HomeMy WebLinkAboutORD 796ORD 796 pT3 (Ìì Ò = /< f^f
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ORDINANCE NO. 796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING THE PROVISIONS 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 Section 3800 through and including
Section 3809 of the Baldwin- Park Municipal Code are hereby
amended to read as follows:
3800. 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 shall mean the person who is a
party to a written agreement with the City providing for
the right to collect refuse.
GARBAGE shall mean 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) REFUSE shall mean and include both garbage
and rubbish.
CI) RUBBISH shall mean all solid waste mater-
ial consisting of both combustible and non-combustible
waste, such as shrubbery and yard trimmings and clip-
pings, grass, weeds, leaves, wood, chips, paper, paste-
board, cardboard, newspapers, magazines, books, rubber,
rags, carpets, bedding, clothing, boots, shoes, hats,
straw, packing materials, glass, crockery, bottles,
shelves, tin cans, metals, ashes, cinders, water heaters,
furnaces, bedsprings, mattresses, dressers, couches,
washers, dryers, stoves, ironers, tables, chairs, refrig-
erators, freezers, air conditioner, television sets,
radios, patio and yard furniture and other materials or
household items which ordinarily accumulate from the
operation of a household or business. Rubbish shall not
be deemed to include wastes and other materials includ-
ing, but not limited to, objects not easily moved by one
man, such as discarded automobile bodies, other bulky or
heavy objects; waste mater ial resulting from any manu-
facturing, building or construction operation, manure or
offal or waste from any poultry yard or stable, logs,
stumps or limbs from trees exceeding four inches in dia-
meter or three feet in length, sod, dirt, sand, rock and
concrete.
e) REFUSE RECEPTACLES shall mean a fly-proof,
water-tight metal, plastic or wooden receptacle, having
a close fitting cover and provided wi th handles having a
capacity of not more than 35 gallons and when loaded
will not weigh more than 60 Ibs. Cardboard boxes shall
not be deemed to be rubbish receptacles.
f) RESIDENTIAL UNITS shall mean the follow-
ing:
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1) RESIDENTIAL UNIT, MULTIPLE. 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 ki tchen; and
2) RESIDENTIAL UNIT, SINGLE. A bu ild-
ing designed or oxc]usively used for occupancy by
single family.
A build-
a
3801. COLLECTION OF rj-.FUSE. The collection and
disposal of refuse is a matter requir ing control and regula-
tion 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 genera L we fare. In order to insure that
such will be accomplished, it is necessary to contract with a
qualified garbage and rubbi sh collector, upon an exclusive
city wide basis, in the nanne^ hereinafter set forth.
3802. CONTRACT FOR GARBAGE AND RUBBISH DISPOSAL.
The City Council is hereby author ized to contract with any
qualified person for the co^'^r^ion, removal and disposal of
garbage, waste, refuse, rubb^ h, offal, trimmings and other
refuse matter within the c Lfcy under such terms and conditions
as are contained in this cod^- i^ as may be prescribed by the
City Council.
3803. PLACE OF W^ Hh:: J. The contractor shall have
and maintain a fixed p1ac^ o1 h^ ni ness in, or adjacent to,
the City of Baldwin Park. s^ic contract shall maintain:
a) telephone service at such place of busi-
ness; and
b) an accurate list of all customers served
by the said Contractor thin the City. Such records
shall be open and availa^i Le for reasonable inspection by
the City manager.
3804. EQUIPMENT. All vehicular equipment used by
the contractor shall be maintained in a clean and sanitary
condition, and shall have promin' ntly displayed thereon, the
name and telephone number of the contractor.
3805. REFUSE COLLECTION FEES.
a) RESIDENTIAL. Refuse collection fees for
single family and multiple residential dwelling units
shall be set by resolution ot the City Council.
b) COMMERCE. AND INDUSTRIAL. The re fuse
collection fees foi provi dino Lhe refuse collection
services to all commercia L md/or industrial uses within
the City, shall be npqotLated between the Contractor and
the individual customer uas^d upon the fair and reason-
able value of the service to be rendered by the Contrac-
tor. In the event the parties are unable to agree then
the question or questions i.i dispute shall be submitted
to the City Manager, who shall make the final decision
and the decision shall bo binding on the parties.
c) RESPONSIBILITY FOR PAYMENT OF FEES.
1) RLSIL'LNTIAL UNIT, SINGLE, The
owner and/or occupant of each residential unit,
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single, shall be responsible to the Contractor for
the payment of the refuse collection fees.
2) RESIDENTIAL UNITS, MULTIPLE. The
owners of residential units, multiple, shall be
solely responsible for the payment of refuse
collection fees.
3) COMMERCIAL AND/OR INDUSTRIAL USES.
The owner and/or operator of each commercial and/or
industrial use, shall be responsible for the pay-
ment of refuse col lection fees as herein set forth.
The City shall not be responsible for payment of
any such fees to the Contractor.
4) CIVIL DEBT. All refuse collection
fees constitute a civil debt and shall be the
obligation of the persons above described, and
shall be due and payable whether or not such
service is used or not.
3806. TRANSPORTATION OF GARBAGE AND RUBBISH. N o
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) a person who has a valid written agree-
ment with the City pursuant to Section 3802 hereof, or
an agent or employee of such person.
3807. DISPOSAL OF GARBAGE AND RUBBISH. Refuse 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 permitted pursuant to the
City's zoning regulations.
No person, who is, pursuant to Section 3806 hereof,
authorized to haul or transport garbage through the City, or
in and along any public street or other public place in the
City, shall do so, unless sucn transport be done 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 shall be loaded, operated and
maintained so 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 refuse, gravel,
manure or sand in or over any public street or public place
in the City, unless such vehicle hauling or carrying the same
shall be so constructed, maintained and operated so that none
of the material contained therein will spill or fall on any
public street or public place.
Any such person haulinq any refuse, sand, gravel,
manure or other waste material of any kind, in and along any
public street or public place y shall be solely responsible
for cleaning up any material which falls or dislodges from
such vehicle. If such person fails to dispose of such mate-
rial 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.
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3808. GARBAGE. BURNING OR BURYING. No person
shall bury or dispose of any garbage otherwise than deposit-
ing 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.
3809. 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. The Contractor shall estab-
lish and thereafter maintain a current area schedule of
city wide collection times and places; such schedule
shall be filed with the City Manager.
c) LOCATION OF RECEPTACLES FOR COLLECTION.
Garbage and rubbish receptacles to be collected by the
Contractor 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 agreeable to such persons and the
contractor.
d) RECEPTACLE. Interference With, No
person, other than the Contractor, his employees or a
City employee, shall interfere in any manner with any
refuse receptacle, or the contents thereof, or remove
any such receptacle or the contents thereof, from the
location where the same was placed by the owner or
occupant of the premises for collection.
e) MAXIMUM QUANTITY. There shall be a
maximum amount of refuse to be collected from any one
residential unit not to exceed three cubic yards of
refuse.
f) TREE TRIMMINGS. Tree tr immings, shrub
trimmings, vine clippings and the like, shall not be
subject to collection unless the same is 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 di sposed of shall be either placed in a
sui table receptacle or shall be tied into bundles, not
exceeding 50 pounds in weight; cardboard containers to
be disposed of shall be flattened and tied securely.
h) OMISSION OF SERVICE. Whenever the owner
or occupant of any residential unit within the City
shall fail, 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. That Sections 3810 and 3811 of the
Baldwin Park Municipal code are hereby repealed and rescinded.
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ORD 796 pT3 (Ìì Ò =Ordinance No. 796
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.
PASSED and APPROVED this 1st day of August, 1979
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. 796 was regularly
introduced and placed upon its first reading at a regular
meeting of the City Council on the 18th day of July________,
1979. That, thereafter, said Ordinance was duly approved and adopted
at a regular meeting of the City Council on the 1st day
of August 1979, by the following vote:
AYES: COUNCILMEN Izell, King, Aguilar, Me Neill and Mayor White
NOES: COUNCILMEN
ABSENT: COUNCILMEN
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