HomeMy WebLinkAboutORD 1032ORD 1032 pT3 (Ìì À b Ordinance Number 1032
An Ordinance of the City Council of the City
of Baldwin Park amending Chapter 8.24 of the
Baldwin Park Municipal Code relating to Refuse
Collection.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Chapter 8.24 of the Baldwin Park
Municipal Code is hereby amended to read as follows:
Chapter 8.24 Refuse Collection.
8.24.010 Definitions. For the purposes of this
Chapter, certain words and phrases shall be construed as set forth
in this Chapter, unless it is apparent from the context, that a
different meaning is intended:
A. COMMERCIAL AND/OR INDUSTRIAL CUSTOMERS" means all
Customers, except those in One-Family Dwellings and Multiple Unit
Complexes, not served with bins, who stores Refuse temporarily for
pickup, in Bins having capacities of 1 through 6 cubic yards and
which can only be emptied mechanically.
B. CUSTOMER" means each Owner and/or Occupant of each Lot
in the City from which Refuse is generated, which Refuse is
required to be collected pursuant to this Chapter.
C. FRANCHISEE" means the person who is a party to a written
agreement with the City providing for the exclusive right to
collect Refuse from all real properties within the City.
D. GARBAGE" means any and all dead animals of less than ten
10) pounds in weight, except those slaughtered for human
consumption: every accumulation of waste animal, vegetable and/or
other matter that results from the preparation, processing,
consumption, dealing in, handling packing, canning, storage,
transportation, decay or decomposition of meats, fish, fowl,
birds, fruits, grains or other animal or vegetable matter
including, but not by way of limitation, used tin cans and other
food containers, infectious wastes, all putrefactive or easily
decomposable waste animal or vegetable matter which is likely to
attract flies or rodents), and other noxious or offensive matter
of material, usually and ordinarily referred to as Garbage or
market refuse, but excluding Garbage which is set aside especially
for Recycling, Swill, Rubbish, and Hazardous Waste.
E. HAZARDOUS WASTE" means: A) a waste, or combination of
wastes, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may do either of the
following:
1) Cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
2) Pose a substantial present or potential hazard to human
health or environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
B) Unless expressly provided otherwise, hazardous waste"
includes extremely hazardous waste and acute hazardous waste.
F. MULTIPLE DWELLING" means a dwelling unit located in a
Multiple Unit Complex.
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ORD 1032 pT3 (Ìì À b G. MULTIPLE UNIT COMPLEX" means a building or buildings)
having two or more multiple dwellings therein.
H. ONE-FAMILY DWELLING" means a building which contains one
kitchen, which is designed and used exclusively as a dwelling unit
for one family.
I. DWELLING UNIT" means any building or portion thereof,
which is designed for use as a residence by one family.
I. OWNER" means the person or entity who holds the fee
title to the Lot which generates Refuse which is required to be
collected pursuant to this Chapter.
J. RECYCLING" means the process of collecting and turning
used products including, but not limited to, newspapers, cans,
white paper, plastics, corrugated cardboard and bottles, into new
products by reprocessing and remanufacturing them.
K. REFUSE" means all types of solid wastes, including
Garbage, Rubbish, and any other solid waste matter, but excluding
Hazardous Wastes.
L. REFUSE RECEPTACLE" means a fly-proof, watertight metal,
plastic or wooden receptacle, having a close-fitting cover and
provided with handles having a capacity of not less than twenty
20) gallons or not more than thirty-five 35) gallons and when
loaded will not weigh more than sixty 60) pounds. Cardboard
boxes shall not be deemed to be refuse receptacles.
M. RESIDENTIAL CUSTOMER" means the owner and/or occupant of
a One-Family Dwelling and/or Multiple Dwelling.
N. RUBBISH" means all solid waste material, both
combustible and noncombustible, consisting of waste wood, wood
products, tree trimmings, grass cuttings, dead plants, weeds,
leaves, dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded
mattresses, rubber, used and discarded clothing, rags, used and
discarded shoes and boots, carpets, combustible waste pulp and
other products such as are used for packaging, or wrapping
crockery and glass, floor sweepings, glass, crockery, bottles,
shelves, tin cans, mineral or metallic substances, earth, rock,
demolished or discarded building materials, ashes, cinders, water
heaters, furnaces, furniture, washers, dryers, refrigerators,
television, radios, waste material resulting from any
manufacturing, building or construction operation, and other waste
material or household or business not included in the definition
of Garbage or Hazardous Waste. Rubbish does not include wastes
and other materials including, but not limited to, objects not
easily moved by one man, such as discarded automobile bodies,
other bulky or heavy objects; manure or offal or waste from
poultry yard or stable, logs, stumps or limbs from trees exceeding
three 3) feet in length, sod, dirt, sand, rock and concrete.
8.24.020 Collection of Refuse. The collection and
disposal of Refuse is a matter requiring control and regulation by
the City, in the manner set forth in this Chapter, in order to
protect the public peace, health, safety and general welfare. The
regular, thorough and continuous collection thereof, is necessary
to protect the public peace, health, safety and general welfare.
In order to insure that such will be accomplished, it is necessary
to issue a Franchise to a qualified person to collect Refuse upon
an exclusive citywide basis, in the manner set forth in this
chapter.
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ORD 1032 pT3 (Ìì À b 8.24.030 Transi,ortation of Refuse. No person shall
collect, carry, convey or transport Refuse in, over, upon or
through any public street, alley or public place within the City,
except:
A. An officer or employee of the city; or
B. A person who has a valid franchise issued by the City
pursuant to this Chapter 8.24, or an agent or employee of
such person.
8.24.040 Storage of Refuse. No person shall store
Refuse on any real property in the City, except for the temporary
storage of Refuse awaiting collection by a Franchisee.
8.24.050 Franchise For Refuse Collection and Disposal.
The City Council is authorized to issue, to a qualified person or
legal entity, a Franchise Agreement for the collection, removal
and disposal of Refuse within the City, under such terms and
conditions as are contained in this Code and as may be prescribed
by the City Council.
8.24.060 Place of Business. A. The Frahchisee shall
have and maintain a fixed place of business in, or adjacent to,
the City.
B. The Franchisee shall maintain:
1. Telephone service at such place of business to be
open and available at all time on Mondays through
Fridays, holidays excluded, between the hours of 7:00
a.m. to 5:00 p.m.; and
2. Local telephone lines shall be operator-answered
during normal business hours and shall be available
to residents of the City on a toll-free bases; and
3. An accurate list of all Customers served by the
contractor within the City and a route record. The
records shall be open and available for reasonable
inspection by the City Manager or designee; and
4. Full and complete accounting records reflecting
Franchisee's business both within and outside the
City. Books and records shall be subject to audit
and inspection for the primary purpose of reviewing
billing operations and accounts receivable by the
City Manager or designee. Franchisee shall maintain
all accounting records and related supporting
documentation for a period of not less than three 3)
years following the close of each of Franchisee's
fiscal years.
8.24.070 Equipment. All vehicular equipment used by
the Franchisee shall be maintained in a clean and sanitary
condition, shall comply with all applicable provisions of the
vehicle code of the State of California, and shall have
prominently displayed thereon, the name and telephone number of
the Franchisee. No vehicle operated by the Franchisee shall:
A. Transport refuse in an open truck or truck using a
drop-off box without being covered by a water tight
tarpaulin and fastened so as to prevent Refuse from being
flown or dislodged from the truck; and
B. All trucks hauling Refuse or Rubbish shall be
continuously maintained in a watertight condition; and
C. The noise level for collection vehicles during the
stationary compaction process shall not exceed
seventy-f ive 75) decibels at a distance of twenty-five
25) feet from the collection vehicle measured at an
elevation of five 5) feet above the ground level.
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ORD 1032 pT3 (Ìì À b 8.24.080 Hours of Collection. Refuse collection by the
Franchisee shall not take place earlier than six a.m., or later
than six p.m. of any given day. Refuse collection shall occur
only on collection days approved as such pursuant to the terms of
the Franchise Agreement.
8.24.090 Schedules. The Franchisee shall establish and
thereafter maintain a schedule of Citywide collection times and
places. Such schedule shall be filed with the City Manager and be
approved by City Council. All amendments of the schedule must be
approved by City Council before implementation.
8.24.100 Location of Receptacles for Collection. The
Customer at each One-family Dwelling and Multiple Unit Complexes
without bins shall place Refuse Receptacles on a hard surface
assessable to within fifteen 15) feet of the refuse collectors
vehicles in and along the street or alley frontage of such
premises, or such other locations or private property as may be
mutually agreeable to such persons and the Franchisee.
8.24.110 Denial of Refuse Collection. The Franchisee
may decline to collect Refuse contained in the Refuse Receptacles
presented for collection by the Customer as provided in this Code
and in the Franchise Agreement. If the Franchisee declines to
collect Refuse from a Customer, the Franchisee must tag the Refuse
Receptacles refused for Refuse collection noting, on the tag, the
reasons for denial of collection.
8.24.120 Receptacle. To person, other than the
Franchisee, it's employees or a City employee, shall interfere irk
any manner with any Refuse Receptacle, or the contents thereof,
nor move any such Receptacle or remove the contents thereof, from
the location where Refuse is placed by the Customer for
collection.
8.24.130 Maximum Quantity. The maximum amount of Refuse
to be collected from any one Residential Unit shall not exceed
three 3) cubic yards of Refuse. Combined weight of individual
Receptacles and contents, from One-family Dwellings and Multiple
Unit Complexes without bins, shall not exceed sixty 60) pounds.
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8.24.140 Tree trimmings. Bundles or cardboard, papers,
magazines, palm fronds, tree limbs, brush, and similar dry
materials, placed for collection, must be tied with a heavy cord
or wire strong enough to act as a handle or may be placed in
acceptable Receptacles. Any such bundle or item may not exceed
four 4) feet in length, twelve 12) inches in diameter or weigh
in excess of sixty 60) pounds.
8.24.150 Cardboard. Cardboard containers and papers to
be disposed of shall be either placed in a suitable Receptacle or
shall be tied into bundles, not exceeding fifty pounds in weight.
Cardboard containers to be disposed of shall be flattened and tied
securely.
8.24.160 Omission of Service. Whenever the Customer
within the City fails, for a period of ninety 90) days or more,
to pay for collection service, required to be paid pursuant to
this Chapter, the Franchisee, at its option, may discontinue such
service as to such Customer until full payment for past services
is made.
8.24.170 Refuse Collection Fees. Refuse Collection Fees
shall be set by resolution of the city Council.
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ORD 1032 pT3 (Ìì À b I
8.24.180 Responsibility for Payment of Collection Fees.
1. One-family Dwellings. The owner and/or occupant of
each One-family Dwelling shall be responsible to the
Franchisee for the payment of the Refuse Collection
Fees.
2. Multii,le Unit Complex without bins. The owner and/or
occupant of each Multiple Unit Complex shall be
responsible for the payment of Refuse Collection
Fees.
3. Commercial. Industrial and Multiple Unit Complexes
with bins. The owners and/or occupant of
Commercial, Industrial and Multiple Unit Complexes
with bins shall be responsible for the payment of
Refuse Collection Fees.
4. Payment of Collection Fees. The person and/or legal
entity required to pay the Refuse Collection Fees,
pursuant to this Chapter, shall promptly pay the same
to the Franchisee upon receipt of invoice therefor.
Refuse Collection fees shall be deemed a civil debt
owed by such person and/or legal entities, to the
Franchisee, and may be collected by Franchisee in the
manner permitted by law.
8.24.190 Refuse--Burning or Burying. No person shall
bury or dispose of any Refuse otherwise than depositing the same
in a Receptacle; provided, that this section shall not prohibit
the reduction of garbage to a liquid condition and disposing of
the same as sewage.
8.24.200 Disposal of Refuse at Required Places. Refuse
to be disposed of by the Franchisee shall be collected and
disposed of at locations approved by the City Council.
8.24.210 Alternate Method of Refuse Collection of
Service Rates. The City Council may elect to cause the collection
of all, or a portion of, the service rates charged for refuse
collection services, as it pertains to this chapter, as a part of
the tax bill collection process for real property taxes in the
manner resolved by law.
8.24.220 Recycling. Customers of refuse collection
services may, on a voluntary basis, separate garbage and rubbish
for collection services for the purposes of recycling such items
as established by the City Council."
SECTION 2. That Section 12.04.120 is hereby added to
the Baldwin Park Municipal Code to read as follows:
12.04.120. Transport of Material. Cleaning Z
Dislodged Materials. Any such person hauling Refuse, as defined
in Chapter 8.24 of this Code, dirt, sand, gravel, or other similar
material Material"') of any kind, in and along any public street
or public place, shall be solely responsible for cleaning up any
Material which falls or becomes dislodged from such vehicle. If
such person fails to dispose of such Material which has spilled
from such a vehicle, the City shall cause the same to be cleaned
up and disposed of and such person shall be responsible to the
City for the cost thereof."
SECTION 3. That the City Clerk shall certify to the
adoption of this Ordinance and cause the same to be published in
the manner prescribed by law.
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ORD 1032 pT3 (Ìì À b PASSED AND APPROVED THIS 6th day of December 1989.
MAYOR
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) 55:
CITY OF BALDWIN PARK
I, Linda L. Gair, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 1032 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on November 15
1989. That, thereafter, said Ordinance was duly approved and
adopted at a regular meeting of the City Council on
December 6 1989 by the following vote.
AYES COUNCILMEN IZELL MCNEILL KEYSER MAYOR PRO TEM LOWES
NOES COUNCILMEN NONE
ABSENT COUNCILMEN NONE
ABSTAIN COUNCIIMEN NONE
CITY CLERK
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