CHAPTER 56: GARBAGE, REFUSE AND RECYCLABLE MATERIALS
Section
56.01 Definitions
56.02 Accumulation
56.03 Containers
56.04 Placement of containers
56.05 Collection
56.06 Service charges
56.07 Operation
56.08 Deposits unlawful
56.09 Burning of trash
56.10 Procedures
§ 56.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL UNIT. Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of non-profit organizations where food is prepared or served or goods are sold, as well as trailer courts and apartment complexes of four or more units.
COMPOSTABLES. Leaves, garden clippings, trees and shrubs.
GARBAGE. Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GARBAGE COLLECTION CONTRACTOR. The person, partnership or corporation with whom the city shall contract for collection of garbage in the city.
MULTIPLE FAMILY RESIDENTIAL UNIT. Any household wherein more than one family resides, except trailer courts and apartment complexes of four or more units.
RECYCLABLE MATERIALS. All newspaper print, assorted glass, assorted aluminum and bi-metal cans, tin cans, plastic, cardboard and other materials as mutually agreed upon by the city and the city's collection contractor.
REFUSE. All wastes (except body wastes) including rubbish, paper products and wood normally resulting from the operation of a household or business establishment, but not including garbage.
SINGLE FAMILY RESIDENTIAL UNIT. Any household with a single family residing therein, except trailer courts and apartment complexes of four or more units.
(Ord. 2.6007, passed 1-11-1993)
§ 56.02 ACCUMULATION.
All garbage, refuse and recyclables accumulated on any premises shall be collected, conveyed and disposed of by the City of Madelia through its personnel or its legally authorized agent, the city collection contractor. No person shall collect, convey over any of the streets or alleys of the city, or dispose of any garbage, refuse and recyclables accumulated in the city, except the city's duly authorized personnel or agency, provided that this chapter shall not prohibit the disposal of garbage in dwellings by any device which grinds and deposits the garbage in a sewer. The city's duly authorized personnel or agent shall have the right to enter upon private property at all reasonable hours of the day for the purpose of collecting garbage. Residents of the City of Madelia shall have the right to collect, convey and dispose of leaves and garden clippings at the Madelia compost site. Residents of the City of Madelia shall also have the right to collect, convey and dispose of trees, shrubs and wood products without nails or any type of chemical treatment at the Madelia compost site after informing City Hall of their intent to dispose of the materials and receiving permission to do so.
(Ord. 2.6007, passed 1-11-1993)
§ 56.03 CONTAINERS.
All garbage and refuse accumulated on any premises shall be placed and maintained in such containers as designated by the City of Madelia. All recyclables accumulated on any premises shall be placed and maintained in appropriate containers. Garbage, refuse and recyclable containers shall be provided by the owner, tenant, lessee or occupant of the premises. In the event the city determines that protective plastic or metal containers shall be used to protect the plastic bags from tearing or other damage, then the container shall be maintained in a good, clean, neat and sanitary condition at all times and shall be equipped with handles, tight fitting covers and shall be watertight. The garbage containers for single- or multi-family residential units shall have a capacity of not more than 30 gallons, and container and content shall not weigh more than 80 pounds. The owners of apartment complexes of four or more units shall provide and maintain a dumpster on the premises for use by the tenants or occupants of the premises.
(Ord. 2.6007, passed 1-11-1993; Ord. 2.6008, passed 2-23-1998)
§ 56.04 PLACEMENT OF CONTAINERS.
(A) Garbage, refuse and recyclables containers shall be placed for collection at one place at ground level on the property and accessible from the street or alley from which collection is made.
(B) Garbage, refuse and recyclables containers shall be placed for collection not more than 24 hours prior to collection time.
(Ord. 2.6007, passed 1-11-1993)
§ 56.05 COLLECTION.
Garbage, refuse and recyclables accumulated on any premises shall be collected at least once each week. The owners of the premises upon which refuse is accumulated shall use a container which can be so sealed, operated and maintained as to prevent offensive odors escaping therefrom, and refuse from being blown, dropped or spilled from the container. The ownership of garbage, refuse and recyclable material set out for collection and collected by the city's duly authorized personnel or agent shall be vested in the city.
(Ord. 2.6007, passed 1-11-1993)
§ 56.06 SERVICE CHARGES.
The City Council shall either contract with an authorized company or agent, or establish by resolution a system of service charges for removal and disposal of garbage and refuse and shall fix and declare maximum charges, including special charges for extra hauling or trips, and shall classify removal and disposal according to type of service required based upon type of residence or dwelling, type of business and number of collections and removals each week. In the event the city contracts, exclusively or otherwise, for garbage and refuse removal, the city shall oversee rate charges for such service. If a dispute arises over the rates charged for either residential or commercial service, the city shall hear and arbitrate all disputes. Such disputes shall be brought before the council in the same manner and by the same process as is provided for challenging certain administrative fines. This process is set forth in §
§ 56.07 OPERATION.
No commercial collection and refuse haulers shall operate on the streets, alleys and rights-of-way of the City of Madelia without a permit from the Madelia City Council and in no instance shall collection of garbage, refuse and recyclables be made within the city by a commercial hauler with vehicles other than those approved by the Madelia City Council.
(Ord. 2.6007, passed 1-11-1993)
§ 56.08 DEPOSITS UNLAWFUL.
It is unlawful for the owner of solid waste to deposit it in the refuse container of another without the written permission of the owner of the other container. Any violation of this provision upon conviction shall be punishable pursuant to the penalty provision in § 10.99.
(Ord. 2.6007, passed 1-11-1993)
§ 56.09 BURNING OF TRASH.
(A) Burning trash in streets. It shall be unlawful for any person, firm or corporation to burn any trash, lumber, leaves, straw, paper, grass or other combustible material in any street or alley within the City of Madelia.
(B) Burning trash in fire limits. It shall be unlawful for any person, firm or corporation to burn any trash, lumber, leaves, straw, paper, grass or other combustible material in any street or alley or on any parcel of ground outside of the confines of any permanent structure or building located thereon within the fire limits of the City of Madelia without prior approval of the City Council.
(C) Limitations on burning trash. It shall be unlawful for any person, or persons to burn any trash, lumber, leaves, straw, paper, grass or other combustible material on any parcel of ground within the City of Madelia, outside of the confines of any permanent structure or building located thereon, without first providing adequate means to safely control the fire at all times. The setting of such a fire on any unusually windy day, or the calling and appearance of the Fire Department when necessitated to prevent the spread of such a fire shall constitute prima facie evidence that the person or persons so setting the fire did not provide adequate means to safely control the fire at all times.
(D) Inspection of premises. It shall be the duty of the Fire Chief of the city to make periodic inspections of all premises and buildings within the fire limits of the city as defined in division (B) above to determine whether or not there are any accumulations of trash, lumber, leaves, straw, paper, grass or other combustible material that would constitute a fire hazard, and the Fire Chief of the city may order the owner or occupant of any premises where any such accumulation is found to remove the same within 24 hours after service of written notice to do so, and failure of any such owner or occupant to comply with the terms of any such notice shall constitute a violation of the terms of this section.
(Ord. 21.70, passed - -) Penalty, see § 10.99
§ 56.10 PROCEDURES.
The City Council shall establish by resolution solid waste collection procedures that when established and enforced will encourage and induce recycling including but not limited to methods and service charges based upon volume.
(Ord. 2.6007, passed 1-11-1993)
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