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HomeMy WebLinkAboutORD 1352 ORDINANCE NO. 1352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK). WHEREAS, the City Council has expressed concern regarding litter created by patrons of drive-through eating facilities; WHEREAS, such litter is a health and safety concern and can result in contamination of water ways because that litter can end up in the regional storm drain system; WHEREAS, the presence of that litter is found to be a public nuisance and contributes to a decline in the quality of life; WHEREAS, that litter can be curtailed if convenient trash receptacle are placed near drive-through eating facilities; and WHEREAS, the City Council finds the standards set forth in this ordinance are necessary to protect the public safety and welfare of the residents of the City of Baldwin Park and the regional waterways; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Chapter 126 is added to the Baldwin Park Municipal Code, to read as follows: CHAPTER 126 Trash Receptacles at Drive-Through Eating Establishments Section 126.010 Definitions DRIVE-THROUGH FACILITY. The use of land, buildings, structures or parts thereof to provide products or services, either wholly or in part, through an attendant or a window or automated machine, to persons remaining seated in motorized vehicles within a designating vehicular stacking lane. A drive-through facility may be in combination with other uses, including, but not limited to, bank teller windows, pharmacies, dry cleaners and eating establishments. Ordinance 1352 - Page 2 DRIVE-THROUGH TRASH RECEPTACLE. A trash receptacle with an elongated trash collection chute that is placed near the exit point of the designating vehicular stacking lane of a drive-through facility, after the pick-up window, on the driver-side of vehicles and in a location that will (i) not inhibit pedestrian or vehicular circulation and (ii) allow the driver of the vehicle, while seated in the vehicle, to dispose of trash. EATING ESTABLISHMENT. Any establishment, which provides as a principle use, the sale of any food, frozen desert or beverage and which is ready for immediate consumption. Section 126.020 Trash Receptacle Required A. The operator and owner of a drive-through facility associated with an eating establishment shall install and maintain a drive-through trash receptacle. B. The owner and operator of the drive-through facility associated with an eating establishment for which a drive-through receptacle is required shall empty the drive-through trash receptacle of trash on a regular basis to ensure customers using that drive-through facility are able to deposit trash into that receptacle. Section 126.030 Phased Enforcement A. Installation of the drive-through trash receptacle at a drive-through facility associated with an eating establishment, as required by Section 126.020, shall be completed prior to the issuance of a new business license or certificate of occupancy for that drive-through facility. B. For each drive-through facility associated with an eating establishment legally operating before December 7, 2012, the owner and operator of that drive- through facility shall install a drive-through trash receptacle on or before June 7, 2013; provided, that the Zoning Administrator may grant one extension of no more than six months, if good cause, as determined by the Zoning Administrator, is shown by the operator or owner of that drive-through facility. C. The owner or operator of a drive-through facility associated with an eating establishment may request an exemption from section 126.020; provided that the owner or operator provides sufficient evidence, as determined by the Zoning Administrator, of specific unusual structural constraints related to that facility, which make compliance with section 126.020 impossible for physical and financial reasons. SECTION 2. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. Ordinance 1352 - Page 3 SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 7 day of November , 2012. MAC OZANO, OR ATTES : ie/� AL JAN' "A AVILA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on October 3 , 2012. That there after said Ordinance No. 1352 was duly approved and adopted at a regular meeting of the City Council on NnvemhPr 7, 2017 by the following vote: AYES: COUNCILMEMBER: Marlen Garcia, Monica Garcia, Mayor Manuel Lozano Ricardo Pacheco, Mayor Pro Tern Susan Rubio NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJ DR A AVILA, CITY CLERK