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213909Oridknal toJCity Clerk PRESENTED BY Attest: ORDINANCE COUNCIL FILE NO ORDINANCE NO. Caancil File No. 213909 — Ordinance +No: w524—By Milton Rosen— ^rdinance relating to littering of AN ORDINANCE RELATING TO LITTERING OF ��� :''� seis'aniemergencynordinance STREETS, ALLEYS, SIDEWALKS AND PUBLIC pce ' -) - for the presery �- PLACES. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. The word "person" when used in this ordinance shall mean any individual, firm, partnership, association, organization, or any officer thereof. Section 2. No contractor or other person shall operate or permit or cause his agents, employees, or subcontractors to operate any vehicle from construction or demolition sites or from property adjacent to a street, alley, or other public place onto and upon any street, alley, sidewalk or other public place: (1) In such a manner or so loaded as to dump'. scatter, or deposit any rubbish, stones, wire, earth,sand, gravel, ashes, cinders,sawdust, hay, glass, manure, filth, paper, snow, ice, grass, leaves,•twigs, shrubs, construction waste, garbage, or other offensive or nauseous material on any street, alley, sidewall� or other public place; , (2) Without first having its tires and wheels cleaned so as not to litter, scatter, or deposit, any foreign material upongany street, alley, sidewalk or other public place; (3) Without having tailgates of sufficient height and closed tightly at all times while the vehicle is in operation so as to keep dirt, sand, gravel, or any other material being transported from spilling, falling, or being blown from the vehicle. Section 3. Contractors shall maintain streets, alleys, sidewalks, or other public places adjacent to construction, demolition, or building sites free from Gust, litter, or other.. matter originating from their construction, demolition, or building sites, including that effected by erosion, and landslides. Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1 M 0-02 22 3 Passed by the Council OrLvLai to'City Cleric n 0:, . . 4 PRESENTED BY 7 MEW,: OI#DINANCE Section 4. Where more butes to the littering other public places in separately and jointly alleys, sidewalks or o- or other matter. COUNCIL FILE NO. ORDINANCE NO. - 2 - 'r _A than one contractor or person'contri- of streets, alleys, sidewalks, or the same site or area, they shall be responsible for maintaining the streets, ther public places free from dust, litter Section 5. The Commissioner of Public Works is hereby em- powered to order any contractor or contractors to take reasonable precautions to prevent litter and other matter from being dumped, scattered, or deposited on streets, alleys, sidewalks, or other public places and to maintain such public places adjacent to the contractor's construction, demolition, or building sites at all times free from litter and other matter originating from their construction, demolition, or building sites,, and from the ve- hicles operated by their agents, employees, subcontractors or suppliers. "ll:. Section 6. This ordinance shall not apply to construction work within the barricaded area of work being done in the street right -of -way pursuant to a City of Saint Paul excavation permit authorizing the same, or to work being performed within a bar- ricaded area pursuan�_to a city contract or by certain emergency forces, provided that excavated material stored temporarily within the barricaded area shall not be scattered or carried or allowed to accumulate outside of such area. Section 7. 'Th'i's ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate chapter and /or section number at the time of the next revision of the said Legislative Code. Section 8. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 9. This ordinance shall take effect and be in force upon its passage, approval and publication. R 3 190 Yeas Councilmen Nays Passed by the Council Dalglish Holland Losil4e "n d Tn Favor Peterson Against Rosen = Mr. President (Vavoulis) Appro Attest : c �; City Clerk Mayor IM 8-82 X22 v THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF ST. PAUL INTER - OFFICE COMMUNICATION June 24, 1963 1909 Hon. Milton Rosen Commissioner of Public Works 234 City Hall Dear Commissioner: Regarding the proposed ordinance that you submitted to the Corporation Counsel concerning street lit- tering, I cannot recall ever discussing the possibility of holding up the ordinance. I feel that this is a necessary ordinance and not unduly severe, and would assist us greatly in keeping our streets.-clean. If you had any reason for requesting the ordinance held up, I have never heard it mentioned. I would personally like to see such an ordinance passed. CAT: jc Sincerely, Clyde A. Tester Supt. of Sanitation a. 4 � v ROBERT E. FARICY THEODORE J. COLLINS DANIEL A. KLAS THOMAS J. STEARNS JOHN J. MCI•IEIL GERALD A. ALFVEBY PAUL J. KELLY SIDNEY P. ABRAMSON ASSISTANTS NEIL P. CONVERY INVESTIGATOR CITY OF SAINT PAUL LEGAL DEPARTMENT DONALD L. LAIS CORPORATION COUNSEL C1 June 12, 1963 Mr. Milton Rosen Commissioner of Public Works Dear Commissioner: We are returning herewith your letter of May 16 with the attached copy of ordinance of the city of Milwaukee regarding debris in City streets. This is in line with your request to hold up the matter of havin& a similar ordinance introduced in our Council, for the present time. Yours very truly, -�" a4 / Donald L. Laj"A Corporation `Counsel Encls. B cc City Clerk LOUIS P. SHEAHAN DIRECTOR OF LAW ROBERT E. O'CONNELL SPECIAL ASSISTANT I r ti mail GEORGE-MI. SHEPARD CITY T T ' O; ;t S.A I N T Z All: iq I� ? �ENE V. AVERY •�i ST kND HIGHWAY u ENGINEER 'O ENGINEE'1'cING COORDINATOR `s -^"' yt� • Agg `` *" "' IlfCbl IQ of�Minnesota - s tQ TESTE yy+��_� P ,.p ■t. �- \ •!�i: i:l. ", "t�.. 1! r n Is UI RINTEND�IT F SANITATION DEPARTIVm �T� O,� PU_Bi�C 11YORKS= � `-= _ _ = _ : „. ,r:r o 23.4_.Gal l& Courtovse■ (�2) *55' � ILTON RQSDN i !' 89 mil!° Commission r_, K ► !_ .IL IAM P. BEHRENS- .��y;4�' T X22 T _ ' _ May 169 1963 Hon. Mayor and Member of the City Council City of St. Paul, Minnesota Gentlemen: We are having considerable trouble with trucking firms. doing excavation work in St. Paul and leaving debris all over our streets in all sections of the City. We have been trying to find ways and means to stop this type of litter. The attached Ordinance from the City of Milwaukee may voubd extremely severe but the Commissioner of Public Works for the City of Milwaukee assured me that enforcement of this ordinance in his city has aided considerably in keeping the streets clean and the objections were not as great as might have been expected. I would like the consent of the Council that an Ordinance�t "� such as this be placed on the books so the Commissioner of Public Works can,take this kind of action. Yours truly, { �1 MILTON ROSEN r Commissioner of Public Works MR:bn Attach. • J ORDIIgM , N0. w RELATING TO LITTERIND OF STREETS, ALLEYS, SIDEWALKS AND PUBLIC PLACES r , ft SECTION 1. c e� (a) (b) rt UNLAWFUL DUMPING The Commissioner of Public Works shall make rules and regulations as to the cleaning of vehicle tires, bodies and other parts when any vehicle proceeds from a property adjacent to a public street, alley or public place onto any street, alley or public place. Any person, firm or corporation violating any such rules and regulations shall be fined not less than $10 and not more than $100 for each such violation, and on failure to pay said fine, shall be sentenced to 30 days in the county jail. No contractor shall-allow any vehicle to operate out of an_ construction site or building demolition site regardless of whether the same shall be operated by the contractor, his agents, employees, or subcontractors, in such a manner as to dump, scatter or deposit any rubbish, stones, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, twigs, shrubs, construction waste, garbage or other offensive or nauseous material on an street, alley or public place. /The Commissioner of Public'Works shall be and is hereby empowered to order any contractor to take such precautions as the Commissioner deems necessary to prevent any such materials from being deposited on the street, alley or public place,and to maintain at all times clean and dust free conditions on the street, alley or public p aces. If and in the event ► any contractor sha fail to comply wi h tie or er`o�"�he CommissionerAor�an s� °'��� police officer may °order all construction or demolition stopped. Any contractor , who continues to operate such construction or_d'emolition work after any such order of the.Commissioner or a police officer shall be fined not less than $10 and not more than $100 for each day in which he fails to comply with this order and ;on failure to pay such fine, shall, in lieu thereof, be sentenced to 30 days in the county jail. (c) This section shall not apply to construction work within the barricaded area.­of work being done in the street right -of -way pursuant to a City of Saint Paul ex- cavation permit authorizing the same or pursuant to a city contract or!by *�c,��ty forces. y.A -,•,; RULES OF THE COMMISSIONER OF PUBLIC N-W WORKS AS PROVIDED FOR IN CITY OF SAINT PAUL ORDIN- ANCE NO. ABOVE: 1. No contractor or other-person shall permit a vehicle to enter upon a public street, alley, sidewalk or other public place without first: (A) Having its tires and wheels cleaned so as not to litter or soil any street, alley, sidewalk or other public place. (B) Having any material removed from the interior or exterior of vehicle body,-.-.,' which might fall or be deposited upon any street, alley, sidewalk or public place by normal movement of vehicle in traveling over such places. f (C) Having proper tailgates such tailgates to be closed tightly at all time's�e'� while traveling along the streets in transporting dirt, sand, gravel or any other material which may tend to spill, fall, fly or be blown from r' the vehicle. 1 streets, alleys, sidewalks or public places adjacent to any building or cone.. struction or demolition site shall be maintained in a litter free and dust free condition at all times. This shall include such soiling or littering c a Sd"`y I erosion, landslides or general construction or demolition activities at any such" \ site. _ 9 ."I:t1 r� i � J .� V S� • F 7 3. Whenever a contractor is engaged in any construction, demolition or maintenance activity, it shall be his responsibility to see that none of the above rules are violated by employees, subcontractors or haulers of materials and supplies. If more than one contractor, or governmental unit is involved in work which contri- butes to the littering of streets, alleys, sidewalks or other public places in the same site or area, they shall be separately and jointly responsible for the observance of these rules. I�. If a streetfalley, sidewalk or public place should become soiled, dusty or littered through any of the aforementioned means, the person or persons respon- sible shall cause such soiling or littering to be cleaned up and dust conditions eliminated forthwith. 5. If and when the person or persons responsible fail to comply with any order of the Commissioner to clean up or to take such precautions as the Commissioner deems necessary to prevent foreign materials from being deposited on the street, alley or public place, then the Commissioner of Public Works or a police officer_ may order all ingress or egress from the site involved stopped until compliance with the Commissioner's order is effected. 6. The above rules shall not apply to construction work within the barricaded area of work being done in the street right -of -way pursuant to a City of Saint Paul excavation permit authorizing the same, or to certain emergency or other work being performed within a barricaded area pursuant to a city contract or by cer- tain emergency forces, provided that excavated material stored temporarily within the barricaded area shall not be scattered or carried or allowed to accumulate outside of such area. Page - 2 r 1st Laid over to 3rd and app A d'opted T� ' s Nays Yeas Nays \alglish Holland \Loss \Peterson— �� Rosen Mr. President Vavoulis `�Dalglish Holland Loss 1 n v `Peterson \` Rosen Mr. President Vavoulis s 21� �3 3 9 PUBLISHED U 3