HomeMy WebLinkAboutORD 1297ORD 1297Ä— À HÄ—@¸— B bXþORDINANCE NO. 1297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK REPEALING CHAPTER 50 OF THE
BALDWIN PARK MUNICIPAL CODE AND ENACTING A NEW
CHAPTER 50 RELATING TO SOLID WASTE MANAGEMENT
WHEREAS, the City Council of the City of Baldwin Park has determined to enter
into an exclusive franchise for the collection of solid waste within the City's boundaries, the
provisions of which establish the obligations and rights of the City and the franchisee; and
WHEREAS, the requirements for generators of solid waste within the City have
been established by Chapter 50 of the Baldwin Park Municipal Code which was originally
consistent with the franchise agreement, but which has become inconsistent as the
obligations and rights of the parties and the requirements of State law have changed; and
WHEREAS, the City Council desires to repeal and re-enact said Chapter 50 to
provide clearer direction to generators of solid waste and to remove any ambiguities
regarding activities required of the franchisee and solid waste generators in connection with
the storage and collection of solid waste.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
Section 1. Chapter 50 of the Baldwin Park Municipal Code is hereby repealed and a
new Chapter 50 enacted to read as follows:
CHAPTER 50: SOLID WASTE MANAGEMENT
50.01 Definitions.
50.02 Purpose; Effect of Franchise.
50.03 Storage and Disposal of Refuse and Recyclable Materials.
50.04 Collection and Transportation of Refuse.
50.05 Scavenging restricted.
50.06 Fees for Service.
50.07 Requirements for Customers with Cart Service.
50.08 Requirements for Customers with Bin Service.
50.09 Bulky Waste.
50.10 Disposal of tree trimmings.
50.11 Disposal of cardboard.
50.12 Denial of Collection.
50.13 Termination of Collection Service.
50.14 Receptacles.
50.15 Impounding of Unlawful Receptacles.
50.16 Ownership of Refuse and Recyclable Materials.
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50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
A. Bin" shall mean a receptacle approved by the city and
provided by the franchisee consisting of a container from one
1) to six 6) cubic yards in capacity which can only be emptied
mechanically and which is left on the premises served.
B. Bin Service" shall mean service to any premises through the
use of one or more bins or drop-off boxes.
C. Bulky waste" shall mean large items of the type produced as
refuse from the residential use of a dwelling unit including but
not limited to large and small household appliances, e-waste,
water heaters, furnaces, furniture, tires, carpets, and
mattresses. Bulky waste shall not include objects not easily
moved by two men including but not limited to discarded
automobile bodies or engines.
D. Cart" shall mean a receptacle approved by the city and
provided by the franchisee consisting of a plastic container with
a capacity of thirty five 35), sixty four 64) or ninety six 96)
gallons and having a hinged lid and wheels, which is serviced
by an automated or semi-automated side-loading truck.
E. Cart service" shall mean service to any premises through the
use only of a cart(s).
F. Construction and demolition debris" shall mean used or
discarded construction materials removed from premises
during the construction, renovation, and/or demolition of any
structure on the premises, including but not limited to buildings,
landscaping hardscape and paved surfaces. Construction and
demolition debris is also subject to regulation pursuant to
Chapter 53 of this code; in the event of a conflict between the
provisions of Chapter 53 and this chapter, the provisions of
Chapter 53 shall prevail.
G. Customer" shall mean the occupant of premises from which
refuse, recyclable materials, or refuse and recyclable materials
are generated. If the occupant of any premises is not the
owner of the premises, the owner of the premises shall be
deemed to be a co-customer with such occupant.
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H. Director" shall mean the City's Public Works Director and
his/her delegates.
1. Discarded refuse or recyclable material" shall mean refuse or
recyclable material which the owner has disposed of by the
payment of a fee to another for the service of collection,
removal, or disposal of such material, whether or not such fee
is imposed separately or is part of the fee paid for other
services also provided by the person paid to collect, remove or
dispose of such material, and shall include, without limitation,
refuse and recyclable materials placed by a customer for pick-
up by the franchisee.
J. Drop-off box" shall mean a receptacle approved by the city
and provided by the franchisee consisting of a container of
twelve 12) to forty 40) cubic yards in capacity, commonly
referred to as a roll off, or a compactor of the same size, that is
placed at a customer's premises for refuse storage, is picked
up by a truck and transported to a disposal or recycling site for
emptying, and is then returned to the customer's premises.
K. E-waste" shall mean electronic waste including, without
limitation, televisions, computers, monitors, printers, VCRs,
microwave ovens, phones and radios.
L. Franchise" shall mean an agreement for the collection,
removal, and disposal of refuse, recyclable materials, or refuse
and recyclable materials generated on premises within the city,
under such terms and conditions as are contained in this code
and as may be proscribed by the city council.
M. Franchisee" shall mean a person who has a valid franchise or
an agent or employee of that person while acting in the course
and scope of their official duties pursuant to that franchise.
N. Garbage" shall mean any and all dead animals of less than
ten 10) pounds in weight, except those slaughtered for human
consumption; every accumulation of organic waste matter,
whether animal, vegetable and/or other organic 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, infectious wastes, all putrefactive or easily
decomposable waste animal or vegetable matter which is likely
to attract flies or rodents); and other similar matter or material,
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but excluding garbage which is set aside especially for
recycling, rubbish, and hazardous waste.
0. Hazardous waste" shall mean a waste, or combination of
wastes, which is defined as hazardous", extremely
hazardous" or acutely hazardous" under any federal or
California state law or regulation, and any 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.
P. Non-combustible refuse and recyclable materials" shall mean
refuse and recyclable materials consisting of ashes, glass and
crockery bottles, aluminum cans and containers, metals, and
all other similar articles or materials which have minimal
potential for either combusting or decaying.
Q. Occupant" shall mean the person legally entitled to
possession of all, or a portion of, premises within the city.
R. Owner" shall mean the person(s) that holds fee title to
premises within the city.
S. Premises" shall mean any lot or parcel, or any portion thereof,
in the city, and any building or structure located thereon.
Unless otherwise permitted by written agreement of the
Director, each lot, parcel, or portion thereof which has an
address separate from any other lot, parcel or portion thereof
shall be deemed to be a separate premises.
T. Recyclable materials" shall mean materials which a customer
who is the owner thereof intends to discard but which have
some potential economic value and which the city therefore
permits to be set aside, handled, packaged, disposed of by the
customer, offered to the franchisee for collection, or collected
by the franchisee in a manner different from other materials
being discarded by a customer.
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U. Recycling" shall mean the process of collecting and turning
recyclable materials into new products by reprocessing and
remanufacturing them.
V. Refuse" means all types of solid wastes, including garbage,
rubbish, construction and demolition debris, yard waste,
recyclable materials which a customer has determined not to
recycle but to treat as rubbish, and any other solid waste
matter, but excluding hazardous wastes.
W. Rubbish" shall mean all solid waste material 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, 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 and aluminum
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 waste which is not included in the
definition of garbage or hazardous waste.
X. Service rate" shall mean the charge made by the franchisee to
customers of premises to which such franchisee provides
service for the collection, processing and disposal of refuse
and recyclable materials.
Y. Unlawful receptacle" shall mean any receptacle used for
storage or transport of discarded refuse or recyclable material
which receptacle has not been provided by the franchisee,
provided, however, that any receptacle owned and operated by
a State of California designated regional recycling facility shall
not be deemed an unlawful receptacle.
Z. Yard waste" means all tree trimmings, grass cuttings, dead
plants, weeds, leaves, branches and dead trees not more
than six 6) inches diameter) and similar materials produced at
residential premises within the city. Yard waste is a type of
rubbish, but may be set aside, handled, packaged, or offered
to the franchisee for collection in a manner different from other
types of rubbish.
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50.02 PURPOSE; EFFECT OF FRANCHISE.
A. The collection and disposal of refuse and recyclable materials
is a matter requiring control and regulation by the city in order to protect the
public peace, health, safety and general welfare. The regular, thorough, and
continuous collection of refuse and recyclable material is necessary to
protect the public peace, health, safety and general welfare. In order to
insure that such will be accomplished, the city may issue one or more
franchises to a qualified person(s) to collect refuse and/or recyclable
materials upon an exclusive basis under such terms and conditions as are
contained in this code and as may be prescribed by the city council.
B. At all times that the city council has issued a franchise for all or
any part of the city, each person owning or occupying premises within the
area subject to such franchise shall be deemed a customer of such
franchisee and shall be subject to all requirements of this chapter applicable
to a customer."
50.03 STORAGE AND DISPOSAL OF REFUSE AND RECYCLABLE
MATERIALS.
A. Customers may, on a voluntary basis, separate recyclable
materials for the purpose of recycling such items. If a customer chooses not
to separate such items for recycling, such items shall be treated as refuse for
all purposes.
B. No person shall cause or permit refuse or recyclable materials
to accumulate at any premises for a period in excess of seven 7) days,
except non-combustible refuse and recyclable materials which may be
accumulated for a period not to exceed thirty 30) days.
C. Every person having charge or control of any premises shall
cause refuse located in or on such premises to be placed for collection by
the franchisee. Every person having charge or control of any premises shall
cause recyclable materials located in or on such premises to be placed for
collection by the franchisee, deposited into any receptacle owned and
operated by a State of California designated regional recycling facility, or
otherwise disposed of at a location authorized to accept recyclable materials.
Any recyclable materials not so disposed of shall be deemed to be refuse,
and the failure of any person having charge or control of the premises in or
on which materials are or were located to comply with all provisions of this
Chapter relating to refuse shall be a violation of this Chapter.
D. No person shall bury refuse or dispose of any refuse otherwise
than placing such refuse for collection by the franchisee, provided, however,
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that this subsection shall not prohibit i) the reduction of garbage to a liquid
condition and disposing of the same as sewage, or ii) the deposit of yard
waste and garbage in a container designed to compost such materials,
provided such container does not exceed one cubic yard in capacity.
50.04 COLLECTION AND TRANSPORTATION OF REFUSE.
Except as set forth in this section, no person shall collect, carry,
convey, or transport refuse generated or originating within the jurisdictional
limits of the city in, over, upon or through any public street, alley or public
place of the city.
A. Any person who collects, carries, conveys or transports refuse
generated or originating within the jurisdictional limits of the city in, over,
upon or through any public street, alley or public place of the city shall be
guilty of a misdemeanor if the amount of refuse exceeds two 2) cubic yards.
B. Any person who collects, carries, conveys or transports refuse
materials generated or originating within the jurisdictional limits of the city in,
over, upon or through any public street, alley or public place of the city shall
be guilty of an infraction if the amount of refuse is two 2) cubic yards or less.
The provisions of this section shall not apply to i) an officer or
employee of the city while acting in the course and scope of his or her official
duties; or ii) a franchisee.
50.05 SCAVENGING RESTRICTED.
A. No person, other than the franchisee or a city officer, agent or
employee, shall interfere in any manner with any refuse or recyclable
receptacle, or the contents thereof, at the location where such receptacle has
been placed by the customer for collection by the franchisee.
B. Except as set forth in this section, no person shall sort through,
gather, collect, or remove from any container, wherever situated, any
discarded refuse or recyclable materials, nor shall any person convey
discarded refuse or recyclable material which has been removed from a
container, wherever situated, upon or along any public or private street within
the city, or cause or permit any combination of the above to occur.
C. The provisions of this section shall not apply of any to the
following persons:
1. Any person in the employ of the city who shall be
assigned by the city to the work of sorting through, gathering, collecting or
removing refuse or recyclable materials;
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2. Any franchisee;
3. Any person who has a contractual agreement with the
city for the sorting through, gathering, collecting or removing of refuse or
recyclable materials or any employee of such person during the time such
contract shall be in force who is acting within the scope of his or her
employment; or
4. Any person in the employ of or under contract with a
State of California designated regional recycling facility while acting on behalf
of such facility by sorting through, gathering, collecting, or removing material
placed in a receptacle owned and operated by such facility.
50.06 FEES FOR SERVICE.
A. The service rates which may be charged by the franchisee shall
be established by resolution of the city council. Each customer shall pay all
service rates promptly upon receipt of an invoice therefore. Service rates
shall be deemed a civil debt owed by the customer to the franchisee and
may be collected by the franchisee in the manner permitted by law.
B. Failure of a customer to pay service rates which have been
invoiced by the franchisee to the customer in compliance with subsection A
of this section shall be deemed to be an infraction.
C. The city council may elect to cause the collection of all, or a
portion of, the service rate as a part of the tax bill collection process for real
property taxes in the manner prescribed by law.
50.07 REQUIREMENTS FOR CUSTOMERS WITH CART SERVICE.
Each customer receiving cart service shall comply with the following:
A. Carts shall be placed on the street as close to the curb line as
is practical, or if there is no curb, as close to the street right-of-way line
separating the premises from the street as is possible.
B. Carts and bulky waste shall not be placed for collection before
8:00 p.m. on the day immediately prior to the day designated for such
collection. After the collection of refuse, recyclable materials, and bulky
waste, each cart and any waste material not picked up by the franchisee
shall be promptly removed from the location and returned by the customer of
the premises to a location on the premises which is not visible from any
location outside of the premises. Whether or not collection has occurred, no
person shall permit a cart or bulky material to remain in a location on the
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premises visible from any location outside of the premises after 8:00 p.m. on
the designated day of collection.
C. The maximum weight of the refuse that may be placed in an
individual cart for collection shall not exceed one hundred and fifty 150)
pounds.
D. If more refuse than will fit in the cart(s) provided by the
franchisee is regularly generated at the customer's premises, such customer
shall obtain an additional cart(s). The service rates may require payment for
such additional cart(s).
E. If more refuse than will fit in the cart(s) provided by the
franchisee is generated on an occasional basis at the customer's premises,
such customer shall treat such excess refuse as bulky waste subject to the
provisions of Section 50.09.
50.08 REQUIREMENTS FOR CUSTOMERS WITH BIN SERVICE.
Each customer receiving bin service shall comply with the following:
A. The receptacle(s) shall be placed on a hard surface in a
location(s) accessible by franchisee's collection trucks. The service rates
may require different fees based upon the distance that the franchisee is
required to move a receptacle.
B. If more refuse than will fit in the receptacle(s) provided by the
franchisee is generated on a regular basis at the customer's premises, such
customer shall obtain an additional receptacle(s). The service rates may
require payment for such additional receptacle(s).
C. If more refuse than will fit in the receptacle(s) provided by the
franchisee is generated on an occasional basis at the customer's premises,
such customer shall treat such excess refuse as bulky waste subject to the
provisions of Section 50.09.
50.09 BULKY WASTE.
A. Each customer shall provide for the collection of bulky waste by
the franchisee when such bulky waste exists on the premises such customer
owns or occupies or when bulky waste is located in the right-of-way
immediately adjacent to such premises.
B. Pursuant to state law, Section 97.049 of this code, and Section
50.04 of this chapter, each owner of premises is required to maintain the
sidewalk and parkway adjacent to that premises, including but not limited to
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the removal of bulky waste whether or not such bulky waste was generated
by an occupant of such premises or placed on the owner's premises without
the owner's consent. Consistent with such obligation, each owner of each
premises in the City is deemed to have authorized the franchisee to collect
bulky waste located in the sidewalk, parkway area, or right-of-way adjacent to
such owner's premises. whether or not a request for removal has been
received. The owner shall be responsible for all costs of such removal,
including payment to the franchisee of a service rate.
C. If the city council determines to impose service rates for the
collection of bulky waste, such service rates shall be consistent with the
following:
1. Bulky waste will be picked up from a premises receiving cart
service without cost if all the following conditions are met:
a) the franchisee has been provided notice not less than
forty eight 48) hours prior to the regularly scheduled
collection date for such premises that a pickup of bulky
waste is required at such premises; and
b) not more than six 6) such collections have been made
from such premises in the current calendar year; and
c) the bulky waste is located near the curb adjacent to
such premises; and
d) the bulky waste in any single pickup does not exceed
three 3) cubic yards of refuse or consists of one
household appliance.
If all such conditions are not met, the customer at such
premises will be charged a service rate for pickup of bulky
waste from such premises at a rate or rates established by
resolution of the city council.
If the customer who is billed at such premises is a non-owner
occupant and fails to pay such service rate, the owner of the
premises shall be liable for such cost.
2. Bulky waste will be picked up from a premises receiving bin
service for a service rate as established by resolution of the
city council. The city council shall establish a lower service
rate for the situation where the customer has provided the
franchisee notice of the need for the bulky waste pickup not
less than forty-eight hours prior to the regularly scheduled
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collection date for such premises. If the customer who is billed
at such premises is a non-owner occupant and fails to pay
such service rate, the owner of the premises shall be liable for
such cost.
50.10 DISPOSAL OF TREE TRIMMINGS.
If a customer placing bundles of tree limbs, palm fronds, brush, and
similar dry materials for collection by the franchisee does not place them
within an approved receptacle for refuse or for yard waste, the customer
shall tie such bundles with a heavy cord or wire strong enough to act as a
handle, with no bundle exceeding four 4) feet in length, having a diameter
greater than twelve 12) inches, or a weight greater than fifty 50) pounds,
and shall treat such bundles as bulky waste.
50.11 DISPOSAL OF CARDBOARD.
If a customer placing cardboard containers and papers for collection
by the franchisee does not place them within an approved receptacle for
refuse or for recyclable materials, the customer shall flatten any containers
and tie the cardboard and papers securely into bundles with a heavy cord or
wire strong enough to act as a handle, not exceeding fifty 50) pounds in
weight, and shall treat such bundles as bulky waste.
50.12 DENIAL OF COLLECTION.
The franchisee may decline to collect refuse, recyclable materials,
yard waste, or bulky waste presented for collection by a customer if the
materials or the receptacles in which the materials are presented do not
comply with the requirements of this chapter. If the franchisee declines to
collect materials from a customer, the franchisee must tag the materials or
the receptacles refused for collection noting on the tag the reason(s) for
denial of collection. Failure of the customer to correct the condition(s)
causing non-collection is a violation of this chapter.
50.13 TERMINATION OF COLLECTION SERVICE.
Any premises in the city where the service rate is due and unpaid for a
period of thirty 30) days or more may have service discontinued. Upon
discontinuance of service, the franchisee will provide notification to the
Director, or his/her designee, as to the discontinued service. Termination of
service shall not relieve an owner or an occupant from the requirement to
comply with this chapter.
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D. Within two 2) business days after removal of an unlawful
receptacle, the Director shall mail written notice to the owner of the
receptacle, if an address can be ascertained from information on the
receptacle itself, or to the owner of the property from which the receptacle
was removed, if removed from private property and the owner of the
receptacle cannot otherwise be ascertained. Such notice shall advise that
the receptacle has been removed by the City, and if not redeemed within
thirty 30) days by the owner thereof, and all applicable charges paid, may be
disposed of by the City in any manner which the City deems appropriate.
The charges to redeem an unlawful receptacle shall be as established by
resolution of the City Council.
E. If the owner does not redeem an unlawful receptacle within
thirty 30) days of such notice, the Director may dispose of the receptacle in
such manner as he/she deems appropriate. Notwithstanding any provision
of this section to the contrary, the Director may dispose of the contents of an
impounded unlawful receptacle at any time following impoundment if he/she
determines such disposal is necessary to preserve the public health, safety,
or welfare.
50.16 OWNERSHIP OF REFUSE AND RECYCLABLE MATERIALS.
Ownership of all refuse collected shall transfer to the franchisee as of
the time the same is received by it. Ownership of recyclable materials shall
transfer to the franchisee when the customer owning such recyclable
materials places them for collection by the franchisee. Ownership of
materials placed within a receptacle owned and operated by a State of
California designated regional recycling facility shall transfer to such facility
when the customer owning such materials places them within such
receptacle.
SECTION 2. Notwithstanding the repeal by this ordinance of Chapter 50 of the
Baldwin Park Municipal Code, no suit, proceeding, right, fine, forfeiture, or penalty
instituted, created, given secured, or accrued under said prior Chapter 50 shall in any way
be affected, released, or discharged, but may be prosecuted, enjoyed and recovered as
fully as if said previous Chapter 50 had continued in full force and effect.
SECTION 3. 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.
PASSED AND APPROVED on this 7th day of Febrgary,,Q07
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing ordinance was regularly introduced and for first reading at
a regular meeting of the City Council on January 17, 2007. That there after said Ordinance
No. 1297 was duly approved and adopted at a regular meeting of the City Council on
February 7, 2007 by the following vote:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo
Pacheco, Mayor Pro Tern Marlen Garcia and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ROSEMARY'M. GqTff~RREZ,
CHIEF DEPUTY CI CLERK
BIB]
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XþOrdinance No. 1297
Page 12
50.14 RECEPTACLES.
A. All carts, bins, and drop-off boxes provided by the franchisee
are the sole and exclusive property of the franchisee at all times.
B. No person shall store discarded refuse or recyclable material in
any receptacle other than one provided by the franchisee.
C. It is unlawful for any person to place on any private property
any receptacle for the storage or collection of discarded refuse or recyclable
material which receptacle has not been provided by the franchisee.
D. It is unlawful for any person to place a receptacle for the
storage or collection of discarded refuse or recyclable material in or on any
public property unless such receptacle has been provided by the franchisee
and either i) placement of the receptacle is consistent with the provisions of
Section 50.07 and 50.08 of this Code or ii) an encroachment permit has
been obtained from the City.
E. It is unlawful for any person with any ownership interest in real
property within the City to permit a receptacle for the storage or
transportation of discarded refuse or recyclable material to be located on
such real property if such receptacle has not been provided by the
franchisee.
50.15 IMPOUNDING OF UNLAWFUL RECEPTACLES
A. Any unlawful receptacle may be removed by the Director from
any premises in the City and impounded pursuant to the provisions of this
section. In the event the unlawful receptacle has contents, such contents
may be impounded along with the unlawful receptacle.
B. The Director may remove and impound any unlawful
receptacle, and any contents thereof, which is located on any City-owned
property. Upon being so removed, impoundment shall be pursuant to
subsections D. and E. of this section.
C. Any unlawful receptacle located on property not owned by the
City is hereby declared to be an instrumentality of a crime, being in violation
of Section 50.14 of this Code. Such receptacle may be removed from any
premises in the City and impounded without notice to the owner of the
receptacle, provided, however, that City staff shall undertake best efforts to
obtain consent of the owner or occupant of the property on which the
receptacle is to enter on to such property. Upon being so removed,
impoundment shall be pursuant to subsections D. and E. of this section.
BIB]
39149-U01
ORD-U02
1297-U02
LI2-U03
FO8535-U03
FO101111-U03
DO101112-U03
C5-U03
ORDINANCES-U03
3/7/2007-U04
ROBIN-U04