ORD 314ORDINANCE NO. 314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, REVOKING CHAPTERS 6.04
AND 6.05 AND ESTABLISHING REVISED CHAPTERS 6.04
AND 6.05 OF THE LA QUINTA CHARTER AND MUNICIPAL
CODE WHICH SETS FORTH REFUSE DISPOSAL AND
RECYCLABLE MATERIALS
WHEREAS, due to changes in the law, it is necessary to update the waste
regulations for La Quinta;
WHEREAS, the proposed revisions will be for the benefit of the health,
welfare, and safety of the citizens of La Quinta.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
La Quinta, California does ordain as follows:
Section 1. That the Recitals set forth above are true and correct and are
incorporated herein by this reference.
Section 2. That prior Chapter 6.04 to the La Quinta Charter and Municipal Code
entitled "Refuse Disposal" is hereby revoked.
Section 3. That prior Chapter 6.05 to the La Quinta Charter and Municipal Code
entitled "Recyclable Materials" is hereby revoked.
Section 4. That a new Chapter 6.04 to the La Quinta Charter and Municipal Code
entitled "Refuse Disposal" is hereby established as fully set forth in Exhibit "A" attached
hereto and incorporated herein by reference.
Section 5. That a new Chapter 6.05 to the La Quinta Charter and Municipal Code
entitled "Recyclable Materials" is hereby established as fully set forth in Exhibit "B"
attached hereto and incorporated herein by reference.
EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days
after its adoption.
POSTING. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be posted in at least three public places
designated by resolution of the City Council and the same shall be in full force and effect
immediately after its adoption, and shall cause this Ordinance and its certification, together
with proof of posting, to be entered into the Book of Ordinances of this City.
F:\CITYCLRK\COUNCIL\PLANNING\Ord 314 Refuse Disposal.w4
Ordinance 314
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on this 17T" day of February, 1998, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
F1, �' 0'� ,,
JOHN J ENA yor
City of La Quinta, California
U
8AUNDRA L. JIJHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
4aizis.,� azaztw
DAWN C. HONEYW LL, City Attorney
City of La Quinta, California
F:\CITYCLRK\COUNCIL\PLANNING\Ord 314 Refuse Disposal.wpc2
Chapter 6.04
REFUSE DISPOSAL
Sections:
6.04.010
Refuse disposal services by City.
6.04.020
Definitions.
6.04.030
Refuse collection service —Mandatory.
6.04.040
Containers —Provision required —Adequacy.
6.04.050
Frequency of collection.
6.04.060
Container specifications.
6.04.065
Container storage.
6.04.070
Improper keeping of refuse as nuisance.
6.04.080
Removal prohibited when.
6.04.090
Noncompactible solid waste.
6.04.100
Unlawful use of trash receptacles.
6.04.110
Burning of refuse prohibited.
6.04.120
Special pickups.
6.04.130
Establishment of pickup schedules.
6.04.135
Establishment of service rates.
6.04.140
Unauthorized collectors.
6.04.150
Unauthorized removal of rubbish.
6.04.160
Collector and trucks.
6.04.170
Unauthorized use of containers of another.
6.04.010 Refuse disposal services by City.
The City shall provide for and furnish services relating to collection, transfer, and disposal
of solid waste and refuse within and throughout the City. Such services will be furnished through
grant of franchise by an independent contractor in the business of collection, transportation, and
disposal of municipal solid waste.
6.04.020 Definitions.
For purposes of this chapter:
A. "Collector" means the contractor in the City's Franchise Agreement for the collection,
transportation and disposal of municipal solid waste.
B. "Franchise Agreement" means the current agreement between a Collector and the City for
the collection, transportation and disposal of MSW.
C. "Municipal Solid Waste" or "MSW" means all nonrecyclable waste matter and material
as further defined in the City's Franchise Agreement.
6.04.030 Refuse collection service —Mandatory
A. Every person who owns, and every person who occupies, any developed real property
within the City, whether at a residential location or otherwise, shall make or cause to be made with
the City's Collector for appropriate arrangements for regular refuse collection services, .and it is
PAPLANNING\MChapter 6.04&6.05 (La Quinta 1-95)
unlawful for any such person to fail, refuse or neglect so to do. An occupant of property shall be
deemed to have complied with this subsection if the owner of the property has caused to be made
such appropriate arrangements for collection of refuse upon all portions of the property occupied by
said occupant. An owner of property shall be deemed to have complied with this subsection if an
occupant or occupants has or have caused to be made such appropriate arrangements for collection
of all refuse upon all portions of said property.
B. It is further unlawful, and a public nuisance, for any person to occupy or inhabit any
property within the City for which appropriate arrangements have not been made and kept in full
force and effect for regular MSW collection services, in compliance with subsection A of this
section.
C. Every person having a duty, pursuant to subsection A of this section, to make or cause
to be made arrangements for regular MSW collection services shall be liable for payment of the
appropriate service fees and charges therefor to the same extent and at the same times, irrespective
of whether such person has or has not made the appropriate arrangements for collection services in
compliance with subsection A of this section. Whenever the fees or charges for such services have
not been paid when due, all of the persons mentioned in subsection A shall be jointly and severally
liable for payment thereof (together with any applicable penalties and interests) irrespective of which
person may have made any existing arrangements for collection services, provided that an occupant
of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or
charges, or portion thereof, attributable to collection services for refuse produced or to be produced
or accumulated or to be accumulated by said occupant, and also upon all portions of the property
occupied by said occupant.
D. Notwithstanding the foregoing provisions of this section relating to which persons are
liable for payment for refuse collection services, the City may cause the collection of the fees or
charges for such services, from the owner(s) of property served, by means of collection on the tax
roll in the manner prescribed by applicable provisions of the Health and Safety Code and of the
Government Code.
E. The Franchise Agreement shall set out any additional procedures governing the
responsibilities of the Collector and the rights of occupants or owners to discontinue service if the
premises are to be vacant for an extended length of time.
6.04.040 Containers —Provision required —Adequacy.
It is the duty of every person in possession, charge or control of any place within this City,
in or from, which refuse accumulates or is produced, to provides and at all times to keep in a suitable
place readily accessible to the collector, the specific containers provided by the Collector pursuant
to the Franchise Agreement. At the time of collection, containers shall be placed at curbside unless
special arrangements have been made for an alternative arrangement with the Collector.
6.04.050 Frequency of collection.
A. Residential Collection. Every person in charge of a residence or residences, whether
single-family or multiple -family, shall make arrangements with the collector to have removed, not
less than once a week, from the property upon which the residence or residences are located, all
refuse created, produced or brought upon the premises.
B. Commercial and Industrial Collection. Every person in charge of a commercial or
industrial building shall remove, or cause to be removed, not less than once a week, from the
property upon which the building is located, all refuse created or produced or brought upon the
premises, except restaurants, which shall remove or cause to be removed not less than twice a week,
from the property upon which the building is located all refuse created, produced or brought upon
the premises.
C. Construction Sites. All refuse created, produced or brought upon construction sites shall
be removed not less than once a week consistent with the terms of the Franchise Agreement.
6.04.060 Container specifications.
A. Any person who owns or occupies a single-family dwelling or two-family dwelling shall
deposit all refuse to be collected in the general and greenwaste containers as approved by the City
pursuant to the Franchise Agreement. Use of any container not specified in the Franchise Agreement
or otherwise approved by the Collector and the City is prohibited.
B. Trash containers commonly known as "dumpsters" (three yard bin with a hinged lid) and
roll -off containers (twenty to thirty yard bin without a lid) shall not be located at a single-family or
two-family dwelling or within the RVL, RL, and RC zones except for the following purposes:
1. Home improvement and/or temporary cleanup of a vacant lot or dwelling, provided that
all applicable permits and licenses have been obtained; and
2. Holding special events including, but not limited to, sponsored and permitted cleanup
campaigns. Placement of such containers for the event shall be limited to forty-eight hours prior to
the event and forty-eight hours following the event;
3. The owner, contractor or responsible party constructing a new building, addition, or
alteration to an existing building, shall keep the construction site clean by having on the site an all -
metal, minimum three yard container with hinged lid (except rolloff containers), compatible for use
with standard trash removal trucks, commonly referred to as dumpsters, for the depositing of trash
and debris.
C. Refuse shall be deposited in a dumpster at all apartment buildings having three or more
dwelling units and at any establishment or business located in the commercial and industrial zones:
6.04.065 Container storage.
A. All trash containers for single-family or two-family dwellings shall be stored out of public
view in a side or rear yard or an enclosed garage except on pickup day. In no event shall such
container be placed adjacent to the roadway for collection more than twelve hours prior to normal
collection time. The container shall be removed to the storage area within twelve hours following
collection. If the physical design of the dwelling does riot allow for obscuring containers from public
view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to
the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the
dwelling designed to conform with the exterior design of the dwelling.
B. A trash bin enclose shall be provided to obscure from public view any dumpster required
by Section 6.04.060. Such enclosure shall meet the construction, location, and access requirements
established by the Community Development Department of the City.
C. Upon receipt of notification to provide an enclosure, the property owner shall have six
months to complete construction of the enclosure.
D. A six month extension to complete construction of an enclosure may be granted by the
Director of Community Development and/or the City Council based on individual need, but in no
event shall completion of construction of the trash bin enclosure exceed one year from the date of
receipt of notification to provide an enclosure.
E. Construction of requisite enclosures shall be completed according to the specifications
of the Community Development Department prior to issuance of a certificate of occupancy.
6.04.070 Improper keeping of refuse as nuisance.
The keeping of garbage in containers other than those prescribed by this chapter, or the
keeping upon premises of garbage or rubbish which is offensive, obnoxious, or unsanitary shall be
unlawful, shall constitute a public nuisance and may be abated in the manner now or hereafter
provided by law for the abatement of nuisances.
6.04.080 Removal prohibited when.
It is unlawful for any person other than the person in charge of a residence, commercial or
industrial business or the person authorized by the Franchise Agreement to remove any container
from the location where the container was placed by the person in charge for storage or collection,
or to remove any solid waste from the location the solid waste was placed by the person in charge
for storage or collection, without prior written approval of the person in charge in accordance with
the terms of the Franchise Agreement.
6.04.090 Noncompactible solid waste.
No person shall place noncompactible solid waste adjacent to a street or public right-of-way
for collection or removal purposes without prior approval and arrangements with the Collector or
pursuant to the noticed bulky items collection days as provided in the Franchise Agreement.
6.04.100 Unlawful use of trash receptacles.
It is unlawful for any person operating or connected with any business to place or deposit
garbage or rubbish in any container placed upon the public street by public authority, and meant
primarily for the disposal of rubbish by pedestrians using the sidewalk.
6.04.110 Burning of refuse prohibited.
No person shall burn any refuse within the City.
6.04.120 Special pickups.
Subscribers to waste disposal service may order special pickups of such things as landscape
trimmings, discarded furniture, and other items too large to fit in standard containers, subject the
provisions of the Franchise Agreement.
6.04.130 Establishment of pickup schedules.
The council shall, from time to time, establish pickup schedules for collection and disposal
of refuse accumulated to produced with the City as set out in the Franchise Agreement.
6.04.135 Establishment of service rates.
A. The City Council shall, from time to time, establish rates charged for MSW collection
and disposal services by resolution action.
B. The City continues, at its election and following all required procedures, to have all such
fee charges, until such election is appropriate changed, established for MSW collection and disposal
services for individual residences, collected on the tax roll and in the same manner, by the same
persons, and at the same time as, together with and not separately from, the general taxes.
6.04.140 Unauthorized collectors.
At such times as there is in force a Franchise Agreement entered into by the City with any
Collector for the collection and disposal of MSW of the City or its inhabitants, it is unlawful for any
person other than the Collector and his employees to collect any MSW within the City. This section
shall not, however, be deemed to apply to any persons holding a valid City business license to
engage in the nursery or gardening business or to .any person removing shrubbery, grass, tree
cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such
person. This section shall also not apply to the removal of Recyclable Materials according to the
terms and conditions of the Agreement for the Collection and Recycling of Recyclable Materials,
as further described in Chapter 6.05 of the La Quinta Charter and Municipal Code.
6.04.150 Unauthorized removal of rubbish.
It is unlawful for any person, other than a person holding a contract for the collection of
MSW, to take, remove or appropriate for his own use any rubbish which has been placed in any
street or alley for collection or removal, whether said MSW is so placed in regular containers or not.
6.04.160 Collector and trucks.
A. The collector shall provide sufficient collection equipment according to the standards and
maintaining the schedule of collection pursuant to the Franchise Agreement
B. All trucks used for collection or transportation of solid waste shall be maintained in a
clean and sanitary condition, neatly and uniformly painted, and shall carry a shovel, broom and fire
extinguisher.
C. The person that owns any trucks used for collection or transportation of solid waste shall
have his name, telephone number and truck number printed on each side of all trucks in letters not
less than three inches high.
D. All garbage -conveying trucks, tanks, containers and other receptacles shall be cleaned
and disinfected both on the inside and outside thereof at least once daily, and at all times shall be
kept free from any refuse on the outside thereof.
E. The collector shall maintain in good repair all containers furnished to business
establishments.
6.04.170 Unauthorized use of containers of another.
It is unlawful for any person to place refuse in, or to otherwise use the refuse container of
another person, without the permission express or implied, of such other person.
Chapter 6.05
RECYCLABLE MATERIALS
Sections:
6.05.010 Definitions.
6.05.020 Authorization to remove and convey recyclable materials.
6.05.030 Exceptions.
6.05.010 Definitions.
The following words and phrases shall apply in this chapter:
A. "Recyclable Franchise Agreement" means the agreement between the City and Contractor
entitled Agreement for the Collection and Recycling of Recyclable Materials.
B. "Recyclable materials" means materials which are both (a) capable of being Recycled,
and (b) segregated from other waste material for collection and recycling rather than collection and
disposal.
C. "Recycle" and "Recycling" means the process of collecting, sorting, cleaning, treating,
and reconstituting materials that would otherwise become Municipal Solid Waste and returning these
materials to the economic mainstream in the form of raw materials for new, reused, or reconstituted
products which met the quality standards to be used in the marketplace.
D. "Recycle Containers" means all containers authorized for the collection of recyclable
materials.
6.05.020 Authorization to remove and convey recyclable materials.
Recyclable materials, including, but not limited to, newsprint, glass, cans, and recycle
containers, which are placed by the owner within the vicinity of any curb or refuse bin for collection
purposes, shall become the property of the contractor with the City for recyclable materials, and no
person, other than the employees or contract agents of the contractor acting in the scope of their
agency or employment, shall remove from any place or premises in the City or transport over the
public streets thereof, any such recyclable materials. Notwithstanding, the forgoing owners and/or
operators of commercial, industrial, or institutional premises, shall not be prohibited from arranging
for collection of recyclable materiafromzati-coll_e-than the contractor in the City's
Recyclable Franchise. Agreement if either--thu-.ikwaatiawscoUca ys for the material, or-renwves
it, without. any change, direct,or indirect -to:
6.05.030 Exceptions
This chapter shall not apply to the following:
A. A person removing the refuse or recycle materials which have been generated on premises
owned or controlled by him/her.
B. The immediate removal of any refuse or recyclable materials which are found by the
administrative authority, Building and Safety Director, or Fire Marshal to constitute a nuisance or
a danger to the public health, safety or general welfare.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 314 which
was introduced on the 3d day of February, 1998 and was adopted at a regular meeting
held on the 17th day of February, 1998 not being less than 5 days after date of
introduction thereof.
I f ther certify that the foregoing ordinance was posted in three (3) places within the
Cy of La Quinta as specified in a resolution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on March 16, 1998 pursuant to City
Co cil Resolution.
1AUNDRA L. HO LA,, City Clerk
City of La Quinta, California