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CITY COUNCIL CITY OF CLEARWATER - ORDINANCE NO. 2020-03 - COMPOST ORDINANCE

CITY COUNCIL

CITY OF CLEARWATER

 ORDINANCE NO. 2020-03

COMPOST ORDINANCE

THE CITY OF CLEARWATER HEREBY ORDAINS AS FOLLOWS:

Section 1. Amendment of the City Code. Chapter 14 of the City Code of the City of Clearwater, Minnesota, is hereby amended to add Article VII – Compost.

Section 2. Effective Date. This ordinance shall be in full force and effect upon its passage and summary publication, which is hereby authorized by the City Council.

ADOPTED THIS 12th DAY OF OCTOBER 2020

ATTEST:

/s/ Andrea Lawrence, Mayor

/s/ Annita M. Smythe, City Administrator

ARTICLE VII - COMPOST

Sec. 14-140 - City Compost Facility

The City operates and maintains a compost facility for use by property owners or their legal tenants within the corporate city limits of the City of Clearwater. The following regulations govern the use of the city’s compost facility.

  1. The compost site is only available for use by property owners or their legal tenants within the corporate city limits of the City of Clearwater. Residents of other nearby cities or surrounding townships are not authorized to use the facility.
  2. Use of the facility by commercial tree or brush service providers is prohibited.
  3. Authorized compost means leaves, grass clippings, or garden waste. All other items are prohibited.
  4. Materials must be disposed of in an orderly manner in accordance with the signage at the facility. Leaves, grass clippings, or garden waste shall be placed as indicated by the signage at the facility.  No stumps or root balls are allowed.
  5. Any materials or items left at the facility other than leaves, grass clippings, or small brush is prohibited and is considered illegal dumping.
  6. Facility hours of operation are: 7:00 a.m. to 8:00 p.m.
  7. Security cameras may be used to monitor activity at the site and identify unauthorized or inappropriate use of the facility.

Sec. 14-141 - Penalty

Any person who violates any provision of Section 14-140 shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine and/or imprisonment as set forth in M. S. § 609.03 as it may be amended.  Additionally, the city may seek restitution for actual damages for staff time and other actual costs incurred in remediating the unlawful use of the compost facility.

Sec. 14-142 – 14-150 – Reserved

Sec. 14-151 - Curb-side Compost

The City operates a curb-side compost program for benefit of city residents.  Eligible compost may be placed next to the curb for city pick-up and removal.  The following regulations govern the City’s curb-side compost program.

  1. Authorized compost means leaves, grass clippings, or small brush up to six inches in diameter or smaller. No stumps or root balls are allowed.  Compostable bags shall be used and bags shall not exceed 50 lbs.  Branches are required to be placed in an orderly manner with the largest end towards the street.
  2. Authorized compost materials eligible for removal include compost generated by maintenance of the owner’s city property. Materials from other properties outside of city limits or from other non-residences may not be brought to the residence for removal.
  3. Use of the facility by commercial tree or brush service providers is prohibited.
  4. Authorized compost is an exception to other ordinances governing outside storage or use of the right-of-way.
  5. City staff will pick up compost materials on the first Wednesday of each month. Some pick-up may occur on the first Thursday of the month if staff are unable to complete the pick-up route on Wednesday.

Sec. 14-152 - Penalty

Failure to comply with the provisions of Section 14-151 may result in the following penalties:

  1. Any unauthorized items left on the curb will not be picked up by city staff but must be removed and properly disposed of by the property owner.
  2. The property owner may be liable for the city’s repair or replacement costs if unauthorized items are placed by the curb or inside of compost bags which results in damage to city equipment or injury to city staff.

Sec. 14-153 – 14-160 – Reserved.

(Published in the Patriot: 12/19/20.)