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File #: ORD 17-2393    Version: Name: Trash Cart Placement - ROW Obstruction
Type: Ordinance Status: Passed
File created: 12/21/2017 In control: City Council
On agenda: 12/21/2017 Final action: 12/21/2017
Title: SECOND READING AMENDING SEC. 62-33. - OBLIGATIONS OF THE REFUSE GENERATORS AND SEC. 70-3. - CITY STREET OR PUBLIC RIGHT-OF-WAY OBSTRUCTION
Sponsors: Jon Haukaas

CONSENT - Jon Haukaas, Director of Public Works

 

Title

SECOND READING

 

AMENDING SEC. 62-33. - OBLIGATIONS OF THE REFUSE GENERATORS AND SEC. 70-3. - CITY STREET OR PUBLIC RIGHT-OF-WAY OBSTRUCTION

 

Background

Staff has been working to educate the public about the importance of not placing trash carts, basketball hoops, and other items in the street as they can significantly impact both the traveling public and municipal operations such as plowing and street sweeping.  As part of that effort staff is suggesting some code amendments that will help clarify proper placement of trash carts and allow for enforcement if necessary, although staff will continue as they have been to work with residents when space is limited on trash cart placement.  First reading was held December 7 and no changes were made.

 

Recommendation

Hold second reading and adopt the proposed ordinance.

 

Body

 

THE CITY OF BLAINE DOES ORDAIN:   (Added portions are underscored and deleted portions are shown in brackets with overstrike.)

 

Sec. 62-33. - Obligations of the refuse generators.

(c)  Container placement for collection.

(1)  Dwelling units, except apartment buildings and manufactured homes not contracting for curbside service: On the designated pickup day, refuse, recyclables and yard waste shall be set out for collection [at the] immediately behind and within two (2) feet of the curb. Containers shall not be placed in the street.

 

Sec. 70-3. - City street or public right-of-way obstruction.

 

(a)                     No person shall create an obstruction on any public street through the placement or storage of items not otherwise authorized for use on the public street.  This shall include, but is not limited to, refuse, refuse/recycling/yard waste containers, basketball hoops, fencing, landscape materials sports nets/goals, or any other tangible object that may hinder free and open passage over that or any part of the public street.

[(a)] (b) No person shall deposit or permit to be deposited and leave on any public street in the city leaves, grass, sand or similar materials, nor shall any person plow, shovel, or blow or permit the blowing, shoveling or plowing of snow onto a public street in the city and leaving it. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive, provided that the materials are immediately removed from the street.

[(b)] (c) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $1,000.00, or by imprisonment not to exceed 90 days, or both, or any different amounts adopted by statute. Enforcement of this chapter may also be pursued through the city administrative municipal court for adult offenders.

 

INTRODUCED AND READ in full the 7th day of December, 2017.

 

PASSED by the City Council of the City of Blaine this 21st day of December, 2017.