CC - Item 5C - Ordinance 930 - Second Reading: Guidelines for Garbage and Rubbish Disposal - Rosemead Municipal Code SectionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MAY 14, 2013
SUBJECT: ORDINANCE 930— SECOND READING: GUIDELINES FOR GARBAGE
AND RUBBISH DISPOSAL — ROSEMEAD MUNICIPAL CODE
SECTION
SUMMARY
On April 23, 2013, the City Council introduced Ordinance No. 930, amending Chapter 8
of the municipal code relating to garbage and rubbish disposal. Ordinance No. 930 is
now before Council at the required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 930 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A — Ordinance No. 930
ITEM NUMBER:
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY COUNCIL OF
ROSEMEAD AMENDING CHAPTER 8 OF THE
ROSEMEAD MUNICIPAL CODE RELATING TO
GARBAGE AND RUBBISH DISPOSAL
WHEREAS, it is necessary to regulate the collection of solid waste from commercial
and residential premises, and to encourage recycling of solid waste materials; and
WHEREAS, the regulation of solid waste collection services in the City will promote
the public health, safety and welfare by requiring the use of newer and safer vehicles, the
regular maintenance of those vehicles, and the reduction of spillage and litter on public streets,
by establishing responsibility for the cleaning of refuse bins and containers, and by providing
for accountability to the public.
WHEREAS, Chapter 8.32 of the City of Rosemead Municipal Code, and Sections 49300
and 49500 -49524 of the Public Resources Code, authorize the City to enter into franchise
agreements for solid waste handling services with private solid waste enterprises; and
WHEREAS, Chapter 8.32 of the City of Rosemead Municipal Code establishes
requirements and procedures to provide solid waste handling services within the City of
Rosemead.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rosemead hereby repeals the existing
Chapter 8.32 of the City of Rosemead Municipal Code, including all amendments, revisions,
and interpretations contained therein.
Section 2. The City Council of the City of Rosemead hereby adds new Chapter 8.32 to
the City of Rosemead Municipal Code to read as follows:
Chapter 8.32 - GARBAGE AND RUBBISH DISPOSAL
Sections:
8.32.010 - Legislative policy.
8.32.020 - Definitions.
8.32.030 - Containers — Duties of householders and commercial customers.
8.32.040 - Miscellaneous debris.
8.32.050 - Other storage prohibited—Private property composting.
8.32.060 - Dumping rubbish in public or private places.
8.32.070 - Duration of storage.
8.32.080 - Collection responsibility.
8.32.090 – Self Hauling Permit
ermit
8.32.100 – Franchise — Garbage and rubbish collection charges.
8.32.110 – Billing and collecting.
8.32.120 – Collection and removal — Additional requirements.
8.32.130 – Miscellaneous disposal prohibitions.
8.32.140 – Special permits.
8.32.150 - Conflict of provisions.
8.32.160 - Collection and transportation of municipal solid waste and recyclable materials by
unauthorized persons prohibited.
8.32.010 - Legislative policy.
The City Council does find and determine that the storage, accumulation, collection and
disposal of garbage, trash, rubbish, debris and other discarded matter, goods and materials is a
matter of great public concern, in that improper control of such matters can lead to air pollution,
fire hazards, insect breeding and rat infestation and other problems affecting the health, welfare
and safety of the residents of this and surrounding cities. The City Council further declares the
following:
1. In order to meet the requirements of the California Integrated Waste Management
Act of 1989 (Public Resources Code Section 400000, et seq.), including source
reduction of the solid waste stream, diversion of solid waste from landfills and
conservation of natural resources, it is necessary to regulate the collection of solid
waste from commercial residential, and industrial premises, and to encourage
recycling of solid waste materials.
2. The mandates of the Southern California Air Quality Management District, and
other regulatory agencies, concerning air pollution and traffic congestion
management, require the regulation and, where possible, reduction in the number of
waste collection vehicles and vehicle trips which cause the discharge or air
contaminants and create air pollution.
3. A reduction in the number of waste collection vehicles using the City streets daily
will reduce traffic hazards and congestion, extend the life of the streets, and
promote safety.
4. The regulation of solid waste collection services in the City will also promote the
public health, safety and welfare by requiring the use of newer and safer vehicles,
the regular maintenance of those vehicles, and the reduction of spillage and litter on
the public streets, by establishing responsibility for the cleaning of refuse bins and
containers, and by providing for accountability to the public.
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5. The public health, safety and welfare will best be served by providing for one or
more exclusive contracts for residential and commercial solid waste collection
services, subject to the limited rights of state facilities to use a collector other than
the collector with an exclusive contract.
6. This chapter is enacted by the City Council pursuant to the following statutory
authorization and in order to accomplish the objectives set forth in this chapter:
1. Public Resources Code Section 40059 authorizes the City to determine:
a.All aspects of solid waste collection which are of local concern,
including, but not limited to, frequency of collection, means of
collection and transportation, level of services, charges and fees, and
nature, location and extent of providing solid waste collection
services; and
b.Whether the services are to be provided by means of nonexclusive
contract, contract, license, permit, or otherwise, either with or
without competitive bidding, or if, in the opinion of its governing
body, the public health, safety and well -being so require, by partially
exclusive or wholly exclusive contract, contract, license, permit, or
otherwise, either with or without competitive bidding.
2. Public Resources Code Section 49300 provides that the City may, pursuant
to terms and conditions as may be prescribed by its legislative body, contract
for the collecting or disposal, or both, of garbage, waste, refuse, offal,
trimmings, or other refuse matter.
3. Public Resources Code Section 49501 provides that the City may take
action, whether by franchise, contract, license, permit, or otherwise,
whereby the City itself, or one or more other local agencies or solid waste
enterprises is authorized or permitted to have the exclusive right to provide
solid waste collection services of any class or type within all or any part of
the territory of the City.
4. It is the intent of this chapter to set forth terms and conditions pursuant to
which authorization may be granted by the City Council to provide solid
waste handling services, and to promote the public health, welfare and safety
of the community by establishing reasonable regulations relating to the
storage, accumulation, collection and disposal of garbage, trash, rubbish,
debris and other discarded matter, goods and material.
(Prior code § 5401)
8.32.020 - Definitions.
As used in this chapter:
"Act" or "AB 939" means the California Integrated Waste Management Act of 1989,
codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as
implemented by the regulations of the California Department of Resources Recycling
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and Recovery (CalRecycle), or its successor agency.
"Agreement" or "Franchise Agreement" means a written Agreement between the City
and Contractor.
"Bin" or "Bins" means those open -top rectangular metal containers provided by
Contractor, with wheels, with or without plastic or metal lids, used for collection and
storage of Municipal Solid Waste, Recyclable Materials, Green Waste, Construction and
Demolition Debris, or other materials to be collected by Contractor. Typical sizes of
bins include 1.5, 2, 3, 4 and 6 cubic yards. Bins are collected by a front load vehicle
equipped with metal forks that are inserted into metal channels on either side of the Bin
in order to lift Bin, empty the contents into the body of the vehicle, and return the Bin to
the ground.
"Box" means a large open -top rectangular metal containers used to store and transport
Municipal Solid Waste, Recyclable Materials, Green Waste, Construction and
Demolition Debris, or other materials, collected using a special vehicle equipped with
hooks and a winch to pull the box onto the flat bed of the truck for transport.
"Bulky Items" means furniture, household appliances, carpets, mattresses, automobile
tires, shipping creates and containers, oversized yard waste such as tree trunks and large
branches if no larger than two feet (2') in diameter and four feet (4') in length, and other
large bulky or heavy objects not normally discarded on a regular basis at residential,
commercial or business establishments. Bulky Items do not include
construction/demolition debris or consumer electronics, such as televisions, radios,
computers and monitors which are regarded as Universal Waste Electronic Devices, the
disposal of which is governed by the Department of Toxic Substances Control.
"Cart" or "Carts" means those 32, 64 or 96- gallon containers with hinged lids
provided by Contractor for the collection of Municipal Solid Waste, Solid Waste,
Recyclable Material, and Green Waste.
"City" means the City of Rosemead, California, and all of the territory lying within the
municipal boundaries of the City as presently existing or as such boundaries may be
modified.
"City Representative" means the Director of Public Works, or designee, authorized to
administer and enforce the provisions of this Chapter.
"Collection" means the taking of physical possession of Municipal Solid Waste or _
Recyclable Materials from Customer premises and transporting it to the Materials
Recovery Facility, Compost Facility, Construction Demolition and Debris processing
facility, or Landfill.
"Commercial Customer" means all premises in the City, other than Residential,
Multifamily, or where Solid Waste, Recyclable Materials, and Organic Waste are
generated or accumulated. The term "Commercial Customer" includes, but is not limited
to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and
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manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent
centers and nursing homes (non - medical waste).
"Construction and Demolition Materials" or "C &D Materials" means discarded
building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1)
(rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction
and demolition materials, packaging, plaster, drywall, rubble resulting from
construction, remodeling, repair and demolition operations, but does not include
asbestos - containing materials.
"Container" means Cart, Bin, or Debris Box.
"Contractor" means any person, firm, business or corporation with whom the city may
have a contract or to whom the city has granted a franchise for the collection, removal
and disposal of garbage, waste or rubbish in the city.
"Contamination" means materials which are not specified for collection in particular
containers or for processing at either a materials recovery facility and which would
either interfere with such processing or reduce the quality and value of the recovered
materials. For example, for purposes of collection, metals and plastics would constitute
"contamination" if placed in a green waste container and tree trimmings would
constitute "contamination" if placed in a recyclable materials container.
"Customer" means the owner, occupant or user of premises at which Municipal Solid
Waste or recyclable materials are generated and then collected by Contractor.
Customers include Residential Customers, Multifamily Customers, and Commercial
Customers.
"Disposal" means the burying of Municipal Solid Waste at a permitted landfill or
transformation at a permitted facility as further defined in Section 40192 of the
California Public Resources Code.
"Disposal Site" means such place or places specifically designated by the Contractor for
the disposal, or processing as appropriate, of Municipal Solid Waste and other materials
as appropriate.
"Franchise" means the exclusive right and privilege granted by Agreement.
"Green Waste" means leaves, grass clippings, brush, branches and other forms of
organic materials generated from maintenance or alteration of landscapes or gardens _
including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and
weeds and incidental pieces of scrap lumber, separated from the Solid Waste Stream.
"Green Waste" does not include stumps or branches exceeding four inches (4 ") in
diameter or four feet (4') in length, or palm fronds, or yucca, which are not suitable for
composting. "Green Waste" is not a "Recyclable Material" but may be a form of Solid
Waste if discarded into the waste stream.
"Hazardous Waste" means any waste materials or mixture of wastes defined as a
"hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and
Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. §§ 9601 et seq., the
Carpenter- Presley - Tanner Hazardous Substance Account Act ( "HSAA" ), codified at
California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act
of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes
of 2004; AB 575, Wolk, Chapter 59, Statutes of 2011), laws governing Universal Waste,
including, but not limited to, Universal Waste Electronics Devices ( "UWED "), non-
empty aerosol cans, fluorescent tubes, high- intensity discharge lamps, sodium vapor
lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries
(rechargeable nickel- cadmium batteries, silver button batteries, mercury batteries, small
sealed lead acid batteries, alkaline batteries, carbon -zinc batteries and any other
batteries which exhibit the characteristic of a hazardous waste), mercury thermometers,
mercury- containing switches, and all future amendments to any of them, or as defined
by Cal Recycle or the Department of Toxic Substances Control, or by their respective
successor agencies. If there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous
Waste" shall be construed to have the broader, more encompassing definition.
"Householder" means a person owning, renting or otherwise holding and occupying a
house or place of abode, including a trailer, apartment or motel unit with kitchen, singly
or with his or her family.
"Household Hazardous Waste" means materials generated at the premises of
Residential or Multifamily Customers that cannot be lawfully deposited in a Landfill,
such as dry cell household batteries; cell phones and PDAs; used motor oil; used oil
filters, fluorescent light bulbs; E- Waste; cleaning products, pesticides, herbicides,
insecticides, and certain paints, automotive products, solvents, stripper, adhesives, and
Universal Waste.
"Miscellaneous debris" shall be deemed to include any and all trash, rubbish, debris or
other abandoned or discarded materials not otherwise provided for under the foregoing
definitions, or as expressly excepted therefrom, except dead small animals, animal
excreta and garbage.
"Multi- Family Dwelling" or "MFD" means a building, dwelling unit or complex
containing multiple dwelling units that house five (5) or more residences. Apartment
complexes, condominiums, townhouses and similar configured housing complexes are
included.
"Municipal Solid Waste means all fractions of discarded solid, semi -solid and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
construction/demolition debris, discarded home and industrial appliances, manure,
vegetable or animal solid wastes, and other discarded substances or materials.
"Recyclable Materials" is a part of the waste stream that can be reused or processed
into a form suitable for reuse through reprocessing or remanufacture, consistent with the
requirements of AB 939. The following list may be modified, by the mutual agreement
of City and Contractor memorialized in writing executed by both Parties. Recyclable
Materials includes, but is not limited to the following:
Aluminum cans;
Glass jars and bottles;
3. Steel, bi -metal and tin cans, and empty aerosol containers;
4. Plastic soft drink bottles and other Type #1 containers (PET - polyethylene
terephthalate);
5. Plastic milk and water jugs and other Type #2 containers (HDPE -high
density polyethylene);
6. Type #3 plastic containers (V- polyvinyl chloride);
7. Type #4 plastic containers (1,DPE -low density polyethylene);
8. Type #5 plastic containers (PP- polypropylene);
9. Type #6 plastic containers (PS- polystyrene);
10. Type #7 plastic containers (other and commingled);
11. Film plastic, e.g., plastic bags, shrink wrap; plastic toys and tools, and
other plastic materials (if readily identifiable as being recyclable);
12. PVC pipe;
13. Juice boxes and milk cartons (aseptic packaging, Tetra Pak ®, and waxed
cardboard);
14. Detergent containers;
15. Scrap metal, coat hangers and metal foil;
16. Newspapers and telephone books;
17. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback
books, cereal boxes, envelopes, paper shopping bags and non - metallic wrapping
paper);
18. Corrugated cardboard and chipboard;
19. Chlorofluorocarbons (when collected as Bulky Items);
20. Tires (when collected as Bulky Items;) and
21. Wood (incidental scrap pieces if set out for collection with Green Waste,
and larger quantities when collected as Bulky Items ).
"Residential Customer" means a Customer at a detached dwelling, or each unit of a
duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home of
permanent character placed in a permanent location.
"Self Haul" means the authorized removal of Municipal Solid Waste materials by a
owner, occupant or other person responsible for the day -to -day operation of an
individual single - family residential unit.
"Self Haul Permittee" means a Householder who holds a valid Self Haul permit from
the City.
"Scavenging" means the unauthorized removal of Recyclable Materials. Scavenging is
prohibited by Public Resources Code § 41950.
"Streets" shall mean all dedicated public rights -of -way within the existing or future
corporate limits of the City.
"Storage" includes the accumulating, maintaining, dumping, abandoning, storing,
collecting or other gathering, stacking or piling, other than in a mercantile building or in
a dwelling unit, which latter places shall be regulated by the fire prevention code.
"Universal Waste" means and includes, but is not limited to, Universal Waste
Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of
the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other
Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent
tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp
exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel - cadmium
batteries, silver button batteries, mercury batteries, small sealed lead acid batteries
[burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries
and any other batteries which exhibit the characteristic of a hazardous waste), mercury
thermometers, and mercury- containing switches. Also see Section 15 of this Agreement.
"Work Days" means the days Monday through Friday, during the hours of 7:00 a.m. to
5:00 p.m., which is the general period Contractor provides regular collection services.
(Amended during 1999 codification; prior code §§ 5402, 5415)
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8.32.030 - Residential and Commercial Collection Services
A. To protect public health, safety and well -being and to prevent the spread of vectors, it is
unlawful and a public nuisance for any person to occupy, inhabit, maintain, or to be in
day -to -day control of any premises within the City for which arrangements have not
been made for regular collection and removal services for solid waste.
B. It shall be the duty of Residential and Commercial Customers to utilize containers as
provided by the city's contractor except for large, Bulky Items placed for collection
consistent with the requirements of the Contractor. Except when placed for collection as
otherwise provided herein, no container shall be placed in any area, street, parkway or
other public place or upon any private lot or parcel of land other than in the rear or side
yard of improved lots. Such containers shall be placed by the Residential or Commercial
Customer not earlier than six (6) p.m. of the day preceding collection and shall be
removed from the collection place not later than twelve (12) a.m. on the day after
collection.
C. Residential Customers:
1. When the Residential Customer's property is contiguous to a public alley; all
containers shall be placed at the alley property line in one and the same location;
2. When the Residential Customer's property is not contiguous to a public alley; all
containers shall be placed in the public parkway or at the curb line in one and the
same location.
D. Commercial Customers and Multi - Family Dwellings:
1. When the rear or side of the establishment is accessible to Contractor's
equipment and when personal injury or property damage is unlikely to result
from the operation of contractor's equipment; all containers and articles for
collection shall be placed at the rear, or when appropriate, at the side of the
establishment in one and the same location;
2. When the rear or side of the establishment is inaccessible to Contractor's
equipment or when personal injury or property damage is likely to result from
the operation of contractor's equipment; all containers and articles for collection
shall be placed in the public parkway or curbside at one and the same location.
E. Temporary Bin or Box Service. The city's Contractor(s) is /are the exclusive franchised
provider(s) and the only hauler(s) authorized to provide regularly scheduled and one-
time special container (bin or roll -off) service to any residential or commercial premises
requesting such service, provided however, that any Contractor(s) or other person may
haul, in their own trucks, and properly dispose of any debris from a jobsite in the city. If
the Contractor(s) or other person utilizes a waste hauling service, he must utilize the
services of the city's franchisee.
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1. Encroachment Permit Required. Upon rental of a temporary bin or box, such
residential or commercial premises requesting such service shall be required to
obtain a City encroachment permit and pay an encroachment permit fee to
temporarily place the bin or box in the public right -of -way.
8.32.040 - Miscellaneous debris.
Miscellaneous debris, unless accumulated or stored in containers as hereinabove provided,
shall be stored or accumulated only in stacks or piles not in excess of two cubic yards total,
which stacks or piles shall be:
A. Separated from any other stack or pile and from any building, structure or other
combustible material by a sufficient distance so as not to create a fire hazard, provided
that in any event such separation shall at all times be not less than five (5) feet;
B. Shall not be located in any street, alley, parkway or other public place or in, or upon
any vacant or unimproved lot; and
C. Shall be located only in the rear or side yards of improved lots in a place shielded from
winds which may scatter the same and also shielded from the view of neighboring
properties and streets.
(Prior code § 5405)
8.32.050 - Other storage prohibited — Private property composting.
Other than as hereinabove set forth it is unlawful for any person to dump or otherwise
dispose of or to store or accumulate any Municipal Solid Waste garbage, combustible or
noncombustible rubbish, miscellaneous debris or combined rubbish on any private property in
the city, except that the storage of leaves, grass clippings and the like may be permitted for the
purpose of composting. The following rules and regulations are prescribed as health and safety
precautions for composting, and violation of any such rules or regulations shall be deemed to
constitute a misdemeanor.
A. Location. Composting shall be located in rear or side yards of improved lots only, and
shall not be located in any street, alley, parkway or other place, or in or upon any
private unimproved lot, unless such lot adjoins the improved property of the owner
thereof.
B. Contents. Composting shall consist only of organic waste materials such as leaves,
small twigs, grass clippings and other vegetable matter except garbage.
C. Receptacles. Composting shall be contained and maintained in either:
1. A pit, hole or other earth depression excavated for such purpose; in which case the
contents shall always be maintained below natural surrounding ground level;
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2. Shall be maintained in plastic, metal, or wood containers not in excess of three feet
in height. Such receptacles or pits shall not be maintained within five feet of any
property line or structure. Composting may also be maintained in open stacks or
piles not in excess of three feet in height but only in the event such stacks or piles
are maintained not less than fifty (50) feet from any property line or structure.
D. Covering and Maintenance. Composting must at all times be covered with at least one-
half inch of soil, or other non - organic or chemical covering, first approved by the City
Representative, designed to prevent the harboring of rodents, the breeding of flies and
the emission of odors. All composting must be kept moist at all times until
decomposition is completed.
E. Miscellaneous Rules. No hardwood branches, second season growth, or other twigs,
limbs or branches in excess of one - fourth inch in diameter or two feet in length shall be
permitted in any composting.
(Prior code § 5406)
8.32.060 - Dumping rubbish in public or private places.
Except as otherwise provided in this chapter, it is unlawful for any person to dump, discard,
abandon or otherwise deposit any Municipal Solid Waste in or upon any public or private
property within the city, including any vacant lot or in, on or upon any public street, alley,
parkway, park or other public place or in or upon any flood water channel, any channel or
structure tributary to any flood water channel, any easement or right -of -way for flood water
channel purposes, or in or upon any place in the city where the natural flow of stormwater might
carry the same to any such flood water channel or structure.
(Prior code § 5407)
8.32.070 - Duration of storage.
It is unlawful for any person to store or accumulate any Municipal Solid Waste, in any
container or at any location other than as hereinabove set forth, or for any length of time other
than as follows:
A. Municipal Solid Waste shall not be accumulated or stored for a period of time in
excess of:
Commercial zone areas: forty -eight (48) hours. (Sundays and holidays excepted).
2. All other areas: one week.
B. Combustible or noncombustible rubbish and miscellaneous debris shall not be stored or
accumulated for a period of time in excess of one week.
C. Combined rubbish shall not be accumulated or stored for a period of time in excess of:
Commercial zone areas: forty -eight (48) hours. (Sundays and holidays excepted.)
2. All other areas: one week.
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D. The above periods of time which end in any week in which a holiday occurs are
extended one additional day.
(Prior code § 5408)
8.32.080 - Collection responsibility.
A. Except as otherwise provided in this chapter, it is unlawful for any person other than
the contractor as defined in this chapter, or the city, to gather, collect or remove, any
Municipal Solid Waste garbage or rubbish from any residential or commercial
premises within the city, or to tamper with, injure, destroy or remove any bin,
container, or any other equipment used for refuse storage.
B. Exclusions. In all cases where the right to an exclusion pursuant to this chapter is
exercised, disposal shall be made at a transfer station, material recovery facility,
landfill, or other waste processing or disposal facility which meets all applicable
regulatory requirements and may include the following:
1. Gardeners, roofers, and other "niche" recycling services.
2. Self Hauling. Upon request, a householder may apply for a permit to self haul
municipal solid waste, recyclable materials, bulky waste and green waste. Such
permit will be issued as defined in Section 8.32.090 and include a fee as described
in the City's fee schedule.
3. Vacant Properties. Any owner of vacant property who does not use the solid waste
collection services offered by the contractor, for the period of time the property is
vacant. Vacant property means any real property in the City which, for a period of
thirty (30) days or longer, shows no activity on the water meter.
(Prior code § 5409)
8.32.090 — Self Hauling Permits
A. Permit required. Every Householder who desires to self -haul in lieu of making
arrangements for the collection of solid waste, recyclables and compostables shall
obtain a self -haul permit prior to commencing self - hauling.
B. Term. A permit to self -haul shall be good for one calendar year, or such part of the
calendar year that is remaining after the issuance of the permit. All self -haul permits
shall expire on December 31, and may be renewed annually. An application for a
renewal permit shall be filed at least 60 days prior to the expiration date of the
permit to allow adequate time for processing, inspection and verifications required to
issue the permit.
C. Issuance of permit. The City shall deem an application complete upon the production
of the items listed below:
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1. Applicant files an application, on a form approved by the director, with all
required information supplied. Failure to provide all required information
will result in the director rejecting the application as incomplete.
2. The applicant produces for inspection the vehicle the applicant intends to use
for hauling solid waste, recyclables and compostables, and the vehicle meets
the following standards:
a. The vehicle has the capacity to haul a minimum of 32 gallons (4.3
cubic feet) of solid waste, recyclables or compostables;
b. The vehicle is capable of safely hauling solid waste, recyclables
and disposables in a safe and sanitary manner so that such matter
will not spill, leak, drip, blow, scatter or fall from the vehicle;
C. If the vehicle is not fully enclosed, the applicant produces a tarp
or other material that will be used to completely secure the
materials being self - hauled.
3. The applicant produces evidence that he or she owns or leases the vehicle or
has a written agreement to use the vehicle for the hauling of solid waste,
recyclables and compostables;
4. The applicant produces evidence that he or she has a valid California driver's
license to operate the vehicle produced for inspection and that the vehicle is
registered in the State of California;
5. The applicant provides the city with a certificate of automobile insurance for
the vehicle;
6. The vehicle is operational and meets all applicable Vehicle Code standards;
7. The applicant provides the city with proof that the applicant has containers for
the storage of solid waste, recyclables and compostables on the applicant's
property before the materials are hauled to a disposal facility; and
8. The applicant pays the fee for a self - hauling permit authorized by resolution
of the City Council. Permits issued between January 1 and March 31 shall pay
100 percent of the permit fee; permits issued between April 1 and June 30
shall pay 75 percent of the permit fee; permits issued between July 1 and
September 30 shall pay 50 percent of the permit fee; permits issued between
October 1 and December 31 shall pay 25 percent of the permit fee.
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D. Appeal of denial. An applicant whose application for a self - hauling permit has been
denied may appeal that decision. An appeal may be filed with the city clerk within
ten (10) days of the date the applicant was notified of the denial. Appeals shall be
heard by the city manager. The decision of the city manager is final.
E. Operational standards.
1.
Self Haul Permittees shall dispose of Municipal Solid Waste weekly
and shall procure and retain weekly receipts from any licensed or
permitted landfill or other licensed or permitted disposal facility.
Receipts shall be submitted to the city for the preceding one - quarter
calendar year on a quarterly basis upon reasonable request by
appropriate city authority. Failure to show proof of Municipal Solid
Waste disposal for each week that a person is permitted to self -haul
shall constitute a public health and safety nuisance sufficient to
permit city to revoke the permittees' self - hauling permit.
2.
Self Haul Permittees must notify the city of any change in the vehicle
being used to haul solid waste, recyclables or compostables by the
permittee. Self Haul Permittees shall bring the new vehicle in for an
inspection and demonstrate compliance with items 2. through 6.of
paragraph C. of this section before the new vehicle is used to haul any
materials under the permit.
3.
Self Haul Permittees shall keep on file with the city copies of the
current automobile insurance and registration for the vehicle used to
self -haul and the permittee's current California driver's license. Self
Haul Permittees shall provide proof to city of renewed automobile
insurance, vehicle registration, and California driver's license within
five days of expiration of respective document.
4.
Self Haul Permittees shall separate and bag Municipal Solid Waste.
5.
Self Haul Permittees shall be liable for any damages and clean-up
costs resulting from any solid waste, recyclables or compostables
spilling, leaking, dripping, blowing, scattering or falling during the
course of the permittees' self - hauling activity.
F. Revocation of permit. The permit shall be subject to revocation if the Self Haul
Permittee violates any provision of this chapter. A notice of revocation shall be
mailed to the permittee informing them that their self - hauling permit is being
revoked, identifying the violations of this chapter that have occurred, and informing
the permittee that he or she has the right to dispute the revocation by an appeal to the
city manager. An appeal of a revocation must be filed within five (5) days of the
mailing of notice of the revocation. A revocation appeal hearing will be scheduled
within ten (10) days of the date the city receives the request for an appeal. The city
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manager will issue a decision on the appeal within five days of the hearing and
provide the permittee written notice of the decision. The decision of the city manager
on the appeal shall be final.
8.32.100 — Franchis"arbage and Rubbish Collection Charges.
The city may from time to time enter into contracts or exclusive, non - exclusive or partially
exclusive franchise agreements regarding the collection of Municipal Solid Waste from
commercial and residential property. So long as any such contract or franchise agreement
remains in force, collection of the materials provided for therein may be made only in
accordance with the terms and conditions thereof.
There are fees and charges for the collection, removal and disposal of Municipal Solid
Waste within the city. Such fees and charges for such collection, removal and disposal services
shall be those which are set by the Contractor and capped by the City as established by the
terms and conditions of a franchise agreement approved by the City Council.
The occupant of each place or premises shall be primarily liable for payment of all such
fees and charges. Should the occupant thereof fail to pay all such fees and charges before the
same become delinquent, then and in such event the owner of such place or premises shall be
liable for the payment of all such fees and charges, including any delinquency.
(Prior code § 5410)
8.32.110 - Billing and Collecting.
Every residential occupant or owner of property in the city shall be billed periodically in
advance, either monthly or quarterly, by the contractor, for the charges incurred by the
collection of garbage, rubbish and other refuse. Commercial accounts shall be billed to the
customer on the first of the month for the previous month's service.
A. Should any Residential Customer fail, refuse or neglect to pay any such bill within
sixty (60) days after the date that the same is rendered, then in that event a penalty may
be ,applied as further described in the City's franchise agreement for collection
services.
B. Should any Commercial or Multi- Family Customer fail, refuse or neglect to pay any
such bill within thirty (30) days after the date that the same is rendered, then in that
event a penalty equal may be applied as further described in the City's franchise
agreement for collection services.
C. Should the Residential, Commercial or Multifamily Customer of any property in the
city, fail or refuse to pay in accordance with the provisions hereinabove the fee
assessed for the collection of Municipal Solid Waste, the failure to pay may not result
in the noncollection of garbage, rubbish and other refuse. In the event that there is
nonpayment, the contractor shall cause collection of such nonpayment to be made,
including the expenses and charges of collection, including penalties.
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D. The contractor shall make all reasonable efforts to diligently pursue and collect all fees
and charges due the contractor for rendering such services. In event of delinquency, the
contractor shall also notify, in writing, the owner of the property.
E. G. Any Residential, Commerical or MultiFamily Customer, who has been billed for
refuse collection service, and who desires to contest the extent, degree or
reasonableness of the charges, shall make payment of such charges under protest and,
at the same time, file a written statement of such protest to the contractor. Within thirty
(30) days after the date of filing, the contractor shall notify the protestant of his or her
findings and adjudication and adjustment in the matter.
(Prior code § 5410.1)
8.32.120 - Collection and Removal— Additional Requirements.
A. No person shall, for hire, collect, gather, remove, transport or carry any Municipal Solid
Waste from any premises in the city, over, on or through any public street, alley or parkway
of the city without first having a city business license and franchise with the city to collect
and remove the same. No such license shall be issued until the City Manager shall cause to
have inspected and approved the collection vehicles.
B. The foregoing limitations set forth in this section shall not apply to the hauling or disposal
of grass clippings, prunings, trees and other discarded materials shall have been occasioned
by and the hauling or disposal thereof is incidental to a separate and distinct business
operation, such as that of tree trimmers, gardeners and builders.
C. No collector of garbage, combustible or noncombustible rubbish, miscellaneous debris or
combined rubbish shall drop or spill or permit to be dropped or spilled any such matter on
any private or public property in the city during the course of collection.
D. Collection shall not be conducted by any person other than between six a.m. and five p.m.
nor shall collection be conducted on Sundays or legal holidays.
E. Each truck, van, trailer or other vehicle used for collection for hire shall bear the name of
the owner or operator thereof set out legibly in letters not less than three inches in height
and permanently imprinted on the exterior door or paneling in a place readily viewable, in
contrasting color.
F. No collection vehicle shall remain stopped or standing on any public street for any period
of time in excess of fifteen (15) minutes at any one location, without first having informed
the Chief of Police or other officer designated by the City Council of the intention to do so.
G. Every collection vehicle shall comply with all laws, including the traffic regulations of this
city, of the state of California, and of other applicable agencies.
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H. No person shall collect, gather, remove, transport or carry any garbage, combustible or
noncombustible rubbish, miscellaneous debris or combined rubbish for hire from any
premises in the city over, on or through any public street, alley or parkway of the city
without first having furnished satisfactory evidence to the City Manager that such person
carries at all times public liability insurance with a company licensed to do business in the
state of California covering liability for injuries or deaths and property damage, arising out
of or in connection with the operations of such person, in an amount not less than Ten
Million Dollars ($10,000,000.00) aggregate and Five Million Dollars ($5, 000,000.00) per
occurrence, per year. Coverage over One Million Dollars ($1,000,000) per occurrence and
Two Million Dollars ($2,000,000) in the aggregate may be provides though an excess or
umbrella policy.. The City Clerk shall not issue any business license to any person who is
subject to the foregoing requirements and who fails to comply therewith, and shall revoke
any business license issued to any such person who so fails to comply.
(Amended during 1999 codification; prior code § 5411)
8.32.130 - Miscellaneous disposal prohibitions.
It is unlawful for any person to bury any garbage, combustible or noncombustible rubbish,
miscellaneous debris or combined rubbish or to place the same in any hole or excavation in the
city, whether on private or public property. The sweeping, washing, or placing of leaves,
clippings or similar debris into a public street or alley is prohibited.
(Prior code § 5412)
8.32.140 - Special permits.
The City Council declares that there may from time to time occur situations where unusual
topography, land improvements, or other conditions exist on any residential or business lot
which render some of the provisions of this chapter unnecessary in order to provide adequate
protection against air pollution, fire hazard, rat infestation, the breeding of flies, the orderly
collection of rubbish, and other problems relating to the health, welfare and safety of the
residents of this city.
It is therefore provided that any owner, manager, occupant or person in possession of any
premises in this city may file an application with the City Manager for exemption or exception
from any of the requirements of this chapter. Such application shall be directed to the attention
of the City Manager, who shall have the authority to grant such exceptions after endorsing on
such application his or her findings as to the effect of such exceptions on the intent expressed in
the legislative policy of this chapter and as the same may relate to the orderly collection of
rubbish within this city. Such exceptions may be granted by way of a special permit which shall
be effective until revoked by action of the aforementioned City Manager, upon which
revocation the provisions of this chapter shall immediately be in force and effect with regard to
such premises; provided, however, that no exemption or exception shall be granted as to Section
8.32.060 or 8.32.110.
(Prior code § 5413)
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8.32.150 - Conflict of provisions.
Pursuant to the provisions of Chapters 5.04, 5.20, 5.24, 5.40, 5.44 and 5.48, Ordinance No.
5860 of the County of Los Angeles, entitled "An Ordinance Regulating and Licensing Business
and Other Activities," is adopted as a part of this code. To the extent that the provisions of this
chapter, or of any franchise agreement entered into with a contractor pursuant to the provisions
of this chapter shall conflict with said Ordinance No. 5860, the provision of this chapter and of
such franchise agreement shall control.
(Prior code § 5414)
8.32.160 - Collection and transportation of municipal solid waste and recyclable materials
by unauthorized persons prohibited.
A. No person, other than employees or authorized contract agents of the city shall remove
from any place or premises in the city, any recyclable material, as defined by Section
8.32.020, placed within the city's right -of -way or in the vicinity of any curb or refuse bin
for collection. Violation of this provision shall be an infraction with a maximum fine of
two hundred fifty dollars ($250.00.)
B. Removal. In the event the City determines that the condition or placement of a bin
constitutes a dangerous condition or obstruction, or that a bin has been placed in the public
right -of -way without a valid franchise, the City may cause the bin to be removed
summarily and without a hearing. An administrative citation shall be served upon the
person who owns the bin within twenty four (24) hours of removal and if the owner cannot
be identified, the bin shall be treated as abandoned property.
Section 3. Publication The City Clerk shall certify as to the adoption of this Ordinance
and shall cause a summary thereof to be published within fifteen (15) days of the adoption and
shall post a certified copy of this Ordinance, including the vote for an against the same, in the
Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED AND ADOPTED this 14`" day of May, 2013, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
lu.
Polly Low
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVE AS TO FORM:
Rachel Richman
City Attorney
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