[HISTORY: Adopted by the City Council of
the City of Fairfax 12-10-2019 by Ord. No. 420.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 190,
Solid Waste, which consisted of Art. I, Permit Authority for Garbage
and Rubbish Hauling, adopted 9-1-1977 by Ord. No. 112; Art. II, Garbage and
Rubbish Collection, adopted 9-4-1979 by Ord. No. 108, as amended; and Art.
III, Lawn Waste Disposal, adopted 11-7-1990 by Ord. No. 115.
The City deems it to be in the best interest of the citizens,
and necessary to preserve public health, safety, property values,
and city streets and alleyways, to license both residential and commercial
haulers of all solid waste whom operate within City limits.
The City utilizes organized collection defined as a system for
collecting solid waste in which a specified collector, or a member
of an organization of collectors, is authorized to collect from a
defined geographic service area or areas some or all of the solid
waste that is released by generators for collection. The organized
collection system was established prior to May 1, 2013 and is therefore
exempt from Minn. Stat. 115A.94 Subd. 4a to 4f.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any portable container used or designed for collection of,
transportation of, or disposal of garbage, refuse, waste, construction/demolition
materials, or the like. Dumpster shall include, but is not limited
to, "roll off" boxes or containers, collection bins, tubs, and portable
storage containers.
Every waste accumulation of animal, fruit, or vegetable matter
that attends the preparation, use, cooking, keeping, storing, buying,
selling or transporting of meats, fish, birds, fruits, vegetables,
and wastewater. Garbage shall also include wastepaper, glass, sweepings,
trash, rubbish, litter, and other similar solid waste materials. Garbage
does not include yard waste.
All nonglossy newsprint, office paper, corrugated paper,
aluminum, steel and tin cans, acceptable plastic, automobile oil,
and batteries.
Garbage, recyclable materials, refuse, rubbish, swill, waste
matter, and other discards which are nonhazardous waste.
Organic material consisting of grass clippings, branches,
leaves, and other forms of organic garden waste.
A.
The City shall grant one license authorizing haulers to pick up solid
waste within City limits. The City shall grant such license in its
own discretion, after considering whether the services being offered,
the prices for such services, the equipment, personnel, reputation,
and experience of the haulers are the best available for the citizens
and in keeping with City needs and policies. The City Council, in
its sole discretion, may select the methods by which it solicits proposals
for service.
B.
The approved hauler and City shall enter into a contract designating
the terms, conditions, fees, payments, and other such necessary provisions
for effective and efficient solid waste collection and disposal.
C.
The term of the contract shall be no longer than five years in length.
Every residential dwelling shall be required to have garbage
collection through the approved hauler.
A.
Residential garbage shall be contained in bags or similar containers
which are then placed in the garbage cart supplied by the hauler for
pickup.
B.
Carts are to be stored within or placed outside immediately adjacent
to a primary or accessory structure on the property.
C.
Carts may not be left at the curb or other designated pickup spot
after refuse has been collected. Carts must be removed within 24 hours
after pickup. Recycling carts are included in this requirement. Carts
may be placed for pickup no sooner than 48 hours before scheduled
pickup.
A.
Commercial units shall be billed directly by the contractor at a
rate to be agreed upon between the parties involved.
B.
All solid waste shall be stored in clean, water-tight, and washable
closed containers.
C.
All such containers are to be placed in as inconspicuous of a location
as practicable while maintaining efficient collection. The goal is
to keep containers out of the public eye while balancing against the
needs of property disposal and hauler collection.
All persons whose names are included in the compulsory residential
list shall be charged a monthly fee which includes the collection,
transportation, and disposal of garbage waste.
A.
The fee shall be based on cart size selection and total number of
carts utilized.
B.
The set rate shall be established by resolution of the City Council.
C.
The garbage fee shall be billed monthly collected by the City as
part of the municipal utility billing system.
D.
A property may have the fee cancelled in the event all utilities
are disconnected, the home has been vacant for six months, or when
the residents are "snow birding" for the winter. Snow birding is defined
as when the residents move to a warmer climate during the winter months.
E.
The City shall have the right to add any unpaid residential dumpster fees to the property's utility billing account in the event of violation of § 190-9, Dumpsters.
F.
Any unpaid fees shall be assessed to the property for which the service
was used in accordance with procedures established for all other unpaid
utility bills.
G.
All nontypical garbage and rubbish (such as old equipment, old furniture,
etc.) shall be arranged and billed separately by the hauler.
The City hereby imposes the following rules regarding the use
of dumpsters within City limits:
A.
Rules.
(1)
Dumpsters must be well maintained and in good working condition,
displaying the name or logo and telephone number of the owner of the
dumpster, and be suitably supported at each contact point to prevent
damage to paved surfaces.
(2)
Dumpsters must be covered when materials inside are easily airborne,
pose a hazard, emit an odor or are otherwise offensive.
(3)
Garbage and refuse must be placed inside the dumpster; not along
side or on top of it.
(4)
All dumpsters are required to be emptied when full. For the purpose
of this chapter, full is defined as when the contents of the dumpster
reach an average level of flush with the top edge of the dumpster
sides. Any dumpster which has reached the full status, and is not
emptied within seven calendar days shall be considered in violation
of this chapter.
(5)
All dumpsters are required to be emptied within seven calendar days
when found to be emitting rank or offensive odors.
(6)
Cleaning dumpsters on the street or sidewalk is not permitted.
B.
Dumpsters in the public right-of-way.
(1)
Generally, dumpsters are not to be placed in the right-of-way unless
no other suitable location is available on private property.
(2)
A dumpster placed in the public right-of-way must have a flasher
or reflector on the outside corner facing traffic at all times. Where
traffic may approach from either side, the dumpster must have a flasher
or reflector on the outside corner on both sides. Type I or Type II
barricades can be used as an alternate to flashers or reflectors.
(3)
Dumpsters shall not block a public sidewalk or be placed in a location
that restricts the "sight lines" of an intersection. "Sight lines"
will be determined by the Superintendent of Streets and Utilities.
(4)
Dumpsters placed in the public right-of-way for construction, remodeling,
or demolition projects shall be removed immediately upon the completion
of the project. No dumpster shall be placed in the public right-of-way
for more than 30 days. An extension of the thirty-day rule may be
allowed with written permission from the City.
(5)
No dumpster shall be placed on streets, sides of streets, or areas
designated as "no parking." Dumpsters shall not be placed in public
parking lots or parks without prior permission from the City.
(6)
The owner and/or the user of a dumpster on a public right-of-way
is/are responsible for any public property, street, curb and gutter,
or public infrastructure damage.
(7)
No dumpster shall be placed in the public right-of-way during the
winter snow season, defined for this purpose of this ordinance as
the period from November 1 to the next following April 1. Extensions
to the established period may be determined by the City as weather
necessitates.
C.
Violation of ordinance and denial of dumpster use.
(1)
The City may remove or have a container removed from the public right-of-way
if the container is in violation of this chapter.
(2)
The City may deny the use of dumpsters in the public right-of-way
if the dumpster is too wide to allow public safety vehicles through,
other traffic concerns, or any other reason deemed by the City.
(3)
The City may deny the use of dumpsters to protect public health or
safety concerns.
(4)
The City may deny the use of dumpsters in circumstances where there
has been violations of this ordinance or any nuisance laws.
At the time of passage of this chapter, Renville County acts
as the responsible party for all recycling collection and administration
within the City.
Any violation of this chapter or the specific terms under which
a license is issued under this chapter shall be considered a misdemeanor,
punishable by the fines and other penalties established under state
law for misdemeanors in effect on the date the violation occurs. The
City reserves the right to cancel any license issued under this chapter
for good cause at any time, as determined by the City Council.
