Ordinance 113CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 113
AN ORDINANCE AMENDING CHAPTER 16 OF THE
CHANHASSEN CITY CODE CONCERNING SOLID WASTE
The City Council of the City of Chanhassen ordains:
section 1. Section 16-1 of the Chanhassen City Code is
amended by adding the following definitions:
"Collection" means the aggregation of mixed municipal solid
waste from the place at which it is generated and includes
all activities up to the time the waste is delivered to a
waste facility.
"Commingled (e.g., dumpster-type) Residential Collection',
means collection from any building consisting of more than
one dwelling unit wherein each unit has an individual
kitchen and wherein the mixed municipal solid waste of each
unit is mixed with the waste of other units prior to the
collection efforts of licensed haulers.
• "Construction Debris'$ means waste building materials,
packaging and rubble resulting from construction,
remodeling, repair, and demolition of buildings and roads.
"Generator$' means any person who produces or causes the
production of mixed municipal solid waste.
IfIndividual (e.g., curbside) Residential Collection" means
collection from any building consisting of one or more
dwelling units wherein each unit has an individual kitchen
and wherein the mixed municipal solid waste of each unit is
separately collected by licensed haulers.
"Mixed Municipal Solid Waste" means garbage, refuse, and
other solid waste from residential, commercial, industrial,
and community activities which is generated and collected in
aggregate, but excluding auto hulks or large auto parts,
street sweepings, ash, construction debris, mining waste,
sludges, household hazardous waste, tree and agricultural
wastes, tires, lead acid batteries, used oil, yard waste,
and other materials collected, processed, and disposed of as
separate waste streams.
"Recyclables" means materials which can be separated from
the mixed municipal solid waste stream for collection and
preparation for reuse in their original form, or for other
uses in manufacturing processes that do not cause the
r11 /29/89
destruction of the recyclable materials in a manner that
• precludes further use.
especial Pick-up" means any collection of materials other
than garbage, refuse, recyclables or yard waste, including
white goods (e.g., large appliances), furniture, oversized
materials, construction debris, and other materials
collected, processed, and disposed of as separate waste
streams.
"Targeted Recyclables" means metal beverage containers,
glass containers, newsprint, or other materials that may be
designated by Resolution of the City Council.
IlYard Waste" means organic materials consisting of grass
clippings, leaves and other forms of organic garden waste,
but excluding bushes, fibrous brush, woody materials, or
other materials that are not readily compostible within a
calendar year.
section 2. section 16-31 of the Chanhassen City Code is
amended to read:
(A) No person shall haul mixed municipal solid waste or
recyclables collected in the City without first securing a
license from the City.
• (B) The license shall be valid for one calendar year and
shall expire on December 31 of each year unless revoked sooner.
(C) An applicant for a license shall make application to
the City Manager through forms and procedures prescribed by the
City Manager.
(D) The annual license fee shall be established by
Resolution of the City Council.
(E) The City Manager shall issue licenses only after
receipt and review of all required forms and fees. Upon review of
the documents submitted, the City Manager shall issue a license
if the documents comply with the provisions of this Article. An
applicant denied a license by the City Manager may have the
decision reviewed by the City Council. The applicant shall
request review by the City Council in writing ten (10) days after
denial of the license.
(F) The license requirements of this Article shall not
apply to persons who haul garbage, refuse, or recyclables from
their own residences or business properties, provided that the
following conditions are met:
1. Garbage is hauled in containers equipped with
. tight -fitting covers and which are also watertight
on all sides and the bottom;
-2-
2. Refuse and recyclables are hauled in a manner that
• prevents leakage or any possibility of a loss of
cargo;
•
•
3. Garbage and refuse is only dumped or unloaded at
designated sanitary landfills or other facilities
authorized by Carver County;
4. Recyclables are only dumped or unloaded at a
recycling facility, an organized recycling drive,
or through licensed collectors;
5. Yard waste is privately composted, or is only
dumped or unloaded at a composting facility
authorized by Carver County, or through a licensed
collector.
Section 3. Section 16-33 of the Chanhassen City Code is
amended to read:
A licensed collector must comply with the following requirements.
Failure to observe these provisions may be a basis for suspension
or revocation of a license:
(A) The licensee shall operate in a manner consistent with
its application materials and shall provide notice to the City
within ten (10) days of any change in the information.
(B) No collection of mixed municipal solid waste or
recyclable materials shall be made except between the hours of
6:30 a.m. and 6:00 p.m., Monday through Friday. Operations during
these hours may also be conducted on Saturday, to accommodate
recognized national holidays or a special pick-up. No collection
of yard waste shall be made except between the hours of 6:30 a.m.
and 6:00 p.m., Monday through Saturday. Customers shall be
reasonably notified of the specific day and hours for the
collection of their yard waste, mixed municipal solid waste
and/or recyclables and the licensee shall collect the materials
within those time periods.
(C) Each licensed collector shall only use vehicles and
equipment so constructed that the contents will not leak or
spill. The vehicles and equipment shall also be kept clean and as
free from offensive odors as possible, and shall not stand in any
street, alley, or public place longer than is reasonably
necessary to collect mixed municipal solid waste, yard waste,
and/or recyclables. The licensee shall also ensure that the
collection site is left tidy and free of litter.
(D) Each licensed collector shall
with an opportunity to recycle through
collection of targeted recyclables. The
targeted recyclables shall be on the sa
of the customer's mixed municipal solid
-3-
provide its customers
the weekly curbside
curbside collection of
me day as the collection
waste, but may occur at a
different time within that day. The targeted recyclables
collection shall be from a location at or near the customer's
mixed municipal solid waste collection site, or such other
location mutually agreeable to the hauler and the customer. The
licensee may specify how a customer is to place and prepare their
targeted recyclables for collection. The licensee is also deemed
the owner of the recyclables and upon collection, the licensee
may market them. Nothing herein shall be construed to prevent a
licensee from offering curbside collection for other recyclable
materials, in addition to the targeted recyclables.
(E) Each licensee shall submit a quarterly report to the
City of the weight, in tons, of mixed recyclables collected by
the licensee in Chanhassen. The report shall be provided on or
before the twentieth day of the month following the close of the
quarter and shall be on a form provided by the City. The report
shall also identify the estimated weight of each type of
collected recyclable, distinguish residential collection tonnage
from commercial/industrial tonnage, and describe how the weights
were calculated. Upon written notice to the licensee, the City
may require similar reports on other materials picked up by the
licensee.
(F) Licensed mixed municipal solid waste haulers may not
charge their customers a flat fee rate. To the extent possible,
charges shall be based upon the volume or weight of mixed
municipal solid waste that is collected.
• Section 4. Section 16-35 of the Chanhassen City Code is
amended to read:
Suspension or Revocation of License. Upon the recommen-
dation of the City Manager, the City Council may suspend or
revoke the license of any person whose conduct is found to
be in violation of the provisions of this Chapter.
Suspension or revocation may also be based on other health,
safety, and welfare concerns arising out of the performance
of the licensee, its employees and agents, and/or its
vehicles and equipment. Revocation or suspension of a
license by the Council shall be preceded by a public hearing
conducted in accordance with Minnesota Statutes Sections
14.57 to 1470. The City Council may appoint a hearing
examiner or may conduct a hearing itself. The hearing notice
shall be given at least ten (10) days prior to the hearing,
include notice of the time and place of the hearing, and
shall state the nature of the charges against the licensee.
Section 5. The Chanhassen City Code is amended by adding
Section 16-36 to read:
Sec. 16-36. It is unlawful for any person or business to
scavenge, collect, or otherwise remove mixed municipal solid
• waste, recyclables, or yard waste that has been placed at the
curb or in recycling containers, without a license from the City
-4-
and an account relationship with the owner, lessee, or occupant
. of the premises.
Section 6. The Chanhassen City Code is amended by adding
Section 16-37 to read:
Sec. 16-37. No collector licensed pursuant to this Chapter shall
acquire a vested right in the license. The City may, upon finding
that public necessity requires, determine to establish other
means of refuse collection.
Section 7. The Chanhassen City Code is amended by adding
Section 16-38 to read:
Sec. 16-38. Additional recyclable materials may be designated as
targeted recyclables by Resolution of the City Council after the
effective date of this Chapter. The designation process will be
as follows:
(A) Each licensed collector shall be given 120 days written
notice of proposed additions to the list of targeted recyclables.
The notice will specifically describe the material(s) proposed
for addition and also described how the addition might affect the
duties and obligations of a licensee.
(B) Each licensed collector shall also be given written
notice at least ten (10) days in advance of the time and date of
the City Council meeting that will consider the proposed addition
to the list of the targeted recyclables.
(C) Notice shall be deemed given by mail, to the address
provided on the most recent license application or renewal form.
Section 8. This ordinance shall be effective ninety (90)
days after its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 4th
day of December , 1989.
ATTEST:
ZL �
Don Ashworth, Clerk/Manager
Donald J. Cpfiiel, Mayor'
(Published in the Chanhassen Villager on December 14 , 1989.)
-5-
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 113
AN ORDINANCE AMENDING
CHAPTER 16 OF THE
.' CHANHASSEN CITY CODE
CONCERNING SOLID WASTE
The City Council of the City of
Chanhassen ordains:
Section 1. Section 16-1 of the Chan-
hassen City Code is amended by adding
the following definitions:
"Collection" means the aggregation
of mixed municipal solid waste from the
place at which it is generated and in-
cludes all activities up to the time the
waste is delivered to a waste facility.
"Commingled" (e.g., dumpster-type)
Residential Collection" means collec-
tion from any building consisting of more
than one dwelling unit wherein each unit
has an individual, kitchen and wherein
the mixed municipal solid waste of each
unit is mixed with the. waste of other
units prior to the collection efforts of
licensed haulers.
"Construction Debris" means waste
building materials, packaging and rubble
resulting from construction, remodel-
ing, repair, and. demolition of buildings
and roads.
"Generator" means any person who
produces or causes the ~production of
mixed municipal solid.waste.
"Individual" (e.g., curbside) Resi-
dential Collection" means collection from
any building consisting of one or more
dwelling units wherein. each unit has an
individual kitchen and wherein the mixed
municipal solid waste of each unit is
separately collected by licensed haulers.
"Mixed Municipal. Solid Waste"
means garbage, refuse, and other solid
waste from residential, commercial,
industrial, and community activities which
is generated and collected in aggregate,
but excluding auto hulks -or large auto
parts, street sweepings, ash, construc-
tion debris, mining waste, sludges, house-
hold hazardous waste, tree and agricul-
tural wastes, tires, lead acid batteries,
'used oil; yard waste, and other materials
collected, processed, and disposed of as
separate waste streams. .
,Rccyclables" means materials which;
can be separated from the, mixed munici-
pal solid waste stream 'for collection and
preparation for reuse to their original
form, or for other uses to manufacturing
processes that do not cause the destruc
tion of the recyclable materials in a manner
that precludes further use.
"Special Pick-up" means any collec-
tion of materials other than garbage,
refuse, recyclables or yard waste, includ-
ing white goods (e.g., large appliances),
furniture, oversized materials, construc-
tion debris, and other materials collected,
processed, and disposed of as separate
waste streams.
"Targeted Recyclables" means metal
beverage containers, glass containers,
newsprint, or other materialsthat may be
designated by Resolution of the City
Council.
"Yard Waste" means organic mate-
rials consisting of grass clippings, leaves
and other forts of organic garden waste,
but excluding bushes, fibrous Mush, woody
materials, or other materials that are not
readily compostible within a calendar
year.
ce .... c..rn.%n 16-31 nf the Chan -
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Carver County
Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. ?�. was published on
the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part
of this Affidavit. Said notice was cut from the columns of the newspaper specified Printed below is a copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used
in the composition and publication of the Notice:
abcdefghi jklmnopgrstuvwxyz
By:
1.711, Zn fsrud, neraljg
Subscribed and sworn before me on
this day of 1989
NoUr
•k.MI•aN+sHl+s.Ilwf'�Iwl^rNvrN
r�ws.sni
Laurie A. Hartmann, Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ............................ $7.13 per column inch
Maximum rate allowed by law for the above matter.......................................................... $7.13 per column inch
Rate actually charged for the above matter_........................................................................ $5.30 per column inch
... ....�. wIlu wamc ur IccYvIdUI s
collected in the City without first secur-
ing a license from the City.
(B) The license shall be valid for one
calendar year and shall expire on De-
cember 31 of each year unless revoked
sooner:
(C) An applicant for a license shall
make application to the City Manager
through forms and procedures prescribed
by the City Manager.
(D) The annual license fee shall be
established by Resolution of the City
Council.
(E) The City Manager shall issue
licenses only after receipt and review of
all required forms and fees. Upon review
of the documents submitted, the City
Manager shall issue a license if the docu-
ments comply with the provisions of this
Article. Ari applicant denied a license by
the City Manager may have the decision
reviewed by the City Council. The appli-
cant shall request review by the City:
Council in writing ten (10) days after
pial of the license.
(F) The license requirements of this
Article shall not apply to persons who
haul garbage,,refuse, or recyclables from
their own residences or business proper-
ties, provided that the following condi-
tions are met
1. Garbage is hauled in containers
equipped with tight -fitting covers and
which are also watertight on all sides and
the bottom;
2.Refuse and recyclables are hauled
in a manner that prevents leakage or any
possibility of a loss of cargo;
3.Garbage and refuse is only dumped
or unloaded at designated sanitary landfills
or other facilities authorized by Carver
County;
4.Recyclables are only dumped or
unloaded at a recycling facility, an or-
ganized recycling drive, or through li-
censed collectors;
5.Yard waste is privately composted,
or is only dumped or unloaded at a
composting facility authorized by Carver
County, or through a licensed collector.
Section 3. Section 16-33 of the Chan-
hassen City Code is amended to read:
A licensed collector must comply
with the following requirements. Failure
to observe these provisions may be a
basis for suspension or revocation of 9
license:
(A) The licensee shall operate in a
ma- - consistent with its application
ma. _s and shall provide notice to the
City within ten (10) days of any change
in the information.
(B) No collection of mixed munici-
pal solid waste or recyclable materials
shall be made except between the hours
of 6:30 a.m. and 6:00 p.m., Monday
th—gh Friday. Operations during these
ht may also be conducted on Satur-
day, to accommodate recognized national
holidays or a special pick-up. No collec-
tion of yard waste shall be made except
between the hours of6:30 a.m. and 6:00
p.m., Monday .through Saturday. ,Cus-
Comers shall be reasonably. notified of
the specific day and hours for the collec-
tion of their yard waste, mixed municipal
solid waste and/or recyclables and the
licensee shall collect the materials within
those time periods.
(C) Each licensed collector shall only
use vehicles and equipment so constructed
that the contents will not leak or spill.
The vehicles and equipment shall also be
kept clean and as free from offensive
odors as possible, and shall not stand in
anv street. allev. or nublic olace loneer
odors as possiole, ano snap not suauu ru
any, street, alley, or public place longer
than is reasonably necessary to collect -
mixed municipal solid waste, yard waste,
and/or recyclables., The licensee shall -
also ensure that the collection site is left
tidy and free of litter.
(D) Each licensed collector shall
provide its customers with an opportu- .
nity to recycle through the weekly curbside
collection of targeted recyclables. The
curbside collection of targeted`recyclables
shall be on the same day as the collection
of the customer's mixed municipal solid
waste, but may occur at a different time
within that day. The targeted recyclables
collection shall be from a :location at or
near the customer's mixed municipal
solid waste collection site, or such other .
location mutually agreeable to the hauler'
and the customer..The licensee may specify
how a customer is to place and prepare
their targeted recyclables for collection.
The licensee is also deemed the owner of
the recyclables and upon collection, the .
licensee may market them. Nothing herein
shall be construed to`prevent.a licensee
from offering curbside collection for other.
recyclable materials, in addition to the
targeted recyclables.
(E) Each licensee shall. submit. a
quarterly report to the City of the weight,
in tons, of mixed•recyclables collected
by the licensee in Chanhassen. The re-
port shall be provided ,on or before :the
twentieth day of the month following the
close of the quarter and shall be on a form
provided by.the City. The report shall
also identify 'the estimated weight 'of
each type of collected recyclable, distin-
guish residential collection tonnage.from
commercial/industrial tonnage, and de-
scribe how the weightv�we c g�
Upon written.notice to the licensee, the
City may require similar reports on other
materials picked up by the licensee.
(F) Licensed mixed municipal solid
waste haulers may not charge their cus-
tomers a flat ;fee rate. To the extent
possible, charges shall be based upon the
volume or weight of mixed municipal
solid waste that is collected.
Section 4. Section 16-35 of the Chan-
hassen City Code is amended to read:
Suspension or Revocation of License.
Upon the recommendation of the City
Manager, the. City. Council may suspend
or revoke the license of any person whose
,conduct is found to be in violation of the
provisions of this Chapter.
Suspension or revocation may a)so
be based on other health, safety, and
welfare concerns arising out.of.the.per-
formance of the licensee, its employees
and agents, and/or its vehicles and equip-
ment. Revocation or, suspension of a
license by the Council shall be preceded
by a public healing conducted in accor-
dance with Minnesota Statutes Sections
14.57 to 1470. The City Council may
appoint a.hearing examiner or may con-
duct a hearing itself. The hearing notice
shall be given at least ten (10) days prior
to the hearing, include notice of the time
and place of the hearing, and shall state
the nature of the charges against the
licensee.
Section S. The Chanhassen City Code
is amended by'adding Section 16-36 to
read:
Sec. 16-36. It is unlawful for any
person or business to scavenge, collect,
or otherwise remove mixed municipal
solid waste, recyclables, or yard waste
that has been placed •at the curb or in
recycling containers, without a license
from the City and an, account relation-
ship with the owner, lessee, or occupant
of the premises.
Section 6. The Chanhassen City Code
is amended by adding Section 16-37 to
read; .
Sec. 16-37. No collector licensed
pursuant to this Chapter -shall acquire a
vested right in the license. The City may;
upon finding that public necessity re-
quires, determine to establish other means
of refuse collection. --
Section 7. The Chanhassen City Code
is amended by adding Section 16-38 to
read:
Sec. 16-38. Additional recyclable
materials may be designated as targeted .
recyclables by Resolution of the City
Council ,after the effective date of this
Chapter. The designation process will be
as follows:
(A) Each licensed collector shall be
given 120 days written notice of, pro-
posed additions to the list of targeted
recyclables-. notice will specifically
describe the material(s) proposed for
addition and also described how the .
addition might affect the duties and ob-
ligations'of a licensee.
(B) Each licensed collector shall also
be .given written notice at least ten (10)
days in advance of the time and date of
the City Council meeting that will con-
sider the proposed addition to the list of
the targeted recyclables.
(C) Notice shall be deemed given by
mail, to the address provided on the most
recent license application,or renewal form.
Section 8. This ordinance shall be
effective ninety (90) days after its pas-'
sage and publication.
PASSED. AND ADOPTED by the
Chanhassen City Council this 4th day of
December, 1989.
ATTEST:
Don Ashworth,
Clerk/Manager