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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) 26 27 28 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