403.01: Purpose
403.02: Definitions
403.03: Scavenging for Recyclables; License
403.04: License for Recycling Contractor
403.05: Requirements for License
403.06: Expiration of License
403.07: Revocations
403.08: Licensee’s Equipment
403.09: Report to City
403.10: Recycling Service
403.11: Hours of Collection
403.12: Placement of Containers for Collection
403.13: Recycling Fee
403.14: Existing Agreement

It is the intent of the City, by means of this Chapter, to establish a system of curbside recycling for Residential Dwellings and Multi-Family Complexes in the City. (Ord. 1098, 8-12-1991; Ord. 1280, 03-31-2003)

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
CURBSIDE: The area of public right of way between the property line and the curb or edge of the street, but not on the street.
CURBSIDE RECYCLING: The regularly scheduled collection of targeted recyclables by a recycling contractor selected by the City.
MULTI-FAMILY COMPLEXES: A dwelling unit, or series of dwelling units, such as an apartment complex, that does not fit the definition of Residential Dwelling in this section. (Ord. 1280, 03-31-03)
PERSON: Individuals, partnerships, corporations and other legal entities.
RECYCLABLES: Materials which may be recycled or reused through recycling processes including targeted recyclables.
RECYCLING CONTRACTOR: A collector or transporter of recyclables.
RESIDENTIAL DWELLING: Any building containing one to four dwelling units (single-family, duplex, triplex and fourplex), and any building with units contiguous to each other (townhouses) sharing no more than two common walls and not having a centralized refuse and recycling pickup location, such building to be of the row house type as contrasted to multiple dwelling apartment structures. (Ord. 1280, 03-31-2003)
TARGETED RECYCLABLES: Aluminum or other metal food and beverage cans, food and beverage glass containers, newsprint, corrugated cardboard, magazines, designated plastic containers and other materials designated by the City Manager. (Ord. 1098, 8-12-1991)

It is unlawful for any person to scavenge or otherwise collect recyclables at the curb or from recyclable containers without a license from the City. (Ord. 1098, 8-12-1991)

No person shall act as a recycling contractor in the City without first obtaining the appropriate license issued by the City. Any person desiring a license to collect recyclables in the City shall submit a completed license application form along with the license fee and the required certificate of insurance. (Ord. 1098, 8-12-1991)

[1]See Chapter 301 of this Code

A. License Fee: Payment of the license fee as prescribed from time to time by City Council resolution shall be required prior to issuance of such license[2].
B. Liability Insurance: Before a recycling contractor license shall be issued, the applicant shall provide a certificate of liability insurance for all vehicles in at least the sum of $600,000.00 for bodily injury damages and$200,000.00 for property damages.
C. Workers’ Compensation Insurance: Before a recycling contractor license shall be issued, the applicant shall file with the City a certificate indicating statutory workers’ compensation coverage or evidence of self-insured status approved by the State of Minnesota[3]. (Ord. 1098, 8-12-1991)

[2]See Section 301.03 of this Code for amount of licensing fee.
[3]M.S.A. §187.121.

All licenses shall expire annually on December 31. (Ord. 1098, 8-12-1991)

A licensee’s failure to comply with the provisions of this Code or any of the conditions attached to the license shall be grounds for license revocation, without refund of the license fee. (Ord. 1098, 8-12-1991)

Licensees shall use equipment so constructed that the recyclables will not spill during transport. The equipment shall be kept clean and shall not be allowed to stand in any street or public place longer than is necessary to collect recyclables. The licensee shall also ensure that the collection site is left free of litter. (Ord. 1098, 8-12-1991)

Licensees shall submit to the City a semi-annual report on a form provided by the City for such purpose. Upon request, licensees shall provide receipts which certify tonnages and markets reported to the City. (Ord. 1098, 8-12-1991)

The City shall contract with a recycling contractor to serve as the exclusive curbside collector of targeted recyclables from Residential Dwellings and Multi-Family Complexes. In such contract, the City Council shall determine the schedule and frequency of the collection. (Ord. 1098, 8-12-1991; Ord. 1280, 03-31-2003)

Licensees may collect recyclables during times as provided for “Refuse Handling” in subsection 405.03C of this Title. (Ord. 1098, 8-12-1991)

Recycling containers shall be located out of the public view except on the day of pickup. Recycling containers must be placed at curbside for collection prior to 7:00 A.M. on collection day. At no time shall containers remain on curbside for longer than 24 consecutive hours At Multi-Family Complexes, containers shall be located in a place determined by the pertinent Licensee and Complex owner or manager, and said containers shall be located out of the public view. (Ord. 1098, 8-12-1991) (Ord. 1280, 03-31-2003)

A. Fee: All Residential Dwellings and Multi-Family Complexes shall pay a recycling fee. The fee shall be charged quarterly as part of the City utility bill and shall be due along with the utility bill. The fee shall be as prescribed from time to time by City Council resolution. (Ord. 1280, 03-31-2003)
B. Penalty: Each quarterly billing for a recycling fee not paid when due shall incur a penalty charge of 10% of the amount past due.
C. Action to Collect: Any amount due, including penalties, for recycling fee in excess of 90 days past due on October 1 of any year shall be certified to the County Auditor for collection with real estate taxes in the following year. (Ord. 1098, 8-12-1991)

If any Multi-Family Complex in the City on the date of adoption of this ordinance has in place a valid contract with a private recycling contractor that provides for recycling of all Targeted Recyclables, then, upon proof of the existence of the contract, the Multi-Family Complex is exempt from participation in the City recycling program and the fee in Section 403.13, provided 1) the contract remains in force, and 2) the private recycling contractor meets all the requirements in this Chapter. In no event shall the exemption extend beyond December 31, 2007, at which time all Multi-Family Complexes shall be covered hereunder. (Ord. 1280, 03-31-2003)