[HISTORY: Adopted by the City Council of the City of Fairfax 12-10-2019 by Ord. No. 420. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 190, Solid Waste, which consisted of Art.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.
- RECYCLABLE MATERIALS
- All nonglossy newsprint, office paper, corrugated paper, aluminum, steel and tin cans, acceptable plastic, automobile oil, and batteries.
- SOLID WASTE
- Garbage, recyclable materials, refuse, rubbish, swill, waste matter, and other discards which are nonhazardous waste.
- YARD WASTE
- Organic material consisting of grass clippings, branches, leaves, and other forms of organic garden waste.
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.
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.
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.
Residential garbage shall be contained in bags or similar containers which are then placed in the garbage cart supplied by the hauler for pickup.
Carts are to be stored within or placed outside immediately adjacent to a primary or accessory structure on the property.
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.
Commercial units shall be billed directly by the contractor at a rate to be agreed upon between the parties involved.
All solid waste shall be stored in clean, water-tight, and washable closed containers.
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.
The fee shall be based on cart size selection and total number of carts utilized.
The set rate shall be established by resolution of the City Council.
The garbage fee shall be billed monthly collected by the City as part of the municipal utility billing system.
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.
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.
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.
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:
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.
Dumpsters must be covered when materials inside are easily airborne, pose a hazard, emit an odor or are otherwise offensive.
Garbage and refuse must be placed inside the dumpster; not along side or on top of it.
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.
All dumpsters are required to be emptied within seven calendar days when found to be emitting rank or offensive odors.
Cleaning dumpsters on the street or sidewalk is not permitted.
Dumpsters in the public right-of-way.
Generally, dumpsters are not to be placed in the right-of-way unless no other suitable location is available on private property.
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.
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.
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.
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.
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.
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.
Violation of ordinance and denial of dumpster use.
The City may remove or have a container removed from the public right-of-way if the container is in violation of this chapter.
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.
The City may deny the use of dumpsters to protect public health or safety concerns.
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.