Section 244 Refuse, Recycling and Yard Waste Collection and Disposal

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1 Section 244 Refuse, Recycling and Yard Waste Collection and Disposal Section 244:01. Purpose. This ordinance establishes rules and regulations for the collection and disposal of refuse, recycling and yard waste for the City of St. Cloud. Section 244:02. Definitions. Unless the context specifically indicates otherwise, the following terms as used in this ordinance shall have the meanings designated. Subd. 1. Ashes mean cinders and solid products resulting from complete combustion of wood, coal or other materials; provided they are not mixed with any other solid wastes. Subd. 2. Contaminated means not in its pure state, tainted, putrefied, or polluted. Subd. 3. Dumpster means a metal container used for the disposal of refuse, which container has a minimum capacity of 200 gallons. Subd. 4. Dwelling means a structure, or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family, townhouse and multi-family dwellings, but not including hotels, motels, dormitories or lodging houses. Subd. 5. Detached dwelling means a dwelling entirely surrounded by open space, with the open space located on the same zoning lot as the dwelling. Subd. 6. Multi-Family dwelling means a dwelling containing three or less dwelling units, designed so that each dwelling unit is connected to a common corridor or entranceway, originally constructed for said purposes. Multi-family dwelling does not include converted dwellings or townhouses. Subd 7. Single family detached dwelling means a detached dwelling containing accommodations for, and occupied by one family. Subd. 8. Townhouse dwelling means an independent dwelling unit which is attached on one or both sides to another independent dwelling units(s) or attached garage, and where more than one principal structure can be located on the same zoning lot with common open space for all independent dwelling units on the zoning lot. Each townhouse must have a separate entrance. Subd. 19. A Municipal Collection Service means the refuse, recycling and yard waste collection service provided by the City of St. Cloud. Subd. 20. Premise means land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this ordinance and having its principal frontage upon a street or officially approved place. Subd. 21. Recycling means the process of collecting materials from the waste stream and separating them by type, remaking them into new products, and marketing and reusing the materials as new products.

2 Subd. 22. Refuse means all putrescible and non-putrescible solid wastes (except body waste) (baby diapers permitted), including garbage, rubbish, ashes, street cleanings, dead animals, and market and industrial solid wastes. Subd. 23. Rubbish means non-putrescible solid wastes consisting of both combustible and noncombustible wastes (excluding recyclables) such as paper, cardboard, tin cans, wood, glass, bedding, crockery and other similar materials. Subd. 24. Sleeping room means a room in a structure rented for sleeping with access to a bathroom, with or without access to a kitchen, but not including motels and hotels open to travelers. Subd. 25. Source separation means the separation of recyclable materials and yard waste from mixed municipal solid waste at the source of generation. Subd. 26. Yard waste includes grass clippings, leaves, pine cones, pine needles, pumpkins, acorns, apples, sod, dirt, bark, hay, straw and tomatoes. Subd. 27. Tree waste includes branches, sticks, tree stumps, firewood, Christmas trees, shrubs or bushes, cornstalks and woody or vine-type plants or garden vegetation. Subd. 28. Compost is decomposed organic material resulting from the composting process. Subd. 29. Recyclable means material that still has useful physical or chemical properties after serving its original purpose and can, therefore, be reused or remanufactured into additional products. Subd. 30. Owner means any person having a freehold interest or contract interest in property. Subd. 31. Garbage means all discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Subd. 32. Alley means the public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Subd. 33. Street means a public right-of-way affording primary access for pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however designated. Subd. 34. City means the City of St. Cloud, Minnesota. Subd. 35. Dwelling unit means one or more rooms in a dwelling designed for occupancy by one family for living purposes, and having its own permanently installed kitchen and bathroom facilities. Subd. 36. Commercial hauler means any person licensed by the City who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, recyclables and/or yard waste.

3 Subd. 37. Mixed municipal solid waste means garbage, rubbish, refuse and other solid waste from residential activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil and other materials collected, processed and disposed of as separate waste streams. Subd. 38. Lodging house means a structure where only sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for five (5) or more persons distinguished from dwelling units and motels, hotels open to transients. Bathrooms and bedrooms may have locks on the doors. Subd. 39. Scavenging means the unauthorized collection of refuse materials including recyclable materials that have been set out by residents of the City specifically for the municipal collection service. Subd. 40. Dwelling, Above the Ground Floor means dwelling units within multi-story buildings located above non-residential uses on the ground floor. Subd. 41. Dwelling, Two Family means one (1) principal structure containing two (2) dwelling units on a zoning lot. Subd. 42. Hazardous Waste means waste chemicals and compounds which are considered hazardous substances under state law. Subd. 43. SCSU District means the area surrounding the St. Cloud State University s campus between T.H. 23 and 16th Street South and between the Mississippi River and 9th Avenue South/Clearwater Road. Section 244:10. Municipal Collection Service. The municipal collection services of the City of St. Cloud shall provide regular collection and disposal of refuse, recycling and yard waste within the City from the following dwellings: Subd. 1. Single family detached dwellings. Subd. 2. Townhouse dwellings. Subd. 3. Above the ground floor dwelling. Subd. 4. Two family dwellings. Subd. 5. Multifamily dwellings. Subd. 6. Lodging houses. The municipal collection service shall be supervised by the Sanitation Manager and shall be operated according to the methods, schedules, and rates as set forth in Section 244:00 and Section 570:00 of this Code.

4 The owner or occupant of every dwelling shall dispose of refuse, recycling and yard waste by the municipal collection service and shall comply with the following conditions: Section 244:15. Refuse Service. Refuse service consist of the collection and disposal from each dwelling, of refuse from 90-gallon carts or City refuse bags, once each week. Refuse service shall require the use of City refuse bags unless a single 90-gallon cart is requested by the owner of a dwelling. Requests must be made to the Public Works Department on a form provided by the City. All non-homesteaded rental properties eligible for municipal refuse service shall utilize the 90 gallon refuse cart unless private disposal by a commercial hauler is specifically authorized by the Sanitation Manager pursuant to Section 244:40, Subd. 4. The Health Director or the Sanitation Manager may require additional 90 gallon carts for those properties that demonstrate a need for additional refuse service. The Public Services Director shall review applications for exemptions from this Section and may allow for refuse bag service taking into consideration the history of ordinance code violations, maximum occupancy, and the overall condition of the property. The Public Services Director also has the ability to revoke the exemption at any time and require refuse cart service. Subd. 1. Size and Type of Containers. Each dwelling shall use a cart or City refuse bags for refuse storage collected as part of the City's refuse service. The content weight of any cart shall not exceed 138 pounds and the content weight of any City refuse bag shall not exceed 25 pounds, the total volume of any cart shall not exceed 90 gallons. Refuse that has been compacted by a household compactor may be placed in a cart or City refuse bags. Only one bundle of compacted refuse not exceeding 25 pounds may be placed in each City refuse bag. A maximum of three bundles of compacted refuse not exceeding 138 pounds may be placed in the cart. Subd. 2. Provision and Maintenance of Refuse Carts. Refuse carts will be supplied by the City. Carts will remain the property of the City and will be returned to the City upon termination of refuse cart service. The City logo will be stamped on the sides of the refuse cart, and a serial number assigned by the City will be visible on the rear of the cart. The first cart delivered to a dwelling unit will be provided by the City without charge. The cost of a replacement cart will be charged to the owner or occupant of the dwelling unit. The city will assume responsibility for maintenance of lids, wheels and axles; however, the owner or occupant of the dwelling unit must notify the City to initiate maintenance. Subd. 3. Contents Secured. All refuse will be placed in fully enclosed containers so as to prevent animals from preying on and scattering the refuse and so as to prevent seepage out of the container. Containers for household refuse only will be enclosed or tied to the extent necessary to prevent scattering of the contents by wind and to allow the containers to be picked up without special handling. Subd. 4. Limitations on Materials. The refuse to be picked up as part of the refuse service will consist only of those materials resulting from a normally operating residential unit, and will not contain hazardous wastes, wasted construction materials, large furniture or appliances, rocks, dirt, sod, trees, acids, explosives, hot ashes or other potentially dangerous or corrosive materials. Subd. 5. Placement for Collection. The Sanitation Manager will designate the collection point for refuse service. The containers, refuse bags and carts shall be placed as near to the designated alley or

5 street as is reasonably possible so that they are easily accessible for, City crews no later than 6:00 a.m. on the scheduled days of collection and no earlier than 6:00 pm the preceding day of collection. The front side of each refuse cart must face the street or alley on collection day. Carts will not be dumped on collection day if not properly set for collection. After the collection, any reusable containers shall be removed from the street or alley by 7:00 pm on collection day. Subd. 6. Removal of Snow. Each dwelling shall be responsible for clearing snow and ice from around the base of the refuse cart of approximately 1 foot to allow City crews access to the cart. Any cart that does not have the snow and ice removed as required will not be emptied. Refuse carts cannot be placed on top of a snow bank for collection. Section 244:20. Yard Waste Service. Yard waste service will consist of the collection and disposal of approved yard waste contained in any number of City yard waste bags from each dwelling unit. Yard waste collection will occur, April to November, weather permitting. The Sanitation Manager will designate the point of collection and the schedule for yard waste service. Section 244:22. City Compost Site. The City may seasonally operate a compost site for use by residents to self-haul and dispose of yard waste. The following rules and regulations shall apply to this service when available: Subd. 1. City Compost Site service will be operated seasonally and weather permitting according to the schedule, hours of operation, and procedures established by the Sanitation Manager. Subd. 2. Permit Required: (a) An annual compost permit shall be required for use of the compost site. Permits may be purchased from the Cashier at City Hall. Permits will not be available at the compost site. (b) Permits are not transferrable. If a permit is lost, stolen or destroyed, a replacement permit may be purchased. (c) Applicants will be required to provide their name and address, license plate number of the vehicle to be used to transport the yard waste, and other vehicle identification information. In addition, applicants for non-resident permits (as set forth below) shall be required to provide their property tax parcel number. (d) A separate permit shall be required for each user parcel/address and for each vehicle to be used to haul waste to the compost site. Permit holders that purchase permits for vehicles other than their own household vehicles, or haul waste from other than their own parcel, will forfeit their permit(s) for the year and all monies paid. (e) The compost permit must be displayed on the bottom of the windshield on the passenger side of the transport vehicle. Entrance to the compost site will not be permitted without a valid permit. Subd. 3. Types of Permits: Operation of the City compost site is subsidized by City Sanitation Division revenue which is funded solely by user fees and by City property tax. For this reason there shall be three rate classes, as follows, for compost site permits: (a) R1 permit Available to City residents/parcels that are currently customers of the City Sanitation Division.

6 (b) R2 permit Available to City residents/parcels that are not customers of the City Sanitation Division. (c) NR Permit Available to residents of neighboring cities. The annual fee for each class of permit is set forth in Section 570:00 of this Code. Subd. 4. Commercial haulers and lawn service companies are not eligible to use the City compost site. Subd. 5. Waste Transport: (a) All loads entering the site must be covered to prevent the loss of waste during the transport process. (b) After unloading, all pickup boxes, trailers, etc. must be swept clean before exiting the compost site. Subd. 6. Customers must register with the attendant before entering the compost site. To monitor compost site usage, the site attendant may record the license plate number and/or may photograph the transport vehicle and load upon entry to the compost site. Subd. 7. Acceptable Waste: (a) Only clean yard waste, brush and tree waste will be accepted. (b) Acceptable yard waste includes leaves, grass clippings, pine cones, pumpkins, acorns, apples, dirt, bark, hay, straw, tomatoes and sod. (c) Acceptable brush and tree waste includes garden vegetation, shrubs, tree branches, cornstalks, whole logs and firewood. The City reserves the right to limit the quantity or disallow the disposal of brush and tree waste without prior notice. Subd. 8. Unacceptable Waste: (a) Unacceptable yard waste includes stumps, yard waste mixed with rocks, metal, concrete, Styrofoam, animal feces, food scraps, and other debris, construction wood, dimensional lumber, wood pallets and any other material that the site attendant rejects will not be accepted. Subd. 9. Self-Disposal: (a) Compost site users must empty/dump their own bags and containers at the locations designated by the site attendant and as indicated by signs, and must take all bags and containers with them. Plastic bags may not be left at the compost site as they contaminate the compost. (b) Brush and tree waste must be separated from the yard waste and be deposited at separate locations as indicated by the site attendant and signs. Subd. 10. Composted Soil: (a) When available, up to 90 gallons of composted soil may be taken from the compost site per week by compost site users/permit holders. Users must provide their own shovels and containers and must self-load and haul the compost. (b) The City reserves the right to further restrict the quantity or disallow the hauling of composted soil from the compost site at any time without prior notice.

7 Subd. 11. The Park Director shall establish specific procedures to allow for the disposal of diseased trees to control the spread of disease. Section 244:25. Special Pickups. Special pickups will be collected only upon request in accordance with the following regulations stated in the subsequent subdivisions: 1. Yard waste: Collection will be made only by request. 2. Household: Collection will be made only by request. Subd. 1. Rubbish Only. Material to be collected must consist of household refuse only. Household refuse cannot be mixed or contain yard waste, acids, explosives, hot ashes, other potentially dangerous or corrosive materials, or any hazardous wastes. Subd. 2. Type of Containers. All loose materials for household refuse collection will be contained in trash bags, heavy cardboard boxes or in wooden, plastic or metal containers. Trash bags and cardboard boxes will be taken with the household refuse collection. Material contained in refuse carts will not be picked up during special collection. Subd. 3. Size of Containers. The total weight of each container and its contents will not exceed 75 pounds and the contents will not weigh more than 46 pounds. The total volume of any trash bag, cardboard box or other container will not exceed 30 gallons. Subd. 4. Tree Branches. Tree branches, not exceeding 4 inches in diameter, will be accepted without being contained if they are securely bundled and tied. Tied bundles will not exceed 4 feet in length, nor more than 12 inches in diameter. Subd. 5. Requests for Service. Special pickup requests will be made to the Department of Public Works no later than two days prior to collection day. Subd. 6. Placement for Collection. All special pickups to be collected must be placed in the same location where refuse is normally collected. Section 244:30. Recycling Service. Recycling service provided by the City will consist of the collection and disposal of recyclable materials contained in a single 95-gallon cart from each dwelling. Recycling will be picked up every other week. Subd. 1. Purpose. The purpose of this section is to provide for the mandatory separation of recyclable items from refuse within the City of St. Cloud. Subd. 2. Separation Required for the Municipal Collection Service. All refuse set out for disposal by the owner or occupant of every dwelling unit, including multi-family dwellings, will be set out for disposal so that the following materials are separated from the refuse for recycling except if employed in the disposal of other refuse or if the material has been contaminated. (a) Newsprint and inserts, magazines, telephone books, catalogs and shredded paper in paper bags. (b) Rinsed glass bottles and jars, no broken glass.

8 (c) Aluminum cans. (d) Rinsed bi-metal (tin) cans. (e) Rinsed plastic containers with a recycling symbol of #1 through #6; (f) Corrugated cardboard cut into 18 x 18 pieces or smaller. (g) Junk mail, including paper, envelopes, greeting cards, and computer printouts. Unacceptable materials include gift wrapping paper, paper towels, construction paper, carbon paper, brown craft envelopes, blueprints and books. (h) Boxboard (also called fiberboard) including such items as beverage boxes, cereal boxes, and egg cartons. Unacceptable items include styrofoam, waxed cardboard and cardboard contaminated with grease or other food products. The Sanitation Manager may establish other rules as reasonably necessary for the separation of recycling materials from refuse and the preparation and suitability of recyclable materials for collection. Subd. 3. Size and Type of Containers. Each dwelling unit shall utilize a cart for the collection of recycling to be collected as part of the City's recycling service. The content weight of any cart shall not exceed 200 pounds. In addition, the total volume of any cart shall not exceed 95 gallons. The Health Director or the Sanitation Manager may require additional recycling carts for those dwellings that demonstrate a need for additional services. Subd. 4. Provision and Maintenance of Recycling Carts. Recycling carts shall be supplied by the City. Carts remain the property of the City and shall be returned to the City upon termination of recycling service. The City logo shall be stamped on the sides of the recycling cart, and a serial number assigned by the City shall be visible on the rear of the cart. The first cart delivered to a dwelling shall be provided by the City without charge. The cost of a replacement cart shall be charged to the owner or occupant of the dwelling. The City shall assume responsibility for maintenance of lids, wheels and axles; however, the owner or occupant of the dwelling must notify the City to initiate maintenance. Subd. 5. Placement for Collection. The Sanitation Manager shall designate the collection point for recycling service. Recycling carts shall be placed as near to the designated alley or street as is reasonably possible so that they will be easily accessible for City crews using automated loading equipment. Carts shall be placed out for collection no later than 6:00 a.m. on the scheduled day of collection and no earlier than 6:00 p.m. the preceding day of collection. The front side of each recycling cart shall face the street or alley and have a clearance of 4 feet from buildings, parked cars, shrubs, trees, mailboxes or other structures or obstacles to allow for the automated loading equipment to operate efficiently. Carts will not be dumped on collection day if not properly set for collection, with lids completely closed. After collection, the cart will be removed from the street or alley by 7:00 p.m. of collection day. The cart may be stored outside the dwelling as long as the cover of the cart is kept securely closed at all times to prevent refuse from blowing out of the cart, and to keep rain and snow from accumulating inside the cart. Subd. 6. Removal of Snow. Each dwelling shall be responsible for clearing snow and ice from around the base of the recycling cart of approximately 1 foot to allow City crews access to the cart. Any cart that does not have the snow and ice removed as required will not be emptied. Recycling carts cannot be placed on top of a snow bank for collection.

9 Subd. 7. Anti-scavenging Clause. Ownership of the recyclable materials set out for collection by the City will be vested in the City of St. Cloud. It will be unlawful and an offense against this ordinance for any person, firm, or corporation other than the owner, lessee, or occupant of a residential dwelling, to pick up recyclable materials for their own use. Subd. 8. Separation Required for Dwellings Collected by Licensed Commercial Haulers. All refuse set out for disposal by the owner or occupant of every dwelling that is not part of the municipal collection service will have the following materials separated from the refuse except if employed in a disposal of other refuse or if contaminated: (a) Newsprint and inserts, magazines, telephone books, catalogs and shredded paper (b) Rinsed glass bottles and jars, no broken glass (c) Aluminum cans (d) Rinsed bi-metal (tin) cans (e) Rinsed plastic containers with a recycling symbol of #1 through 6 (f) Corrugated cardboard (g) Junk mail, including paper, envelopes, greeting cards, and computer printouts. Unacceptable materials include gift wrapping paper, paper towels, construction paper, carbon paper, brown craft envelopes, blueprints and books (h) Boxboard (also called fiberboard) including such items as beverage boxes, cereal boxes, and egg cartons. Unacceptable items include styrofoam, waxed cardboard and cardboard contaminated with grease or other food products This subdivision applies to the entire City of St. Cloud. Section 244:35. Responsibilities of Owners and Occupants. It will be unlawful for any person owning or occupying any premises in this City to fail to dispose of refuse, rubbish, recycling in a sanitary manner or to allow refuse, rubbish, recycling or yard waste to accumulate on premises, owned or occupied by such person, or to fail to keep said premises in an orderly and sanitary condition. Section 244:40. Exceptions to Municipal Collection Service. The following are exceptions to the requirements for refuse, rubbish recycling, and yard waste service. Subd. 1. The owner of dwelling located on a tract of land ten acres or larger may request in writing that municipal refuse, rubbish recycling and yard waste service be terminated until further notice provided: (a) The owner signs an agreement with the City whereby the owner agrees to dispose of the refuse and rubbish generated on the premises at their own expense, pursuant to Section 244:45; and (b) The owner signs an agreement with City whereby the owner agrees to provide for the separation of all recyclable materials from the refuse and rubbish in the dwelling and provide for the collection and delivery of these materials to a recycling facility through a licensed commercial hauler. The materials separated for recycling will be, at a minimum those listed in Section 244:30, Subd. 8 of this Code.

10 Subd. 2. The owner of a residence which is situated more than 100 feet from the public roadway may be provided refuse, rubbish recycling and yard waste service to a readily accessible location within 100 feet of the residence, provided the owner signs an agreement with the City which: (a) Allows the City to utilize the private driveway for refuse, rubbish recycling and yard waste collection. (b) Provides that such service will only be provided so long as the driveway is maintained in serviceable condition and provides adequate opportunity to allow the collection trucks to turn around. (c) Holds the City harmless from any property damage, which occurs, in the normal provisions of refuse, rubbish recycling and yard waste service. Subd. 3. The owner of a residence which had primary access to a road having a posted speed limit in excess of 35 miles per hour may either place the owner s refuse, rubbish recycling and yard waste for collection on said property immediately adjacent to the road right of way or place the materials at a readily accessible location on the owner s driveway, provided the owner signs an agreement with the City which: (a) Allows the City to utilize the private driveway for refuse, rubbish recycling and yard waste pickup. (b) Provides that such service will only be provided so long as the driveway is maintained in serviceable condition and provides adequate opportunity to allow the collection trucks to turn around. (c) Hold the City harmless from any property damage, which occurs, in the normal provisions of refuse, rubbish recycling and yard waste service. Subd. 4. The Sanitation Manager is authorized to order the discontinuance of municipal refuse, recycling and yard waste service for dwellings located throughout the City. The Sanitation Manager s order will be based upon a finding that: (a) The volume of refuse and recycling generated by the dwelling is at a level which indicates that a dumpster may be better used to store refuse and recycling for collection on the premises as opposed to 90-gallon carts or City refuse bags. Thereafter the owner will provide a dumpster on the premises of adequate size (minimum of 200 gallons) to contain the volume of refuse and recycling generated prior to disposal, and further will dispose of the refuse and recycling at their own expense, pursuant to Section 244:45. (b) The owner signs an agreement with the City whereby the owner agrees to place a dumpster on the premises of adequate size (minimum of 200 gallons) to contain the volume of refuse and recycling generated on the premises prior to disposal, and further agrees to dispose of the refuse and recycling at their own expense, pursuant to Section 244:45. (c) The owner signs an agreement with the City whereby the owner agrees to provide for the separation of all recyclable materials from the refuse and rubbish in the dwelling and provide for the

11 collection and delivery of these materials to a recycling facility through a licensed commercial hauler. The materials separated for recycling will be a minimum those listed in Section 244:30, Subd. 8 of this Code. Section 244:45. Payment for Private Disposal. Non-residential premises and dwellings not included or otherwise exempted from the municipal collection service provided in Sections 244:10 and 244:40, will dispose of refuse, rubbish recycling and yard waste entirely at their own expense. The owner or occupant will employ a commercial hauler licensed by the City to dispose of refuse, rubbish recycling and yard waste. Section 244:55. Commercial Haulers Licensed. The St. Cloud City Council may issue licenses for the collecting and hauling of refuse, rubbish and recycling for hire from dwellings located within the corporate limits of the City of St. Cloud, upon compliance with the following requirements: Subd. 1. Certification by the applicant that billing for refuse and rubbish collection services is based on volume. Subd. 2. Certification by the applicant that recycling collection services are provided to all its customers. Subd. 3. Submission of specifications of all vehicles to be used for refuse, rubbish and recycling collection and transportation. Subd. 4. Submission of the address for all dwelling located within the corporate limits of the City of St. Cloud for which refuse, rubbish and recycling collection services are provided. Subd. 5. Filing with the City a copy of any license required by Stearns, Benton or Sherburne Counties to collect and transport refuse, rubbish and recycling in their respective jurisdictions. Subd. 6. Payment of license fee established in Section 510 of this Code. Subd. 7. During move-in/move-out week in the SCSU district, the refuse haulers, at the direction of the City s Health and Inspections Division, shall accomplish daily refuse pick up. This shall be a condition of the Commercial Haulers License. Section 244:57. Noise Complaints. Upon receipt of a complaint of a commercial hauler making or causing excessive noise while in the process of collecting or hauling refuse or recycling in or near a residential area, the Sanitation Manager will contact the commercial hauler and request that such actions be taken to cease excessive noise. Failure on the part of the commercial hauler to correct or remedy the situation may result in suspension or revocation of its commercial hauler s license issued by the City. Section 244:60. Hauling Requirements. When hauling refuse, rubbish and recycling within the City, any person hauling such refuse, rubbish and recycling, whether privately or as a commercial service, will comply with the following provisions. Subd. 1. All garbage, ashes, and wet rubbish will be hauled in covered cans as required by this ordinance or in covered vehicles having metal, water-tight bodies to prevent scattering or dripping of contents.

12 Subd. 2. Dry rubbish may be hauled in any type vehicle, provided, however, that the necessary steps will be taken, including tying or covering of the rubbish, to prevent scattering of such rubbish during transit. Section 244:65. Establishment of Charges. The City Council will make and establish a schedule of charges for the collection and disposal of refuse, yard waste, rubbish and recycling by the municipal collection service from all dwellings utilizing such service. The fees shall be set by resolution of the City Council as set forth in Section 570:00 of this Code. Section 244:70. Application for Credit. The charges for municipal collection service under Section 570:00 will be imposed upon the owner of each dwelling whether or not the municipal collection service is actually used by any such person or dwelling. If a dwelling is vacant and unoccupied for no less than 60 continuous days, an owner may apply for and receive a credit by completing a Declaration of Residence Vacancy form provided by the Finance Department. The Declaration of Residence Vacancy form will be completed and filed with the Finance Department within 30 days following the billing date of the billing cycle in which the application for credit is requested. Credit will be based on water consumption being less than 2 units per 30 days. Section 244:75. Billing and Payment of Charges. The charges for refuse, yard waste, rubbish and/or recycling collection and disposal for a dwelling will be entered, shown and placed on the City utility bill for such dwelling and will be indicated thereon as for refuse, rubbish, yard waste and/or recycling collection and disposal charges. Charges may be billed annually or, on a monthly, bimonthly, or quarterly basis. All such charges will be due and payable at the office of the Finance Director and will be deemed to be for the same period in which the utility bill is incurred. Provided, however, that in initiating this charge, the City Council will provide for pro-rating the first charge in one-month increments, depending on the month in which utility charges are made. Section 244:80. Delinquent Accounts. Subd. 1. All City utility bills will be due and payable upon the date of billing and will be considered delinquent, if not paid by the final business day for the month in which the bill is due. A finance charge may be added to delinquent accounts. The finance charge will be established from time to time by resolution of the Council. Subd. 2. The City Clerk will cause an assessment to be levied against each dwelling for unpaid charges that were due and payable on or before August 1st of that year. The assessment will be in an amount equal to the unpaid charges. Interest on said assessment will be charged at the same rate as is the charge for assessment rolls for improvement projects adopted in the same year. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the Finance Director the whole or partial amount of the assessment covering the property. Interest will not be charged on payments made within 30 days from the date the assessment bill is prepared following the City Council s adoption of the assessment role. After that time interest will be charged at the same rate as established above and will accrue from the date the assessment role is adopted by the City Council to the date of payment. The City Clerk will transmit all unpaid balances of such special assessments to the County Auditor to be extended on the property tax list of the county of such assessment. The assessment will be collected and paid over a one year period with municipal taxes.

13 Subd. 3. Those properties with delinquent utility accounts, charges or fees are ineligible for City issued licenses or permits. Section 244: 85. Refuse Service Fund. There is established a "Refuse Service Fund" into which all monies collected by the City under this ordinance will be deposited. This fund will be used to provide for regular collection of refuse, rubbish recycling and to establish an equitable and economic means to pay the costs associated with the municipal collection service, and to provide for the repair and replacement of collection equipment. Section 244:90. Saving Clause. The invalidity of any section, subsection, sentence, clause, definition, phrase or portion of this ordinance will not invalidate any remaining portion. Section 244:95. Sales of Yard Waste and Refuse Bags. Subd. 1. Yard waste and refuse bags required by this ordinance will be offered for sale by the City of St. Cloud and by authorized distributors exclusively. Parties who desire to become authorized distributors will contact the Public Works Department. Subd. 2. No party will offer for sale any City yard waste or refuse bags unless said party has entered into a written agreement with the City of St. Cloud and has been identified as an authorized distributor. Subd. 3. No party will offer for sale any yard waste or refuse bags at a rate different from that rate set by the City of St. Cloud. Section 244:100: Authorized staff may issue an immediate administrative citation for violations of this Section. History: Ord ; Ord /12/13; Ord /8/17