HomeMy WebLinkAbout1429 - ORDINANCES - 12/16/1992 ORDINANCE NO. 1429
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 6.04,HEALTH AND SANITATION PORTION OF:
THE MUNICIPAL CODE SECTIONS 6.04.010, 6.04.020, 6.04.030,
6.04.040, 6.04.070, 6.04.080, 6.04.090, 6.04.110, 6.041.120,
6.04.130, 6.04.140, 6.04.145, 6.04.180, 6.04.190, 6.04.200,
6.04.210, 6.04.215, 6.04.230„6.04.232, 6.04.234, 6.04.24?5 AND
6.04.250 CONCERNING I WASTE DISPOSAL TO ADD PROVISIONS
RELATED TO RECYCLABLE4i, ADDING SECTIONS 6.04.015„
6.04.212, 6.04.260 AND 6.04.270, AND DELETING SECTIONS
6.04.040, 6.04.060, 6.04A 00,6.04.150, 6.04.160, 6.04.170 AND
6.04.175.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, AS FOLLOWS:
SECTION 1 . Chapter title 6.04 is hereby amended to read as follows:
Chapter 6.04 Waste: Dfsl.osal,-gsnd Diversion
SECTION 2. Section 6.04.010 of the Palm Springs Municipal Code is hereby amended to read as
follows:
6.04.010 D .fe inis:Q6. "Bulky items" includes objects of furniture, household or
industrial appliances, shipping crates and containers and other large bulky or heavy objects
not normally discarded on a regular basis by city residences, commercial or industrial
establishments.
"Agreement" means any contract or franchise agreement for solid waste services
approved by the City Council.
"City" means the City of Palm Springs, a municipal corporation organized under the
laws of the State of California, and all territory lying within the municipal boundaries of the
City as presently existing and all geographic areas which may be added or annexed thereto.
"City Manager" means the City Manager of the City of Palm Springs or his designee.
"Contractor" means any party, to an agreement with the City for Solid Waste
Management Services and shall include all subcontractors and assigns to such agreements.
"Hazardous Waste" means any waste materials or mixture of wastes that is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through
decomposition, heat or other means, if such a waste or mixture of wastes may cause
substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.
Hazardous Waste includes any material so defined) by State or Federal Law.
"Infectious Waste" means waste capable of producing an infection or pertaining to
or characterized by the presence of pathogens. It includes but is not limited to certain
wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs,
mortuaries,taxidermists,veterinarians,veterinary hospitals and medical testing labs and any
waste that includes animal wastes.
"Multiple-Family Dwelling" means Premises used for residential purposes including
condominium projects, duplexes, townhouse projects, apartment houses, or mobile home
parks, irrespective of whether residence therein is transient, temporary or permanent
which receive collection services from centralized locations.
"Municipal Solid Waste" means all solid wastes generated by residential, commercial,
and industrial sources, and all solid waste generated at construction and demolition sites,
and at treatment works for water and waste water, which are collected and transported
under authorization of the City or are :self-hauled. Municipal Solid waste does not include
agricultural crop residues,mining waste and fuel extraction waste,forestry wastes,ash from
industrial boilers, furnaces and incinerators or Hazardous Waste.
"Owner" means the person, organization or corporation holding legal title to the real
property constituting the Premises to which Solid Waste Management Services are provided
or required to be provided.
"Premises" means any parcel of land, building and/or structure or portion thereof, in
the City where Municipal Solid Waste is produced, generated or accumulated.
"Recyclable Material" means any product Salvaged or collected for the purpose of
reprocessing or remanufacturing.
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"Recycling" means the process of Salvaging, transporting, storing, marketing, reuse,
reprocessing or remanufacture of Recyclable Materials.
"Salvaging" means the process of controlled removal of waste for the purpose of
Recycling or for the purpose of reuse without reprocessing or remanufacturing.
"Solid Waste Management Services" means the planning, design delivery and
monitoring of systems and processes to collect, transport and dispose of Municipal Solid
Waste and activities to divert Waste from landfills.
"Waste" is a comprehensive term for Municipal Solid Wastes which are not deemed
to be Recyclable Materials.
"Waste Diversion" means any effort to reduce the amount of Waste disposed of at
landfill by reduction, reuse, recycling or composting.
SECTION 3. Section 6.04.015 is hereby added to read as follows:
6.04.015 Selection of Contractor. Pursuant to the provisions of the State Public
Resources and Government Codes, the City Council is empowered to enter into an
Agreement for Solid Waste Management Services through a private Contractor. In selecting
a Contractor, the City Council shall not engage a Contractor which has been, or whose
officers, directors, shareholders, subsidiaries, affiliates, employees or agents have been,
found guilty of felonious conduct related to antis-trust activities, illegal transport or disposal
of Hazardous Waste, or bribery of public officials.
Further, during the term of any Agreement with the City, should the Contractor or
any of its officers, directors, shareholders, affiliates, employees or agents be found guilty
or should it be determined to have been found guilty of said felonious conduct described
above, the City reserves the unilateral right to terminate its Agreement or to impose such
other sanctions (which may include financial sanctions,temporary suspensions or any other
condition deemed appropriate short of termination) as it shall deem proper. Such action shall
be taken after Contractor has been given notice and opportunity to present evidence in
mitigation.
The term "found guilty" shall be deemed to include any judicial determination of guilt
including, but not limited to, pleas of "guilty", "nolo contendere", "no contest" or "guilty to
a lesser charge" entered as part of a plea bargain.
SECTION 4. Section 6.04.020 is hereby amended to read as follows:
6.04.020 Containers--Provision Reguired--Adeauacy. It is the duty of every person
in possession, charge or control of any Premises within the City, in or from which Waste is
produced, generated or accumulated, to provide, and at all times to keep in a suitable place
readily accessible to the Waste or Recyclable Material collector, containers capable of
holding without spilling all materials which would ordinarily accumulate on such Premises
between the times of two successive collections. No containers shall be located within
locked gates or doors or in a fenced or enclosed area used to restrain animals at the time of
collection. Said containers shall be filled no more than level full and shall be kept
covered.(Ord. 936 S1(part), 1972: prior code S5711).
SECTION 5. Section 6.04.030 is hereby amended to read as follows:
Section 6 04 030 Containers--Multiple-Family Dwellings The owner of any Multiple-
Family Dwelling must provide or cause to be provided such proper Waste containers; and all
Waste containers from any Multiple-Family Dwelling must be marked so as to indicate the
unit to which they belong. Alternatively, the owner of any Multiple Family Dwelling may
arrange for Waste containers placed at centralized locations provided by the Waste collector
provided there exists adequate space for storage in compliance with the requirements of the
City (Ord. 936 S1(part), 1972: prior code S5712).
SECTION 6. Section 6.04.040 is hereby amended to read as follows:
6.04.040 Containers--Domestic--Specifications All domestic Waste containers shall
be constructed of metal or plastic, equipped with suitable handles and tight fitting covers,
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watertight, have a capacity of not less than ten gallons and not more than thirty-two gallons
and have a total loaded weight of not ;more than fifty pounds at the time of: collection.
SECTION 7. Section 6.04.050 is hereby deleted.
SECTION 8. Section 6.04.060 is hereby deleted.
SECTION 9. Section 6.04.070 is hereby amended to read as follows:
6.04.070 Commercial ty[ig il. A commercial type bin shall be of welded steel
construction suitable for the storage of Waste and shall be constructed to specifications
compatible with equipment in use and approved by the City Manager and the Contractor,
if an Agreement is in effect.
SECTION 10. Section 6.04.080 is hereby amended to read as follows:
6.04.080 Liouid waste--denoAk_ No liquid Waste shall] be deposited in containers
with any Solid Waste. (Prior code S5721)
SECTION 11. Section 6.04.090 is hereby amended to read as follows:
6.04.090 Kitchen Wa =Qr_0ioginrl na d wrrarroinq. All kitchen Waste shall be drained
of liquids and completely wrapped in paper or plastic before being placed in a waste
container. (Prior code S5722).
SECTION 12. Section 6.04.100 is hereby deleted.
SECTION 13. Section 6.04.110 is hereby amended to read as follows:
6.04.110 Placina of Waste and Recyc]ab]es in street:;_ No person shall place or
deposit any Waste or Recyclable Materials in or upon any public place, street,alley, sidewalk
or footpath in the City except in proper containers for the purpose of collection by the
collectors and between the hours of five a.m. and eight p.m. on the days when the City or
its authorized agent collects from particular Premises adjacent thereto. (Ord. 936 S1(part),
1972: Ord. 914 S1 B(part), 1971: prior code S5731.
SECTION 14. Section 6.04.120 is hereby amended to read as follows:
6.04.120 Unlawful use of Wp ;te or Recycling receptacles. It is unlawful for any
person operating or connected with any business to place or deposit Waste in any container
placed upon the public street by public authority, and meant primarily for the disposal of
Waste or Recyclable Materials by pedestrians using the sidewalk. Such persons and
business Premises shall contract separately for the removal) of Waste and Recyclable
Materials in containers maintained by the persona or business Premises. (Ord. 936 S1(part),
1972: prior code S5731.1).
SECTION 15. Section 6.04.130 is hereby amended to read as follows:
6.04.130 Improoer keeoing_gf Waste as nuisance. The keeping of Waste in
containers other than those prescribed by this chapter, or the keeping upon Premises of
Waste which is offensive, obnoxious, or unsanitary shall be unlawful, shall constitute a
public nuisance and may be abated in the manner now or hereafter provided by law for the
abatement of nuisances. (Prior code 55732).
SECTION 16. Section 6.04.140 is hereby amended to read as follows:
Section 6.04.140 Burning of WVaste prohibited. No person shall burn any Waste
within the City, except in an approved incinerator or other device for which a permit has
been issued by the chief building inspector, which complies with all applicable permit and
other regulations of the air pollution control district, and provided any such act of burning
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in all respects complies with all other laws,and rules and regulations administered by the air
pollution control district. (Ord. 914 S1 B(part), 1971: Prior code 55733).
SECTION 17. Section 6.04.145 is hereby deleted.
SECTION 18. Section 6.04.150 is hereby deleted.
SECTION 19. Section 6.04.160 is hereby deleted.
SECTION 20. Section 6.04.170 is hereby deleted.
SECTION 21. Section 6.04.175 is hereby deleted.
SECTION 22. Section 6.04.180 is hereby amended to read as follows:
6 04 180 Haulino of own Was e--a.Senerglhr prohibited. New person shall transport or
have Waste (other than bulky items or Yard Waste such as clippings, branches, leaves and
the like) in, over or upon the streets, alleyways or other public rights-of-way of the City
unless and until a license, contract, w other psrmission to do so has been granted by the
City Council. (Ord. 1004 S2, 1975: Ord. 969 S1, 1974: Ord. 914 S1 B(part), 1971 : prior
code 55754).
SECTION 23. Section 6.04.190 is hereby amended m read as follows:
6.04.190 Est blishment of rates and ickup Schedules The Council shall, by
resolution, from time to time,establish rates and pickup schedules for collection and disposal
of Waste accumulated or produced within the City. Council may delegate to the City
Manager authority to establish collection schedules and rates from all commercial and
industrial Premises. (Ord. 914 S18(pad't), 1971: prior code S5751).
SECTION 24. Section 6.04.200 is hereby amended to read as follows:
6 04 200 Waste collection servioe--Man atorv. (a) Every person who owns, and
every person who occupies, any developed real property within the City, whether at a
residential location or otherwise, shall make or cause to be made with the City's authorized
agent (when an Agreement for Waste collection is in force) or with the City (when no such
Agreement exists) appropriate arrangements for regular Waste collection services, and it is
unlawful for any such person to fail, refuse or neglect to do so. An occupant of a Premise
shall be deemed to have complied with this subsection if the Owner of the Premises has
caused to be made such appropriate arrangements for collection of Waste upon all portions
of the Premises occupied by said occupant. An Owner shall be deemed to have complied
with this subsection if an occupant or occupants has or have caused to be made such
appropriate arrangements for collection of all Waste upon all portions of said Premises.
(b) It is further unlawful, and a public nuisance, for any person to occupy or
inhabit any property within the City for which appropriate arrangements have not
been made and kept in full force and effect, including payment therefor, for regular
Waste collection services, in compliance with subsection (a) of this section.
(c) Every person having a duty, pursuant to subsection (a) of this section, to
make or cause to be made arrangements for regular Waste collection services shall
be liable for payment of the appropriate service fees and charges therefor to the same
extent and at the same times whether such person has or has not made the
appropriate arrangements for collection services in compliance with subsection (a) of
this section. Whenever the fees or charges for such services have not been paid
when due, all of the persons mentioned in subsection (a)shall be jointly and severally
liable for payment thereof (together with any applicable penalties and interest)
irrespective of which person may have made any existing arrangements for collection
services, provided that an occupant of only a portion of a parcel of real property or
Premises shall be deemed liable only for the fees or charges, or portion thereof,
attributable to collection services for Waste produced or to be produced or
accumulated by said occupant.
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(d) Owners of Premises which have been unoccupied by any human
habitation and upon which no Waste has been produced or accumulated (other than
Yard Waste such as clippings, branches, loa4 cs, and the Vice, which has been
promptly removed by personnel doing gardening work on the premises), for twelve
consecutive months or more, shall be exempted for a period of up to twelve months
or until the Premises becomes occupied or produces or accumulates Waste.
Exemptions shall automatically expire each December 31. Disputes as to whether
particular owners are entitled to such axemption shall be resolved in accordance with
the procedure prescribed in Section 6.04.232 of this chapter. (Ord. 1004 S3, 1975:
Ord. 969 S2, 1974: Ord. 936 S1(part), 1971: prior code S5762).
SECTION 25. The title of Section 6.04.210 is hereby amended to read as follows:
6.04.210 Waste and RegyrlaF,�-Ilg> Material collection sent and receipts.
All payments shall be made to the city or to its authorized agent, and appropriate receipts
therefor shall be issued. (Ord. !914 S'113(part), 1971: prior code S5763).
SECTION 26. Section 6.04.212 is hereby added:
6.04.212 Terminafionn Serving, City, or its authorizer,) agent (when an agreement
for Waste collection services is in force), may terminate service to any business or residential
Premises with commercial type bin or other containerized service for nonpayment when fees
and charges for Waste and Recyclable Material collection services remain unpaid for sixty
or more days. Termination of service for nonpayment shall cause the owner or occupant to
be in violation of Section 6.04.200 of this chapter.
SECTION 27. Section 6.04.215 is hereby amended to read as follows:
6.04.215 Delinauent feeamd-pharges- Alternative mel:hod of collection. Any fees
or charges for Waste and Recyclable Material collection services which remain unpaid for a
period of sixty or more clays after the date upon which they were billed may be collected
thereafter in the manner provided in r9overnment Code Section 25831 and 38790.1. The
remedy provided by this section is cumulative and alternative to any other method of
collection of such delinquent fees and charges. (Ord. 1238 sl, 1985).
6.04.220 Disoosition of moneys. All moneys paid to the City shall be deposited in
the appropriate fund, as designated by resolution of the Council. (Ord. 914 SIl B(part), 1971 :
prior code S5764).
SECTION 28. Section 6.04.230 is hereby amended to read as follows:
6.04.23.0 Rules Iry City�L&in@Lr. The City Manager shall have the power and
authority to promulgate rules and regulations supplemental to and not Inconsistent with the
provisions of this chapter governing the keeping, placement for collection, and the collection
removal and disposal of MSW and Recyclables. Any such rules and regulation shall become
effective upon approval by the City Council. No person having knowledge of or having been
advised or any such rule or regulation shall disobey, violate, fail or refuse to comply with the
same. (Ord. 936 S1(part), 1972: Ord. 914 S16(part), 1971: prior code S5765).
SECTION 29. Section 6.04.232 is hereby amended to read as follows:
6.04,232 Disout4s--Aor)eal. In any case where a dispute arises as to the rate
charged or to be charged for any service provided for in this chapter, or with regard to any
matter concerning obligations or responsibilities of the Contractor under his franchise or
contract,the matter may be referred to the City Manager, who, upon due investigation, shall
resolve such dispute. Any person aggrieved by the decision of the City Manager may appeal
to the City Council in the manner provided by Chapter 2.05 of this code. (Ord. 1226 S12,
1984: Ord. 936 S1(part), 1972: prior code S5767).
SECTION 30. Section 6.04.234 is hereby amended to read as follows:
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6.04.234 IJnauthorizgd collectors. At such times as there is in force a contract
entered into by the City with any Contractor for the collection and disposal of Waste and
Recyclable RbVateriais oG the City ai,,d its ini-obitanto, it is unlawful Tor any person other than
the Contractor, or his agents and employees, to collect any Waste or Recyclable Materials
for hire within the City. This section shall not, however, be deemed to prohibit any person
performing gardening or landscape services, and who possesses an appropriate business
license for such activity, from carrying away leaves and the like, generated by the gardening
or landscape services performed. (Ord. 969 S3, 197-4: Ord. 936 S1(part), 1972: prior code
S5769).
SECTION 31. Section 6.04.245 is hereby amended to read as follows:
6.04.245 Powers and duties of the CiL Manaeler. The City Manager is empowered
to inspect and supervise all containers, wagons, cars, trucks, or other vehicles used in the
retention, collection and disposal of Wasts, and to see that the same are kept clean and
sanitary. The City Manager may also inspect places where Waste is deposited. It shall be
his duty to see that all provisions of this chapter and all other applicable ordinances of the
City are fully complied with. (Ord. 936 SI(pert), 1972: prior code 55774).
SECTION 32. Section 6.04.250 is hereby amended to read as follows:
6.04.250 Unauthorized removal of Wove and Recyclable Materials. It is unlawful for
any person, other than a person holding a contract for the collection of Waste and
Recyclable Materials, to take, remove or appropriata for his own use any Waste or
Recyclable Materials,which have been placed in any street,or alley Tor collection or removal,
whether said Waste or Recyclable Materials are placed in regular containers or not. (Prior
code S3801).
In addition to criminal enforcement, the City and the authorized recycling agent have
the independent authority to civilly enforce any provisions of this chapter, to and including
the authority to seek treble damages pursuant to California Government Code Section 66764
and 66761. The City Manager may invoke These remedles, or any of them whenever he
deems it appropriate.
SECTION 33. Section 6.04.260 is hereby added:
6.04.260 Waste Diversion--Permit Ree. .kdreg1_ All persons engaged in the collection
or Waste Diversion generated within the City, and not operating ursder an Agreement with
the City to provide Waste Management Services,shall obtain a permit from the City Manager
to do so. Such permit shall be renewable annually. As a condition of the permit, persons
engaged in Waste Diversion activities shall be required to periodically report the materials
diverted by type, weight and volume, as well as other information on type, weight and
volume of items taken to the landfill at the frequency and in the manner directed by the City
Manager. A permit shall not be issued in instances where issuance would conflict with other
sections of the City's Municipal Code or with Agreements for Waste Management Services
entered into by the City. A permit shall not be required of occupants of residential Premises
who desire to transport, redeem or otherwise salvage Recyclable Materials accumulated or
generated at their own Premises.
SECTION 34. Section 6.04.270 is hereby added:
6.04.270 Waste Diversion Permit--AoPlicatign ,and Fee. A Waste Collection/Diversion
Permit shall be issued to qualified persons engaged in Waste Diversion activities upon the
completion of an application and payment of a fee adequate to cover the City's cost of
administration and monitoring of reporting requirements.
SECTION 35. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days
after passage.
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SECTRON 36. PUBLICATION. The City Clark is hereby ordered and directed to certify to the
passage of these ordinances, and to cause the savne or a sumimary thereof or a display
advertiF,omnent,, duly invaparpd according ''-® I,cvra 'M be pubNohed or, accordance with Saw.
ADOPTED this 16th day of December 1992.
AYES: Members Hodges, Lyons, Reller-•Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
BL_ �-
- �_
City Clerk May&
REVIEWED & APPROVED:
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1429 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
held on the 16th day of December, 1992 and that same was duly published
in the DESERT SUN, a newspaper of general circulation on December 11
and 16, 1992.
4..-{
' JUDITH SUMICH
City Clerk
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