HomeMy WebLinkAbout23-Animal Control
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Dept: Public Services
Subject: An ordinance of the Mayor and
Common Council of the City of San
Bernardino, California Repealing
Chapter 8.21; Repealing and Replacing
Chapter 8.24 of the San Bernardino
Municipal Code Regarding Garbage and
Rubbish and Repealing and Replacing
Chapter 8.25 Regarding Scavenging of
Recyclable Materials.
From: Ken Fischer, Director
Date: September 5, 2006
Meeting Date: September 18, 2006
Synopsis of Previous Council Action:
Recommended for adoption by the Legislative Review Committee on August 22, 2006.
Recommended Motion:
That said Ordinance be laid over for Adoption
Signature
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Contact person: Ken Fischer, Director
Phone:
5140
Supporting data attached: Staff Report,
Ordinance
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Council Notes:
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Agenda Item No. d- ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Staff Report
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino,
California Repealing Chapter 8.21; Repealing and Replacing Chapter 8.24 of the San
Bernardino Municipal Code Regarding Garbage and Rubbish and Repealing and
Replacing Chapter 8.25 Regarding Scavenging of Recyclable Materials.
Background:
Public Services completed a comprehensive review of the Municipal Code Sections
8.21, 8.24 and 8.25 with the assistance of the Office of the City Attorney. From this
review it was determined that it would be appropriate to rewrite the Code as it relates to
refuse and recycling related services and repeal the existing sections, rather than try to
amend the existing Code sections. This rewrite removes duplicative statements and
updates the language to conform the laws of the State of California.
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The only substantial change proposed is the inclusion of an enforcement process for
illegally placed bins. The new process requires a twenty-four hour notice to be posted
on the illegally placed bin. Failure to remove the bin may result in seizing and storing
the bin. The offending company may seek a hearing on the bin removal, or may elect to
pay bin removal, dumping and storage fees to claim their bin. This process is more fully
described in Section 8.24.280 of the proposed ordinance. The City Refuse Field
Inspector will be acting to enforce this Code section if adopted.
The proposed Ordinance was reviewed by the Council Legislative Review Committee
and has been recommended for adoption.
Financial Impact:
As the ordinance is implemented there will be a positive, but unknown benefit to the'
Refuse Fund as illegal operators are weeded out of the City and the need for City
Refuse Services increase.
Recommendation:
That said Ordinance be laid over for Adoption.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
WHEREAS, the intent and purpose of this ordinance is to comply with state law
on solid waste management as it is found in Public Resources Code 9 40000 et seq.
and Public Resources Code 9 42855 et seq.; and
WHEREAS: the accumulation, collection, removal, disposal, composting, and
recycling of refuse shall be controlled by the City for the protection of the public health,
safety and welfare and to contribute toward the diminution of health hazards and
pollution in the City. The Mayor and Common Council finds that to give practical effect
to this policy, a comprehensive system for the periodic collection, removal, disposal,
composting and/or recycling of refuse from all premises in the City is essential and
benefits all residents of the City; therefore, all such occupants are made responsible
for the collection, disposal, composting, and/or recycling of refuse; and
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THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOllOWS:
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Section 1. Chapter 8.21 of the San Bernardino Municipal Code is hereby repealed.
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Section 2. Chapter 8.24 of the San Bernardino Municipal Code is hereby repealed
and replaced with the following:
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8.24.010
8.24.020
8.24.030
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8.24.040
8.24.050
8.24.060
8.24.070
8.24.080
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Chapter 8.246
REFUSE AND SOLID WASTE
Declaration of policy.
Purpose and objectives.
Authority of Director of Public Services to make rules and
regulations.
Applicability. .
Exclusive jurisdiction.
Definitions.
Prohibitions.
Only collector to remove refuse, recyclable discards or green
waste.
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, For statutory provisions authorizing cities to contract for refuse and solid waste
disposal and to prescribe terms for such services, see Health and Safety Code 9
40059.
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1 8.24.090
2 8.24.100
3 8.24.110
8.24.120
4 8.24.130
8.24.140
5 8.24.150
6 8.24.160
8.24.170
7 8.24.180
8 8.24.190
8.24.200
9 8.24.210
8.24.220
10 8.24.230
.......... 8.24.240
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8.24.250
12 8.24.260
8.24.270
13 8.24.280
14 8.24.290
8.24.300
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16 8.24.010
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
Responsibility to use integrated waste, recycling and green waste
collection services.
Receptacles - Duty of City to provide.
Maintenance of collection receptacles.
Placement of refuse, recycling and green waste in receptacles.
Special Services
Exemption from service.
Residential collection receptacle requirements.
Residential collection frequency.
Residential receptacles, placement.
Commercial collection services- responsibility to use.
Commercial receptacle requirements.
Commercial collection frequency.
Commercial receptacles, placement.
Rates and provisions for services and billing.
Unauthorized removal of recyclables.
Right to Dispose of Recyclable Materials.
Recycling Exemption - Charitable organizations.
Posting of Signs.
Roll-off Bins - Franchise Required.
Roll-off Bins - Notice to Remove.
Roll-off Bins - Removal; hearing; appeal.
Violation - Penalty.
Declaration of policy.
The Mayor and Common Council of the City of San Bernardino hereby finds
18 and declares:
The provisions of this chapter shall control in the event of any inconsistencies
between this chapter and any other City ordinances, resolutions, or other
written arrangements.
Nothing in this chapter shall limit the right of an individual person, organization,
or other entity to donate, sell or otherwise dispose of recyclable materials,
provided that any such donation, sale or disposal is in accordance with the
provisions of this chapter.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1 C.
The Director shall be responsible for reviewing refuse and recycling collection
services, contracts, fees and rates and for making recommendations on the
administration of the above to the Mayor and Common Council for final
approval.
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4 8.24.020
Purpose and objectives.
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This chapter sets forth uniform requirements and regulations for the direct and
indirect users of the refuse and recycling collection services of the City. It also allows
for the City to comply with all applicable state and federal laws, including, but not
limited to, The Integrated Waste Management Act of 1989, State Assembly Bill 75,
Public Resources Code ~~ 49520-49524, California Code Title 14 Division 7 and any
subsequent amendments to each.
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8.24.030
Authority of Director of Public Services to make rules and
regulations.
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The Director shall have the authority to make reasonable rules and regulations
concerning the storage, collection, transportation and disposal of refuse, recyclable
discards, green waste, combustible material and byproducts by persons as he or she
shall find necessary and to place additional limitations not specifically addressed
herein on types and quantities of waste which may be placed in receptacles when the
Director determines that such rules and regulations are necessary to protect the
health and safety of the general public or City employees, or to comply with State or
Federal law or regulations.
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8.24.040
Applicability.
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This chapter shall apply to all users of the City's refuse, recycling and green
waste collection services within the City and to users outside the City who are by
permit, contract, or agreement with the City, users of the City's refuse, recycling and
green waste collection services or are conducting business or activities within the City
which fall under the provisions of this chapter.
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8.24.050
Exclusive jurisdiction.
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The collection of all refuse and waste within the City shall be performed under
the direction of the Director, and for such purposes, the City may use City
personnel, enter into contract agreements with private hauling firms or approve
franchise agreements to perform such collection. Solid waste enterprises
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For the purpose of this chapter, unless otherwise apparent from context, certain
words and phrases used in this chapter shall have the meanings hereinafter
designated. The definitions in this chapter are included for reference purposes only
and are not intended to narrow the scope of definitions set forth in federal or state
laws or regulations. Words used in this chapter in the singular may include the plural
and the plural may include the singular. Use of the masculine shall also mean
feminine and neuter.
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8.24.060
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
operating pursuant to such a contract or franchise agreement shall meet the
terms, rates, standards and services specified in the contract or franchise
agreement which shall be comparable to services established by the City.
However, the Director may authorize any person to collect, remove, and
disperse refuse, recyclables and green waste under such terms, conditions,
and limitations deemed necessary in the interests of the public health, safety,
and welfare. The City may, at its option, enter into contracts with solid waste
enterprises for some or all services related to the disposal, transfer, recycling,
collection, billing or customer service related activities.
Residential integrated waste management and recycling services and
commercial integrated waste management and refuse services shall be
provided exclusively under the direction of the City. A solid waste enterprise
may not provide waste collection services except as authorized by the City.
No person, solid waste enterprise or the agents, servants or employees thereof,
shall provide collection or integrated waste services within the City without
approval which shall be issued only on a vote of the Mayor and Common
Couricil. .
Receptacles used to collect refuse, recyclable and green waste by authorized
solid waste enterprises must be placed according to the standards set for
comparable City services, must be kept in a clean and sanitary condition and
must be appropriately sanitized upon notification from the City.
Nothing in this chapter shall be construed as preventing any person in the
lawful possession of any property, other than a place of business, to collect and
remove therefrom and, in a vehicle owned or lawfully possessed by him or her,
from transporting any refuse, recyclable discards or green waste naturally
accumulated upon such property so owned or lawfully possessed by him or her.
Definitions.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
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"Byproducts" means and includes:
1. All materials produced, developed or generated incidental to the
operation of any business, which is not the principal object of production
of such business, but which material, due to its nature, can be sold by
the producer thereof at a price greater than the cost of hauling such
material to the point of delivery or sale;
2. All material which, due to its nature, can be sold by the producer thereof,
at the point of production, for valuable consideration; and
3. All such materials as the Director, and/or Mayor and Common Council by
resolution, designates as byproducts.
"Bulky item" means any large item that requires special handling such as
appliances or furniture.
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"City" means the City of San Bernardino.
"Collector" means the City or its agent(s) licensed by contract or employees
thereof, to collect and transport refuse, recyclable discards or green waste in
the City.
"Combustible material" has the same meaning as set forth in Article II of the
California Fire Code as adopted by the City and includes pasteboard,
cardboard, corrugated cardboard boxes, magazines, newspapers, or other solid
waste matter that may incinerate through contact with flames of ordinary
temperature.
"Commercial" means any business, industry, commercial establishment or
construction site, but shall not include residential dwellings.
"Customer" means the owner and/or occupant of any property within the City
that is required to participate in the City's solid waste, including green waste
and recyclables, collection program.
"Department" means the Public Services Department.
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"Deposit" means to place any item or items without immediately picking up that
item, or those items, and carrying the item or items away.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
"Director" means the Director of Public Services of the City of San Bernardino
or his or her designee.
"Dump" means to throw, cast, drop any item or items without immediately
picking up that item, or those items, and carrying the item or items away.
"E-waste" means any electronic product nearing the end of its useful life and
includes, but is not limited to computers and their components, televisions,
VCRs, stereos, copiers, and fax machines.
"Garbage" means and includes table refuse, swill, and offal, animal excrement
or the carcasses of animals, fish or fowl over five (5) pounds in weight, and
every accumulation of animal, vegetable and other matter that attends the
preparation, consumption, decay or dealing in or storage cif meat, fish, fowl,
fruit and includes all animal and vegetable refuse from kitchens and all
household waste that has been prepared from or intended to be used as food,
or has resulted from the preparation of food and also includes all vegetable
trimmings from markets, stores, dining rooms, food establishments or any other
place using, dealing in or handling meats, fish, fowl, fruits, vegetables, grains or
other foodstuffs. Articles and. things not hereinbefore enumerated are not
included in the term "garbage" including but not limited to:, dish or waste water,
paper and other combustible or inflammable material, crockery, glass, cans,
tins, ashes, wire and sweepings and like materials.
"Green waste" means tree and shrubbery trimmings, vegetation matter resulting
from land clearing, grass cuttings, weeds, straw, or leaves, wood chips,
sawdust and other household garden organic materials and other discarded
plant or vegetation material.
"Hazardous waste" means:
1. All waste defined or characterized as hazardous waste by the Federal
Solid Waste Disposal Act (42 USC 6901 et seq.), as amended, including
the Comprehensive Environmental Response, Compensation and
Liability Act (42 USC 9601 et seq.), and all future amendments thereto,
or regulations promulgated thereunder; and
2.
All waste defined in the California Hazardous Waste Control Act of 1973
(Health & Safety Code Section 25100 et seq.) or characterized as
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
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hazardous waste by the Principal agencies of the State of California
(including without limitation the Department of Health Services and the
California Waste Management Board) having jurisdiction over hazardous
waste generated by facilities within such state; provided that the term
"hazardous waste":
a. Is intended to mean and include those substances which are not
normally expected to be disposed of by generally accepted
sanitary landfill disposal methods;
b. Shall include radioactive wastes; and
c. Shall be construed to have the broader, more encompassing
definition where there exists a conflict in the definitions employed
by two (2) or more governmental agencies having concurrent or
overlapping jurisdiction over hazardous waste.
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"Occupant" means and includes every owner of and every tenant or person
who is in possession of, is the inhabitant of, or has care and control of, a
residence or commercial building. For the purpose of this definition, a residence
or commercial building shall be presumed to be inhabited if water service is
being furnished thereto.
"Officer" means any employee of the City of San Bernardino who has authority
to issue criminal or administrative citations pursuant to Chapters 9.90 and 9.92.
"Person" includes any natural person, individual, firm, limited liability company,
partnership, public or private corporation or association or any other entity
whatsoever.
"Receptacle" means containers used for collecting refuse, including but not
limited to trash cans, dumpsters, roll-off bins, City-provided containers or other
vessels used to collect refuse, recyclables or green waste.
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"Refuse" is the designated all-inclusive term for all putrescible and non-
putrescible solid and semi-solid waste including, but limited to: garbage, solid
waste matter, trash, ashes, industrial wastes, construction and demolition
wastes, bulky item waste, manure, vegetable or animal solid and semi~olid
wastes, combustible and non-combustible wastes. "Refuse" does not include
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
hazardous or household hazardous waste, medical waste, low-level radioactive
waste, recyclable materials or green waste.
"Residence" or "Residential" means any and all dwelling units, as defined in the
"Land Use Zoning Ordinance" of the City of San Bernardino, and other building
used for residential or dwelling purposes.
"Recyclable discards" or "recyclables" means reusable waste materials
including but not limited to paper, books, magazines, boxes, wrappers, various
types of plastic, metal, glass, packaging, textiles, green waste and such
materials as listed by the Director as recyclable discards that are to be collected
separated or processed and used as raw materials. Material included in the
term "byproducts" may be included in "recyclable discards" by virtue of being
discarded for pickup by the Collector. Recyclable discards does not include
refuse or hazardous waste.
"Roll-off bin" means any large metal container, bin or drop body used for the
temporary collection of garbage usually measured in cubic yards.
"Roll-out services" means the movement, by the collector, of any refuse or
receptae<le which is not immediately adjacent to public streets or alleys.
"Special Services" means any refuse or refuse related services that are not
provided in the City's normal course of refuse related services including but not
limited to pick-up service for bulky items, receptacle repair, receptacle
exchange and/or replacement, special refuse, roll-out service and additional
unscheduled collection.
Prohibitions.
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Accumulations.
1. Every person owning or occupying any building, lot or premises in the
City shall keep such property in a clean and sanitary condition; this
includes keeping the area around a receptacle free of excessive trash
and debris and preventing the placement of material in the receptacle
that requires special handling, such as furniture and electronic
appliances, e-waste or hazardous materials. The occupant shall not
cause or permit combustible or putrescible refuse matter to collect or
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
accumulate for more than one (1) week, or cause or permit any other
non-combustible refuse matter to accumulate for a period in excess of
one (1) month; provided, however, the provisions of this section shall not
be construed to interfere with any occupant keeping building materials
upon premises during construction, reconstruction, or repair of a building
or structure thereon under a valid building permit, nor with the keeping of
wood neatly piled upon such premises for household use.
2.
Any violation of this chapter may be reported to the City's Code
Enforcement Department or Public Services Department. If an Officer
determines that a violation of this chapter exists, the Officer will tag the
receptacle with a notice of violation (NOV) requiring the property owner
or occupant to. bring the property into compliance. If the occupant does
not respond to or comply with the notice of violation, the City will take the
necessary steps to bring the, property into compliance, including, if
necessary, cleaning and sanitizing the receptacle a'rea. The occupant
shall be held responsible for all fees and costs incurred as a result of the
City bringing the property into compliance.
Burning refuse, recyclable discards, and green waste.
No garbage, rubbish, recyclable discards or green waste or any solid waste
matter shall be burned in the open air within the City limits unless such burning
is conducted in a properly built sanitary incinerator meeting all federal, state,
and local air emissions regulations.
2.
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Dumping and burying of refuse, recyclable discards or green waste.
1. No person shall dump, place or deposit upon or bury in any lot, land,
street, alley, water or waterway within the City any refuse, recyclable
discards, green waste or substance condemned by the San Bernardino
County Health Department or any other deleterious or offensive
substance; provided, however, the provisions of this section shall not
apply to any land used by San Bernardino County or its agents as a
public landfill.
It is unlawful to collect, dump, or deposit any refuse, recyclable discards,
or green waste upon any property located within the City belonging to
another either with or without the consent of the owner thereof, including
but not limited to any property, public or private, any highway, off-ramp,
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
street, sidewalk, curb, gutter, or other property; and it is unlawful to
establish or maintain a place for dumping garbage, refuse, recyclable
discards, or green waste in the City, or to collect, receive, and dump any
refuse, recyclable discards, or green waste on one's own property, save
and except such refuse as shall reasonably accumulate upon such
property in the reasonable and lawful use thereof.
Contamination of green waste and commingled recycling.
No person shall place in any receptacle identified for recyclables or green
waste any material that would inhibit its recyclability or compostability.
Containers set aside for recyclables or green waste shall be used only for
recyclables or green waste and no other materials. No glass, paper, plastic,
razor blades, metal, chemicals or other substances rendering such green waste
unfit for the consumption of animals or production of soil amendments or
compost shall be mixed therewith.
Dangerous and infected substances.
1. No person shall place or deposit in any refuse, recycling or green waste
receptacle for collection pursuant to the provisions of this chapter any
unbroken and exposed hypodermic needles, medicines, pills, poisons,
caustic acids, explosives or similar dangerous substances which may
cause human injury or harm. Customers may contact the Director for
information regarding the City's sharps collection program.
2. No person shall place or deposit in any refuse, recycling or green waste
receptacle for collection pursuant to the provisions of this chapter
wearing apparel, bedding or other articles from any home or place where
any infectious or contagious disease has prevailed. The occupant of any
premises where an infectious or contagious disease has prevailed shall
forthwith notify the San Bernardino County Health Officer and shall
dispose of such articles in accordance with his or her directions.
E-waste.
No person shall dump, place or deposit in or upon any container or receptacle
within the City any E-waste, but shall deposit such E-waste with an authorized
recycler of E-waste products.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1 G.
Damage to or removal of receptacles.
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It is unlawful for any person to mar, injure, damage or destroy, or to take or
remove any receptacle furnished or provided pursuant to this Chapter.
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4 8.24.080
Only Collector to remove refuse, recyclable discards or green waste
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All refuse, recyclable discards, and green waste shall be removed and
conveyed by the Collector. No person other than the Collector shall remove the same
from any premises or convey the same upon the streets of San Bernardino.
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Responsibility to provide for and use integrated waste, recycling
and green waste collection services.
Every person owning or occupying a residential or commercial building within
the City shall provide for integrated waste collection services in accordance with
the provisions of this chapter.
It shall be unlawful for the owner or occupant of any residential or commercial
unit within the City to fail or neglect to provide for the removal of refuse,
recyclables or green waste from such premises in accordance with provisions
of this chapter.
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8.24.100
Receptacles - Duty of City to provide.
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The City, or its authorized agents, shall provide a receptacle, or such number of
receptacles as shall be necessary to accommodate the needs of each particular
residence or commercial establishment within the City for the receiving of and into
which shall be placed all refuse, recyclable discard or green waste.
8.24.110
Maintenance of collection receptacles.
All receptacles shall be kept in clean and sanitary condition by the owner or
person using the same, and collection receptacles shall be kept tightly covered at all
times, except when refuse, green waste or recyclable discards are being deposited
therein or removed therefrom, and shall at all times be secure against access by flies
and free from leaks.
II
-
~
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1 8.24.120
Placement of refuse, recycling and green waste in receptacles.
2 A.
3
4 B.
5
6
7 C.
6
9 D.
10
'-.
11
12 E.
13
14 F.
15
16
17
18
19
-
20 8.24.130
21
All refuse, recycling and green waste materials shall be placed in suitable
receptacles furnished by the City.
All refuse shall be placed in receptacles as specified in this chapter and shall
be drained and securely wrapped before being placed into the receptacle.
Paper or other material shall be used as is necessary to confine the garbage in
a package that may be handled without the loss of contents.
Hazardous wastes shall not be placed into the City's receptacles. Household
hazardous waste may be disposed of properly by being taken to household
hazardous waste collection centers or any other designated collection points.
All lubricants, such as motor oil, shall be disposed of in the proper manner by
being taken to a household hazardous waste drop-off center, any other officially
designated collection point or collected through the City's waste oil and oil filter
curbside collection program.
All refuse placed in a receptacle shall be placed loosely in such receptacle so
as to ensure the ease of disposal.
All materials placed into receptacles shall be contained within said receptacle
and lid shall be shut completely. Until removed by the collector, the customer
shall be responsible for the clean-up of any and all discards which the customer
has generated, dumped, spilled or otherwise lost or littered, notwithstanding
human and animal interference, wind or other natural forces and weather
during storage, collection, removal or transfer. The collector shall be
responsible for any discards spilled during collection, removal or transfer by the
collector provided the owner or person in control of the receptacle has properly
utilized the receptacle in accordance with the rules approved by the Director.
Special Services
22
Customers requiring special services shall contact the Department to arrange
for such service. Charges for such special services shall be established by separate
resolution of the Mayor and Common Council.
23
24
Procedures for the collection of items requiring special service shall be
established by the Director.
00
~"
26
12
,..-
-
-
11
12
13
14
15
16
18 A.
19
2]
21 B.
22
- 23
"'- 24
25
26
-.-,
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1 8.24.140
Exemption from service.
2
Any customer may make an application for exemption from integrated waste
collection seNices on the basis that a developed property is unoccupied, and that no
refuse, green waste or recyclable materials shall be placed or offered for collection by
the City or its authorized collector, from such property. The Director may temporarily
exempt such property from participation in the City's integrated waste collection
program for the limited period while the property is unoccupied; provided, that any
such statement or representation shall be made in affidavit form, fully sworn to by the
person making such statement or representation and filed with the Department. An
exemption shall be valid only for the time that the statements made in the affidavit
continue to be true. Any violation of provisions of the exemption shall result in
termination of the exemption and shall require the customer to subscribe to the
integrated waste collection seNices in accordance with this chapter.
3
4
5
6
7
8
9
10 8.24.150
Residential receptacle requirements.
All refuse, recyclable discards or green waste accumulated at any residence or
any other place where there is an accumulation of refuse, recyclable discard or green
waste, shall be kept upon the premises in receptacles, as approved by the Director, of
a capacity of not less than sixty four (64) gallons, with a tight-filting cover, and in all
events of a size sufficient to contain all of the refuse, recyclable discard or green
waste that may accumulate at such place between the times when the same may be
removed, and such cover shall be kept securely fastened upon such receptacle while
containing refuse, recyclable discards or green waste, except when refuse, recyclable
discard or green waste is being placed therein or removed therefrom.
17 8.24.160
Residential collection frequency.
All refuse, recycling and green waste shall be collected from residential units a
minimum of one (1) time per week. All garbage, rubbish, recyclable discards
and green waste collections shall be made as quietly as possible, and the
Mayor and Common Council may fix and determine the hours for collection.
The Director may require a greater number of collections per week or may
require placement of additional containers upon finding that an unhealthful,
unsightly, or public nuisance exists under the current seNice level. In such an
event, the customer shall pay for additional collections and or containers at the
current fee schedule.
13
-
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
',-,
1 8.24.170
Residential receptacles, placement.
,-.
Residential refuse, recycling and green waste receptacles shall be placed for
collection by 6:00 a.m. on the scheduled collection day, but not prior to the
evening preceding the collection day. Receptacles shall be removed the
evening after collection day and shall remain in the public view no more than a
total of twenty-four (24) hours. Such receptacles shall be placed for collection
along the alley where a useable alley exists. Where there is no useable alley,
such receptacles shall be placed for collection near the street curb. Where no
curbs or walks exist, such receptacles shall be placed in a location convenient
for collection along the street right-of-way and placed at least three (3) feet from
any mailboxes, cars, or any other obstructions for safety and efficiency.
Approved receptacles shall be placed along the street within two feet of the
curb or edge of pavement, where there is a parking lane in front thereof or
along the alley in the rear thereof, depending upon whether the prescribed
route is along the street or alley, except as may be otherwise permitted by the
rules of the Director. All collections from other places shall be from a place
readily accessible to the collector and agreeable to Director.
No person shall place or cause to be placed any receptacle in any public
highway or alley at any place or in any manner other than as is provided in this
section, or at any time other than on the days and time established by the
Director for collection of refuse, recyclable discard or green waste, on a
particular route.
It is unlawful for any person to place any refuse, recyclable discard or green
waste receptacle on any public highway at any place or in any manner or at any
time other than as established by this Chapter for the collection of refuse,
recyclable discard or green waste or to permit such receptacle to remain
thereon for more than twenty-four hours. .
Except on days established for collection, all garbage, rubbish, recyclable
discards, and green waste receptacles shall be placed out of sight from any
public right-of-way.
-
Any obstructing object(s) that prevent collection of residential refuse (e.g.
basketball hoop) will be tagged by an Officer with a notice of violation requiring
immediate removal. If a customer is issued two (2) notice of violations within a
twelve (12) month period for the same obstructing object(s), the City will
impound the object(s) without granting any further notice or warning. The
"'-
14
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9 A.
10
""-
11
12 B.
13
14
17
18
19
20
21
22
_. 23
'-'
24
25
26
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1
confiscated object(s) will be placed in a storage facility and the customer shall
be responsible for all fees incurred as a result of the impoundment. A customer
may appeal the decision of the Director to the Hearing Officer within ten days of
written notice of the removal of the obstructing object. The Hearing Officer's
decision shall be final. Pursuant to Code of Civil Procedure Section 10946,
any action to review the Hearing Officer's decision shall be commenced no later
than the ninetieth day after the date of the Hearing Officer's decision.
2
3
4
5
6
F.
It shall be the customer's responsibility to provide means of entering and exiting
the premises, adequate collection vehicle turning radius, and vertical and
horizontal clearance for the Collector's vehicles and/or equipment.
7
8 8.24.180
Commercial collection services - responsibility to use.
The property owner or occupant of any commercial or i~dustrial establishment
within the City shall make arrangements for the removal of refuse, recyclables
and green waste from such premises in accordance with provisions of this
chapter.
It shall be unlawful for the owner or occupant of any commercial or industrial
establishment within the City to fail or neglect to provide for the removal of
refuse, recyclables or green waste from such premises in accordance with
provisions of this chapter.
15
8.24.190
Commercial Receptacle requirement.
16
All refuse, recyclable discards, and green waste accumulated at any
commercial business, or construction site or any other place where there is an
accumulation of such material, shall be kept upon the premises in suitable containers,
as designated by the Director for each category of material, of capacity or number of
containers sufficient to individually contain all of the materials that may accumulate at
such place between the times when the same may be removed according to the
schedule designated by the Director.
8.24.200
Commercial collection frequency.
All commercial establishments generating refuse shall be collected a minimum
of one (1) time per week. The Director may require a greater number of collections per
week for commercial establishments as deemed necessary to comply with the
provisions of this chapter or when he deems it necessary or expedient for efficient
15
""-
,
,
2
3
4
5
6
7
8
9
10
'--..,
13 A.
14
15
16
17 B.
18
19
20
21 C.
22
- 23
.......
24
25
26
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
handling or for the protection of the public health, safety, and welfare. The Director
may notify Customers in writing to increase their levels of service by obtaining
additional receptacles or arranging for more frequent collection. If the Director
determines that overflowing or otherwise non-contained refuse continues to create a
nuisance or a threat to public health or safety after written notification to the Customer,
the Director shall provide sufficient containers and collection and bill the account in
accordance with the schedule of fees adopted by the City Council. A customer may
appeal the Director's decision to the Hearing Officer within ten days from written notice
of the Director's decision. The Hearing Officer's decision shall be final. Pursuant to
Code of Civil Procedure Section 1094.6, any action to review the Hearing Officer's
decision shall be commenced no later than the ninetieth day after the date of the
Hearing Officer's decision.
11
12 .
8.24.210
Commercial receptacles, placement. .
All commercial collection bins or drop bodies shall be placed in an area
approved by the City, which shall be easily accessible to the Collector.
8.24:220
Rates and Provisions for Services and Billing.
The Common Council hereby finds and determines that the periodic collection
of refuse, recyclable discards, and green waste from all residences and
commercial buildings in the City benefits all occupants in the City, and therefore
all occupants are made liable for the payment to the City of such refuse,
recyclable discards, and green waste collection fees as may be established by
resolution of the Mayor and Common Council.
All fees established by separate resolution of the Mayor and Common Council
for the collection and disposal of such refuse, recyclable discards and green
waste shall be collected by adding the same to the water bills rendered to
customers of the San Bernardino Municipal Water Department whenever it is
possible to do so. Charges for special services shall be itemized separately
from the routine service charge.
All moneys paid pursuant to the provisions of this section shall be applied to
satisfy the debt for the total amount of the billing rendered by the Water
Department including water, sewer and refuse, recyclable discards, and green
waste and charges.
16
-.
',,-
1 D.
2
3 E.
4
5
6 F
7
8
9
10
'-
11 G.
12
13
14
15
16
17 H.
18
~9
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
I
I
I
The fees for such refuse, recyclable discards and green waste collection added
to the water bills shall be for the period covered by the bills. and shall be
payable at the same time and in the same manner as such water bills.
For the purpose of this section the "occupant" shall be the "owner" or his
"authorized agent" as determined by the rules and regulations of the Board of
Water Commissioners.
Whenever it is not practicable to add such refuse fees to the water bills,the
Director shall cause bills to be rendered and provide for collection for such fees.
A deposit may be required of any occupant whenever, in the opinion of the
Director, such deposit is necessary to insure prompt and satisfactory payment.
of such refuse fees. In the event that any occupant having to his credit a
deposit for the fees shall, for any reason, discontinue such service, the deposit
shall first be applied to pay for any such refuse fees remaining unpaid and any
remaining balance of the deposit shall be refunded.
Any fees imposed by this section shall be a civil debt owed to the City .by the
occupant of the residence or commercial building where such refuse collection
service is available. In the case of multiple dwellings where the fees are not
billed in accordance with this section, such charges shall be billed to the
landlord who shall collect the charges levied against the occupants of the
dwelling units located in the multiple dwellings and shall transmit the amount so
collected to the City. In the event the landlord fails to collect any such charge
from any occupant, the landlord shall be liable to the City for the payment of
such charges.
The Mayor and Common Council shall provide by resolution, rates for the
collection of such refuse, and provide for the levy and collection of fees
covering such charges.
8.24.230 Unauthorized Removal of Recyclables, Green Waste and Refuse
20 Discards.
21
A.
22
,- 23
--- 24
25
26
Residential Recyclables, Green Waste and Refuse Discards.
Recyclables, green waste or refuse discards placed in a City provided
receptacle by the occupant, with the intent that said discards be collected by the
collector, shall be considered to be City property at the time of placement. Said
receptacles shall be used only for the intended use as set forth herein. No person,
17
'-
,,-.
'"--.....
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1
other than the collector, shall remove discards from City-issued residential
receptacles. The occupant, or his authorized agent, may retrieve or remove any
discards from the receptacle, prior to collection.
2
3
B.
Commercial Recyclables, Green Waste and Refuse Discards,
4
Recyclables, green waste or refuse discards placed in or adjacent to a City
commercial bin by the occupant of a commercial building with the intent that said
discards be collected by the collector shall be considered to be City property at the
time of placement No person, other than the collector shall remove discards from City
commercial receptacles. The business owner, or his authorized agent, may retrieve or
remove any discards from the container, prior to collection.
5
6
7
8
9
8.24.240
Right to Dispose of Recyclable Materials.
10
Nothing in this Chapter limits the right of any person to don'ate, sell or otherwise
dispose of his or her recyclable discards. However a City-issued residential receptacle
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 than the City Collector.
11
12
13 8.24.250
Recycling Exemption - Charitable organizations.
14
Recognized non-profit charitable organizations conducting fund-raising events
for a public purpose are exempt from ~ 8.24.230.
15
16 8.24.260
Posting of Signs.
17
Signs which state, in both English and Spanish that removal of recyclables from
City receptacles is illegal and punishable by a fine of up to $1,000 or up to six months
in jail. or both. shall be posted at each of the following locations: 1) on all City
Commercial Recycling Bins; 2) at the entrance to buy-back centers; and, 3) vending
machine-type receptacles located within the City of San Bernardino.
18
19
20
21
8.24.270
Roll-off Bins - Franchise Required.
22 It shall be unlawful for any person to provide roll-off bin services to any person
or to place any roll-off bin on the public right of way, public or private property in the
23 City without first obtaining a contract or franchise agreement with the City to provide
such services.
L.4
25
;;6
i8
/."".,
-
5
6
7
8
9
10
-
11
12
13
21 A.
22
0-
- <0
'- 24
25
26
Any roll-off bins left on the public right of way, public property, or private
property by a company or person without a contract or franchise agreement with the
City to provide such services shall be deemed illegal and subject to removal pursuant
to these provisions.
1
2
3
4 8.24.280
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
Roll-off Bins - Notice to Remove.
Upon determination that a roll-off bin is illegal, the owner of the bin will be
called and notified of such violation, if it is marked, and the owner will be given twenty-
four hours to remove the roll-off bin. A "Notice to Remove Roll-Off Bin" shall be
posted on the bin and mailed to the owner, if the owner's address is known or easily
ascertainable. If the bin is unmarked and the owner is unknown, a twenty-four (24)
hour posting of the notice to remove the illegal bin shall be deemed sufficient notice.
The notice shall be in substantially the following form:
14
. 0
.l.
16
17
18
19
20 8.24.290
"NOTICE IS HEREBY GIVEN pursuant to Section 8.24.280 of
the San Bernardino Municipal Code that the Director of Public
Services, or his or her designee, has determined that this bin
was placed in the City of San Bernardino without the necessary
contract or franchise agreement and is hereby deemed illegal
and that the removal of the bin is required. This bin must be
removed from the City of San Bernardino within twenty-four (24)
hours of the date and time of this Notice. Failure to remove this
bin will result in the seizure of the bin by the City of San
Bernardino. A hearing may be requested within fifteen (15)
days of the seizure to reclaim the bin. If no hearing is
requested within fifteen (15) days, the seized bin will become
the property of the City of San Bernardino. The owner may
waive a hearing by paying the costs for removal, storage, and.
disposal, if any, of the bin. The total amount of costs to be paid
may be obtained from the Department."
Roll-off Bins. Removal; hearing; appeal.
Any illegal roll-off bin that has been removed by the Department shall be stored
pending a hearing before the Director. Said hearing must be requested within
fifteen days and scheduled within thirty days following the removal of the bin.
19
A violation of this chapter shall be considered a misdemeanor and may be
punished as such, however, at the discretion of the City Attorney, the violation of any
provisions of this article may be filed as an infraction. The complaint charging such
violation shall specify whether the violation is a misdemeanor or an infraction, which
upon conviction thereof is punishable in accordance with the provisions of Section
1.12.010. For purposes of Section 1.12.010, each violation of this Chapter by the
same person or entity, regardless of the location of the violation shall be considered a
subsequent or repeat offense.
-
1 B.
2
3 C.
4
5
6 D.
7
8
9
10
'"-"
11 E.
12
13
14
15
8.24.300
16
17
18
19
20
21
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
The owner of the bin may waive the hearing and pay the City's costs for
removal, storage, and disposal of the bin and claim the bin. The amount of
costs will be determined by the Director.
If the bin is not claimed and no hearing is requested within fifteen days of
removal of the bin, the bin will become the property of the City and the City may
dispose of or use the bin as the City may deem appropriate.
If a hearing is timely requested, the Director shall determine whether the owner
of the bin had a contract or franchise agreement with the City. If the Director
determines that the owner of the bin did not have the requisite contract or
franchise agreement with the City the Director may order the bin returned to the
owner after payment of the costs for removal, storage and disposal of the bin.
If the Director determines that the owner did have the requisite contract or
franchise agreement with the City, the bin shall be returned to the owner at no
cost to the owner.
The owner of a bin that is the subject of a timely hearing may appeal the
Director's decision to the Hearing Officer within ten days of the Director's
decision. The Hearing Officer's decision shall be final. Pursuant to Code of
Civil Procedure Section 1094.6, any action to review the Hearing Officer's
decision shall be commenced no later than the ninetieth day after the date of
the Hearing Officer's decision.
Violation - Penalty.
22 III
- 23 /II
.......
24 III
25
26 20
1 Section 3.
2
3
4 8.25.010
8.25.020
5 8.25.030
6 8.25.040
8.25.050
7
'-
8
9
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO. CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
Chapter 825 is hereby repealed and replaced with the following:
Chapter 8.25
Scrap Tires
Authority.
Definitions.
Disposal of Scrap Tires.
Penalty for Unlawful Disposal of Whole Tires.
Posting of Notice.
8.25.010 Authority.
This chapter is adopted pursuant to the authority of the Charter of the City of
10 San Bernardino and Public Re.sources Code ~ 42810.
~'"
21
22
-- 23
~ 24
25
26
11
12
A.
13
14 B.
15
16 C.
17
18
19
20
8.25.020 Definitions.
"Altered waste tire" means a waste tire that has been baled, shredded,
chopped, or split apart. "Altered waste tire" does not mean crumb rubber.
"Alteration" or "altering," with reference to a waste tire, means an action that
produces an altered waste tire.
"Seller" means any person, business, corporation, partnership or any other
business entity that engages in the sale and/or exchange of new and/or used
tires as a regular part of their business, including but not limited to wholesale
and retail tire dealers, automotive service centers, automotive repair centers,
new and used automotive dealers, new and used automotive parts vendors and
automotive dismantlers.
8.25.030 Disposal of Scrap Tires.
Every seller of new or used tires within the City upon request by an authorized
officer, agent or employee of the City must demonstrate that each such tire has been
disposed of properly by one of the following methods:
A. Manifest provided by a state-permitted waste tire hauler company;
2\
-
8
9 A.
10
"-
11
12
13
14
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
1 B.
Any alternative methods formally approved by the California Integrated Waste
Management Board.
2
3
C.
The City shall provide copies of manifest forms to any seller of new or used
tires within the City upon request from the seller to the Department.
4
Any seller of new or used tires within the City who cannot adequately
demonstrate to the Director of Public Services or his designee that each whole tire
was disposed of properly by one of the above methods, shall be in violation of this
section. and subject to civil andlor criminal prosecution by the City.
5
6
7
8.25.040 Penalty for Unlawful Disposal of Whole Tires.
It shall be unlawful to dispose of whole tires in any of the following manners
within the City:
1. Placement of whole tires in or around any regular commercial, industrial
or residential receptacle within the City. A residential customer may
place up to one (1) whole tire per collection day with their regular refuse
collection. with a maximum of four (4) tires per calendar quarter.
2.
Placement of whole tires on any public or private property within the City,
unless said property is a registered waste tire facility as set forth in
Public Resources Code 42800 to 42859, et. seq.
15
16
B. Any seller of new or used tires within the City who willfully and knowingly
places whole tires in or around any regular commercial, industrial or residential
rubbish container within the City or along any public or private property, or who allows
or directs another party to willfully and knowingly place whole tires in any regular
commercial, industrial or residential receptacle within the City or along any public or
private property, shall be guilty of a violation of this section, and subject to civil andlor
criminal prosecution by the City.
17
18
19
20
III
21
22
11/
- 23 11/
.......
24 1//
25
26 :;2
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
," REPEALING CHAPTER 8.21; REPEALING AND
......... REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
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1 8.25.050 Posting of Notice.
Every seller of new or used tires within the City must post the following notice:
Notice
"Every tire left with this facility for disposal is assessed a
surcharge established by California Public Resources Code
42885. This surcharge is for the costs of disposal and for
development of new uses for scrap tires. Other charges may
also be imposed by this operator to cover actual disposal or
recycling costs.
In order to prevent the illegal disposal of used tires within the
City of San Bernardino, if you elect to keep your used tires for
private use or disposal, you will be required to sign a Certificate
of Removal stating the number of tires that you removed, your
name, address and California Driver's License Number. This
information will be furnished to the City of San Bernardino.
Illegal disposal of whole tires is a violation of Section 8.25.040
of the City of San Bernardino Municipal Code, and may result in
fines and penalties."
Section 4. In the event that any provision of this Ordinance, or any part thereof, or
any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by an court of competent jurisdiction
on its face or as applied, such holding shall not affect the validity of the remaining
provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or
circumstance. It is hereby declared to be the legislative intent of the City that this
Ordinance would have been adopted had such unconstitutional, invalid, or ineffective
provision not been included herein.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING CHAPTER 8.21; REPEALING AND
REPLACING CHAPTER 8.24 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING GARBAGE AND RUBBISH
AND REPEALING AND REPLACING CHAPTER 8.25
REGARDING SCAVENGING OF RECYCLABLE
MATERIALS.
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1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof. held on
2 the _ day of , 2006, by the following vote, to wit:
3 AYES NAYS
COUNCIL MEMBERS:
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ESTRADA
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6 BAXTER
7 VACANT
8 DERRY
9 KELLEY
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"- JOHNSON
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12 MC CAMMACK
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ABSTAIN
ABSENT
Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this ---'-- day of
,2006,
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19 Approved as to form:
20 JAMES F. PENMAN
21 City Attorney
00 If:
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PATRICK J, MORRIS, Mayor'
City of San Bernardino