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