ORD 145 ORDINANCE NO. 145
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADDING CHAPTER 6.05, RECYCLE MATERIAL, TO THE
LA QUINTA MUNICIPAL CODE.
WHEREAS, the City of La Quinta has initiated a recycle program
including, but not limited to, single-family curbside recycling;
and
WHEREAS, the City of La Quinta is incurring certain costs to
initiate these programs; and
WHEREAS, the recyclable materials collected are being sold to
offset the operating costs of the program; and
WHEREAS, the recycling programs benefit the community and the
nation as a whole.
NOW, THEREFORE, the City Council of the City of La Quinta,
California, in order to protect the environment and natural
resources, does hereby ordain as follows:
Section 1. The City Council finds it necessary that this
ordinance take effect necessary in order to preserve the public
peace.
Section 2. That a Chapter 6.05 be added to the La Quinta
Municipal Code and be titled as follows:
Chapter 6.05 RECYCLABLE MATERIALS
6.05,010 DEFINITIONS. The following words and phrases
shall apply in this chapter.
(A) Recyclable Materials. All materials including, but not
limited to, newsprint, glass, cans, and other resources for which
the city, or a contractor of the city, collect in order to reuse,
resell, or convert to a usable product.
(B) Curbside Programs. As used in this chapter and
associated thereto, shall mean the location where the recycle
materials shall be placed and picked up by the city, or a
contractor of the city.
(C) Recycle Containers. As used in this chapter and
associated thereto, shall mean all containers authorized for the
collection of recyclable materials."
6.05.020 AUTHORIZATION TO REMOVE AND CONVEY
RECYCLABLE MATERIALS. Recycable materials,
including but not limited to, newsprint, glass, cans, and recycle
containers, shall be placed within the vicinity of any curb or
refuse bin for collection purposes, shall become the property of
the City of La Quinta; and no person, other than the employees or
contract agents of the city acting in the scope of their agency or
employment, shall remove from any place or premise in the city or
transport over the public streets thereof any such recyclable
materials. This action shall exclude non-profit organizations
which have agreements with residents to collect and transport
recyclable materials. Agreements between non-profit organizations
and residents shall not include any recyclable materials placed
within the vicinity of any curb or refuse bin. Any such
organization must substantiate their non-profit status upon the
request of Community Safety Director. The City Council is hereby
authorized to obtain additional financial information from the
permittee at any time such information is found to be necessary."
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, Community Safety Director, or Fire Marshal, to
constitute a nuisance or a danger to the public health,
safety, or general welfare.
Section 3. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be posted in
three public places in the City of La Quinta, and the same shall be
in full force and effect immediately after its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of La Quinta, california, on this 1st day of August, 1989, by the
following vote, to wit:
AYES: Council Members Bosworth, Rushworth, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member Bohnenberger ~
ABSTAIN: None ~~~~ ~
JOHN Ma~or
City nta, California
AT T: APPROVED AS TO FORM:
YWE ttorney
H DA
ia City of La Quinta, California
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. 145 which was adopted as an
urgency ordinance at a regular meeting held on the 1st day of
August, 1989 I further certify that the foregoing ordinance was
posted in three (3) places with the City of La Quinta as
specified in a resolution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California