HomeMy WebLinkAboutORD 1014 (1989) 1 ORDINANCE NO. 1014
AN ORDINANCE OF THE CITY COUNCIL OF THE
5 CITY OF TUSTIN, CALIFORNIA, AMENDING
CHAPTER 3, SECTIONS 4311 ET SEO. OF THE
4 TUSTIN CITY CODE RELATIVE TO SOLID WASTE
COLLECTION AND DISPOSAL.
5
6
The City Council of the City of Tustin does hereby ordain
as follows:
8 1. Chapter 3 of the Tustin City Code, Section 4311 et
seq. is hereby amended as follows hereinafter in this
9 Ordinance.
10 2. Section 4311 is hereby amended as follows:
1! "A. 'Food Waste' means animal,
vegetable or mineral matter derived from
12 the preparation or packaging of food
stuff, but does not include hazardous
15 materials as herein defined.
14 B. 'Hazardous Materials' means and
includes wastes that are hazardous by
15
reason of their pathological, explosive,
radiological, or toxic characteristics,
16 including, but not limited to flammable
waste, waste transported in a bulk
17
tanker, liquid waste, sludge waste,
waste from any industrial process, waste
18 from any pollution control process,
residue and debris from the clean-up of
19
a spill or release of chemical
substances., commercial products or any
20 other special wastes, contaminated soil,
21 waste, residue, debris and articles from
the clean-up of a site or facility
22 formerly used for the generation,
storage, treatment, recycling,
25 reclamation or disposal of any other
special waste, dead animals, manure,
24 sewage waste, wastewater, explosive
substance, radioactive material, and any
material which has been exposed to
25
highly infectious or contagious
26 diseases.
C. 'Solid Waste' means and includes
food waste, rubbish, trash and other
28 similar waste materials which ordinarily
accumulate from the operation of a
1 household or business, but shall not
include discarded-automobile or truck
2 bodies, other bulky or heavy objects,
waste material resulting from any
3 manufacturing, building or construction
4 operations, manure, offal, waste from
any poultry yard or stable or hazardous
materials."
5
~ 4. Section 4321 is hereby amended to read as follows:
"ThroMi~Zqr Scatterin~ on Street
7 Prohibited.
8 No person shall:
9 a. Throw, place, scatter or deposit any
solid waste material in or upon any
10 public alley, street or highway except
11 as herein expressly authorized,
b. Throw, place, scatter or deposit any
such material upon or below the surface
of any premises an such a manner that
13
the same is or may become a nuisance or
14 endanger the public health,
c. Cause. or permit any solid waste to
15 be carried or placed other than in
accordance with the provisions of this
16
Code."
17 5. Section 4322 is hereby amended to read as follows:
18 "Receptacle for Food Wastes
19 No person shall dump food wastes or
other similar substance in anything
20
except a tight container for holdi'ng
2i garbage. Each such container shall be
constructed of metal or plastic, shall
22 be water tight, shall be so constructed
as to contain not less than.three.
23 gallons and no more than sixteen gallons
and of such shape and weight as may be
24 easily handled, and .shall be provided
with handles on the outside thereof and
25 with a tight fitting metal or plastic
cover; and it shall be the duty of each
26 owner or manager of any boarding house,
restaurant, hotel or eating place, every
27 person occupying a.dwelling house and
every other person carrying on any sort
28 of business in connection with which
2
1 garbage is commonly accumulated to keep
a vessel or receptacle of the type as
herein described for holding. garbage.
2 Small amounts of food waste which are
reasonably free of water may be wrapped
3 in several thicknesses. of paper and
deposited with other solid wastes
4
provided no odor, secretion, or other
nuisance is created and provided such
5 food wastes are protected from
disturbance by animals."
6
6. Section 4323 is hereby amended to read as follows:
7
8 "Receptacle for Other Solid Wastes
a. Containers
9
10 Every person occupying or having charge
or control of any premises shall, in
addition to the food waste receptacle
11 described in Section 4322, provide
12 or cause to be provided suitable
containers or receptacles approved by
City for the accumulation and collection
13 of rubbish or waste material from such
14 premises, each of which containers or
receptacles shall have a maximum
15 capacity of 35 gallons and shall weigh
no more than 60 pounds when filled and
16 set out for collection, provided,
however, that spec. ial bins designed for
17 mechanical loading shall be exempt from
the 60 pound weight restriction provided
18 they are used in accordance with the
City approved regulations. City shall
19 prescribe from time to time the type or
types of receptacles to be used for each
20 premises. Where bin service is
prescribed by City for a premises, the
21 person or persons in charge of premises
shall causes bins to be provided by
2~- City's contractor and shall pay the fees
therefor approved by City.
b. Special Materials
Branches of trees, hedges, or shrubs,
25 shall be cut in lengths of not over 4
feet and placed in containers as
26 described above or, in lieu thereof,
such branches or clippings may be tied
27 in bundles not to exceed 50 pounds per
bundle, provided, however, that no more
28 than 6 bundles shall be set out for
3
collection.. All vacuum cleaner dust,
1 sweepings, or ashes shall be placed in
enclosed containers.
c. Removal from Premises Required.
'3
4 Every person occupying or having charge
-or ..control of any premises shall cause
the containers approved for the premises
5 to be emptied and all food waste,
rubbish, or waste material .removed from
6 the premises and disposed of in a manner
as prescribed by this Code'at least once
7 in each calendar week except as provided
in Section 4324."
8
7. Section 4324 is hereby amended to read as follows:
9
10 "Disposal of Special Materials
11 Every person occupying 'or having charge
or control of any premises shall, at
12 least once in each calendar month,
collect and dispose of, or cause to be
collected and disposed of in accordance
13
with the provisions of this Code, all
14 debris, other than normal household
rubbish, including trees, logs, auto
15 bodies, grass from-renovating, sod, dirt
or similar material, and heavy or bulky
16 objects, and all other waste not
included in the meaning of Solid Waste,
as defined in Section 4311, which may
17 have accumulated on his premises,
18 provided that building o'r construction
waste and debris need be removed only
upon completion of construction
19
operations. Such materials shall be
removed by and disposed of in a lawful
manner and in accordance with this Code
21 by:
a. the person occupying or having
control of the premises,
23 b. by any member of his family or,
c. by the Contractor (as defined in
25 Section 4311) 'servicing such area.
-26 An extra charge, as determined by the
Contractor, may be imposed for the
27 collection of such material."
28 8. Section 4325 is hereby amended to read as follows:
1 "Placement for Collection
2 Every person having solid waste material
to be collected and removed from
3 premises shall place.' and keep t. he same
in such approved receptacles as required
4 by this Code, and shall place such
r. eceptacles along the street curb in
5 front of the premises from which such
material is to be removed, or. along the
propeorty line of the alley in the rear
? or at the side thereof, according to the
route approved by the City, on the days
approved by the City for the collection
8 of such material on such route. No
person shall place any receptacle in any
9 street, alley or other public way at any
time or place other than as above
10
provided, or before noon on the day
preceeding the normal collection day, or
11 allow any receptacle placed by him in
'12 any such street, alley, or public way,
to be or remain therein or thereon for
more than 12 hours after such receptacle
13
has been emptied. Special bins shall be
maintained or moved to a location prior
14
to scheduled-collecti.ons which is
'suitable for convenient collection or
15
which has been agreed upon by the
16 Contractor and user."
9. Section ~326 is hereby amended to read as follows:
17
18 Avoiding Collection Charge'
No person, for the purpose of avoiding
19
payment to any Contractor for collection
20 and disposal of any solid waste
material, or for the purpose of evading
21 any limitation on any collection service
as imposed by this Chapter, shall place
22 or cause to be placed any solid w.aste
material with that of any other
23 household or other premises."
24 10. Section 4332 is hereby amended to read as follows:
25
"The City' shall provide for the
26 collection and disposal of solid waste
material from all premises at least once
27 each calendar week. Such provision may
be made either by letting a contract for
28 such collection and removal, or
5
otherwise. The City, its duly
1
authorized agents, servants and
employees, or any Contractor with whom
Z the City may contract therefor, and the
agents, servants and employees of such
3 Contractor,. while any such contract
shall be in' force, shall have the
4 exclusive right to gather, collect, and
remove solid waste material from all
5 premises in the City (excluding State
and Federal facilities).
6
No person other than those above
7
specified shall gather, collect or
remove any solid waste material from any
8 premises or take any such material from
any receptacle in which the same may be
· 9 placed for' collection or removal, or
interfere with or disturb any. such
10
receptacle, or remove any such
receptacle from any location where the
11 same is placed by the owner or occupant
thereof, or remove the contents of any
12 such receptacle; provided, however, that
nothing in this code shall be deemed to
15 prohibit the occupant of any dwelling,
himself, or a member of his family, from
14 removing from the premises any heavy or
bulky objects or debris as. provided for
15 in Section 4324."
16
adjourned
PASSED AND ADOPTED at m/regular meeting of the City
17 Council of the City of Tustin, California, held on the 3rd
18 day of January , 1989.
19
20 //~...~._~,.x..-e.~ " ~-~':--, ',-..-,~" ::
21 MAYOR
22
ATTEST:
23
25
JGR: se: R: 12/14/88 (1015)
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6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
.CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the Cit. y Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 1014 was duly and regularly introduced and read at a regular meeting
of the City ~il held on the 19th day of December, 1988, and was given its
second reading and duly passed and adopted at an adjourned regular meeting held on
the 3rd day of ~anuar~,, 1989, by the following vote:
AYES : COUNCILPERSONS: Kennedy, Edgar, Hoesterey, Kelly, Prescott
NOES : COUNCILPERSONS,: None
ABSENT: COUNCILPERSONS: None
City of Tus~tN~n California
Summary Printed Tusti n News:
January 12, 1989
January 19, 1989