HomeMy WebLinkAbout1420 - ORDINANCES - 8/12/1992 ORDINANCE NO. 1420
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 6.05 TO THE
PALM SPRINGS MUNICIPAL CODE, BY ADOPTING
BY REFERENCE RIVERSIDE COUNTY ORDINANCE
712 REGULATING THE COLLECTION, TRANS-
PORTATION AND REMOVAL OF LIQUID WASTES
AND ANIMAL BY PRODUCTS AND RIVERSIDE
COUNTY RESOLUTION NO. 91-474 ESTABLISHING
STANDARDS GOVERNING THE CONSTRUCTION AND
PROVISION OF PORTABLE TOILET FACILITIES
UNDER ORDINANCE NO. 712 .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6. 05 of the Palm Springs Municipal Code
relating to collection, transportation, and removal of waste
products is hereby added, reading as follows:
Chapter 6 .05
Collection, Transportation, and
Removal of Waste Products
6.05 . 010 Incorporation by reference. Thai; certain
document, a copy of which is on file in the office of
the city clerk of the city, being marked and designated
as "Ordinance No. 712 an Ordinance of the County of
Riverside Regulating the Collection, Transportation and
Removal of: Liquid Wastes and Animal By Products" and all
appendices, tables, and indices thereto, including the
provisions of a document entitled "Resolution No. 91-474
Establishing Standards Governing the Construction and
Provision of Portable Toilet Facilities Under Ordinance
No. 712, " is hereby adopted and incorporated herein as
if fully set out at length herein, and the provisions
thereof shall be controlling within the limits of the
City of Palm Springs, except as herein provided„
pursuant to the provisions of Section 50022. 1 et seq. of
the California Government Code.
SECTION 3 . Chapter 6 . 05 of the Palm Springs Municipal Code
relating to collection, transportation, and removal of waste
products, is hereby amended by adding thereto a new section
to be numbered 6 . 05 . 020, and reading as follows :
6.05. 020 Additions by Amendments. The Code
adopted by Section 6. 05.010 by reference is hereby
amended by the following additions and amendments:
a.J
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ORD NO. 1420
PAGE 2
( 1) Section 3(A) ( 1) (c) is to read as follows :
The permittee shall be required to conduct testing
of all waste to include at least a pH analysis of
each load accepted. Waste with a pH less than or
equal to 5 . 5, or greater than or equal to 9.0 is
considered a hazardous waste and shall not be
handled by permittees unless a valid permit for
hazardous materials collection has been secured
from the California State Department of Health
Services .
( 2) Section 9 relating to Reservation of County' s
Right to Manage Waste Stream is hereby repealed.
SECTION 6. Chapter 6 . 05 of the Palm Springs Municipal Code
relating to collection, transportation and removal of waste
products is hereby amended by adding thereto a new section to
be numbered 6. 05. 030, and reading as follows:
6 . 05.030 Reservation of rights. The City reserves
the authority to supersede those rules, regulations and
ordinances adopted by Sections 6. 05. 010 and 6 . 05 . 020 by
additional existing or future City ordinances and/or
resolutions.
SECTION 7. The Code relating to collection, transportation
and removal of waste products contains the following penalty
provisions at Section 14 and Section 15 :
Public nuisance declaration. Any violation of this
ordinance is hereby deemed to be a public nuisance and
may be abated by the Health Officer irrespective of any
other remedy herein provided.
Violations. Violation of any of the provisions of
this Ordinance, by any person, firm, partnership,
association, or corporation, whether holding a permit or
not, or by any customer, owner, occupant or agent, of a
customer or user of waste services, constitutes an
infraction or misdemeanor as hereinafter specified.
Such person or entity shall be deemed guilty of a
separate offense for each and every day or portion
thereof during which any violation is committed,
continued or takes place.
Any persons convicted shall be: (1) guilty of an
infraction offense and punished by a fine not exceeding
one hundred dollars ($100 . 00) for the first violation;
guilty of an infraction offense and punished by a fine
not exceeding two hundred dollars ($200 . 00) for a second
violation within two ( 2) years of the first violation
and perpetrated by the same person, The third and any
additional violations perpetrated by the same person
shall constitute a misdemeanor offense and shall be
punishable by a fine not exceeding one thousand dollars
($1000 . 00) or six (6) months in jail, or both.
ORD NO. 1420
:PAGE 3
Notwithstanding the above, a first offense may be
charged and prosecuted as a misdemeanor . Payment of any
penalty shall not relieve a person from the :responsi-
bility for correcting the violation at his own expense.
SECTION 9. EFFECTIVE DATE„ This Ordinance shall be in full
force and effect thirty ( 30:1 days after passage.
SECTION 10. PUBLICATION. The City Clerk is hereby ordered
and directed to certify to the passage of this Ordinance, and
to cause the same or a summary thereof or display
advertisement, duly prepared according to la.w, to be
published in accordance with law.
ADOPTED THIS _ 12th day of` August . 1992 .
AYES: Councilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanow
NOES: None
ABSENT: None
ATTEST-:� City of: Palm Springs, California
By By:
City Clerk Mayor
REVIEWED & APPROVED* !t✓. lQ✓' _
I HEREBY CERTIFY that the Foregoing Ordinance 1420 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 12th day of August, 1992 and that same was duly
published in the DESERT SUN, a newspaper of general circulation on
August 20, 1992.
8/178/014084-0001/OB6 ;- JUDITH SUMICH`
City Clerk
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