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HomeMy WebLinkAbout1826 ORDINANCE NO. 1826 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076, AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010, 6.04.020, 6.040.40, AND 6.04.234 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL SERVICES. CityAttorney's Summary This Ordinance amends certain provisions of the City's waste disposal ordinance to conform to the new and additional services and related equipment that will be provided in conjunction with a new franchise agreement for solid waste services in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN: SECTION 1. Section 6.04.010 of the Palm Springs Municipal Code is amended by adding the term "Container" and amending the term "Municipal solid waste" to read: "Container" means a cart, can, commercial bin, debris box, or stationary compactor intended for the purpose of depositing waste for disposal, except construction and demolition debris and bulky items, or recyclable materials for diversion. Containers may be provided by City or its authorized agent, or for manual collection as may be required to be provided by the property owner or occupant generating waste or recyclables. "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 wastewater, 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 oilers, furnaces and incinerators, infectious waste, or hazardous waste. SECTION 2. Section 6.04.020 of the Palm Springs Municipal Code is amended to read: 6.04.020 Containers—Provision required—Adequacy. 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 Ordinance No. 1826 Page 2 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. The containers shall be filled no more than level full and shall be kept covered. When amounts of waste exceed the capacity of the container, it shall be the duty of the property owner or the person responsible for disposal of waste generated at the premises to arrange for removal of such excess waste by the City or its authorized representative. SECTION 3. Section 6.04.040 of the Palm Springs Municipal Code is amended to read: 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, 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. In the event the City or its authorized agent provides carts for waste and recyclable materials for use in its collection system, domestic premises and commercial premises that receive individual collection from carts shall utilize the carts so provided by separating waste and recyclable materials. SECTION 4. Section 6.04.075 is added to the Palm Springs Municipal Code to read: 6.04.075 Debris Boxes. Debris boxes shall be of welded steel construction suitable for storage of construction and demolition debris, yard waste, and bulky items, and shall be equipped to be hauled by a roll-off type of refuse truck designed for that purpose. Debris boxes shall be filled more than level full and shall not exceed eleven tons at the time of collection. SECTION 5. Section 6.04.076 is added to the Palm Springs Municipal Code to read: 6.04.076 Stationary Compactor. Stationary compactors shall be of welded steel construction, fully enclosed with detachable compaction units suitable for storage of waste, except construction and demolition debris and bulky items, and shall be equipped to be hauled by a roll-off type refuse truck designed for that purpose. Stationary compactors shall not exceed eleven tons at the time of collection. Ordinance No. 1826 Page 3 SECTION 6. Section 6.04.100 is added to the Palm Springs Municipal Code to read: 6.04.100 Construction and Demolition Debris. Waste resulting from demolition, remodeling, refurbishing, landscaping, or construction at any premises shall not be deposited in containers designed or otherwise intended for domestic or commercial waste. SECTION 7. Section 6.04.234 of the Palm Springs Municipal Code is amended to read: 6.04.234 Unauthorized 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 materials of the city and its inhabitants, it is unlawful for any person other than the contractor, or its 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, and generated by the gardening or landscape services performed. SECTION 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 41h DAY OF SEPTEMBER, 2013. Z/0444— /9 42:�J7 STEPH N P. POUGNET, MAYOR ATTEST: AMES THOMPSON, CITY CLERK Ordinance No. 1826 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1826 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 3 Ru day of July, 2013, and adopted at a regular meeting of the City Council held on the 4T" day of September, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Mills and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. AMES THOMPSON, CITY CLERK City of Palm Springs, California 0q/kglzdr3