HomeMy WebLinkAboutORD FOR ADOPTION 01-03-89 (2)TO:
FROM:
SUI~I ECT:
WILLIAM A. HUSTON, CITY MANAGER
MARY E. WYNN, CITY CLERK
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ADOPTION OF ORDINANCE NO. 1014 RELATIVE TO SOLID WASTE COLLECTION AND
O ISPOSAL
RECOMMENDATION'
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M. O. - That Ordinance No. 1014 have second reading by title only.
M. O. - That Ordinance No. 1014 be passed and adopted.
{Roll Call Vote)
AGENOA ITEM:
ORDINANCE NO. 1014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING CHAPTER 3, SECTIONS 4311 ET SEQ... OF THE TUSTIN CITY
CODE RELATIVE TO SOLID WASTE COLLECTION AND DISPOSAL
BACKGROUND:
O'rdinance No. 1014 had first reading by title only and introduction at the
December 19, 1988, City Council meeting.
MARY E'. II~YNN, CITY CLERK
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ORDINANCE NO. 1014
AN ORDINANCE OF THE CIT~ COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING
CHAPTER 3, SECTIONS 4311 ET SE0. OF THE
TUSTIN CIT~ CODE RELATIVE TO SOLID WASTE
COLLECTION AND DISPOSAL.
The City Council of the City of Tustin does hereby ordain
as follows:
1. Chapter 3 of the Tustin City Code, Section 4311 et
seq. is hereby amended as follows hereinafter in this
Ordinance.
2. Section 4311 is hereby amended as follows:
"A. ' Food Waste' means animal,
vegetable or mineral matter derived from
the preparation or packaging of food
stuff, but does not include hazardous
materials as herein defined.
B. ' Hazardous Materials' means and
includes wastes that are hazardous by
reason of their pathological, explosive,
radiological, or toxic characteristics,
including, but not limited to flammable
waste, waste transported in a bulk
tanker, liquid waste, sludge waste,
waste from any industrial process, waste
from any pollution control process,
residue and debris from the clean-up of
a spill or release of chemical
substances, commercial products or any
other special wastes, contaminated soil,
waste, residue, debris and articles from
the clean-up of a site or facility
formerly used for the generation,
storage, treatment, recycling ,
reclamation or disposal of any other
special waste, dead animals, manure,
sewage waste, wastewater, explosive
substance, radioactive material, and any
material which has been exposed to
highly infectious or contagious
diseases.
C. 'Solid Waste' means and includes
food waste, rubbish, trash and other
similar waste materials which ordinarily
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accumulate from the operation of a
household or business, but shall not
include discarded automobile or truck-
bodies, other bulky or heavy objects,
waste material resul.ting from any
manufacturing, building or construction
operations, manure, offal, waste--from
any poultry yard or stable or hazardous
materials."
4. Section 4321 is hereby amended to read as follows:
'Throwinq or Scatterin~ on Street
Prohibited.
No person shall:
a. Throw, place, scatter or deposit any
solid waste material in or upon any
public alley, street or highway except
as herein expressly authorized,
b. Throw, place, scatter or deposit any
such material upon or below the surface
of any premises in such a manner that
the same is or may become a nuisance or
endanger the public health,
c. Cause or permit any solid waste to
be carried or placed other than' in
accordance with the provisions of this
Code."
5. Section 4322 is hereby amended to read as follows:
'Receptacle for Food Wastes
No person shall dump food wastes or
other similar substance in anything
except a tight container for holding
garbage. Each such container shall be
constructed of metal or plastic, shall
be water tight, shall be so constructed
as to contain not less than three
gallons and no more than sixteen gallons
and of such shape and weight as may be
easily handled, and shall be provided
with handles on the outside thereof and
with a tight fitting metal or plastic
cover; and it shall be the duty of each
owner or manager of any boarding house,
restaurant, hotel or eating place, every
person occupying a dwelling house and
every other person carrying on any sort
of business in connection with which
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garbage is commonly accumulated to keep
a vessel or receptacle of the type as
herein described for holding garbage.
Small amounts of food waste which are
reasonably free of water may be wrapped
in several thicknesses of paper and
deposited with other solid wastes
provided no odor, secretion, or other
nuisance is created and provided such
food wastes are protected from
disturbance by animals."
6. Section 4323 is hereby amended to read as follows:
"Receptacle for Other Solid Wastes
a. Containers
Every person occupying or having charge
or control of any premises shall, in
addition to the food waste receptacle
described in Section 4322, provide
or cause to be provided suitable
containers or receptacles approved by
City for the accumulation and collection
of rubbish or waste material from such
premises, each of which containers or
receptacles shall have a maximum
capacity of 35 gallons and shall weigh
no more than 60 pounds when filled and
set out for collection, provided,
however, that special bins designed for
mechanical loading shall be exempt from
the 60 pound weight restriction provided
they are used in accordance with the
City approved regulations. City shall
prescribe from time to time the ~ype or
types of receptacles to be used for each
premises. Where bin service is
prescribed by City for a premises, the
person or persons in charge of premises
shall causes bins to be provided by
City's contractor and shall pay the fees
therefor approved by City.
b. Special Materials
Branches of trees, hedges, or shrubs,
shall be cut in lengths of not over 4
feet and placed in containers as
described above or, in lieu thereof,
such branches or clippings may be tied
in bundles not to exceed 50 pounds per
bundle, provided, however, that no more
than 6 bundles shall be set out for
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collection. Ail vacuum cleaner dust,
sweepings, or ashes shall be placed in
enclosed containers.
c. Removal from Premises Required.
Every person occupying Or having charge
or control of any premises shall cause
the containers approved for the premises
to be emptied and all food waste,
rubbish, or waste material removed from
the premises and disposed of in a manner
as prescribed by this Code at least once
in each calendar week except as provided
in Section 4324."
7. Section 4324 is hereby amended to read as follows:
"Disposal of Special Materials
Every person occupying or having charge
or control of any premises shall, at
least once in each calendar month,
collect and dispose of, or cause to be
collected and disposed of in accordance
with the provisions of this Code, all
debris, other than normal household
rubbish, including trees, logs, auto
bodies, grass from renovating, sod, dirt
or similar material, and heavy or bulky
objects, and all other waste not
included in the meaning of Solid Waste,
as defined in Section 4311, which may
have accumulated on his premises,
provided that building or construction
waste and debris need be removed only
upon completion of construction
operations. Such materials shall be
removed by and disposed of in a lawful
manner and in accordance with this Code
by:
a. the person occupying or having
control of the premises,
b. by any member of his family or,
c. by the Contractor (as defined in
Section 4311) servicing such area.
An extra charge, as determine~ by the
Contractor, may be imposed for the
collection of such material."
8. Section 4325 is hereby amended to read as follows:
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"Placement for Collection
Every person having solid waste material
to be collected and removed from
premises shall place and keep the s'ame
in such approved receptacles as required
by this Code, and shall place such
receptacles along the .street curb in
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
of such material on such route. No
person shall place any receptacle in any
street, alley or other public way at any
time or pl'ace, other than as above
provided, or before noon on the day
preceeding the normal collection day, or
allow any receptacle placed by him in
any such street, alley, or public way,
to be or remain therein or thereon for
more than 12 hours after such receptacle
has been emptied. Special bins shall be
maintained or moved to a location prior
to scheduled collections which is
suitable for convenient collection or
which has been agreed upon by the
Contractor and user."
9. Section 4326 is hereby amended to read as follows:
Avoiding Collection Charge
No person, for the purpose of avoiding
payment to any Contractor for collection
and disposal of any solid waste
material, or for the purpose of evading
any limitation on any collection service
as imposed by this Chapter, shall place
or cause to be placed any solid waste
material with that of any other
household or other premises."
10. Section 4332 is hereby amended to read as follows:
"The City shall provide for the
collection and disposal of solid waste
material from all premises at least once
each calendar week. Such provision may
be made either by letting a contract for
such collection and removal, or
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otherwise. The City, its duly
authorized agents, servants and
employees, or any Contractor with whom
the City may contract therefor, and the
agents, servants and employees of such
Contractor, while any such contract-'
shall be in force, shall have the
exclusive right to gather, collect, and
remove solid waste material from all
premises in the City (excluding State
and Federal facilities).
No person other than those above
specified shall gather, collect or
remove any solid waste material from any
premises or take any such material from
any receptacle in which the same may be
placed for collection or removal, or
interfere with or disturb any such
receptacle, or remove any such
receptacle from any location where the
same is placed by the owner or occupant
thereof, or remove the contents of any
such receptacle; provided, however, that
nothing in this code shall be deemed to
prohibit the occupant of any dwelling,
himself, or a member of his family, from
removing from the premises any heavy or
bulky objects or debr'is as provided for
in Section 4324."
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the
day of ..... , 1988.
MAYOR
ATTEST:
CITY CLERK
JGR:se :R: 12/14/88 (1015)
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