HomeMy WebLinkAboutMC-953
Adopted: 11/6/95
Effective: 12/7/95
.
1
ORDINANCE NO. MC::253
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 8.25 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SCAVENGING OF
RECYCLABLE MATERIALS.
2
3
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 8.25 is hereby added to San Bernardino Municipal Code to
7 read as follows:
8 "8.25.010 Definitions.
9 (a) Authorized Recycling Agent. "Authorized Recycling Agent" shall mean a
person, firm, partnership, corporation or other entity authorized to collect recyclable discards
10 within the City limits either by:
11 1. A franchise issued by the City.
12 2. A contract with the City.
13 3. A permit issued pursuant to ~ 8.24.110 or ~ 8.24.140 of this Code, accompanied
by a current valid business license.
14
(b) Byproducts. "Byproducts" is used in this Chapter as defined in ~ 8.24.01O.A
15 of this Code.
16 (c) City Collector. "City collector" shall include garbage collector, rubbish
collector, recyclable collector and greenwaste collector, all as defined herein.
17
18
(d)
Code.
Garbage. "Garbage" as used in this Chapter is defined in ~ 8.24.01O.B of this
19 (e) Garbage Collector. "Garbage collector" as used in this Chapter is defined in
~ 8.24.01O.C of this Code.
20
(f) Greenwaste. "Greenwaste" as used in this chapter is defined in ~ 8.24.010.J.
21 of this Code.
22 (g) Greenwaste Collector. "Greenwaste collector" as used in this Chapter is defined
in ~ 8.24.01O.L of this Code.
23
(h) Intended Use. "Intended use" of City issued residential collection containers are:
24
1. The City issued green containers are intended as receptacles for greenwaste and such
25 materials designated as greenwaste by the Director of Public Services.
26 2. The City issued blue containers are intended as receptacles for recyclable discards
and such materials designated as such by the Director of Public Services.
27
DAB:tbm rRecycle.ord]
1
October to, 1995
MC-953
1 3. The City issued black containers are intended as receptacles for rubbish, byproducts,
and garbage.
2
3
(i)
Code.
Occupant. "Occupant" as used in this Chapter is defined in S 8.24.01O.D of this
4 . G) Person. "Person" includes an individual, firm, limited liability company,
aSSOCiatIOn, partnership, political subdivision, govermnent agency, municipality, public or
5 private corporation, or any other entity whatsoever.
6 (k) Recyclable Collector. "Recyclable collector" as used in this Chapter is defined
in S 8.24.010.K of this Code.
7
(I) Recyclable Discards. "Recyclable discards" as used in this Chapter is defined
8 in S 8.24.010.1. of this Code.
9 (m) Recycling. "Recycling" shall mean the process of collecting and turning used
products into new products by reprocessing or remanufacturing them.
10
(n)
11 Code.
Rubbish. "Rubbish" as used in this Chapter is defined in S 8.24.01O.G of this
12 (0) Rubbish Collector. "Rubbish collector" as used in this Chapter is defined in
S8.24.01O.H of this Code.
13
8.25.020. Unauthorized Removal of Recyclables.
14
(a) Residential Recvclables. Recyclable discards placed in a City provided
15 residential container by the occupant, with the intent that said recyclable discards be collected
by the City Collector, shall be considered to be City property at the time of placement. Said
16 containers shall be used only for the intended use as set forth herein. No person, other than the
City Collector, shall remove recyclable discards from City-issued residential containers. The
17 occupant, or his authorized agent, may retrieve or remove any recyclable discards from the
container, prior to collection.
18
(b) Commercial Recyclables. Recyclable discards placed in or adjacent to a City
19 commercial bin by the generator with the intent that said recyclable discards be collected by the
City Collector shall be considered to be City property at the time of placement. No person,
20 other than the City Collector shall remove recyclable discards from City commercial bins. The
business owner, or his authorized agent, may retrieve or remove any recyclable discards from
21 the container, prior to collection.
22 8.25.030. Right to Dispose of Recyclable Materials. Nothing in this chapter limits the
right of any person to donate, sell or otherwise dispose of his or her recyclable discards.
23 However a City-issued residential container may not be used for the storage of recyclable
discards that the occupant intends to donate, sell or otherwise dispose of through a party other
24 than the City Collector.
25 8.25.040. Posting of Signs. Signs which state, in both English and Spanish, that
removal of recyclables from City containers is illegal and punishable by a fine of up to $1,000
26 or up to six months in jail, or both, shall be posted by the City at each of the following locations:
I) on all City Commercial Recycling Bins; 2) at the entrance to buy-back centers; and, 3)
27
DAB:tbm [Recycle.ord]
2
October 10, 1995
MC-953
1 vending machine-type receptacles located within the City of San Bernardino.
2 8.25.050. Intended lJ se of City Issued Residential Collection Containers. The city
issued residential collection containers are intended only as receptacles for the intended use as
3 defmed herein to be collected by the City Collector. Violation of the intended use may result
in a suspension andlor termination of recycling and greenwaste service by the City Collector.
4
8.25.060. Dama~e or Destruction of Residential and Commercial Containers. The
5 damage or destruction of residential collection containers, or the damage or destruction of
commercial containers, including but not limited to, cutting of locks or prying open lids, shall
6 be deemed the destruction of City property. Violation may be prosecuted pursuant to
~8.25.070, and the City may seek civil damages by a civil action.
7
8.25.070 Violation. Any person violating any provision of this Chapter except
8 ~8.25.050 is guilty of an infraction or a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of ~1.12.01O of this Code. Each violation is
9 punishable separately."
10 III
11 III
12 III
13 III
14 I I I
15 III
16 III
1 7 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26
27
DAB;tbm [Recycle.ord]
3
October 10, 1995
MC-953
1 AN ORDINANCE. . . ADDING CHAPTER 8.25 . . . RELATING TO SCAVENGING OF
RECYCLABLE MATERIALS
2
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
3
Common Council of the City of San Bernardino at a. rpg"l ~r meeting thereof, held on the fL
4
5
day of Nmu>mhpr , 1995, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE ~
CURLIN ~
HERNANDEZ ~
OBERHELMAN ~
DEVLIN ~
POPE-LUDLAM ~
MILLER ~
~ ~
6
7
8
9
10
11
12
13
14
15
16
The foregoing Ordinance is hereby approved this --B.... day OfNovemher. 1995.
~~j~-
Tom Minor, Mayor
City of San Bernardino
17
18
19
20
Approved as to form
and legal content:
21
JAMES F. PENMAN,
City Attorney
22
PMPa.U
23
24
25
26
27
DAB:tbm [Recycle.ord]
4
October 10, 1995