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Ordinance 0510 r • • VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 51 AN ORDINANCE PROVIDING FOR AND REGULATING THE DISPOSAL OF REFUSE AND GARBAGE, LICENSING REFUSE AND GARBAGE COLLECTORS, AND FOR THE ALLEVIATION OF AIR POLLUTION, AND REPEALING ORDINANCE NO. 25. THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. DEFINITIONS. For the purpose of this ordinance the following words shall have the meaning herein set forth. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory. 1.01 "Garbage" means putrescible animal, vegetable and organic wastes resulting from the handling, preparation, cooking, service and con- sumption of food. 1.02 "Refuse" means non-putrescible solid wastes of all kinds, combustible and non-conbustible, resulting from the operation of a household, including but not limited to metal cans, paper, stoneware, glass, wood, grass clippings, leaves, foliage trimmings, or any other dis- carded or unusable materials, appliances or furniture, in quantities small enough for one man to conveniently handle. The word "refuse" shall not include construction materials resulting from the construction or reconstruction of buildings or other improvements by contractors, nor trees in excess of six inches in diameter. 1.03 "Refuse and garbage collector" means any person holding a valid license from the Village for the purpose of collecting refuse and garbage. 1.04 "Residential dwelling" means any single building consisting of two (2) or less dwelling units with individual kitchen facilities for each. 1.05 "Multiple dwelling" means any building used for residential purposes consisting of more than two (2) dwelling units with individual kitchen facilities for each. • • • 1.06 "Commercial establishments" means any premises where a • commercial, industrial or agricultural enterprise of any kind is carried on, and shall include clubs, churches and schools. 1.07 "Incinerator" means any device used for the destruction of refuse or waste materials by fire. 1.08 "Persons" means any owner or occupant of a residential dwelling unit, or the owner, manager or proprietor of a multiple dwelling or commercial establishment, whether an individual, partnership, assocation or corporation. SECTION 2. DISPOSAL OF GARBAGE AND REFUSE. All persons shall dis- pose of refuse and garbage as provided in this ordinance. Refuse and garbage shall be disposed of at least once each week from residential and multiple dwellings. Refuse and garbage of any commercial establishment shall be disposed of at least once each week, and at more frequent intervals if deemed necessary to protect the • public health, and on order of the Village. Refuse or garbage shall not be permitted 40 to accumulate on any property within the Village so as to constitute a nuisance by reason of appearance, odor, sanitation, or so as to create a fire or health hazard. SECTION 3. PREPARATION OF REFUSE AND GARBAGE FOR COLLECTION. 3.01 Preparation. Except as otherwise provided herein, all refuse and garbage accumulated on any property shall be drained of all liquids, shall be wrapped or bagged and placed in containers. No explosives or highly inflammable material shall be so prepared and placed in containers for collection. All explosive and highly inflammable materials shall be disposed of as directed by the Fire Marshal of the Village at the expense of the owner or possessor thereof. Grass clippings , leaves and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and shall be securely fastened to avoid spillage. Discarded Christmas trees , appliances and furniture need not be so packaged. 3.02 Placement for Collection. Refuse and garbage shall be deposited for • pickup at one place on ground level on each property. Refuse and 0 -2- garbage shall not be deposited on or adjacent to the traveled roadway of any street or alley or ahead of the front building set back line, or in the yard next to the street abutting any corner lot. 3.03 Contagious Disease Refuse. Contagious disease refuse, including but not limited to bedding, wearing apparel, or eating utensils, shall not be deposited for regular collection, but shall be disposed of as directed by the Village Health Officer at the expense of the owner or possessor thereof. 3.04 Garbage Containers. Garbage containers shall be made of metal or other suitable material, shall be watertight, insect and rodent proof and fireproof, shall be of a material not easily corrodible, shall be equipped with suitable handles and tight -fitting covers, and shall be kept tightly covered when containing garbage. 3.05 Refuse Containers. Refuse containers shall be of a kind suitable for collection purposes, and shall be of such size and weight as can be handled by one man, and shall be kept tightly covered when con- taining refuse. 3.06 Multiple Dwellings. Multiple dwellings having more than two (2) family units shall be equipped either with refuse and garbage con- tainers and refuse and garbage pickup service as provided herein, or shall be equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency and licensed by the Village as provided herein. Refuse and garbage containers provided as an alternative to or in addition to such in- cinerator shall be at least one (1) cubic yard in capacity, shall be conveniently located in relationship to the residence units for which they are provided, shall be watertight, insect and rodent proof, fire- proof, with self-closing lids and shall be kept in an enclosure so as to be concealed from public view. Such refuse and garbage containers shall be located so their contents are inaccessible for at least three (3) feet above the base of the enclosure. The person owning or operating such multiple residence shall provide for pickup from such containers. Refuse or garbage shall not be permitted to accumulate at or near the enclosure except in the container. 3.07 Commercial Establishments. The person owning or managing any commercial establishment, or any other property which produces a volume of refuse or garbage which requires pickup more frequently than once each week shall also provide refuse and garbage containers as described in the foregoing subdivision. The person owning or managing any premises used as an office, warehouse or industrial -3- • • building shall provide waste containers inside the structure in sufficient size and number to store accumulations of refuse and garbage resulting from each working day. All such containers shall be constructed of non-combustible materials. 3.08 Maintenance. It shall be the duty of each person owning or main- taining containers for refuse or garbage to maintain said containers in a sanitary condition. Such containers shall be located in such a manner as to prevent them from being overturned, and the area where containers are located shall be kept free from any substance which shall attract or breed flies , mosquitos , other insects or rodents. No refuse or garbage container for a residential dwelling unit shall exceed thirty-two (32) gallons in capacity or a total weight of seventy-five (75) pounds in weight when filled, shall have no ragged or sharp edges nor any defects liable to impede or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice by the Village. Whenever a container is in poor repair the collector shall tag the container with notice of defects and the requirement to repair or replace the container. A copy of such notice shall be given to the Village, and if, upon the next collection date, the container has not • been repaired or replaced, the collector shall so notify the Village. 1* 3.09 Storage of Garbage and Refuse Containers. Garbage and refuse con- tainers shall be so located so as to be out of the public view except on the day of pickup. SECTION 4. LICENSING OF REFUSE AND GARBAGE COLLECTORS; CONTRACTS. 4.01 License Required. No person shall engage in the business of garbage or refuse collection in the Village unless he shall first secure a license therefor from the Village. 4.02 Number of Licenses; Duration. Licenses shall be issued by the Village Council in such number as the Council may from time to time determine as not adversely affecting or interfering with any refuse or garbage collector or collectors under contract with the Village as hereinafter provided. Each refuse and garbage collector license shall be for one year from November 1 to October 31. 4.03 License Application. An applicant for such license shall make application to the Village Clerk. The application shall accurately state: (a) the name of the owner of the collection service; 41 (b) the proposed charges for hauling;- (c) a description of the kind ie of services to be rendered; (d) a description of each motor vehicle Ma 0 to be used for hauling:;, including the license number thereof; (e) the manner and kind of service to be given the customers and schedule of pickups; (f) the routes or area to be served; and (g) the place of disposal of refuse and garbage collected. 4.04 Liability Insurance. No such license shall be issued until the applicant files with the Clerk a certificate of liability insurance issued by an insurance company licensed to do business in the State of Minnesota currently covering all vehicles to be used by the applicant in his business. The minimum limits of coverage for such insurance shall be: (a) each person at least $100,000; (b) each accident at least $300,000; (c) property damage at least $25,000. Such insurance shall be kept in force during the term of the license and shall provide for notification to the Village prior to termination or cancellation. Any license issued hereunder shall automatically be revoked upon notice of termination or cancellation of such insurance and shall remain revoked until other insurance is provided as required herein. 4.05 License Fee. The annual license fee shall be $25.00 for the first vehicle and $15.00 for each additional vehicle, and $5.00 for is auxilary vehicles under 1-1/2 tons. 4.06 Bond. Before a license is granted the applicant shall furnish to the Village and deposit with the Village Clerk a corporate surety bond approved by the Village in the sum of $1, 000.00 , said bond to be conditioned upon the faithful performance by the licensee of all work entered into or contracted for by said licensee and conditioned upon the compliance with all of the provisions and requirements of this ordinance and all other applicable ordinances. SECTION 5. DUTIES OF COLLECTOR. 5.01 Collection Vehicles. All persons hauling or conveying refuse or garbage over the streets of the Village of Chanhassen shall use a vehicle provided with a tight cover which shall be so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped or spilled from the vehicle. All such vehicles shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand on any street, alley, or other place longer than is reasonably necessary to collect refuse and garbage. Any vehicle used for such purpose shall be kept in a clean and sanitary condition and shall be thoroughly disinfected at least once each week, unless the same has not been go used 'since the last disinfection thereof. -5- W • • • 0 5.02 Return of Containers. After pickup containers and reusable refuse containers shall be returned by the collector to the place where they are permitted to be stored under this ordinance. 5.03 Hours of Collection. No person engaged in hauling refuse or garbage for hire from residential units from within the Village shall do so after 6:00 P.M. or before 6:00 A.M. of any day. There shall be no garbage or refuse pickup from residential dwellings on Sundays. 5.04 Inspection. Every vehicle employed in collection service shall be subject to inspection by the Village at all reasonable times. Every such vehicle shall have the name of the licensee clearly printed on both sides, and the license issued by the Village shall be kept in the vehicle at all times while it is being used within the Village. 5.05 Vehicle Operation. All Village licensed collection vehicles shall be operated in accordance with the following regulations: (a) vehicles operated pursuant to the provisions of this ordinance shall be ex- cepted from the seasonal weight restrictions placed upon Village roads except that 1) no such vehicle shall be operated during the • seasonal restriction period when the gross weight on any single axle on such vehicle exceeds 18,000 lbs.; and 2) no vehicle shall be operated on any road where special postings specifically pro- hibit refuse collection vehicles; (b) during those periods of time when weight restrictions are imposed each collector shall make pro- visions for refuse and garbage collection service in conformance with such restrictions so that collection service is not interrupted. 5.06 No Vested Right. No collector licensed pursuant to this ordinance shall acquire a vested right in said license. The Village, upon a finding that the public necessity requires, may determine to estab- lish other means of refuse collection. 5.07 Disposal of Garbage and Refuse. No person shall dispose of refuse upon any property within the Village except at an approved sanitary landfill site or disposal depot. An approved sanitary landfill site or disposal depot is a site for the disposal of refuse or garbage, which site has been approved by the Village, and which is licensed and operated in accordance with the rules and regulations of the Minnesota pollution Control Agency. 5.08 Obligation of Licensed Collectors. A licensed garbage and refuse collector shall pick up all garbage and refuse of his customers which . has been deposited for collection in the manner provided in this ordinance. mom r • • 0 5.09 Private Disposal. Nothing in this ordinance shall be so construed as to prohibit the owner or occupant from disposing of garbage or refuse by delivering same to an approved landfill site or disposal depot. SECTION 6. INCINERATORS. 6.01 Compliance Requirements. No person shall operate an incinerator within the Village for the burning of garbage or refuse unless such incinerator complies with the requirements of the Minnesota Pollution Control Agency. No incinerator, except an incinerator for a resi- dential dwelling, shall be operated within the Village unless the operation of such incinerator has been licensed by the Village as provided in this section. 6.02 License Application. Application for a license shall be made to the Village Clerk. The application shall state the name and address of the owner of the property on which the incinerator is located, a description of the type of incinerator, and, except in renewal appli- cations, a plan showing that the incinerator will comply with applicable rules and regulations of the Village and the Minnesota ON Pollution Control Agency. 6.03 Issuance of License. Incinerator licenses may be granted by the Village Clerk if it is ascertained the the incinerator meets the re- quirements of the Minnesota Pollution Control Agency and the ordinances of the Village. The application may be referred by the Village Clerk to the Village Council and the Village Council may grant or deny the application, and it shall be grounds for denial if it appears that the ordinances or regulations of the Village relating to health, safety, building or zoning are not being complied with on the premises concerned. SECTION 7. OPEN BURNING PERMIT. 7.01 Permit Required. No person shall dispose of grass, weeds, trees, brush, combustible materials, natural ground cover, or any building or structure by open burning, or cause, allow, or permit open burning unless a permit therefor has been secured from the Village Fire Marshal or Fire Chief. Such permit shall be issued by such official only in accordance with the rules and regulations of the Minnesota Pollution Control Agency. 7.02 Conditions of Permit. If a permit is required by the terms of this section for open burning, such Village official may condition the dWC • granting of such permit in such a manner as he shall deem appropriate. A violation of any such condition shall be a violation of this ordinance. 7.03 Pursuant to authority of Minnesota Statutes, Section 471. 62, Air Pollution Controls and Regulations and Ambient Air Quality Standards 1 through 15, inclusive, of the Minnesota Pollution Control Agency are hereby adopted by reference. The Village Clerk shall mark and keep on file in his office one copy of said regulations marked "Official Copy" for use and examination by the public, and shall furnish a copy of this ordinance and said regulations at cost to any person upon request. 7.04 Exceptions. Picnic bonfires and barbecue burners shall be permitted when used in a manner so as not to constitute a nuisance. A person of suitable age and discretion shall be in constant attendance until such bonfire or barbecue burner is completely extinguished. The provisions of this ordinance shall not apply to fireplaces within a completely enclosed building. SECTION 8. PUBLIC NUISANCE. Any accumulation of refuse or garbage on any premises not stored in containers complying with this ordinance, or any accumulation of refuse or garbage on any premises which has remained thereon for more than one (1) week is hereby declared to be a public nuisance, and shall be abated by the order of the Village, pursuant to the provisions of Minnesota Statutes, and the cost of any such abatement shall be assessed against the property where the nuisance is found to exist. SECTION 9. REPEAL. Ordinance No. 25, adopted April 1, 1968, and entitled "An Ordinance Regulating and Controlling the Ignition and Maintenance of Fires within the Village of Chanhassen" is hereby repealed. SECTION 10. PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an 48 amount not exceeding $300.00 or to imprisonment for a period of not to exceed ninety (90) days. Such penalty may be imposed in addition to revocation or suspension of license and abatement of a nuisance hereunder. SECTION 11. EFFECTIVE DATE. This ordinance shall take effect from and after passage and publication. Passed by the Council this day of 1972. ATTEST: CLERK -A MINISTRATOR 40 ,2q/� r�a�,- MAYOR 4'x tf Published in Carver County Sun on the 24th day of August , 1972. M of the type of incinerator, and, ex- cept in renewal applications, a plan showing that the incinerator will comply with applicable rules and regulations of the Village and the Minnesota Pollution Control Agency. 6.03 Issuance of License. Incinerator licenses may be granted by the Vil- lage Clerk if it is ascertained the in- cinerator meets the requirements of the Minnesota Pollution Control Agency and the ordinances of the Vil- lage. The application may be re- ferred by the Village Clerk to the Vil- lage Council and the Village Council may grant or deny the application, and it shall be grounds for denial if it appears that the ordinances or regu- lations of the Village relating to health, safety, building or zoning are not being complied with on the preni- ises concerned. SECTION 7. OPEN BURNING PERMIT. 7.61 Permit RegpW. No person shall dispose of grass, weeds, trees, brush, combustible materials, natural ground cover, or any building or structure by open burning, or cause, allow, or permit open burning unless a permit therefor has been secured from the Village Fire Marshall or Fire Chief. Such permit shall be is- sued by such official only in accord- ance with the rules and regulations of the Minnesota Pollution Control Agency. 7..02 Conditions of Permit. If a permit is required by the terms of this section for open burning, such Village offi- cial may condition the granting of such permit in such a manner as he shall deem appropriate. A violation of any such condition shall be a viola- tion of this ordinance. 7.03 Pursuant to authority of Minnesota Statutes, Section 471.62, Air Pollution Controls and Regulations and Am- bient Air Quality Standards 1 through 15, inclusive, of the Minnesota Pollu- tion Control Agency are hereby adop- ted by reference. The Village Clerk shall mark and keep on file in his of- fice one copy of said regulations marked "Official Copy" for use and examination by the public, and shall furnish a copy of this ordinance and said regulations at cost to any person upon request. 7.04 Exceptions. Picnic bonfires and barbecue burners shall be permitted when used in a manner so as not to constitute a nuisance. A person of suitable age and discretion shall be in constant attendance until such bon- fire or barbecue burner is completely extinguished. The provisions of this ordinance shall not apply to fire- places within a completely enclosed building. SECTION 8. PUBLIC NUISANCE. Any accumulation of refuse or garbage on any premises not stored in containers complying with this ordinance, or any accumulation of refuse or garbage on any premises which has remained thereon for more than one (1) week is hereby de- clared -to be a public nuisance, and shall be abated by the order of the Village, pur- suant to the provisions of Minnesota Stat- utes, and the cost of any such abatement shall be assessed against the property where the nuisance is found to exist. SECTION 9. REPEAL. Ordinance No. 25, adopted April 1, 1968, and entitled "An Ordinance Regulating and Controlling the Ignition and Maintenance of Fires within the Village of Chanhassen" is hereby re- pealed. SECTION 10. PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not exceeding $300.00 or to im- prisonment for a period of not to exceed ninety (90) days. Such penalty may be imposed in addition to revocation or sus- pensidq of license and abatement of a nuisance hereunder. SECTIOII 11. EFFECTIVE DATE. This ordinance shall take effect from and after passage and publication. Passed by the Council this 14th day of August, 1.972. /s/ AL KLINGELHUTZ Mayor ATT18ST: /s/ ADOLPH TESSNESS Clerk -Administrator (Aug. 24, 1972) -Cary house or industrial building shall provide waste containers "inside the ty-five (75) poundsin weight when structure in sufficient size and num- ber to store accumulations of refuse ARVER and garbage resulting from each edges nor any defects liaa ble to de working day. All such containers shall be constructed of non-combus- tible materials. U�jl EWSPAPERS 3.08 Maintenance. It shall be the duty of each person owning or maintaining containers for refuse or garbage to r maintain said containers in a sani- East 2nd Street tary condition. Such containers shall of this ordinance shall be promptly replaced upon notice by the Village. be located in such a manner as to prevent them from being overturned, and the area where containers are pair the collector shall tag the con- located shall be kept free from any substance which shall attract or OF PUBLICATION insects breed flies, mosquitos, gl or rodents. No refuse or bage con- requirement to repair or replace the tainer for a residential dwelling unit shall exceed thirty-two (32) gallons of the type of incinerator, and, ex- cept in renewal applications, a plan showing that the incinerator will comply with applicable rules and regulations of the Village and the Minnesota Pollution Control Agency. 6.03 Issuance of License. Incinerator licenses may be granted by the Vil- lage Clerk if it is ascertained the in- cinerator meets the requirements of the Minnesota Pollution Control Agency and the ordinances of the Vil- lage. The application may be re- ferred by the Village Clerk to the Vil- lage Council and the Village Council may grant or deny the application, and it shall be grounds for denial if it appears that the ordinances or regu- lations of the Village relating to health, safety, building or zoning are not being complied with on the preni- ises concerned. SECTION 7. OPEN BURNING PERMIT. 7.61 Permit RegpW. No person shall dispose of grass, weeds, trees, brush, combustible materials, natural ground cover, or any building or structure by open burning, or cause, allow, or permit open burning unless a permit therefor has been secured from the Village Fire Marshall or Fire Chief. Such permit shall be is- sued by such official only in accord- ance with the rules and regulations of the Minnesota Pollution Control Agency. 7..02 Conditions of Permit. If a permit is required by the terms of this section for open burning, such Village offi- cial may condition the granting of such permit in such a manner as he shall deem appropriate. A violation of any such condition shall be a viola- tion of this ordinance. 7.03 Pursuant to authority of Minnesota Statutes, Section 471.62, Air Pollution Controls and Regulations and Am- bient Air Quality Standards 1 through 15, inclusive, of the Minnesota Pollu- tion Control Agency are hereby adop- ted by reference. The Village Clerk shall mark and keep on file in his of- fice one copy of said regulations marked "Official Copy" for use and examination by the public, and shall furnish a copy of this ordinance and said regulations at cost to any person upon request. 7.04 Exceptions. Picnic bonfires and barbecue burners shall be permitted when used in a manner so as not to constitute a nuisance. A person of suitable age and discretion shall be in constant attendance until such bon- fire or barbecue burner is completely extinguished. The provisions of this ordinance shall not apply to fire- places within a completely enclosed building. SECTION 8. PUBLIC NUISANCE. Any accumulation of refuse or garbage on any premises not stored in containers complying with this ordinance, or any accumulation of refuse or garbage on any premises which has remained thereon for more than one (1) week is hereby de- clared -to be a public nuisance, and shall be abated by the order of the Village, pur- suant to the provisions of Minnesota Stat- utes, and the cost of any such abatement shall be assessed against the property where the nuisance is found to exist. SECTION 9. REPEAL. Ordinance No. 25, adopted April 1, 1968, and entitled "An Ordinance Regulating and Controlling the Ignition and Maintenance of Fires within the Village of Chanhassen" is hereby re- pealed. SECTION 10. PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not exceeding $300.00 or to im- prisonment for a period of not to exceed ninety (90) days. Such penalty may be imposed in addition to revocation or sus- pensidq of license and abatement of a nuisance hereunder. SECTIOII 11. EFFECTIVE DATE. This ordinance shall take effect from and after passage and publication. Passed by the Council this 14th day of August, 1.972. /s/ AL KLINGELHUTZ Mayor ATT18ST: /s/ ADOLPH TESSNESS Clerk -Administrator (Aug. 24, 1972) -Cary in capacity or a total weight of seven- ty-five (75) poundsin weight when COUNTY filled, shall have ragged sharp ARVER UN edges nor any defects liaa ble to de impede or injure the person collect- ing the contents thereof. Containers not complying with the requirements East 2nd Street Chaska r of this ordinance shall be promptly replaced upon notice by the Village. Whenever a container is in poor re- pair the collector shall tag the con- tainer with notice of defects and the requirement to repair or replace the container. A copy of such notice shall be given to the Village, and if, upon the next collection date, the contain - State of Minnesota er has not been repaired or replaced, SS. the collector shall so notify the Vil- County of Carver 3.09 Storage of Garbage and Refuse Containers. Garbage and refuse con- tainers shall be so located so as to be out of the public view except on the day of pickup. SECTION 4. LICENSING OF RE- FUSE AND GARBAGE COLLECTORS; J. R. RITCHAY, being duly sworn, on oath say; been the the ---------- CONTRACTS. 4.01 License Required. No person shall vice president and printer of new; (Official Publication) engage in the business of garbage or and has full knowledge of the facts herein stated VILLAGE OF CHANHASSEN refuse collection in the Village unless the English language in newspaper format and in c CARVER AND HENNEPIN COUNTIES, MINNESOTA he shall first secufe a license there - for from the Village. space to at least 900 square p ORDINANCE NO. 51 4.02 Number of Licenses; Duration. once each week. (3) Said newspaper has 50/0 of AN ORDINANCE PROVIDING FOR Licenses shall be issued by the Vil- interest to the community which it purports to ser AND REGULATING THE DISPOSAL OF REFUSE AND GARBAGE, LICENSING lage Council in such number as the Council may from time to time deter - publication and is not made u entirely of patent: p p REFUSE AND GARBAGE COLLEC- mine as not adversely affecting or newspaper is circulated in and near the municipal TORS, AND FOR THE ALLEVIATION OF AIR POLLUTION, AND REPEAL- interfering with any refuse or gar - bage collector or collectors under 500 copies regularly delivered to paying subscribers ING ORDINANCE NO. 25. contract with the Village as hereinaf- circulation currently paid or no more than three i THE VILLAGE COUNCIL OF CHAN- ter provided. Each refuse and gar ­ class matter in its local postoffice. (5) Said nes HASSEN ORDAINS: SECTION 1. DEFINITIONS. For the bage collector license shall be for one year from November 1 to October 31. Chaska, Chanhassen, Victoria, Carver and Colognf purpose of this ordinance the following 4.03 License Application. An applicant known office of issue in the Village of Chaska in words shall have the meaning herein set for such license shall make applica- r egular business hours for the gathering of news, : forth. When not inconsistent with the con- text, words used in the present tense in- tion to the Village Clerk. The applica- tion shall accurately state: (a) the tions and maintained by the managing officer or elude the future, words used in the plural name of the owner of the collection direction and control during all such regular busi number include the singular number, and service; (b) the proposed charges for such business hours to the business of the newsp Fords in the singular number include the plural number. The word "shall" is man- hauling; (c) a description of the kind of services to be rendered; (d) a de- files a copy of each issue immediately newspaperdatory. scription of each motor vehicle to be newspaper has complied with all the foregoing con 41.01 "Garbage" means putrescible used for hauling, including the li- day or dates of publication mentioned below. (,8) c animal, vegetable and organic wastes resulting from the handling, cense number thereof; (e) the man - ner and kind of service to be given of State of Minnesota prior to January 1, 1973 a preparation, cooking, service and the customers and schedule of pick - Secretary of State and signed by the vice presider consumption of food. 1.02 "Refuse" means non-putrescible ups; (f) the routes or area to be served; and (g) the place of disposal notary public stating that the newspaper is a legz solid wastes of all kinds, combustible of refuse and garbage collected. and non-combustible, resulting from 4.04 Liability Insurance. No such li- the operation of a household, includ- cense shall be issued until the appli- ing but not limited to metal cans, cant files with the Clerk a certificate paper, stoneware, glass, wood, grass of liability insurance issued by an clippings, leaves, foliage trimmings, insurance company licensed to do He further states on oath that the printed or any other discarded or unusable materials, appliances or furniture, in business in the State of Minnesota currently covering all vehicles to be hereto attached as a part hereof was cut from the i quantities small enough for one man used by the applicant in his business. to conveniently handle. The word The minimum limits of coverage for "refuse" shall not include construe- such insurance shall be: (a) each tion materials resulting from the person at least $100,000; (b) each construction or reconstruction of accident at least $300,000; (c) proper - buildings or other improvements by ty damage at least $25,000. Such in - and published therein in the English language, one contractors, nor trees in excess of six surance shall be kept in force during inches in diameter. the term of the license and shall pro - 1.93 "Refuse and garbage collector" vide for notification to the Village means any person holding a valid li- prior to termination or cancellation. cense from the Village for the pur- Any license issued hereunder shall' pose of collecting refuse and gar- automatically be revoked upon notice that it was first so published on Thur _ the- bage. of termination or cancellation of 1.04 "Residential dwelling" means any such insurance and shall remain re - single building consisting of two (2) voked until other insurance is provid- or less dwelling units with individual ed as required herein. kitchen facilities for each. 4.05 License Fee. The annual license 1.05 "Multiple dwelling" means any fee shall be $25.00 for the first vehicle and was thereafter printed and published on every building used for residential purpos- and $15.00 for each additional vehi- es consisting of more than two (2) cle, and $5.00 for auxiliary vehicles dwelling units with individual kitchen under 1 Y4 tons. facilities for each. 4.06 Bond. Before a license is granted 1.06 "Commercial establishments" the applicant shall furnish to the Vil- means any premises where a com- lage and deposit with the Village the day of 19 mercial, industrial or agricultural Clerk a corporate surety bond ap- of the lower case alphabet from A to Z, both inclu enterprise of any kind is carried on, and shall include clubs, churches and proved '►,y the Village in the sum of $1,000.00, said bond to be conditioned the size and kind of type used in the composition a schools. �___�on - the faithful performance by the abcdefghijklmnopq 1.07 �•IL.� 1pGL OiVL •• n,�a„5 Any acvice used for the destruction of refuse or licensee of all work entered into or contracted for by said licensee and abedefghilklmnopgr waste materials by fire. 1.08 Persons means any owner or conditioned upon the compliance with all of the provisions and require - occupant of a residential dwelling ments of this ordinance and all other unit, or the owner, manager or pro- applicable ordinances. prietor of a multiple dwelling or SECTION 5. DUTIES OF COLLEC- commercial establishment, whether TOR, an individual, partnership, associa- 11 5.01 Collection Vehicles. All persons tion or corporation. hauling or conveying refuse or gar - SECTION 2. DISPOSAL OF GARBAGE bage over the streets of the Village of Subscribed and sworn to before me this AND REFUSE. All persons shall dispose of refuse and garbage as provided in this Chanhassen shall use a vehicle pro - vided with a tight cover which shall ordinance. Refuse and garbage shall be be so operated and maintained as to disposed of at least once each week from prevent offensive odors escaping residential and multiple dwellings. Re- therefrom and garbage or refuse fuse and garbage of any commercial es- from being blown, dropped or spilled (Notarial Seal tablishment shall be disposed of at least from the vehicle. All such vehicles once each week, and at more frequent shall be kept clean and as free from intervals if deemed necessary to protect offensive odors as possible, and shall _ the public health, and on order of the Vil- not be allowed to stand on any street, lage. Refuse or garbage shall not be per- alley, or other place longer than is mitted to accumulate on any property reasonably necessary to collect re - Muriel L. Quist, Notary Public, Hennepin County, 1 within the Village so as to constitute a fuse and garbage. Any vehicle used My Commission Expires July 28th, 1978. nuisance by reason of appearance,%odor, sanitation, or so as to create a fire or for such purpose shall be kept in a clean and sanitary condition and health hazard. shall be thoroughly disinfected at SECTION 3. PREPARATION OF least once each week, unless the REFUSE AND GARBAGE FOR same has not been used since the last COLLECTION. • T1. --.L wn wLL n�....nn disinfection thereof. of the type of incinerator, and, ex- cept in renewal applications, a plan showing that the incinerator will comply with applicable rules and regulations of the Village and the Minnesota Pollution Control Agency. 6.03 Issuance of License. Incinerator licenses may be granted by the Vil- lage Clerk if it is ascertained the in- cinerator meets the requirements of the Minnesota Pollution Control Agency and the ordinances of the Vil- lage. The application may be re- ferred by the Village Clerk to the Vil- lage Council and the Village Council may grant or deny the application, and it shall be grounds for denial if it appears that the ordinances or regu- lations of the Village relating to health, safety, building or zoning are not being complied with on the preni- ises concerned. SECTION 7. OPEN BURNING PERMIT. 7.61 Permit RegpW. No person shall dispose of grass, weeds, trees, brush, combustible materials, natural ground cover, or any building or structure by open burning, or cause, allow, or permit open burning unless a permit therefor has been secured from the Village Fire Marshall or Fire Chief. Such permit shall be is- sued by such official only in accord- ance with the rules and regulations of the Minnesota Pollution Control Agency. 7..02 Conditions of Permit. If a permit is required by the terms of this section for open burning, such Village offi- cial may condition the granting of such permit in such a manner as he shall deem appropriate. A violation of any such condition shall be a viola- tion of this ordinance. 7.03 Pursuant to authority of Minnesota Statutes, Section 471.62, Air Pollution Controls and Regulations and Am- bient Air Quality Standards 1 through 15, inclusive, of the Minnesota Pollu- tion Control Agency are hereby adop- ted by reference. The Village Clerk shall mark and keep on file in his of- fice one copy of said regulations marked "Official Copy" for use and examination by the public, and shall furnish a copy of this ordinance and said regulations at cost to any person upon request. 7.04 Exceptions. Picnic bonfires and barbecue burners shall be permitted when used in a manner so as not to constitute a nuisance. A person of suitable age and discretion shall be in constant attendance until such bon- fire or barbecue burner is completely extinguished. The provisions of this ordinance shall not apply to fire- places within a completely enclosed building. SECTION 8. PUBLIC NUISANCE. Any accumulation of refuse or garbage on any premises not stored in containers complying with this ordinance, or any accumulation of refuse or garbage on any premises which has remained thereon for more than one (1) week is hereby de- clared -to be a public nuisance, and shall be abated by the order of the Village, pur- suant to the provisions of Minnesota Stat- utes, and the cost of any such abatement shall be assessed against the property where the nuisance is found to exist. SECTION 9. REPEAL. Ordinance No. 25, adopted April 1, 1968, and entitled "An Ordinance Regulating and Controlling the Ignition and Maintenance of Fires within the Village of Chanhassen" is hereby re- pealed. SECTION 10. PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not exceeding $300.00 or to im- prisonment for a period of not to exceed ninety (90) days. Such penalty may be imposed in addition to revocation or sus- pensidq of license and abatement of a nuisance hereunder. SECTIOII 11. EFFECTIVE DATE. This ordinance shall take effect from and after passage and publication. Passed by the Council this 14th day of August, 1.972. /s/ AL KLINGELHUTZ Mayor ATT18ST: /s/ ADOLPH TESSNESS Clerk -Administrator (Aug. 24, 1972) -Cary 3.01 Preparation. r.xCxPC as MIMI w1bu provided herein, all refuse and gar- bage accumulated on any property shall be drained of all liquids, shall be wrapped or bagged and placed in containers. No explosives or highly inflammable material shall be so prepared and placed in containers for collection. All explosive and highly inflammable materials shall be dis- posed of as directed by the Fire Mar- shal of the Village at the expense of the owner or possessor thereof. Grass clippings, leaves and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and shall be securely fastened to avoid spillage. Discarded Christmas trees, appli- ances and furniture need not be so packaged. 3.02 Placement for Collection. Refuse and garbage shall be deposited for pickup at one place on ground level on each property. Refuse and gar- bage shall not be deposited on or ad- jacent to the traveled roadway of any street or alley or ahead of the front building set back line, or in the yard next to the street abutting any corner. lot. 3.03 Contagious Disease Refuse. Conta- gious disease refuse, including but not limited to bedding, wearing ap- parel, or eating utensils, shall not be deposited for regular collection, but shall be disposed of as directed by the Village Health Officer at the ex- pense of the owner or possessor thereof. 3.04 Garbage Containers. Garbage con- tainers shall be made of metal or other suitable material, shall be wat- ertight, insect and rodent proof and fireproof, shall be of a material not easily, corrodible, shall be equipped with suitable handles and tightfit- ting covers, and shall be kept tightly covered when containing garbage. 3.05 Refuse Containers. Refuse contain- ers shall be of a kind suitable for collection purposes, and shall be of such size and weight as can be han- dled by one man, and shall be kept tightly covered when containing re- fuse. 3.06 Multiple Dwellings. Multiple dwell- ings having more than two (2) family units shall be equipped either with refuse and garbage containers and refuse and garbage pickup service as provided herein, or shaltbe equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency and licensed by the Village as provided- herein. Refuse and garbage containers provided as an alternative to or in addition to such incinerator shall be at least one (1) cubic yard in capacity, shall be conveniently locat- ed in relationship to the residence units for which they are provided, shall be watertight, insect and rodent proof, fireproof, with self-closing lids and shall be kept in an enclosure so as to be concealed from public view. Such refuse and garbage containers shall be located so their contents are inaccessible for at least three (3) feet above the base of the enclosure. The person owning or operating such multiple residence shall provide for pickup from such containers. Refuse or garbage shall not WFeremnclosure itted to accumulate at or near except in the container. 3.67 Commercial Establishments. The person owning or managing any commercial establishment, or anyy other property which produces a vol- ume of refuse or garbage which re- quires pickup more frequently than once each week shall also provide refuse and garbage containers as described in the foregoing subdivi- sion. The person owning or managing any premises used as an office, ware - 5.02 Return of Containers. After pickup containers and reusable refuse con- tainers shall be returned by the collector to the place where they are permitted to be stored under this or- dinance. 5.03 Hours of Collection. No person engaged in hauling refuse or garbage for hire from residential units from within the Village shall do so after 6:00 p.m. or before 6:00 a. m. of any day. There shall be no garbage or refuse pickup from residential dwell- ings on Sundays. 5.04 Inspection. Every vehicle em- ployed in collection service shall be subject to inspection by the Village at all reasonable times. Every such vehicle shall have the name of the licensee clearly printed on both sides, and the license issued by the Village shall be kept in the vehicle at all times while it is being used within the Village. 5.05 Vehicle Operation. All Village li- censed collection vehicles shall be operated in accordance with the fol- lowing regulations: (a) vehicles op- erated pursuant to the provisions of this ordinance shall be excepted from the seasonal weight restrictions placed upon Village roads except that 1) no such vehicle shall be operated during the seasonal restriction peri- od when the gross weight on any sin- gle axle on such vehicle exceeds 18,- 000 lbs.; and 2) no vehicle shall be operated on any road where special postings specifically prohibit refuse collection vehicles; (b) during those periods of time when weight restric- tions are imposed each collector shall make provisions for refuse and garbage collection service in con- formance with such restrictions so that collection service is not inter- rupted. 5.06 No Vested Right. No collector li- censed pursuant to this ordinance shall acquire a vested right in said license. The Village, upon a finding that the public necessity requires, may determine to establish other means of refuse collection. 5.07 Disposal of Garbage and Refuse. No person shall dispose of refuse upon any property within the Village except at an approved sanitary land- fill site or disposal depot. An ap- proved sanitary landfill site or dis- posal depot is a site for the disposal of refuse or garbage which site has been approved by the Village, and which is licesed and operated in accordance with the rules and regu- lations of the Minnesota Pollution Control Agency. 5.08 Obligation of Licensed Collectors. A licensed garbage and refuse collec- tor shall pick up all garbage and re- fuse of his customers which has been deposited for collection in the man- ner provided in this ordinance. 5.09 Private Disposal. Nothing in this ordinance shall be so construed as to prohibit the owner or occupant from disposing of garbage or refuse by de- livering same to an approved landfill site or disposal deppoot. SECTION 6. INClNFIATORS. 6.01 Compliance Requirements. No person shall operate an incinerator within the Village for the burning of garbage or refuse unless such incin- erator complies with the require- ments of the Minnesota Pollution Control Agency. No incinerator, ex- cept an incinerator for a 'residential dwelling, shall be operated within the Village unless the operation of such incinerator has been licensed by the Village as provided in this section. 6.02 License Application. Application for a license shall,be made to the Vil- lage Clerk. The application shall state the name and address of the owner of the property on which the incinerator is located, a descriptioil