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Home My WebLink About116-18 Garbage Property Maintenace PR1O U �N 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIWR LA ORIOI AANCE NO. 116-18 AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE AND REFUSE, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. Subsection 601.100 of the Prior Lake City Code is amended by inserting the following definition and placing all of the definitions in alphabetical order: Composting: The controlled microbial degradation of source separated composting materials to yield a humus-like product or mulch to be used as a soil amendment. 2. Subsection 601.504 of the Prior Lake City Code is deleted in its entirety. 3. Subsection 601.600 of the Prior Lake City Code is deleted in its entirety and replaced with the following: 601.600: Disposal Of Garbage And Refuse: No person shall dispose of garbage or refuse upon any property in the City except at an approved landfill site. An approved landfill site is a site for disposal of garbage and refuse approved and licensed by Scott County and operated in accordance with the rules and regulations of the Minnesota Pollution Control Agency. This subsection does not limit the disposal of garbage or refuse to sites in the County of Scott. 601.601 All properties within the City shall have compulsory garbage and refuse pickup. 601.602 Agricultural Rural Area Exceptions: Properties in rural or agricultural zoning districts which are five (5) acres or more are not required to have compulsory garbage and refuse pickup. 4. Subsection 601.900 of the Prior Lake City Code is deleted in its entirety. 5. Subsections 601.700 and 601.600 of the Prior Lake City Code are renumbered as 601.600 and 601.900 respectively and a new Subsection 601.700 is inserted to read as follows: 601.700 COMPOSTING: It is prohibited for any person to engage in Composting in a public, commercial, office or industrial zoning district without prior written permission from the City. It is prohibited for any person to engage in Composting in a residential or agricultural zoning district except when in compliance with all of the following: 601.701 Composting shall occur only within a fully enclosed container, which is no more than 120 gallons in size. The container shall be located and designed so that no seepage occurs. Composting containers shall be located at least five (5) feet from any rear or side property line; at least twenty (20) feet from any residential dwelling other than the dwelling on the property on which the container is located, and at least twenty (20) feet from any body of water or area designated as 100-year flood plain or state protected wetland. 601.702 PROHIBITED MATERIALS: The following materials shall not be used for Composting: uncooked meat, fats, oils, grease, bones, whole eggs, milk or other liquid dairy products, human or pet wastes, pesticides, herbicides, noxious weeds or any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions. 601.703 Composting shall not occur in a manner that creates an odor or other public nuisance or in a manner that creates a fire or health hazard. 6. Subsection 601.1000 of the Prior Lake City Code is deleted in its entirety and replaced with the following: 601.1000.- Enforcement And Enforcement Penalties: In enforcing the provisions of this Section, the persons identified in City Code Subsection 104.400 shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, City may abate any violation of this Section as a public nuisance. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. Each day a violation is permitted to exist shall constitute a separate offense. 7. Penalty. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of September, 2016. ATTEST: AL 71pa Fr nk yle ity Manager Mike McGuire, Acting Mayor This Ordinance was published in the Prior Lake American on the 17th day of September, 2016. CITY OF PRIOR LAKE ORDINANCE NO.116-18 AN ORDINANCE AMENDING SECTION 601OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE AND REFUSE,'AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA,ORDAINSAffidavit of Publication ' 1. Subsection 601.100 Southwest Newspapers of the Prior Lake City Code is amended by inserting the following definition and placing all of the'definitions in alphabetical order: . State of Minnesota) Composting: Te controlled microbial degradation of source )SS. separated composting materials to yield a humus-like product County of Scott ) or mulch to be used as a soil amendment.' 2. Subsection 601.504 of the Prior Lake City Code is Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized deleted in its entirety. agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- 3. Subsection 601.600 dent Prior Lake American and Sava e Pacer and has full knowledge of the facts herein stated as of the Prior Lake City Code', is deleted in its entirety and' follows: g g replaced with the following: 601.600: Disposal Of (A)These newspapers have complied with the requirements constituting qualification as a legal Garbage And Refuse: No person newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as shall dispose of garbage or refuse amended. upon any property in the City r except at approved landfill (B)The printed public notice that is attached to this Affidavit and identified as No. gq site. An approved landfill sited was p newspaper published on the date or dates and in the news a er stated in the attached Notice a site for disposal of garbage and and said refuse approved and licensed by Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Scott County and operated in the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both accordance with the rules and inclusive,and is hereby acknowledged as being the kind and size of type used in the composition regulations of the Minnesota and publication of the Notice: Pollution Control Agency. This subsection does not limit the abcdefghijklmnopgrstuvwxyz disposal of;garbage or refuse to sites in the County of Scott. ` 601.601 A 1 1 properties within the City shall Bg have compulsory garbage and refuse pickup. Laurie A.Hartmann 601.602 Agricultural Rural Area Exceptions:Properties in rural or agricultural zoning Subscribed and sworn before me on districts`which'are five(5)acres or more are not required to have compulsory garbage and refuse pickup. 4h 4. Subsection 601.900 this day of ;re ��"�� ,2016 of the Prior'Lake City Code is deleted in its entirety i ,t, r 5. Subsections 601.700 and E J 41 I� E K t' �' 601.800 of the Prior Lake City, (�C�Y� �;g .�q.�y �3CJ� Code are renumbered as 601.800' , - til'com Ojf311i8 and 601.900 respectively and a new - aE.:` { Subsection 601.700 is inserted to No a Pu lic read as follows: 601.700 COMPOSTING: It is prohibited'for any person to engage in Composting in a public, commercial, office or industrial zoning_district without - prior written permission from RATE INFORMATION the°City.`It is prohibited for any person to engage in Composting Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch in a residential or agricultural Maximum rate allowed by law for the above matter.................................$31.20 per column inch zoning district except when Rate actually charged for the above matter.......................... $12.59 per column inch in`compliance with all of the following: 601.701 Composting shall occur only within a fully enclosed container, which is no more than 120 gallons in size. The container'shall be located and designed so that no seepage occurs. Composting containers shall be located at least five(5)feet from any rear or side property line; at least twenty (20) feet from any residential dwelling other than the dwelling on the property on which the container is located;and at least twenty(20) feet from any body of water or area designated as 100-year flood plain or state protected wetland. PROHIBITED MATERIALS:The following materials shall not be used for Composting:uncooked meat, fats, oils, grease, bones, Whole eggs,milk or other liquid dairy products, human or pet wastes, pesticides,herbicides, . noxious weeds or any other mixed municipal solid waste that may; cause a public health risk'or create nuisance conditions. 601.703Composting' shall not occur in a manner that creates an odor or other public, nuisance or in a manner that creates a fire or health hazard. 6. Subsection 601.1000 of the Prior Lake City Code is deleted in its entirety and replaced with the following: 601.1000: Enforcement And Enforcement Penalties:Irl enforcing the provisions of this Section,the persons identified in City Code Subsection 104.400 shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition,City may abate any violation of this Section as a' public nuisance. In addition,any violation of this Section may be enjoined by', the City Council through proper' legal channels. Any person,, firm,'partnership or corporation who violates this Section shall be guilty of a misdemeanor and* punishable'in accordance with the penalties established by Minnesota Statute,Each day a violation is permitted to exist shall constitute a separate offense. 7 Penalty. City Code Section 103 entitled"Definitions"; and Section 104 entitled"General Penalty" are hereby adopted in their entirety, by;reference, as though repeated verbatim herein: This ordinance shall'ibecome 1 effective from and after its) passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of September,2016. ATTEST: Frank Boyles,City Manager Mike McGuire,Acting Mayor . (Published in, the Priori Lake American on Saturday, September 17,2016;No.7789)