2. All combustible materials shall be either burned
or buried in such manner as not to constitute a
• nuisance.
0
•
3. No automobile bodies or other bulky articles shall be
dumped on said ground.
4. It shall be unlawful for any person to deposit or cause
• to be deposited any garbage, offal, carcass or other
putrescible matter.
S. With permission from the Village Council, licensed
garbage or rubbish collectors and Village employees may
use the dump ground under the same conditions as herein
prescribed for private individuals, except that deposits
by them need be covered only once each day if several
different deposits are made in one location during the
same day.
6. It shall be unlawful for any person to deposit or cause to
be deposited any tin cans or other vessels unless the
same have been rendered incapable of holding water or
unless they are securely covered or filled with earth or
ashes.
7. Except as provided in subdivision 2 above, it shall be
unlawful for any person to set a fire in the refuse at the
to dumping ground or to deposit hot ashes or other material
which would be likely to cause fire.
8. It shall be unlawful for any person to deposit or to cause
to be deposited any loose material which is likely to be
carried by the wind outside the dumping ground to the
injury or annoyance of any person or persons owning or
occupying property nearby unless said loose'niaterial is
covered with earth, ashes or other weighted materials.
9. Sufficient and competent labor must be provided by the
dumping ground proprietor and the person using the
facility to enable necessary precautionary measures to
be taken for the prevention of a nuisance.
10. Each layer of refuse which has been laid and covered with
soil must be allowed to settle before the next layer is
• added.
•
•
Section 8. It shall be unlawful for any person other than the dumping
ground proprietor to pick over the refuse deposited in the dumping ground.
Section 9. Prior to the receipt of a dumping ground permit, the pro-
prietor thereof shall file with the Village Clerk a corporate surety bond
approved by the Village Council in the amount of $2 , 000.00 conditioned
upon the compliance of this ordinance.
Section 10. The proprietor of a dumping ground licensed hereunder shall
be responsible for the sanitation and maintenance of such grounds, and shall
clean, fill and level said grounds to the satisfaction of the Council within 24
hours after receiving written notice to do so from the Village Clerk. In the
event the dumping ground proprietor fails to comply with said notice, the Village
shall have the right to cause said grounds to be cleaned, filled and leveled at
the proprietor's expense. Any expense incurred therefor by the Village and not
paid by the proprietor within 30 days after billing may be recovered by the
Village together with reasonable attorney's fees in an action brought in any
court of competent jurisdiction, or in the alternative, the Village Council may
certify the amount due together with penalties to the County Auditor of Hennepin
or Carver Counties, as the case may be, to be collected with other real estate
taxes levied against the premises constituting such dumping grounds.
Section 11. The Village shall issue a written permit stating all con-
ditions and regulations pertaining to each dumping ground.
Section 12. A sign shall be located at the entrance gate to the dump
site, showing dumping hours.
Section 13. Any person violating any of the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in
in an amount not to exceed One Hundred Dollars ($100.00) or imprisoned not to
exceed ninety (90) days. Each day that any violation is continued shall con-
stitute a separate offense.
Section 14. This ordinance shall take effect and be in force on and after
its publication.
41
Passed by the Council this — day of January, 1968.
ATTEST:
Clerk
• Published in/�ji� ,�r on the
1968.
PIOR
.� day of _ ,
Village of Chanhassen
Carver and Hennepin Counties,
Minnesota
ORDINANCE NO. 15
An Ordinance Regulating the Use,
Administration, Maintenance
and Operation of Private or
Public Dumping Grounds.
The Council of the Village of
Chanhassen ordains:
Section 1. The Village Council
finds it to be in the public inter-
est of the Village for reasons of
public health, welfare and safety
to regulate the use, administra-
tion, maintenance and operation
of private or public dumping
grounds within the Village.
Section 2. No person, firm or
corporation shall establish, oper-
ate or maintain a private or pub-
lic dumping ground within the
Village without first having re-
ceived a permit therefor from the
Village Council.
Section 3. Written application
for a permit for the establish-
ment, operation or maintenance
of a private or public dump shall
be filed with the Village Clerk.
Such application shall set forth
the following information:
1. Complete legal description of
land proposed for use as a
dumping ground.
2. Plot plan of dumping site, in-
cluding fencing and proposed
access from public roads.
3. Description of proposed mode
of operation.
4. Type of waste to be dumped.
5. Proposed rates and times of
dumping.
6. Written certification of approv-
al of site by Village Health
Officer and Village Engineer.
An application fee of $25.00 to
offset Village expense of site in-
spection and publication shall be
paid by applicant at time of filing
application. In the discretion of
the Village Council, such portion
of said application fee not ex-
pended may be refunded to ap-
plicant.
Section 4. Prior to the issuance
of any permit for the establish-
ment, operation or maintenance
of any private or public dumping
ground a public hearing on each
application for permit shall be
held by the Village Council with
notice thereof published in the
official newspaper of the Village
not less than 14 days prior to the
date of hearing. ,Said published
notice shall set forth the legal
description of the proposed dump
ground and the time and place
of hearing. In addition to pub-
lished notice, all owners of land
situated within one mile of the
proposed dump ground shall be
given notice of said public hear-
ing by mail not less than 10 days
prior to the date of hearing. Said
10 day period shall commence on
i the day' following the date of
which said notice is deposited in
the U.S. mails, postage prepaid.
At the hearing, which may be
adjourned from time to time by
public announcement to those
present, the Village .Council shall
give reasonable hearing and con-
sideration to all objections to and
comments on the application,
whether presented orally or by
written communication.
Section 5. No permit shall be
issued for a period in excess of
twelve (12) months, and all per-
mits shall expire on December
31st of each year. A written ap-
plication for the renewal of a
permit shall be filed with the Vil-
lage Clerk not less than 60 days
prior to the proposed renewal
date. Application for renewal of
a permit shall be considered by
the Village Council only after a
written report on the dump
ground and its operations by the
Village Health Officer and Village
Engineer. The permit fee shall
be established annually by the
Village Council at its first meeting
each year. The Village Health
Officer and Village Engin:er shall
inspect each dump ground at,least
twice yearly and each shall fur-
nish the Village Council with a
written inspection report thereon.
At the discretion of the Villagp
Council, renewal permits may be
issued without the necessity of a
public hearing thereon.
Section 6. The dumping ground
,hall be entirely enclosed with a
suitable fence except at one point
which shall be designated as the
entrance. Said entrance shall be
of sufficient width to allow the
passage of all ordinary vehicles
and shall be provided with a sub-
,tantial_gate. At all times other
than during dumping hours, said
gate shall be securely locked
lage Council, licensed garbage AFFIDAVIT OF PUBLICATION
or rubbish collectors and Vil-
lage employees may use the TE OF MINNESOTASS
dump ground under the same
conditions as herein prescribed County Of Hennepin
for private individuals, except
that deposits by them need be
covered only once each day if J. Van Sloun, being duly sworn, on oath says he is and
several different deposits are all the times herein stated has been the General Manager -
made in one location during of the newspaper known as The Excelsior South Shore
the same day. onka Herald and has full knowledge of the facts herein stated
6. It shall be unlawful for any ws:
person to deposit or cause to Said newspaper is _ printed in the English language in news -
be deposited any tin cans or format and in column and sheet form equivalent in printed
other vessels unless the same o at least 900 square inches. (2) Said newspaper is a weekly
have been rendered incapable distributed at. least once each week. (3) Said newspaper has
of holding water or unless they its news columns devoted to news of local interest to the com-
are securely covered or filled which it purports to serve and does not wholly duplicate
with earth or ashes. ier publication and is not made up entirely of patents, plate
7. Except as provided in subdi- and advertisements. (4) Said newspaper is circulated in and
vision 2 above, it shall be un- e municipality which it purports to serve, has at least 500
lawful for any " person to set regularly delivered to paying subscribers, has an average of
a fire . in the refuse at the t 75% of its total circulation currently paid or no more than
dumping ground or to deposit onths in arrears and has entry as second-class matter in its
hot ashes or other material ,ost-office. (5) Said newspaper purports to serve the Village of
which would be likely to cause tor, in the County of Hennepin, and it has its known office of
fire. n the Village of Excelsior, in said county, established and
8. It shall be unlawful for any luring its regular business hours for the gathering of news,
person to deposit or to cause advertisements and sale of subscriptions and maintained by
to be deposited any loose ma- waging officer of said newspaper or persons in his employ and
terial which is likely to be car- t to his direction and control during all such regular business
ried by the wind outside the
dumping ground to the injury Pd devoted exclusively during such regular business hours to
or annoyance of any person or siness of the newspaper and business related thereto. (6) Said
persons owning or occupying aper files a copy of each issue immediately with the State
property nearby unless said ical Society. (7) Said newspaper has complied with all the
loose material is covered with ing conditions for at least two years preceding the day or
earth, ashes or other weighted of publication mentioned below. (8) Said newspaper has filed
materials. e Secretary of State of Minnesota prior to January 1, 1966
9. Sufficient and competent labor ch January 1 thereafter an affidavit in the form prescribed by
must be provided by the dump- cretary of State and signed by the General Manager of said
ing ground proprietor and the aper and sworn to before a notary public stating that the news -
person using the facility to en- is a legal newspaper.
able neccessary precautionary
measures to be taken for the further states on oath that the printed
prevention of a nuisance. iiZ3ariCe Noo 1
10. Each layer of refuse which
has been laid and covered with, attached as a part hereof was cut from the columns of said
soil must be allowed to settle ,aper, and was printed and published therein in the English
before the next layer is added.
Section 8. It shall be unlawfulage, once each week, for--On--e---successive weeks; that it was
for any person other than the
dumping ground proprietor to I aur sda; t;�'
pick over the refuse deposited in published on r the- day of
the dumping ground. ru`a.i-Y 19 68 and was thereafter printed and
Section 9. Prior to the receipt
of a dumping ground permit, the hed on every to and including the
proprietor thereof shall file with
the Village Clerk a corporate sur day of 19 and that the
ety bond approved by the Village .
Council in the amount of $2,000.00 rng is a printed copy of the lower case alphabet from A to Z,
conditioned upon the compliance reclusive, and is hereby acknowledged as being the size and
of this ordinance. A type used in the composition and publication of said notice,
Section 10. The proprietor of a
dumping ground licensed here- abcdefghi7 o vwxy
under shall be responsible for the q
sanitation and maintenance of ,
such grounds, and shall clean, fill
and level said grounds to the sat-
isfaction of the Council within 24ubscribed and sworn o before me this day of
hours after receiving written no-'' ,.11L r 68
tine Ftp;;-fi0 sg.,..�rop the Village19
Clerk,; ki the event, the dumping
ground proprietor fails to comply
with said <pgtige,, the, Village shall
have the rigk)�; to cause said ial Notary public, County, Minnesota
grounds to,,' -e cleaned, filled and
leveled at the proprietor's ex- !EVA M. mn-rI<!'
pense. Any expense incurred) My Commission Expire ,.
ennepm County, Mina,
therefor by the Village and not My Commission Expires March 28, 1974.
paid by the ,proprietor within 30
days after billing may be recov-
ered by the Village together with
reasonable attorney's fees in an
action brought in any court of
competent jurisdiction, or in the with a padlock or some other de -
alternative, the Village Council vice that will prevent ready ac -
may certify the amount due to- ^ess to said dumping grourd.
nether with penalties to the Coun- Section 7. Rules for Dumping.
tv Auditor of Hennepin or Carver The use of the dump ground shall
Counties, as the case may be, to be governed by the following
be collected with other real estate rules:
taxes levied against the premises 1. Ashes shall be dumped in one
constituting such dumping pile to be used for covering
Gorganic or other materials
rounds.
d
Section 11. The Village shall
issue a written permit stating all
conditions and regulations per-
taining to each dumping ground.
Section 12. A sign shall be lo-
cated at the entrance gate to the
Aump site, showing dumping
hours.
Section 13. Any person violat-
ing any of the provisions of this
ordinance shall be guilty of a mis-
demeanor, and upon conviction
thereof shall be fined in an
amount not to exceed One Hund-
red Dollars ($100.00) or impris-
oned not to exceed ninety (90)'
days. Each day that any viola-
tion is continued shall constitute'(
a separate offense.
Section 14. This ordinance shall
take effect and be in force on and
-fter its publication.
Passed by the Council this 15th
day of January, 1968.
Eugene Coulter
Mayor
gtt-st:
Kay Klingelhutz
Clerk
(E 1/25,'68)
which are likely w pro uce
odors or attract flies, mosqui-
toes or other insects.
2. All combustible materials shall
be either burned or buried in
such manner as not to consti-
tute a nuisance.
3. No automobile bodies or other
bulky articles shall be dumped
on said ground.
4. It shall be unlawful for any
person to deposit or cause to
be deposited any garbage, offal,
carcass or, other putrescible
matter.
5. With permission from the Vil-