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HomeMy WebLinkAbout132 - Ordinances Not Adopted. Superceded by Ordinance 135 ORDINANCE NO. 132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REPEALING ORDINANCE NO. 117 AND PROVIDING FOR THE CONTROL, COLLECTION AND DISPOSAL OF REFUSE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Collection of Refuse: Charges. (a) Except as otherwise permitted by this Ordinance, a residential refuse service shall be provided to the citizens of the City of Rancho Cucamonga at least once each calendar week. (b) A monthly charge for the collection of refuse shall be made against the occupants of each residential unit within the City not exempted therefrom as herein provided. The amount of such monthly charge shall be fixed by the City Council by resolution. The City Council may provide for a reduced monthly charge where the head of household of a residential unit is age sixty-two (62) or over. Refuse collection charges shall be reviewed once annually, in October, and may be adjusted should the City Council, in its discretion, determines that adjustment is appropriate; provided, however, no change in amount shall be effective until thirty (30) days after the adoption of a resolution changing the same. SECTION 2: Method of Billing. Refuse collection charges for each residential unit shall be billed by and collected by the collector that provides services to such unit. Refuse collection charges shall be due and payable upon being billed, and delinquent twenty-five (25) days thereafter. SECTION 3: Liability for Payment. In the event the occupant of a residential unit fails to pay refuse collection charges within thirty (30) days following the billing thereof, the owner of the premises upon which such residential unit is located shall also become jointly and severally liable for the payment of such charges. SECTION 4: Penalty for Non-Payment. A penalty shall be determined by Resolution of the City Council from time to time establishing a charge for those who fail to pay the regular charge within thirty (30) days following the date on which they are first billed thereof. SECTION 5: Adjustment for Vacancies. No collection charges shall be made during the term that a residential unit is vacant, provided that written notice of the dates of commencement and termination of the vacancy is given to the servicing collector, and further provided that refuse is not set out for collection from such vacant unit. SECTION 6: Refuse Defined. "Refuse" shall mean and include garbage, combustible rubbish and noncombustible rubbish. (a) "Garbage" shall mean and include all kitchen and table refuse, leavings, offal, and every accumulation of organic matter which attends the preparation, consumption, decay or dealing or storage of meat, fish, fowl, fruits and vegetables. "Garbage" does not include human body waste or liquid swill. (b) "Combustible rubbish" shall mean and include but shall not be limited to paper, cardboard, rags, clothing, books, footwear, packing materials, grass, leaves, brush, and other substances which will incinerate through contact with flames of ordinary temperature. "Combustible rubbish" shall not include explosives or flammable liquids. Ordinance No. 132 Page 2 (c) "Non-combustible rubbish" shall mean and include but shall not be limited to cans, bottles, glass, wire, ashes and other solid waste matter which will not incinerate through contact with flames of ordinary temperature. "Non-combustible rubbish" shall not include furniture, large household appliances, junk autos or parts therefrom, dirt, rock or material from the demolition, alteration or construction of buildings. SECTION 7: Other Definitions. For the purposes of this Ordinance, the following words and phrases shall have the following meaning: (a) "Apartment house" shall mean a building, or portion thereof, designed for occupancy by four (4) or more families, living independently of each other. (b) "Commercial" shall mean any business, industry, commercial establishment or construction site. (c) "Collector" shall mean any person or company designated by the City Council by ordinance, resolution or contract to collect refuse within the City. (d) "Each residential unit" shall mean each place used for residential purposes for a single family. If more than one (1) family is in one (1) dwelling, such dwelling shall constitute as many units as there are families. Any residential unit used secondarily for business purposes may be considered a commercial unit for the purposes of assigning charges for special collection purposes. SECTION 8: Receptacles Required. Except as provided in this Ordinance, it shall be unlawful for any person to keep, place or deposit refuse in or upon any public or private property except in refuse receptacles which comply with the requirements of this Ordinance. SECTION 9: Refuse Receptacles: Residential. (a) Except as provided-in 'this section, all refuse from a residential unit shall be kept in a metal or plastic receptacle which has a tight-fitting cover which prevents the escape of odors, and which is equipped with at least two (2) bails or handles. Receptacles .all not be less than fifteen (15) gallons nor more than thirty-five ) gallons in capacity, nor shall the maximum gross weight of a loau.au receptacle set out for collection exceed seventy-five (75) pounds in weight. (b) Grass clippings, leaves and other hard work debris, other than branches or tree limbs, may be either deposited in metal or plastic receptacles, as above mentioned, or in wooden or sturdy cardboard boxes, tubs, plastic trash bags or similar receptacles. If cardboard boxes are used, the cardboard boxes along with the contents 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 feet (4') in length nor eighteen inches (18") in diameter. (d) Newspapers and magazines may be either deposited in metal or plastic receptacles, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty (50) pounds in weight. (e) Cardboard boxes may be either flattened and deposited in metal or plastic receptacles, as above mentioned, or may be flattened and tied in bundles not exceeding four feet (4') in length nor fifty (50) pounds in weight. Ordinance No. 132 Page 3 (f) Apartment houses may utilize contractor-approved commercial type collection bins and shall do so if required by the collector serving the apartment house. When an apartment house utilizes commercial-type bins one (1) 3-yard bin shall be furnished for each multiple of six (6) residential units or fraction thereof. (g) Garbage may be fed to animals upon property where animals may lawfully be kept in the City if proper sanitary conditions are maintained. SECTION 10: Expense of Refuse Receptacles. Refuse receptacles required by this Ordinance shall be provided by the occupants of each residential unit or commerical establishment within the City and without expense to the City. SECTION 11: Receptacles: Cleanliness. The exteriors of the refuse receptacles including covers, shall be kept clean by the occupant. The interior of refuse receptacles shall be cleaned periodically to prevent accumulation of grease or decomposing materials. SECTION 12: Placement of Refuse Receptacles. (a) Except when set out for collection as herein provided, refuse receptacles shall be kept within a building or otherwise out of view from the public right-of-way adjacent to any property. (b) No refuse receptacle shall be placed upon any public street, alley, sidewalk or right-of-way in such a manner as to impede or endanger pedestrian or vehicular traffic. (c) Refuse receptacles and containerized or bundled refuse shall be placed at the curb for collection, but not prior to eighteen (18) hours before the scheduled collection day. (d) All refuse receptacles shall be removed from public view the same day collection service is rendered. (e) All commercial-type collection bins or drop bodies shall be placed in an area which is easily accessible to collection personnel and equipment, with sufficient way to safely collect and maneuver without injury to persons or property. SECTION 13: Periods to Set Out Refuse and Time for Collection. Refuse shall be set out for collection not later than 6:00 a.m. on the day of collection. Any refuse remaining uncollected after the completion of collection in that block shall constitute prima facie evidence that such refuse was set out for collection after the expiration of the time designated fro collection in that block. The person making the late deposit shall return all uncollected refuse to the premises from whence it came or shall arrange for a special collection to be made. SECTION 14: Garbage to Be Wrapped. Garbage shall be wrapped in paper or in plastic adequate to contain it without spillage or leakage before it is deposited in a refuse receptacle. SECTION 15: Destruction of Refuse Receptacles Unlawful. It shall be unlawful for any person to intentionally abuse, dent, bend, mutilate, damage or destroy any refuse receptacle or cover thereof, provided, however, that this section shall not apply to the owner of such refuse receptacle or a person acting with permission of the owner. SECTION 16: Combined Collection. Wrapped garbage, non- combustible and combustible rubbish may be placed in the same refuse receptacle for combined collection. SECTION 17: Collection Frequency. All refuse generated by residential units shall be collected a minimum of once a week. Ordnance Ao. _32 Page 4 SECTION 18: Garbage and Refuse Accumulation. Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition and shall not cause or permit garbage or combustible rubbish to accumulate for more than one (1) calendar week, or cause or permit non-combustible rubbish to accumulate for more than one (1) calendar month. Any accumulation of refuse for a period of time in excess of the times prescribed in this section is hereby declared to be a public nuisance, and said public nuisance may be summarily abated upon order of the City Manager. All costs of abating such public nuisance shall be charged against the person who had the responsibility not to cause the accumulation. SECTION 19: Dangerous and Infected Materials. i (a) No person shall place or deposit in any refuse receptacle for collection pursuant to the provisions of this Ordinance any unbroken hypodermic needle, drugs, poisons, acids, dangerous chemicals, explosives, or any other substance which might cause the death of or injury to a human being. (b) No person shall place in any refuse receptacle for collection pursuant to the provisions of this Ordinance any clothing, bedding or other article which is contaminated by reason of being in contact with a person or animal who has an infectious or contagious disease. Such clothing, bedding or other article shall be disposed of only in accordance with the directions of the County Health Officer. SECTION 20: Dead Animals. (a) No person shall place the body of any dead animal upon or under any public or private property in the City except such place or places designated for dead animal disposal by the City Manager. (b) The owner of any dead animal shall cause the body to be removed to a place designated by the City Manager, as soon as possible, at the owner's expense. In the event the owner of a dead animal is unknown, or cannot be immediately located, the City shall cause the removal of such dead animal. Any employee of, or other person authorized by, the City may enter onto private property for the purpose of disposing of the bodies of dead animals. (c) The City Council shall establish a charge for the removal of dead animals, and said charge shall be collected from the owner of any dead animal which is removed by the City. SECTION 21: Contract for Collection, Removal and Disposal of Refuse. The City may contract with persons or companies for the collection, removal and disposal of refuse, which contract shall provide, among other things, for the number of collections, manner of emptying receptacles and obedience to sanitary regulations. Said contracts may provide for a franchise fee, in an amount determined by the City Council, to be paid to the City. SECTION 22: Unauthorized Collectors. Except where a person or company is authorized to continue collection services pursuant to Health and Safety Code Section 4272, it shall be unlawful for any person, other than the holder of a current refuse contract w; the City, to collect or to remove any such receptacle from the place where the same is placed by the person entitled to possession thereof, or to remove the contents of any such receptacle. This section applies only to the collection and removal of refuse from residential units. Ordinance No. 132 Page 5 SECTION 23: Refuse Truck Regulations. Any person or company holding a refuse contract with the City shall provide an adequate number of vehicles and equipment expressly and especially designed for the containment, collection and transportation of refuse. Said trucks shall be equipped so as to prevent the spilling or dropping of any refuse or liquid therefrom. Said trucks, when not in use, if kept within the boundaries of the City, shall be kept only upon private property in a zone which allows the parking of trucks. No refuse truck shall be parked overnight in the City while partially or fully loaded with refuse, unless due to breakdown or emergency, without permission of the City Manager. SECTION 24: Deposit of Waste Prohibited. It shall be unlawful for any person to cause, or permit, any garbage, sewage, commercial or industrial waste, or waste of any other nature, to remain or be deposited or discharged upon the surface of the ground on any public or private property. SECTION 25: Exceptions: Application and Appeal. (a) Any person desiring to secure an exception from any provision of this Ordinance may apply therefore in writing to the City Manager. (b) The City Manager is authorized to grant exceptions from the provisions of this Ordinance if he finds that all of the following conditions exist: (1) Granting the exception would not be detrimental to the public health and safety; (2) Not to grant the exception would result in undue hardship to the applicant; and, (3) The hardship which would result to the applicant from not granting the exception is a hardship which would not generally apply to other property in the City. (c) The City Manager is authorized to exempt an occupant of a residential unit from refuse collection charges if: (1) The occupant agrees that he or the will not less frequently than weekly remove all accumulated refuse from his or her residential unit and dispose of the same at a disposal site approved by the City Manager; and, (2) The occupant maintains, and produces for inspection upon request by the City, receipts evidencing that refuse from the residential unit has been properly disposed of. (d) Any exception granted under sub-section (c) of this section may be revoked and no further exception shall be granted if it is found that such occupant is disposing of refuse at other than an approved disposal site or if such occupant fails to produce disposal receipts upon request by the City. (e) Except for actions taken by the City Manager under sub-sections (c) and (d) of this section, any action of the City Manager in granting or denying an exception to the provisions of this Ordinance shall be in writing and shall be served upon the applicant in person or by mail and shall also be posted in three (3) public places within the City. Any person residing or owning property within the City may appeal such action of the City Manager to the City Council. The action of the City Manager shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date of posting of the action by the City Manager. Any action of the City Qrc-_nance No. __,_. Page 6 Manager in granting or denying an exception under sub-section (c) of this section or revoking an exception pursuant to sub-section (d) of this section shall be in writing and shall be served upon the applicant and the collector authorized to provide service to such residential unit in person or by mail. The applicant may appeal such action of the City Manager to the City Council. The action of the City Manager under sub- sections (c) and (d) of this section shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date notice of the action by the City Manager is deposited in the mail or personally delivered, as the case may be. SECTION 26: Violations. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punishable by fine of not more than $500.00 or imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation continuing for more than one (1) day shall be deemed to be a separate violation for each day said violation exists. SECTION 27: Enforcement. It shall be the duty of the City Manager to enforce the provisions of this Ordinance. The City Attorney, upon request of the City Manager, shall institute any necessary legal proceedings to enforce the provisions of this Ordinance including, but not limited to, instituting an action for and obtaining an injunction from a court of competent jurisdiction. SECTION 28: Ordinance Number 117 of the City of Rancho Cucamonga is hereby Repealed. SECTION 29: Sections 33.021 through 33.0233 of the County Code adopted by Reference (Relating to Refuse Collection) are hereby Repelaed. SECTION 30: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, 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 Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mav-- ATTEST: Lauren M. Wasserman, City Clerk NOTE: (did not go for second reading)