Loading...
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