HomeMy WebLinkAbout265 - Ordinances ORDINANCE NO. 265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.17 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE CONCERNING RESIDENTIAL REFUSE
COLLECTION.
It hereby is ordained by the Council of th~ City of Rancho Cucamonga
as follows:
SECTION 1:
Chapter 8.17 hereby is added to the Rancho Cucamonga Municipal Code
to read as follows:
"Chapter 8.17
RESIDENTIAL REFUSE COLLECTION
Sections:
8.17.010 Legislative policy.
8.17.020 Definitions.
8.17.030 Authority of Council to issue permits for collection and
disposal.
8.17.040 Permits for refuse collection and establishment of collection
fees.
8.17.050 Unlawful collection.
8.17.060 Collection in emer~eies.
8.17.070 Hours of collection.
8.17.080 Refuse collection--Spillage.
8.17.090 Refuse Receptacles.
8.17.100 Placement of receptacles for collection.
8.17.110 Tim- and date of placement of receptacles.
8.17.120 Refuse removal.
8.17.130 Refuse disposal.
8.17.140 Special provisions regarding method of disposal.
8.17.150 Burning, burial or dumping.
8.17.160 Duration of storage.
8.17.170 Us, of trucks.
8.17.180 No parking of refuse trucks on any city street.
8.17.190 Equipment required.
8.17.200 Specifications and restrictions on collection trucks.
8.17.210 Truck inspection.
8.17.220 Per~ittees local telephone number.
8.17.230 Exclusive refuse collection areas.
8.17.240 Permlttee's employees.
8.17.250 Permit for removal of refuse--Prerequisites.
8.17.260 Permit provisions.
8.17.270 Rights of existing collectors.
8.17.280 Charges for service.
8.17.290 Severability.
8.17.010 Le$islative Policy. The City Council of the City of Rancho
Cueamonga does hereby find and determine that storage, accumulation,
collection and disposal of refuse, trash, rubbish, solid waste, debris and
other discarded material is a matter of great public concern, in that improper
control of such matters creates a public nuisance, which may l-ad to air
pollution, fir~ hazards, illegal dumping, insect breeding and rat infestation
and other problems affeetlng the health, welfare and safety of the residents
of Rancho Cueamonga and surrounding cities. The City Council further declares
that regulations in this chapter provided are designed to eliminate or
alleviate such problem~.
8.17.020 Definitions. For the purpose of this chapter, the following words
and phrases are defined and shall be eonstPued as hereinafter set out, unless
it is apparent from the context that a different meaning ~ras intended:
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Page 2
A. Animal Waste - means manure, fertilizer, or any form of solid oxcrement
produced by any and all forms of domestic animals or commercial
livestock.
B. City - means the City of Rancho Cucamonga.
C. City Clark - means the City Clerk of the City of Rancho Cucamonga.
D. City Manager - means the City Manager of the City of Rancho Cucamonga.
E. Council - means the City Council of the City of Rancho Cucamonga.
F. Occupants - means and includes every owner of, and every tenant or person
who is in possession of, is the inhabitant of, or has the care and
control of, an inhabited residence.
G. Permittee - means any refuse collector authorized by the City Council of
the City of Rancho Cucamonga to collect refuse within the City pursuant
to this Chapter 8.17.
H. Person - as used in thim chapter means any individual, firm, corporation,
association, or group or combination acting as a unit.
I. Refuse includes any and all types of rubbish, trash or other waste
material referred to in this Chapter 8.17.
J. Refuse Collector - means any person or persons, firm, copartnership,
Joint venture, association or corporation engaged in the collection,
transportation and/or disposal of solid waste and/or rubbish in the City.
K. Residential Unit - means each place used for residential purposes
including the following but not restricted to: single fam/ly dwellings,
multi-family dwellings, apartments, condominiums, townhouses, mobile home
parks, and trailer courts whether or not utilizing dumpster type bins;
however not included: hospitals, convalescent homes, hotels, and motels.
L. Rubbish - includes, but is not restricted to, all non-biogradable waste,
or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs,
straw, clothing, wood, or wood products, crockery, glass, rubber, metal,
plastic, construction waste and debris and other similar materials.
M. Rubbish Disposal Operator - is synonymous with refuse collector.
N. Salvage - includes rubbish, from which articles of valuo or material of
value, may be extracted, segregated, removed or developed.
O. Solid Waste - includes all putrescible and non-putrescible solid and
semi-solid wastes, such as refuse, rubbish, paper, ashes.
P. Streets - means the public streets, ways and all~ys, except stat,
freeways, as the same now or may hereafter exist within the City.
Q. Trash - includes, but is not restricted to, every accumulation of animal,
vegetable or other material.
1. resulting from the preparation and consumption of edible foodstuffs;
or
2. resulting from decay, dealing in or storage of meats, fish, fowl,
fruits or vegetables, including the cans, containers, or wrappers
wasted along with such materials; or
3. such industrial, domestic and organic refuse or residue of animals
sold for meat; or
4. fruit, vegetable and animal matter from kitchens, dining rooms,
markets, food establishments or any other place using, dealing in or
handling meats, fish, fowl, fruits, vegetables or grains; or
Ordinance No. 265
5. offal, animal waste or the carcasses of animals, fish or fowl; or
6. nonrecyclable glass, paper or metal products.
R. Truck - means any truck, trailer, semitrailer, conveyance or vehic!, used
or intended to be used for the purpose of coll*cting refuse or to haul or
transport refuse.
8.17.030 Authority of City Council to Issue Permits for Disposal and
Collection. Pursuant to Section 66757 of the California Government Code, the
Council shall have the authority to issue exclusive permits for the collection
and disposal of refuse, trash, rubbish and other forms of solid waste as
provided for in this chapter and may, as a condition for issuing such permits,
require a bond from the perm/rte, in an amount determined by the City Council
to insure the faithful performance of such collection and disposal service in
accordance with this chapter and the terms and conditions imposed by the
Council. In the event that any permittee shall fall or refuse to conform to
the conditions of the permit or this chapter, the Council, at its option and
after a hearing called upon at least ten (10) days' written notice to the
permittee, may revoke such 'permit. In issuing permits for refuse and rubbish
collection and disposal, the Council shall not be required to issue the same
based upon the offer of lower or lowest rates, but shall be free to issue such
permits to the person deemed best suited to comply with the terms of this
chapter and such other terms and conditions imposed by the Council.
8.17.040 Permits for Refuse Collection and Establishment of Collection
Fees. The Council hereby does determine that the disposal and/or collection
of refuse, trash, rubbish or other solid waste is a service to be performed in
the Cit~ in accordance with the provisions of this chapter. The City may from
time to time issue permits to those parties meeting the criteria of this
Chapter 8.17 and such other standards as may be established by resolution of
the City Council regarding the collection of refuse, rubbish and other forms
of solid waste from residential units. So long as any such permit remains in
for,e, collection of material provided for herein may be made only in
accordance with the terms and conditions hereof. Such fees and charges for
such collection, removal and disposal services shall be those which the
Council may from time to time hereafter approve by resolution. No person
shall engage in the business of collecting, removing or disposing of any
refuse, trash, rubbish or other solid waste within the City from any
residential unit nor transport the same over any public streets or rights-of-
way, unless a permit to do so has first been obtained from the Council and
such person complies with the provisions of this chapter and any other
regulations which have been adopted pursuant to this chapter.
8.17.050 Unlawful Collection. It is unlawful and a misdemeanor for any
person to collect or transport refuse within the City unless such person is a
permittee as herein defined or is exempted as outlined in A, B, C, D, and E of
this section; and it is unlawful for any person to permit, allow or enter into
any agreement whatsoever for the collection or transportation of refuse from
any residential unit with any person who is not a permitte~ as herein defined
except as permitted in subsections A, B, C, D, and E of this section.
A. The collection and removal of grass clippings and shrubbery by individual
residents and by individuals doing business as professional landscapers,
when the collection is directly related to their work, shall be exempt
from the refuse permit system.
B. A permittee shall not be required to collect hazardous or dangerous
materials as part of its regular collection activity. Liquid and dry
caustics, acids, biohazardous, flammable, explosive materials,
insecticides, and similar substances.shall not be deposited in collection
containers.
Ordinance No 265
Page ~
C. Infectious medical waste (as defined in California Health and Safety Code
25117.5, as amended from time to time or any successor provision or
provisions thereto) shall not be collected by a permittee. Anyone
producing such wastes shall store, handle and dispose of such materials
only in the manner approved by the County Health Officer or designated,
deputy and in accordance with the California Health and Safety Code.
D. The collection and removal of recyelable material, including, but not
limited to, glass, newspapers, aluminum and cardboard, that are separatod
either for reuse or for the manufacture of new products shall be exempt
from the refuse permit system.
E. The removal and disposal of refuse from a residential unit by the
occupant or owner thereof shall be exempt from the refuse permit system,
subject to the provisions of Section 8.17.120 hereof.
8.17.060 Collection in E~ergencies. In emergencies, such as the breakdown
of equipment, or other unforeseen or unpreventable circumstances, where in the
Judgment of the City Manager or designee the particular situation Justifies
such action, the City Manager or designee may issue limited or temporary
permits to private persons or corporations to perform any of the services
regulated by this chapter, subject to such reasonable fees, charges and
conditions as the circumstances may warrant and as the parties involved may
agree upon; provided that such fees and charges received from or paid to any
private persons or corporations under this section for any period exceeding
fifteen (15) days' duration shall be approved by the Council.
8.17.070 Hours of Collection. A permittee shall not collect refuse or'
rubbish within a residential area .=tween the hours of 6:00 p.m. and 6:00 a.m.
the following day. ' '
8.17.080 Refuse Collection--Spillage. Permtttees shall exercise all
reasonable care and diligence in eolleotlng refuse so as to prevent spilling,
scattering or dropping refuse, and shall immediately, at the time of
occurrence, clean up any such spillage.
8.17.090 Refuse Receptacles.
A. It shall be the duty of every tenant, lessee or occupant, of any private
dwelling house, the keeper of every apartment house and of every other
person having refuse, to provide without expense to the City and at all
times, except on eollectlon day, to keep within the building in which any
of the same may be situated sufficient plastic or paper bags specifically
designed for the containment of refuse or watertight metal or plastic
receptacles, except as hereinafter provided, which shall have suitabl~
bales or handles and a tight-fitting cover which shall prevent leakage or
escape of odors; and which when filled within four inches of the top
shall contain all refuse which would ordinarily accumulate on said
premises between collections. The exterior of such receptacles,
including covers, shall be kept clean from accumulated grease or
decomposing materials.
B. Grass clippings, leaves and other yard work debris, other than branches
or tree limbs, may be either deposited in metal or plastic receptacles,
or specially designed bags, as abovementioned or cardboard boxes. If
cardboard boxes are used, the cardboard boxes along with the contonts
shall be considered refuse set out for collection and both the cardboard
boxes and contents shall be collected.
C. Branches, tree limbs or other similar debris shall be tied with sturdy
twine, rope or wire, in bundles not exceeding four (4) feet in length nor
eighteen (18) inches in diameter.
D. Newspapers and magazines may be either deposited in metal or plastic
receptacles, as abovementloned, or tied with sturdy twine, rope or wire,
in bundles not exceeding fifty (50) pounds in weight.
0rdinanc~ No. 265
Page 5
E. Extra or unwanted cardboard boxes shall be flattened and tied in bundles
not exceeding four (4) feet in length nor fifty (50) pounds in weight.
8.17.100 Placement of Receptacles for Collection. It shall be the duty of
occupants to set out or place containers for the collection of refuse,
rubbish, m/scellaneous debris and combined rubbish and/or other solid waste
follows:
Any container or receptacle for the purpose of reception and removal Df
refuse shall be pla,ed at the curb in front of the premises occupied by the
person depositing the same, there to be collected by the permittee; provided
that the permittee may designate some other loeatlon for the placement of
containers and receptacles when such placement will expedite collection.
8.17.110 Time and Date of Placement of Receptacles.
A. No person shall place, or cause to be pla,ed, any refuse or container or
receptacle for refuse, in any public highway or in any place or in any
ma/~ner other than hereinabove provided or at any time other than the days
established by the City for the collection of such refuse on the
particular route involved, not earlier than sunset of the day preceding
the day designated for collection, and all containers and r~ceptacles
shall be removed from the place of collection prior' to 8:00 p.m. of the
day the containers and receptacles have been emptied.
B. Each owner, occupant, tenant, or lessee of a residential unit shall
maintain the same in a sanitary condition. If the containers or
receptacles should not be emptied and the contents removed on the date
and time scheduled by the permittee, they should immediately notify
per~ittee or the City anf/ it shall be the duty of the permittee to
forthwith arrange for the collection and disposal of the refuse.
C. Refuse, trash, rubbish, salvage, and other solid waste which exceeds the
limitations herelnabove set out may, in the discretion of the permi%tee,
be scheduled for special collection upon the application of the occupant
of the premises. Special collection charges may be assessed by the
permittee for this service with prior approval of abovementioned occupant
of the premises.
D. No person, other than the owner thereof, the owner's agents or employees
or an officer or employee of the City or a permittee's agents or
employees authorized for such purposes, shall tamper or meddle with any
refuse container or the contents thereof, or remove the contents of any
container or remove any container from the location where the same shall
have been placed by the owner thereof or owner's agent.
8.17.120 Refuse Removal. Pursuant to California Administrative Cod- Title
14, Chapter 17-331; H all refuse created, produced or accumulated in or about
a residential unit in the City shall be removed from the premises at least
once each week. It shall be unlawful and a misdemeanor for the occupant of
any of the above-described premises to fail or neglect to provide for the
removal of refuse at leas% as often as prescribed in this Section 8.17.120.
Each day's violation of this section shall be treated and considered as a
separate and distinct offense.
8.17.130 Refuse Disposal.
A. Permittee shall dispose of collected wastes, at permittee's expense, at a
City directed landfill or transfer station in a manner satisfactory to
the City and in accordance with all state and local laws, and
regulations.
Ordinance No 265
Page 6
8.17.140 Special Provisions Regarding Method of Disposal.
A. The removal of wearing apparel, bedding or other refuse from residential
units, (as defined in Section 8.17.022;L) or other places where highly
infectious or contagious diseases have been present shall be performed
under the supervision and direction of the County of San Bernardino
H~alth Officer and such refuse shall neither be placed in containers nor
receptacles nor left for regular collection and disposal.
B. Highly flammable or explosive or radioactive refuse shall not be placed
in containers or receptacles for regular collection and disposal, but
shall be removed under the supervision of the City and/or the Agency
providing fire protection service within the City at the expense of the
owner or possessor of the material.
C. Refuse or other solid waste containing water or other liquids shall be
drained before being placed in a container or receptacle. Matter which
is subject to decomposition shall be wrapped in paper or other material
before being placed in a container or receptacle.
D. No battery acid, poisonous, caustic or toxic material or any other
substance capable of damaging clothing or causing injury to the p*rson
shall be mixed or placed with any rubbish, solid waste or other refus=
which is to be collected, removed or disposed of by a permitte*. Such
items shall be removed at the occupant's expense only after arrangements
have been made with the permittee or City for such removal.
E. Animal waste, as herein defined, shall not be placed in containers or
receptacles for regular collection and disposal, but shall be r-moved at
the occupant's expense.
It shall be unlawful and a misdemeanor for any person to violate any pro-
vision of this Section 8.17.140.
8.17.150 Burning, Burial or Dumping. It is unlawful and a misdemeanor for
any person to burn, bury or dump refuse within the City at any time, unless a
special permit for such burning, burial or dumping has been issued pursuant to
authority conferred by the Council, and/or the Agency providing fire
protection service within the City.
8.17.160 Duration of Storage. Pursuant to California Administrative Cod~
Title 14, Chapter 3, Section 17.331;H it is unlawful and a misdemeanor for any
person to store or accumulate any refuse, rubbish or miscellaneous dobris in
any container or at any location other than as hereinabov* set forth, or for
any l*ngth of time other than as follows:
A. Refuse. Refuse shall not be accumulated or stored for a period of time in
excess of:
1. Residential units: One week (seven days)
B. Rubbish, other than refuse, shall not be stored or accumulated for a
period of time in excess of one week (seven days).
C. Th* above periods of time which end in any week in which a holiday occurs
are extended one additional day.
8.17.170 Use of Trucks. Any persons who desire to operate privately-owned
refuse, trash, or rubbish vehicles under provisions of this chapter shall
provide their vehicles are water tight and are provided with a tight cover.
The City Manager or designee shall require the permittee to remove from
service or repair those vehicles that allow or permit offensive odors to
escape and/or refuse to be blown, dropped or spilled therefrom.
8.17.180 No Parking of Refuse Trucks on any City Street
A. No person between the hours of 6:00 p.m. and 6:00 a.m. shall leave a
refuse truck parked on any City street.
Ordinance No. 265
Pag~ Y
B. No person between the hours of 6:00 a.m. and 6:00 p.m. shall leave a
refuse truck parked on any City street for more than one (1) hour unless
City Manager or designee is notified that a break down or emergency
exists.
8.17.190 Equipment Required. Each truck of a permitt~e shall at all times
hav~ in the cab the registration of th~ truck, a certificat~ of insuranc~ and
an identification card with th~ name of whom to t~l*phone in casa of an
accident or emergency. Each truck shall also be ~quipped with a five (5)
pound fire extinguisher certified by the California State Fire Marshal and
annually recharged.
8.17.200 Specifications and Restrictions on Collection Trucks. All trucks
used for refuse, rubbish and/or solid waste collection within the City shall
be required:
A. To be completely enclosed with a rigid, nonabsorbent cover while
transporting refuse, trash or rubbish in or through the City. Completely
enclosed with a nonabsorbent cover means that refuse, trash or rubbish
shall not be visible from the street nor shall any of the substances be
permitted to leak, spill or become deposited along the public streets.
B. All trucks used in the course of refuse or rubbbish collection shall be
painted colors approved by the City Manager or designee and identified by
truck numerals, a company logo, and local telephone number. Those trucks
shall be kept clean and in good repair at all times.
8.17.210 Truck Inspection.
A. Each of any permittee's trucks shall be made available for inspection at
the discretion of the City Manager or designee at any point of operation.
B. A decal to b~ issued annually by the City for each truck complying with
provisions of this chapter and placed on truck in a conspicuous place.
8.17.220 Permittee's Local Telephone Number. Each permittee must maintain
a local telephone number which shall be staffed for personal contact between
8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with
some type of mechanism for the purpose of taking messages.
8.17.230 Exclusive Residential Return Collection Areas.
A. For the purpose of this chapter, the City shall be divided into four (4)
residential collection areas. Such areas are d~signed on th~s~ certain
maps entitled "Exclusive Collection Areas in the City of Rancho
Cucamonga." Such descriptions of Service Areas are incorporated herein by
r~ference (Exhibit "A") and a map is on fil~ in the office of the City
Clerk.
8.17.240 Permittee's Employees. Each permittee must provide high quality
service by industry standards and supply competent, qualified, identifiable
and uniformed personnel who serve the residents of Rancho Cucamonga in a
courteous, helpful and impartial manner.
A. The City may, at its option, require fingerprinting of the permittee's
~mployees whose service will cause them to enter onto or work in close
proximity to private property.
B. The permittee shall be required to hire employees without regard to race,
religion, color, national origin, sex, political affiliation, or any
other non-merit factor.
C. Any employee driving permtttee's refuse trucks shall at all times have in
his or her possession a valid and appropriate vehicle operator's license
issued by the State of California.
D. The permlttee's employees shall be required to wear clean identifiable
Ordinance No 265
Page 8
uniforms when engaged in refuse collection service within the City.
8.17.250 Perm/t for Removal of Refuse-Prerequisites.
A. Procedure and Required Information.
A permittee must file a letter with the City Manager or designee
containing the following information:
1. Name and description of the permitte~;
2. Permanent business address and address of local office of the
per~Ittee;
3. Trade ~nd firm name;
4. If a Joint venture or a partnership or limited p~rtnership, the n~mes
of all partners, or corporation and the names of the officers and
. their percentage of particip~tion and their perms~ent addresses;
5. Facts indicating that the permittee has arranged for refuse disposal
in an area where the same may be legally accepted and disposed as
directed by City;
6. Desired refuse collection area to be served;
7. Facts indicating that per~ittee is qualified to render efficient
refuse collection service;
8. F~cts indicating that trucks and equipment conform to all applicable
provisions of this chapter;
9. Satisfactory evidence that permittee has been in existence as a going
concern for in excess of five (5) years and possesses not less than
five (5) years actual operating experience as a going concern in
residential refuse collection and disposal.
10. Satisfactory evidence that perm~ttee's experience as a going concern
in residential refuse collection and disposal derives from operations
of comparable size to that contemplated by this permittee: Details
shall include length of other contracts, name and size of
municipality, nature of service provided, and the name of the contact
person at the municipality being served.
11. Evidence that permittee is in good standing in the State of
California and in the case of a corporation organized under the laws
of any other State~ evidence that permittee is licensed to do
business in the State of California.
12. A detailed inventory of the permittee's equipment available for use
in refuse collection area.
13. A written statement from the County of San Bernardino, that permittee
either has or the County will issue at a minimum a Class "D" permit
for the collection and disposal of solid waste within the City limits
and shall be attached to said letter.
14. Such other pertinent facts or information as the City Manager may
require.
B. Fees and Requirements for Permit.
Upon consideration of infor~atlon contained in abovementioned letter and
following a public hearing conducted by the City Council upon at 19asr
ten (10) days' prior written notice to the applicant, the City Council
may issue a per~hit.
Each permit granted shall apply to refuse collection for an area of
Ordinance ~o. 265
City specified therein and is exclusive.
A fee for processing permit applications shall be set by resolution of
the City Council with review on an annual basis.
C. Bonding of Permittee. '
Before granting a permit under the provisions of this chapter,
Council shall require the permittee as a condition to the permit to post
with the City Clerk a cash bond or surety bond in an amount determined by
the Council and furnished by a corporate surety authorized to do business
in the State of California, payable to the City of Rancho Cucamongm. The
bond shall be conditioned upon the full and faithful performance by the
permittee of obligations under the applicable provisions of this chapter
and shall be kept in full force and effect by the permittee throughout
the life of the permit and all renewals thereof.
D. Indemnification by Permittee.
As a condition of the City issuing a permit, permittee shall agree to
appear and defend ail actions against the City arising out of the
exercise of said permit, and shall indemnify and save the City, its
officials, elected officials, employees and agents harmless from all
claims, demands, actions, or causes of actions of every kind and
description and any and all related attorneys' fees and court costs
resulting directly or indirectly, arising out of, or in any way connected
with the exercise of the permit, including, but not by way of limitation,
any act or omission of any officer, employee or agent of permlttee.
E. Liability Insurance.
The permittee shall obtain and keep in force during the term of
permit public liability and bodily injury insurance in amounts determined
by the City Council and workers' compensation insurance covering all
employees of the permittee. Copies of such policies, or certificates
evidencing such policies, shall be filed with the City Clerk prior to the
commencement of activities authorized by the permit. The City and its
officers, elected officials, employees and agents shall be named as
additional lnsureds on all suet policies. All such policies shall
contain at a ~Linimu~ a provision requiring a ninety-day (90) day notice
to be given to the City prior to eaneellatlon, modification or reduction
of limits. The amounts of public liability insurance for bodily injury
and property damage shall be subject to review and adjustment by the
Council.
F. Compliance with Local and California Laws and Regulations.
The permittee must agree to perform the terms of the permit in such a
manner so as to comply with all applicable local and state laws and
regulations pertaining to the collection, storage and transportation of
solid waste. The permittee shall also comply with all other ordinances
and regulations of the City and applicable laws and regulations of the
County of San Bernardino and State of California, and shall obtain and
keep in force all required permits and business licenses throughout the
life of the permit and all renewals thereof.
8.17.260 Permit Provisions.
A. Fees.
Any permit issued pursuant to this Chapter 8.17 shall provide for the
payment of permit fees to City, shall contain additional provisions
agreed to by and between City and permittee and shall constitute
written agreement of said parties.
Ordinance No 265
Page 10
B. Assignment or Transfer of Permit.
No assignment or transfer of a permit pursuant to this chapter or any
right accruing under such permit shall be made in whole or in part by the
permittee without the express consent of the Council. In the event any
assignment or transfer is authorized by the Council, the assignee shall
assume the liability and all other obligations of the permittee.
C. Revocation.
A permit may be revoked at the option of the Council in the event th°re
is a change of ownership of any kind or nature of the operating company,
unless approval therefor has been obtained in writing from the Council.
If it is determined by the City Manager or designee that permittee has
not complied with the provlsons of this chapter, the permit, and all
other applicable statutes, ordinances, rules and regulations, the City
Manager or designee shall notify the permittee in writing of
noncompliance and shall order compliance within thirty (30) days.
If noncompliance is not corrected within the aboveprescribed thirty (30)
day period, the Council, following a public hearing upon at least ten
(10) days' written notice to the permittee, may terminate the permit.
8.17.270 Rights of Existing Collectors.
A. Permlttees are advised that portions of the City are presently being
provided residential refuse collection services, and that those presently
providing service may have vested rights to continue said service for a
substantial period (up to five years) under the provisions of Section
4272-of the California Health and Safety Code.
8.17.280 Charges for Service.
A. Collection Charge:
A charge for the collection of refuse shall be imposed by the permittee
on the owner or person in control of each residential unit subscribing to
refuse collection service. The amount of such charges shall be fixed and
changed from time to time by the permittee after approval by resolution
of the City Council.
B. Rate Adjustments.
All revisions in charges levied by a permittee must be submitted to the
City Council for review and action and must be approved by resolution of
the City Council following a public hearing upon at least ten (10) days'
written notice to the permtttee.
8.17.290 Severability. If any section, subsection, sentence, clause, or
phrase of this chapter is for any reason held to be invalid or unconstitu-
tional, such decision shall not affect the validity of the remaining portions.
The City Council of the City of Rancho Cueamonga hereby declares that it would
have passed this chapter and each section, subsection, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared in~alid or unconstitutional, and
would have passed and adopted the same even though any parts, s~ctions,
subsections, sentences, clauses, or phrases that may be held invalid had b-en
omitted therefrom.
SECTION 2: From the effective date of this Ordinance, Section 1.08.110
of the Rancho Cucamonga Municipal Code shall apply only to refuse generated
and/or removed from places other than residential units as defined in Section
8.17.020 above.
SECTION 3: The mayor shall sign this Ordinance and the City Clerk shall
cause the same to be published within fifteen (15) days after its passage at
least once in The Daily Report, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Ordinance No. 265
Page ~ ~
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 19th day of June, 1985.
AYES: Wright, Buquet, Dahl, King
NOES: None
ABSENT: Mikels
Richard M. Dahl, .Mayor Pro Tem
ATTEST:
Beverly ~. A~the~et, City Glerk
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 5th
day of June, 1985, and was finally passed at a regular me,ting of the City
Council of the City of Rancho Cucamonga held on the 19th day of June, 1985.
Executed this 20th day of June, 1985 at Rancho Cueamonga, California.
"EXHIBIT A"
Description of Service Areas
A. Service Area One - Boundaries are as follows:
North: Highland Avenue from Deer Creek to Etiwanda Avenue.
South: Southern Pacific Railroad tracks from Deercreek to Millik~n
Avenue, south to Base Line Road, east to Etiwanda Avenue.
East: Etiwanda Avenue, between Highland Avenue and Base Line Road.
West: D~erereek from Highland Avenue, south to the Southern Pacific
Railroad tracks, ~ast to Milliken Avenue south to Base Line
Road.
B. Service Area Two - Boundaries are as follows:
North: Haven Avenue at Southern Pacific Railroad tracks 9asr to
Milliken, south to Base Line Road east to Rochester Avenue
South: Foothill Boulevard between Haven Avenue and Rochester Avenue.
East: Rochester Avenue, between Base Line Road and Foothill Boulevard.
West: Haven Avenue between Southern Pacific Railroad tracks and
Foothill Boulevard.
C. Service Area Three - Boundaries are as follows:
North: City limits.
South: Base Line Road east to Haven Avenue, north to Southern Pacific
Railroad tracks, east to Deer Creek, north to Highland Avenue,
9asr to Etiwanda Avenue, south to Base Line Road, east to city
limits.
East: City limits south to Base Line Road.
West: City limits south to Base Line Road.
Ordinance No 265
Page 12
D. Service Area Four - Boundaries are as follows:
North: Base Line Road east from city limits to Haven Av=nue, south to
Foothill Boulevard, east to Rochester Avenue, north to Base Line
Road, ,asr to city limits.
South: City limits.
East: City limits b,tweon Bas9 Lin* Road ~nd 4th Stro=t
West: City limits between Base Line Road and 4th Str~t