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ORD 268 ORDINANCE NO. 268 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.20 of Title 8 of the Code of the City of Rancho Palos Verdes is hereby amended to read as follows: CHAPTER 8.20 SOLID WASTE COLLECTION AND DISPOSAL 8.20. 010 Findings. The storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material is a matter of great public concern, in that improper control of such matters may create a public nuisance, or lead to air pollution, fire hazards, insect breeding, rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The periodic collection of garbage, rubbish and other refuse from all residential and commercial premises within the City and the letting of one or more exclusive or nonexclusive contracts or franchises by the City for such collection will provide the most orderly and efficient solution to such problems and promote the public health, safety and welfare. 8 .20. 020 Definitions. As used in this chapter, the words and phrases hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended: A. "Administrator" means the City Manager, or his designated representative. B. "Collection" means the operation of gathering together within the City and/or transporting by means of a motor vehicle solid waste of any classification. II/ C. "Collector" means any person who has been issued a business license pursuant to Chapter 5.04 to conduct a refuse, rubbish and/or garbage collection and removal business in the City. D. "Commercial Premises" shall mean all locations in the City where solid waste is generated that are not defined as Residential Premises. 1 E. "Container" means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding solid waste for collection. F. "Market Refuse" means vegetable or animal waste resulting from the preparation of vegetables, fruit or meat in markets or packing houses for public sale. G. "Person" means any individual, firm, co- partnership, corporation, or any other group or combination thereof acting as a unit. H. "Public Agency" means any governmental agency or department thereof, whether federal, state, or local. I. "Recyclable Materials" means reusable material including, but not limited to, metals, glass, plastic and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include hazardous materials or solid waste. J. "Residential Householder" means any person holding and occupying residential premises, whether or not the owner, singly or with his or her family, within the city limits of the City, as such city limits now exist or may hereafter exist by virtue of the annexation of territory to the city. K. "Residential Premises" means any residential property in the City, including rental housing projects, condominiums, apartment houses, or other residential housing. Residential housing where occupants share common kitchen or lavatory facilities such as a dormitory or senior retirement homes are excluded from this category. L. "Rendering Waste" means dead animals, hides, fat, or bones of animals, grease, meat scraps, and other similar materials being collected or transported to a rendering plant for processing. M. "Solid Waste" means rubbish, garbage, refuse, market refuse, rendering waste, manure, miscellaneous debris, or any combination thereof. N. "Transportation" means the process of moving solid waste through the City by means of a motor vehicle from a point of collection outside the City to another location, either within the City or outside the City. 8.20. 030 License Requirement. No person may collect solid waste in the City without having first obtained a business license from the City pursuant to Section 5. 04 of this Code. 2 8.20. 040 Permit Tags. No collector may operate any vehicle for the collection of solid waste in the City unless a tag has been affixed to the vehicle indicating that the owner of the vehicle has a valid business license and that the license tax for such vehicle has been paid. The nature, design, and placement of I/ such tags shall be as specified by the Administrator. No such tag may be transferred from one vehicle to another without the written approval of the Administrator. 8.20.050 Vehicle Standards. Any collector's vehicle utilized for the collection, transportation or disposal of solid waste or recyclables in the City shall comply with the following standards: A. Each vehicle shall be constructed and used so that no solid waste, oil, grease, or other substance will blow, fall or leak out of the vehicle. B. A broom and shovel shall be carried on each vehicle at all times. C. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency. D. Each vehicle must be under five (5) years of age unless otherwise specifically authorized in writing by the Administrator. E. Routine inspections by the California Highway Patrol will be required annually and certificates for said inspections shall be filed with the Administrator. Brakes shall be inspected quarterly and proof of inspection shall be filed with the Administrator. F. All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the Administrator. G. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers. H. The collector's name or firm name and its telephone number shall be printed in legible letters not less than 5" in I/ height on both sides and rear of all collector's vehicles used in the City. 8.20. 060 Violations. Should the Administrator give notification at any time to a collector that any of such collector's vehicles is not in compliance with the standards of this chapter, such vehicle shall forthwith be removed from service by the collector and the permit tag removed. The vehicle shall not again be utilized in the City nor shall the permit tag be 3 ORDINANCE NO. 268 replaced until it has been inspected and approved by the Administrator. The collector shall maintain its regular collection schedule regardless of such action. 8.20. 070 Individual's Exclusion. No provision of this chapter, except subsections A, B and C of Section 8.20. 050 and Sections 8.20. 180, 8.20. 190, 8.20.200 and 8.20.230, shall apply to a residential householder or owner when collecting, transporting and disposing of occasional loads of solid waste generated from his or her own premises to a legal place of disposal. 8.20. 080 Gardener's Exclusion. No provision of this chapter, except subsections A, B and C of Section 8.20. 050 and Sections 8.20. 180, 8.20. 190, 8.20.200 and 8.20.230, shall apply to a gardener, tree trimmer or similar person when collecting grass cuttings, prunings and other similar material not containing garbage as an incidental portion of providing such gardening, tree trimming or similar service. 8.20. 090 Construction or demolition exclusion. No provision of this chapter, except subsections D, E, F, G and H of Section 8.20. 050 shall apply to a person when collecting or disposing of rubbish from the construction or demolition of buildings or other structures. 8.20. 100 Workers' Compensation Insurance. Each collector shall at all times provide, at its own expense, Workers' Compensation Insurance coverage for all employees. Each collector shall file and maintain certificates with the Administrator showing said insurance to be in full force and effect at all times the collector shall have a license issued by the City. 8.20. 110 Collector's Liability Insurance. Each collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the collector in at least the following amounts: Bodily Injury $250, 000 each person $500,000 each occurrence Property Damage $100, 000 each occurrence 8.20. 120 Noise. A collector shall so conduct its operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection shall not exceed 75 decibels when measured at a distance of 25 feet. 8.20. 130 Office for Inquiries and Complaints. A. The collector shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the Rancho Palos Verdes telephone directory in the firm 4 name by which it conducts business in the City, and shall at all times during the hours between 8:00 a.m. and 5: 00 p.m. of each week day, and between 9: 00 a.m. and 12 :00 p.m. on Saturday (if collecting solid waste in the City on that day) have some person at said office to answer inquiries and receive complaints. The 1/ telephone number shall be a toll-free number from all portions of the City. The collector shall provide to the City an emergency telephone number that can be reached 24 hours a day. B. The collector shall maintain at its office a written log of all complaints received. Such log shall contain the date of complaint, the complainant's name, address and telephone number, the nature of the complaint, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered and dealt with to the satisfaction of the City. Such log of complaints and other records pertaining to solid waste collection and disposal shall be open to inspection by the City at all reasonable times. All inquiries and complaints shall be promptly answered and dealt with to the satisfaction of the City. 8 .20. 140 Hours of Collection. No collection within a residential or commercial area shall be made between the hours of 7:00 p.m. and 7: 00 a.m. ; provided, however, that the Administrator may waive such requirement when necessitated by conditions beyond the control of the collector. 8.20. 150 Litter. Any person who deposits or causes to be deposited any solid waste on the public right-of-way or private property shall immediately sweep up and remove the same. 8. 20. 160 Permits and Licenses. Each collector shall obtain and maintain all applicable permits and licenses required by any public agency. 8.20. 170 Recycling and Resource Recovery. A. Every collector shall attempt to improve its methods of collection, storage, handling, processing and disposal of solid waste in order to provide for solid waste recovery, reduction of solid waste, and reuse of recyclable materials. B. All recyclable materials and solid waste placed for collection at any residential premises or at any location I/ designated by the City for the collection of such recyclable materials or solid waste shall be and become the property of the City or its authorized collector. No person, unless specifically authorized in writing by the City, shall collect or remove, or cause to be collected or removed, any such recyclable or solid waste materials. Each such collection or removal in violation of this provision shall constitute a separate and distinct offense punishable as hereinafter provided. 5 ORDINANCE NO. 268 C. No person, unless specifically authorized in writing by the City, shall sell or donate to any other person any recyclable materials which have been placed for collection at any residential premises. 8.20. 180 Care of Containers. No person shall throw containers from any vehicle to the ground, or in any other manner break, damage or roughly handle containers. 8.20. 190 Unauthorized Use of Containers. No person other than the collector who provides collection services at the premises, or the owner of the container or such owner's agent or employee or the person upon whose premises such container is located, shall remove any material from a solid waste container or from a container for recyclable materials. 8.20.200 Tampering with Containers. No person other than the owner or occupant of the premises where a container is located, or the collector who provides collection services at the premises where the container is located, shall tamper with, injure, destroy, or remove any container or other equipment used for the storage of solid waste or recyclable materials. 8.20. 210 Containers for Garbage, Market Refuse, and Rendering Waste. Any container to be placed for collection containing garbage, market refuse or rendering waste shall have a tightly fitting cover, which cover shall be used at all times. 8.20.220 Containers at Residential Premises. A. Every person occupying or in possession of any residential premises in the City shall provide sufficient containers to accommodate the amount of solid waste generated by the premises. The containers shall be constructed of metal, hard rubber, or plastic, and shall be constructed so as not to permit the contents thereof to sift or pass through any opening therein other than the top. The containers shall have a capacity of not more than forty-five (45) gallons and shall weigh not more than sixty (60) pounds when placed for collection. Heavy-duty plastic sacks specially manufactured for rubbish collection, and trash compactor sacks, may also be used provided they are securely tied, not perforated or split, and the sack and its contents do not weigh more than sixty (60) pounds. B. Any rubbish not susceptible to placement in a container may be placed for collection at the same place and time as the container if it is securely tied in bundles not heavier than sixty (60) pounds, not more than four (4) feet in length, nor more than eighteen (18) inches in diameter. 8.20. 230 Cardboard Boxes or Paper Bags. No cardboard box or paper bag shall be used as a container for solid waste. 6 8.20.240 Placement of Containers at Residential Premises,. In the case of residential premises that receive curbside service, each container or bundle shall be kept on the premises from which it is to be collected except on the day designated for collection. On the appropriate day the containers or bundles shall be placed for collection on the curb in front of I/ the premises or on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises are adjacent to a paved alley of sufficient width to allow easy passage of collection vehicles, the containers or bundles shall be placed within two (2) feet of the rear property line of the premises and must be readily accessible for collection from the alley. The collector and residential householder may agree, for an additional fee, or the Administrator may require, under unique circumstances, that collection be made from another location on the premises. 8.20.250 Residential Refuse Containers - Time of Placement. No residential householder who receives curbside refuse removal service shall place or permit to be placed any solid waste or solid waste container at the place of collection at the residential premises before 8: 00 a.m. of the day preceding the scheduled collection or leave any such container at the place of collection after 8: 00 p.m. on the day of collection, or more than two hours after actual collection, whichever is later. 8. 20.260 Franchise The City Council may award an exclusive or nonexclusive contract or franchise for the collection and disposal of solid waste from residential and commercial premises in the City, and no person, other than the contractor or franchise holder, shall collect or dispose of solid waste from residential or commercial premises in the City other than as provided in this chapter or in the contract or franchise agreement. 8.20.270 Mandatory Service; Collection Charges; Bills; Delinquencies; Penalties. A. Establishment. Each occupant or owner of residential property in the City shall pay the fees established by resolution of the City Council for the collection of solid waste and recyclable materials from residential premises. Such fees may be changed by the City council from time to time by resolution, and such fees shall be applicable for the periods designated in, or covered by, such resolution. The occupant of each residence, if different from the owner, shall be primarily responsible for payment of all such fees and charges. Should the occupant fail to pay all such fees and charges so that they become delinquent, then the owner of such residence shall become responsible for the payment of all such fees and charges, including any delinquency. 7 ORDINANCE NO. 268 B. Bills. Each occupant or owner of residential property in the City shall be billed quarterly in advance by Contractor for the fees charged for the collection of garbage, rubbish, recyclable and waste materials. The Contractor shall make all reasonable efforts to diligently pursue and collect all fees and charges due the Contractor for rendering such services. C. Delinquencies; Penalties. Should any residential occupant or owner fail, refuse or neglect to pay any such bill within ninety (90) days after the end of the billing quarter, Contractor shall mail notice of the delinquency to the City, the occupant and the owner, if the owner is different from the occupant. The failure to pay such bill shall not result in the failure to collect garbage, rubbish, recyclable or waste materials. It shall be the duty of the Contractor to provide to the City all information necessary for the City to assume the responsibility for billing delinquent accounts. After receipt of such notice, the .City will prepare a report, once a year, of all delinquent fees and will mail notice to the affected occupants and owners that the City has assumed responsibility for billing the accounts. Such notice shall further declare that the City Council at a regular meeting, occurring at least ten (10) days after the date of the notice, shall review as an assessment against the affected properties the amount of all delinquent and unpaid fees or charges set forth in the report, the amount of any penalty established by resolution of the City Council, and the administrative costs incurred by the City, including any charges from the County of Los Angeles, and shall consider any objections or protests of landowners to be assessed. The City Council may make such revisions or corrections to the report as it deems just after which, by resolution, the report and the amount of all penalties, fees and costs shall be confirmed. 8.20.280 Burning of Refuse. No person shall burn their solid waste for disposal purposes. 8.20.290 Frequency of Collection. A. Each collector shall collect and dispose of all solid waste placed for collection in compliance with this chapter from each residential and commercial premises at least once during each calendar week, and not more than six (6) days shall elapse between one collection and the next unless the regular day of collection falls on a holiday. Routes of collection shall be so arranged that collection from any residential premises will be made on the same day of each week. Each collector shall possess a sufficient number of vehicles, including spares, to maintain the collection schedule at all times. B. When the collection day falls on January First, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, or December Twenty-Fifth, the residential collector shall elect one 8 of the following options: 1. Collect on the holiday. 2. Collect one day prior to or one day after the holiday, provided that regular collection can be maintained on the regularly scheduled days the remainder of the week. 8.20.300 Penalties. The violation of any provision of this chapter shall constitute an infraction and shall be punishable as provided in Chapter 1. 08 of this Code. Section 2 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more provisions be declared invalid or unconstitutional. Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 20th day of August, 1991. ----17:::23::› I ‘ , " ATTEST: • II , A YO' I, ,,/ 1_ -/ CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 268, passed first reading on August 6, 1991, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 20, 1991, and that the same was passed and adopted by the following roll call vote: 9 ORDINANCE NO. 268 AYES: HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE NOES: NONE ABSENT: BACHARACH ABSTAIN: NONE 41AO' 1! / ,i POP City Clerk I/ 10 ORDINANCE NO. 268 ORD. NO. 268 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on August 30, 1991 she caused to be posted the following document entitled: RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 4 /Itji / CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213)377-0360