Mound City Code 491.00

Section 491 – REQUIRING OWNERS OF MULTI-FAMILY DWELLING UNITS

WITHIN THE CITY OF MOUND TO PROVIDE SEPARATION AND COLLECTION OF RECYCLABLE MATERIALS

491.01 Definitions.

Subd. 1. "Aluminum Recyclables" means disposable containers fabricated primarily of aluminum commonly used for soda, beer and other beverages.

Subd. 2. "Can Recyclables" means all disposable containers fabricated primarily of metal or tin.

Subd. 3. "Collection" means the aggregation of recyclable materials from the place at which it is generated and includes all activities up to the time when the waste is delivered to a designated facility.

Subd. 4. "Corrugated Cardboard" means heavy paper with alternating ridges and grooves for use in packing or boxing materials.

Subd. 5. "Glass Recyclables" means jars, bottles and containers which are primarily used for packaging and bottling of various materials.

Subd. 6. "Multiple-Family Dwelling" means a building or a portion thereof containing nine or more dwelling units including detached, semi-detached and attached dwellings.

Subd. 7. "Paper Recyclables" means newsprint and office paper but does not include magazines or similar periodicals.

Subd. 8. "Plastic Recyclables" means any plastic bottle with a neck.

Subd. 9. "Recyclable Materials" means materials that are separated from refuse for the purpose of recycling and include aluminum recyclables, can recyclables, glass recyclables, paper recyclables, corrugated cardboard and plastic recyclables.

Subd. 10. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.

Subd. 11. "Refuse" means waste material, garbage, rubbish and yard waste as defined below:

(a) Waste material includes natural soil, earth, sand, clay, gravel, loam, brick, plaster, concrete and ashes.

(b) Garbage includes animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(c) Rubbish, consisting of wood, dead trees or branches, chips, shavings, rags, and nonrecyclable materials.

(d) Yard waste includes compost materials such as grass clippings, leaves, weeds, straw and other forms of organic material, but does not include trees, brush or similar materials.

491.05 Separation and Collection of Recyclable Materials.

Subd. 1. It shall be the duty of every owner of a multiple-family dwelling unit having recyclable materials which accumulate on the premises to separate recyclable materials from refuse, and to provide space for recyclable materials so that residents may place the recyclable material in a city approved container and set the recyclable material out for collection in a manner that is designated by the City.

Subd. 2. The City shall insure that a service is available for the collection of recyclable materials from all multiple-family dwelling units. The City shall provide owners and occupants of multiple-family dwelling units with information regarding authorized recycling procedures.

491.10 Collection.

Subd. 1. Collection, removal and disposal of recyclables shall be supervised by the City, which shall have the power to establish a time, method and routes of service. The owners of multiple-family dwelling units shall make information regarding dates and time of collection of recyclables available to all tenants.

Subd. 2. Collection of recyclables from multiple-family dwellings shall be by a hauler selected and paid by the owner or manager of such premises or by an association governing such premises, but which hauler is then duly licensed by the City of Mound under Subsection 490.25 of the City Code and other applicable ordinances of the City or County. Also such collection shall be done in compliance with all other applicable ordinances of the City now or hereafter in effect.

Subd. 3. It shall be the duty of each owner and occupant of commercial, industrial and institutional property having recyclable materials which accumulate on the premises to separate recyclable materials from refuse and provide for the collection of recyclable materials in accordance with the procedures established by the City.

491.15 Prohibiting Unauthorized Collection or Recyclable Materials. It shall be unlawful for any person who is not authorized by the City to remove, take for salvage or destroy any recyclable materials including, but not limited to, aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper recyclables that have been set out for collection.

Any person violating any provision of this Section is guilty of a misdemeanor and any such person shall be guilty of a separate offense for each and everyday or portion thereof during which any violation of this Section is committed, continued or permitted.

491.20 Container Requirements. Containers shall be provided by the owners of multiple-family dwelling units and shall be maintained in a clean and sanitary condition by owners. Owners shall be responsible for replacing and purchasing extra containers as needed. The containers shall be located in a manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic. The containers shall be located in such a manner as to allow for collection by the City approved recycling hauler.

491.25 Reports to City. As and when requested by the City from time to time, the City requires the haulers of recyclables, to keep complete and accurate records of the total tons of recyclables collected each month from their respective multiple-family dwellings, together with the actual weight or percentage of the total that each recyclable material represents, and the markets used for the sale of, and primary purchasers of, such recyclables. Such records shall be sent to the City when requested by the City. The City also requires the haulers to prepare and submit to the City, at the request of the City, such other reports, data and information relative to the separation, collection and disposal of recyclables as may be required by any statute, law, ordinance, rule or regulation now or hereafter applicable, or which may now or hereafter be requested of the City by the County. All such records, reports, data and information, once received by the City shall become the property of the City to be used as it shall determine without obligation to any person.

491.30 Penalty. A violation of any provision of this Ordinance shall result in a $100.00 penalty for the owner of the multiple-family dwelling or owner/occupant of commercial, industrial and institutional property. The violator shall be given a written warning for the initial violation. The above penalty shall be imposed for each subsequent violation. Penalties that remain unpaid for more than thirty (30) days shall be charged to the utility account of the violator. Any penalty that is placed on a utility account shall be an assessment against the violator's property. Such amount shall be certified with the County Auditor and collected in the same manner as taxes against the premises. The fourth (4th) and each succeeding violation of this Section 491 shall be a misdemeanor and violators may be penalized by up to a $700.00 fine and/or ninety (90) days in jail.

(ORD. 48-1991 - 7-10-91)