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HomeMy WebLinkAboutORD 391ORD 391ê79wS ×Pë ORDINANCE N0, 391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING SECTION 6701 THROUGH 6701.9 INCLUSIVE, RELATING TO GARBAGE AND RUBBISH COLLECTORS; AND ADDING TO SAID CODE AS CHAPTER 2, OF ARTICLE V, SECTIONS 5200 THROUGH 5211, RELATING TO GARBAGE AND RUBBISH DISPOSAL, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 6701 through 6701.9, inclusive, of the Baldwin Patio Municipal Code are hereby repealed and rescinded. SECTION 2. That Chapter 2, of Article V, consisting of Sections 5200 through 5211, is hereby added to said Baldwin Park Municipal Code, relating to garbage and rubbish disposal: Chapter 2 GARBAGE AND RUBBISH DISPOSAL. 5200. DEFINITIONS. For the purpose of this Chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context, that a different meaning is intended: a) CONTRACTOR. Contractor' shall mean a person who is a party to an existing written agreement with the City providing for the exclusive right to collect garbage and rubbish from residential units within the City. b) GARBAGE. Garbage' shall mean any and all refuse and waste material derived from the preparation, use and consumption of meats and foods, and all other noxious or offensive matter or material, usually and ordinarily referred to as garbage or market refuse. c) GARBAGE RECEPTACLE, Garbage receptacle' shall mean a fly proof, water- tight metal or wooden receptacle, having a close fitting cover and provided with handles, having a capacity of not more than 16 gallons. ORD 391ê79wS ×Pë d) GARBAGE AND RUBBISH COLLECTOR. Garbage and Rubbish Collector shall mean any person engaged in conducting, managing or carrying on a business of collecting and/or disposing of garbage and/or rubbish. e) LICENSEE. Licensee' shall mean any person holding a valid business license issued pursuant to this Chapter, authorizing such individual to engage in the activity of garbage and rubbish collection and disposal. f) RESIDENTIAL UNITS. Residential Units' shall mean the following: 1) Residential Unit, Multiple. Residential Unit, Multiple' shall mean one or more rooms in a building or portion thereof designed and intended, or used, for occupancy by one family for living and sleeping quarters and containing only one kitchen; and 2) Residential Unit, Single. Residential Unit, Single' shall mean a building designed or exclusively used for occupancy by a single family. g) RUBBISH. Rubbish' shall mean refuse matter, combustible and non-combustible, including tin cans, bottles, papers, ashes, wire, vegetative waste materials, crockery, glass, bricks, cement and all other matters and materials similar to those herein set forth. h) RUBBISH RECEPTACLE. Rubbish Receptacle shall mean a container of durable material weighing, when loaded, not more than 75 lbs. Cardboard boxes shall not be deemed to be rubbish receptacles." 5201. COLLECTION OF GARBAGE AND RUBBISH. The collection and disposal of garbage and rubbish is a matter requiring control and regulation by the City, in the manner hereinafter 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 said public peace, health, safety and general welfare. In order to insure that such will be accomplished, it is necessary to license and/or contract with garbage and rubbish collectors in the manner hereinafter set forth." ORD 391ê79wS ×Pë 5202. PLACE OF BUSINESS, Each garbage and rubbish collector shall have and maintain a fixed place of business in, or adjacent to, the City of Baldwin Park. Each garbage and rubbish collector shall maintain: a) Telephone service at such place of business; and b) An accurate list of all customers served by the said collector within the City. Such records shall be open and available for reasonable inspection by the Chief Administrative Officer or his authorized agent." 5203. EQUIPMENT. All vehicular equipment used by a garbage and rubbish collector shall be maintained in a clean and sanitary condition, and shall have prominently displayed thereon, the name, address and telephone number of the collector." 5204. LICENSES. a) Fees. Applications. The License Collector shall issue business licenses to garbage and rubbish collectors, provided that each such applicant shall prepay a yearly fee in the sum of $400.00 as and for such license, and submit to the License Collector an application from containing information required by the License Collector to enable him to determine whether such applicant is equipped and able to collect garbage and rubbish in accordance with the provisions of this Chapter. Upon a finding by the License Collector that such applicant is able to perform such services, the License Collector shall issue one or more business licenses to such applicant. No application for a license shall be accepted later than December 1st of the calendar year preceding the license period. If, as of December lst, of any year, the License Collector receives applications in excess of the number of licenses permitted by this Section, the License Collector shall issue such licenses with preference given to those persons who have held prior licenses for such collection. The License Collector shall give a written notice, by United States Mail, postage prepaid, addressed to the applicants at their last known address, not later than December 5th each year of the issuance or denial as to any license." b Number of Licenses. Licenses shall be issued in accordance with the following formula: one license for each 2,500 persons residing in the City, as shown by the latest available census of the City as of January 1, of each calendar year, plus one additional license." ORD 391ê79wS ×Pë c) APPEAL. Any decision of the License Collector with regard to the issuance or the failure to issue any business license for garbage or rubbish collection shall be reviewable by the City Council, upon the aggrieved party filing with the City Clerk a written appeal from such decision. Such appeal, to be considered by the City Council, shall be filed with the City Clerk prior to Decemberl5th of any calendar year after the effective date of this Chapter. The appealing party shall be given at least 24 hours' written notice of the time and place of the hearing to be conducted by the City Council, to review the decision made by the License Collector. The determination of the Council shall be final and conclusive. d) CONTRACT. In the event that the City Council enters into an exclusive contract or contracts for the collection of garbage and rubbish from residential units as herein defined, the License Collector shall issue business licenses permitting commercial and industrial garbage and rubbish collection only, and the number of such licenses shall not exceed one for each 200 commercial or industrial establishments or fraction thereof, within the City. The total number of such commercial and industrial establishments shall be conclusively established for the purpose of this Section, by reference to business license records of the City. The license rate for such licenses shall be in the sum of $400.00 and the same shall be issued for a period of one year, the effective issuance date shall be January 1st of each and every calendar year on and after the effective date of this Chapter." 5205. CONTRACT FOR GARBAGE AND RUBBISH DISPOSAL. If the City Council finds that the public interest, convenience and necessity so requires, it may contract with any one or more qualified persons, on an exclusive or non-exclusive basis, for the collection and disposal of garbage and rubbish from all residential units within the City. In such event, said agreement shall refer to this Chapter, insofar as the manner of collection is concerned, as it now exists or as it may hereafter be amended. ORD 391ê79wS ×Pë Such agreement shall, in addition, provide for such Contractor to collect, take, remove and dispose of all garbage and rubbish from residential units within the City, and such Contractor shall have the exclusive right, privilege and duty to collect, remove and dispose of all such garbage and rubbish for the period and times specified in said agree- ment, upon such compensation as may be therein agreed upon between the City and such Contractor. Where such contract is entered into during a year when the Contractor has one or more valid business licenses permitting him to collect garbage and rubbish, such licenses shall be prorated and a refund made to such Contractor as of the effective date of such written Agreement." 5206. GARBAGE AND RUBBISH SERVICE FEES. garbage and rubbish collection from all residential, commercial and industrial estab- lishments within the City: a) RESIDENTIAL. For single family residential units, the sum of $1.75 per month; for residential units, multiple, the sum of $1.75 per month for the first unit, and $1.00 per month for each additional unit; and b) COMMERCIAL AND INDUSTRIAL. The maximum rates permitted for the collection of garbage and rubbish from commercial and industrial establishments, due to their peculiar individual nature, cannot be estab- lished upon a fixed rate basis, and therefore, the following formula shall be applied to fix such rates: the maximum rates to be allowed for the collection of garbage and rubbish from commercial and industrial establishments shall be fixed by the licensee and the individual commercial and/or industrial establishment; such rates shall be filed with the Chief Administrative Officer and that rate shall be prima facie evidence that the rate so agreed upon is not excessive and provides a fair and reasonable return to the licensee for his services. In the event that any commercial or industrial establishment is unable to agree with the licensee as to a specific rate for such collection, such con- cern and licensee shall submit to the Chief Administrative Officer a statement of what each proposes as the fair and reasonable charge for such collection services. The Chief Administrative Officer shall attempt to resolve the difficulties between the ORD 391ê79wS ×Pë licensee and such industrial or commercial concern; if he is unable to do so, the matter shall be referred to the City Council for a final determination of such rate. The City Council shall give each side a reasonable opportunity to be heard prior to making a determination as to the rate. The determination of the City Council shall be final and conclusive. c) RESPONSIBILITY FOR PAYMENT OF FEES. The owners or occupants of residential units, single, shall be solely responsible to the licensee or Contractor for the payment of the fees hereinabove set forth; the owner of residential units, multiple, shall be solely responsible for the payment of fees to the licensee or Contractor as herein set forth. The City shall not be responsible for payment of any such fees to any Contractor." 5207. REVOCATION OF LICENSE, In the event that the License Collector determines that any licensee shall have failed for a period of 7 days to provide regular, thorough and continued collection services to any person served by such licensee, except as herein provided, the License Collector shall revoke such license. Any determi- nation of the License Collector with regard to the revocation of a license, shall be subject to an appeal to the City Council. Any person aggrieved by any decision of the License Collector may, by filing a written letter of appeal with the City Clerk with 48 hours after notice of such decision, appealing such decision to the City Council. Upon receipt of such an appeal, the City Clerk shall place the same on the next convenient Council Agenda for hearing, and shall give the appealing party at least 5 days' written notice, by United States Mail, postage prepaid, addressed to the applicant at his last known address, of the time and place of such hearing. At the time of such hearing, the City Council shall give the appealing party and any other interested person, a reasonable opportunity to be heard with regard to such revocation. The appealing party shall have the burden of proof to show that the action taken by the License Collector was arbitrary, unreasonable or capicious. If the Council finds that such action was arbitrary, unreasonable or capicious, it shall reverse the determination of the License Collector and direct the reissuance of the license; in the absence of such a finding, the revocation shall be approved. The determination of the Council shall be final and conclusive." ORD 391ê79wS ×Pë 5208. TRANSPORTATION OF GARBAGE AND RUBBISH. No person shall collect, carry, convey or transport garbage or rubbish upon or through any street, alley or public place within the City unless such person is: a) an officer or employee of the City; or b) the holder of a valid license issued pursuant to the provisions of this Chapter, or his authorized agent or employee; or c) a person who has a valid written agreement with the City pursuant to Section 5205 hereof, or an agent or employee of such person; or d) any person disposing of his own e) any person having a valid business license permitting him to engage in commercial or residential gardening." 5209. DISPOSAL OF GARBAGE AND RUBBISH, Garbage and rubbish to be disposed of by any person shall be removed from and disposed of, outside of the corporate limits of the City, or at some location within the City, which shall have been first approved by the City Council. No person shall haul or transport any garbage through the City, or in and along any public street or other public place in the City, except in water- tight covered motor vehicles, carried therein in such a manner that the contents thereof shall not be offensive to any person; said vehicles being so loaded, operated and maintained that none of the contents thereof shall fall or spill therefrom, and provided further, that every such vehicle used for such purposes shall be kept in a clean and sanitary condition by the owner and/or operator thereof. No person shall haul or carry any rubbish, gravel, manure, sand or refuse of any kind, in or over any public street or public place in the City, unless such vehicle hauling or carrying the same shall be so constructed and/or covered so that none of the material contained therein will spill or fall on any public street or public place. ORD 391ê79wS ×Pë Any such person hauling any garbage, rubbish, sand, gravel, manure or other refuse of any kind, in and along any public street or public place, shall be solely responsible for cleaning up any material which falls or dislodges 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 disposed of and shall bill the person responsible therefor a reasonable sum to cover the cost of such disposal." 5210. GARBAGE. BURNING OR BURYING. No person shall burn, bury or dispose of any garbage otherwise than depositing the same in a receptacle without first obtaining a written permit to do so from the City; provided that this Section shall not prohibit the reduction of garbage to a liquid condition and disposing of the same as sewage." 5211. RULES FOR COLLECTION. a) HOURS OF COLLECTION. Garbage and rubbish collection shall not take place earlier than 6.00 A.M., nor later than 6:00 P.M. of any day. b) SCHEDULES. Each licensee or person having a valid contract with the City for rubbish or garbage collection, shall establish and thereafter maintain an area schedule of their collection times and places, such schedules shall be filed with the Chief Administrative Officer, and any changes therein shall be filed with said Officer. c) LOCATION OF RECEPTACLES FOR COLLECTION. Garbage and rubbish receptacles to be collected by the licensee or person having a contract with the City, shall be placed by the owner and/or occupant of any premises, in and along the street or alley frontage of such premises, or such other locations as may be mutually agree- able to such persons and the collector. d) RECEPTACLE. INTERFERENCE WITH. No person shall inteiere in any manner with any receptacle, or the contents thereof, or remove any receptacle or the contents thereof from the location where the same was placed by the owner or occupant of the premises for collection. ORD 391ê79wS ×Pë e) AMAKIKM WEIGHT. There shal l be a maximum amount of garbage or rubbish to be collected from any one place of service at any one time of not to exceed one hundred 100) pounds. f) TREE TRIMMINGS. Tree trimmings, shrub trimmings, vine cl p ngs or grating and the like, shall be broken and bundled into lengths not exceeding 4 feet in overall length, and securely tied in bundles not exceeding 12 inches in diameter. g) 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 50 lbs. in weight; cardboard containers to be disposed of shall be flattened and tied securely. h) DISCOUNTS. Any licensee or collector shall have the right and privilege of permitting a discount for fees paid in advance at such rate and In such manner as such licensee or collector may deem appro- priate. I) OMISSION OF SERVICE. Whenever the owner or occupant of any res den e1 unit within the City shall fall, for a period of 60 days or more, to pay for collection service as set by this Chapter, the collector, at his option, may discontinue such service as to such individual until full payment for past services is made." SECTION 2. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 6th day of January, 1965• v wit Charles E. sad, Mayor ATTEST: The ma L. Ba kus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No.-.I was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of December, 1964. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of January, 1962, by the following votes AYES: NOES: COUNCILMEN NONE ABSENT z 17J UNC I tf&FN NONE Thelma L. Balkus, C ty Clerk BIB] 39007-U01 ORD-U02 391-U02 LI2-U03 FO31549-U03 FO31648-U03 DO94671-U03 C5-U03 ORDINANCES-U03 10/12/2006-U04 ROBIN-U04