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HomeMy WebLinkAbout119-05 - Garbage Hauler AmendmentPRIp\ U \jNxeso�� 4646 Dakota Street SE Prior Lake. MN 55372 CITY OF PRIOR LAKE ORDINANCE NO, 119-05 AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE HAULERS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. City Code Section 601 is amended by deleting subsection 601.300 in its entirety and replacing it with the following: 601.300: GARBAGE AND REFUSE COLLECTORS: 601.301 Licenses Required: Any individual, corporation, partnership or other form of business entity that desires to engage in the business of waste management or refuse hauling is required to first make application to the City Clerk for a license which application shall be on a form provided by the City and shall include but not be limited to the following information: • License Fee as set forth in the City Fee Schedule • The name of the owner and licensee • A description of each motor vehicle to be used for hauling, including the license number thereof • The manner and kind of services to be provided to customers and the cost of pick-ups • Certificate of insurance Any falsification of, or missing information on the license application shall result in the denial of said license. If any falsification is discovered after the license is issued, the license shall be null and void. 601.302 Background Check: In order to protect the health, safety and welfare of the public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver's license check on all persons who have applied for, or who will sell, hawk, vend, peddle or solicit under a license issued herein and who have not held a valid garbage and refuse collectors license with the City in the prior year. The results of the criminal history background investigation and/or driver's license check may be cause for denial of the license at the sole discretion of the City. (Amd. Ord. 111-01, publ. 1/1/2011) 601.303 Persons Ineligible For License: No garbage and refuse collectors license shall be issued to an applicant who: (a) Is under eighteen (18) years of age; (b) has had his or her driving privileges suspended, revoked, or canceled within one (1) year of the date of application; provided, however, the City may issue a license to a person who had his or her driving privileges suspended within one (1) year of the date of application if the suspension was based on nonpayment of a fine and the applicant has a currently valid driver's license; (c)The City finds the person is a habitually reckless or negligent driver or an habitual violator of the traffic laws; or (d) Provides faIse or misleading information on their license application. 601.304 Duration and Renewal of License: (1) All licenses issued pursuant to this Section are issued for one (1) year beginning on January 1 and expiring on December 31. License fees shall not be pro -rated. (2) Not less than thirty (30) days prior to the expiration of the license, the licensee shall submit a renewal application to the City Clerk. A renewal application shall be made in the same manner as provided for the original application. (3) Licenses are not transferable. 601.305 Insurance Requirements : No license shall be issued until the applicant provides the City with a current policy of insurance covering all vehicles to be used by the applicant in its business. The minimum limits of coverage for such insurance is a combined style limit for bodily injury and property damage of $500,000. 601.306 Hours Of Operation: No person engaged in hauling refuse or garbage for hire shall do so after seven o'clock (7:00) P.M. or before seven o'clock (7:00) A.M. of any day. There shall be no garbage or refuse pickup on Sundays except in commercial zones between nine o'clock (9:00) A.M. and noon (12:00) P.M. or in other zoning districts without prior written consent of the City Manager following the conclusion of special City-wide events. 601.307 Vehicles For Hauling Garbage And Refuse: All persons hauling or conveying garbage or refuse over the streets of the City shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street alley or other place longer than is reasonably necessary to collect garbage and refuse. Any vehicle customarily used for such purposes 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 used since the last disinfection. Each vehicle for which a license is applied for or which is licensed shall be subject to inspection by the City at all reasonable times. Any such vehicle, while it is used by the licensee in the City, shall have the name of the licensee clearly printed on both sides and the license for the vehicle shall be kept in the vehicle at all time while it is being so used. 601.308 Revocation or Suspension Of License: Said license for garbage collection, when issued, may be revoked or suspended by the City Council without notice in the case of the conviction in a court of competent jurisdiction of the licensee on a complaint alleging the violation of this Section or alleging the violation of the provisions of the Page 2 of 3 City Code or the laws of the State of Minnesota regarding public health. Further, said license may be revoked or suspended at any time by the City Council, upon a hearing; provided, that the licensee shall be given at least five (5) days' written notice of such hearing and shall have an opportunity to appear in person or by agent or attorney and present evidence relative to the matter under consideration. 601.309 No Vested Right: No person licensed pursuant to this Section shall gain a vested right in said license. The City may, upon finding that public necessity requires, determine to establish another means of refuse collection. 601.310 Obligation Of Licensed Collectors: A licensed garbage and refuse collector shall pick up any garbage and refuse of his customers which has been deposited for collection, in the manner provided by this Section. (Amd. Ord. 107-13, publ 07/21/2007) Section 2. City Code Section 104 entitled "General Penalty" is adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 6t" day of May 2019. ATTEST: Michael Plante, City Manager Annette Thompson, Acting Mayor Published in the Prior Lake American on the 11 ch day of May 2019. Page 3 of 3 CITY OF PRIOR LAKE ORDINANCE NO. 119-05 AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE HAULERS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section City Code Section 601 is amended by deleting subsection 601.300 in its entirety and replacing it with the following: 6016300: Garbage And Refuse Collectors: 601,301 Licenses Required: Any individual, corporation, partnership or other form of business entity that desires to engage in the business of waste, management or refuse hauling is required to first make application to the City Clerk for a license which application shall be on a form provided by the City and shall include but not be limited to the following information: *License Fee as set forth in the City Fee Schedule *The name of the owner and licensee *A description of each motor vehicle to be used for hauling, including the license number thereof *The manner and kind of services to be provided to customers and the cost of pick- ups *Certificate of insurance Any falsification of, or missing information on the license application shall result 'in the denial of said license. If any falsification is discovered after the license is issued, the license shall be null and void. 601,302 Background Check: hi order to protect the health, safety and welfare of the public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver's license check on all persons who have applied for, or who will sell, hawk, vend, peddle or solicit under a license issued herein and who have not held a valid garbage and refuse collectors license with the City in the prior year. The results of the criminal history background investigation and/or driver's license check may be cause for denial of the license at the sole discretion of the City. (Amd. Ord. 111-01, publ. 1/l/2011) 601.303 Persons Ineligible For License: No garbage and refuse collectors license shall be issued to an applicant who: (a) Is under eighteen (18) years of age; (b) has had his or her driving privileges suspended, revoked, or canceled within one (1) year of the date of application; provided, however, the City may issue a license to a person who had his or her driving privileges suspended within one (1) year of the date of application if the suspension was based on nonpayment of a fine and the applicant has a currently valid driver's license; (c)The City finds the person is a habitually reckless or negligent driver or an habitual violator of the traffic law��s��; or Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) LaurieA. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have 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. f (B) The printed public notice that is attached to this Affidavit and identified as No. ' /h L/ 7 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: abcdefghijklmnopgrstuvwxyz( CBy4 Y l�l� Laurie A. Hartmann Subscribed and sworn before me on this !� day of / / / 2019 ��.; JYMME JEANNET(E BARK NOTARY IV IC MINNESOTA MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter. &0&0000000 $31.20 per column inch Rate actually charged for the above matter .............................................. $13.v4 per column inch application. Each vehicle for which a 601.304 Duration and Renewal license is applied for or which of License: is licensed shall be subject to (1) All licenses issued inspection by the City at all pursuant to this Section are reasonable times. Any such issued for one (1) year beginning vehicle, while it is used by the on January 1 and expiring on licensee in the City, shall have December 31, License fees shall the name of the licensee clearly not be pro -rated. printed on both sides and the (2) Not less than thirty (30) license for the vehicle shall be days prior to the expiration of kept in the vehicle at all time the license, the licensee shall while it is being so used. submit a renewal application 601.308 Revocation or to the City Clerk. A renewal Suspension Of License: Said application shall be made in the license for garbage collection, same manner as provided for the when issued, may be revoked originalapplication, or suspended by the City (3) Licenses are not Council without notice in the transferable, case of the conviction in a court 6 0 1.305 Insurance of competent jurisdiction of Requirements : No license shall the licensee on a complaint be issued until the applicant alleging the violation of this provides the City with a current Section or alleging the violation policy of insurance covering of the provisions of the City all vehicles to be used by the Code or the laws of the State applicant in its business. The of Minnesota regarding public minimum limits of coverage for health. Further, said license may such insurance is a combined be revoked or suspended at any style limit for bodily injury and time by the City Council, upon property damage of $500,000. a hearing; provided, that the 601.306 Hours Of Operation: licensee shall be given at least No person engaged in hauling five (5) days' written notice of refuse or garbage for hire shall such hearing and shall have an do so after seven o'clock (7:00) opportunity to appear in person P.M. or before seven o'clock (7:00) or by agent or attorney and A.M. of any day. There shall be present evidence relative to the no garbage or refuse pickup on matter under consideration. Sundays except in commercial 601.309 No Vested Right: zones between nine o'clock (9:00) No person licensed pursuant to A.M, and noon (12:00) P.M. or in this Section shall gain a vested other zoning districts without right in said license. The City prior written consent of the City may, upon finding that public Manager following the conclusion necessity requires, determine to oI special City-wide events. establish another means of refuse 601.307 Vehicles For collection. Hauling Garbage And Refuse: 6016310 Obligation All persons hauling or conveying Of Licensed Collectors: Alicensed garbage or refuse over the streets garbage and refuse collector shall of the City shall use a vehicle pick up any garbage and refuse provided with a tight cover and of his customers which has been so operated and maintained as to deposited for collection, in the prevent offensive odors escaping manner provided by this Section, therefrom and garbage or refuse (Amd. Ord. 107-13, publ from being blown, dropped or 07/21/2007) spilled from the vehicle. Any Section2. City Code such vehicles shall be kept clean Section 104 entitled "General and as free from offensive odors Penalty" is adopted in its entirety, as possible, and if customarily by reference, as though repeated used for the hauling of garbage verbatim herein, or refuse, shall not be allowed to Section 3. T h i s stand in any street alley or other ordinance shall become effective place longer than is reasonably upon its passage and publication. necessary to collect garbage and Passed by the City Council of refuse. Any vehicle customarily the City of Prior Lake this 61h day used for such purposes shall of May 2019, be kept in a clean and sanitary ATTEST: condition and shall be thoroughly Michael Plante disinfected at least once each City Manager week unless the same has not been Annette Thompson used since the last disinfection. Acting Mayor (Published in the Prior Lake American on Saturday, May 11, 2019: No. 7434)