HomeMy WebLinkAboutMC-910 Effective: October 7, 1994
1 ORDINANCE NO. MC-910
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND
3 RUBBISH
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Chapter 8.24 of the San Bernardino Municipal
7 Code is hereby amended to read as follows:
8 "8.24.010. Definitions.
9 The following words, terms and phrases when used in this
10 chapter shall have the meaning ascribed to them in this section.
11 The singular number shall include the plural.
12 A. "Byproducts" means and includes:
13 1. All materials produced, developed or generated
14 incidental to the operation of any business, which is not the
15 principal object of production of such business, but which
16 material, due to its nature, can be sold by the producer thereof
17 at a price greater than the cost of hauling such material to the
18 point of delivery or sale;
19 2. All material which, due to its nature, can be sold
20 by the producer thereof, at the point of production, for valuable
21 consideration; and
22 3. All such materials as the Common Council, by
23 resolution, designates as byproducts.
24 B. "Garbage" means and includes table refuse, swill, and
25 offal, and every accumulation of animal, vegetable and other
26 matter that attends the preparation, consumption, decay or dealing
27 in or storage of meat, fish, fowl, fruit and includes all animal
28 and vegetable refuse from kitchens and all household waste that
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1 has been prepared from or intended to be used as food, or has
2 resulted from the preparation of food and also includes all
3 vegetable trimmings from markets or stores. Articles and things
4 not hereinbefore enumerated are not included in the term
5 "garbage" : dead animals over five pounds in weight, dish or waste
6 water, paper and other combustible or inflammable material,
7 crockery, glass, cans, tins, ashes, wire and sweepings and like
8 materials.
9 C. "Garbage Collector" means an agent or employee of the
10 City or employees thereof, licensed by contract or permit, to
11 collect and transport garbage in the City.
12 D. "Occupant" means and includes every owner o£, and every
13 tenant or person who is in possession of, is the inhabitant of, or
14 has care and control of, an inhabited residence. For the purpose
15 of this definition, a residence shall be presumed to be inhabited
16 if water service is being furnished thereto.
17 E. "Person" includes any individual, firm, co-partnership,
18 corporation or association.
19 F. "Residence" means any and all dwelling units, as
20 defined in the "Land Use Zoning Ordinance" of the City of San
21 Bernardino, and other building used for residential or dwelling
22 purposes.
23 G. "Rubbish" includes but is not limited to nonhazardous
24 waste materials not included in the terms "garbage" , "byproducts" ,
25 "recyclable discards" , or "greenwaste", swill, earth, sand, clay,
26 gravel, loam, manure, or stone.
27 H. "Rubbish Collector" means an agent or employee of the
28 City or any person, firm or corporation or association, or the
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j agents or employees thereof, licensed by contract or permit, to
2 collect and transport rubbish in the City. (Ord. 2845 (part) ,
3 1967: Ord. 1968 S 1, 1943. )
4 i. "Recyclable discards" means paper, books, magazines,
5 boxes, wrappers, various types of plastic, metal, glass,
6 packaging, textiles, household and business articles, appliances,
7 electronics, furniture, business fixtures, and tires and such
8 materials as listed by the Director of Public Services as
9 recyclable discards. Recyclable discards shall be material
10 designated as recyclable by the Director of Public Services which,
11 due to their nature, are discarded by the producer thereof.
12 Material included in the term "byproducts" may be included in
13 "recyclable discards" by virtue of being discarded for pickup by
14 the City's recyclable collector.
15 J. "Greenwaste" means grass cuttings, prunings, tree
16 branches, leaves, wood, sawdust, and other discarded plant
17 material.
18 K. "Recyclable Collector" means an agent or employee of
19 the City or any person, firm or corporation or association, or the
20 agents or employees thereof, licensed by contract or permit, to
21 collect and transport recyclable discards in the City.
22 L. "Greenwaste Collector" means an agent or employee of
23 the City or any person, firm or corporation or association, or the
24 agents or employees thereof, licensed by contract or permit, to
25 collect and transport greenwaste in the City.
26 8.24.020. Container requirements.
27 All garbage accumulated at any private dwelling, boarding
28 house, restaurant, hotel, eating house, market, grocery store,
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1 fruit store, or stores selling fruits and vegetables, or any other
2 place where there is an accumulation of garbage, shall be kept
3 upon the premises in containers, as approved by the board of
4 health and the Director of Public Services, of a capacity of not
5 less than thirty-two (32) gallons, with a tight-fitting cover, and
6 in all events of a size sufficient to contain all of the garbage
7 that may accumulate at such place between the times when the same
8 may be removed, and such cover shall be kept securely fastened
9 upon such receptacle while containing garbage, except when garbage
10 is being placed therein or removed therefrom.
11 All rubbish, recyclable discards, and greenwaste accumulated
12 at any dwelling, business, or construction site or any other place
13 where there is an accumulation of such material, shall be kept
14 upon the premises in suitable containers, as designated by the
15 Director of Public Services for each category of material, of
16 capacity or number of containers sufficient to individually
17 contain all of the materials that may accumulate at such place
18 between the times when the same may be removed according to the
19 schedule designated by the Director of Public Services.
20 8.24.030. Removal of garbage, rubbish, recyclable discards,
21 and greenwaste - Construction of containers for
22 removal.
23 A. All garbage, rubbish, recyclable discards, and
24 greenwaste shall be removed and conveyed by the City Collector.
25 No person other than the City Collector shall remove the same from
26 any premises or convey the same upon the streets of San
27 Bernardino.
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1 B. All garbage, rubbish, recyclable discards, and
2 greenwaste shall be transported in metal-lined containers that are
3 water proof and so constructed as to prevent any garbage, rubbish,
4 recyclable discards, greenwaste or liquid therein from falling,
5 leaking, spilling or escaping therefrom and to prevent as far as
6 practicable the escaping of any odor therefrom. The garbage,
7 rubbish, recyclable discards, and greenwaste, from the point of
8 the last pickup to the point of unloading, shall be covered by a
9 tarpaulin or other suitable covering. Every truck so used for the
10 hauling of garbage shall be washed at least once a week and steam-
11 cleaned once a month and kept in a well painted condition.
12 C. All garbage, rubbish, recyclable discards, and
13 greenwaste shall be removed, conveyed and disposed of in such a
14 manner as not to be a nuisance, menace, or danger to public peace,
15 health and safety and shall be in accordance with any rules or
16 regulations as provided by the board of health.
17 8.24.040. Burying of garbage - Restrictions.
18 It is unlawful for any person to bury garbage within two
19 hundred feet of a dwelling house, restaurant or other structure or
20 building occupied as a residence or otherwise; and provided
21 further, that the garbage so buried shall not become a menace to
22 public health or offensive by reason of any odors arising
23 therefrom; and provided further, that the garbage shall be so
24 buried as not to become accessible to dogs, cats or other animals.
25 8.24.050. Burning garbage, rubbish, recyclable discards, or
26 greenwaste - Restrictions.
27 It is unlawful to burn any garbage, rubbish, recyclable
28 discards, or greenwaste in the City unless such burning is
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1 conducted in a properly built sanitary incinerator meeting all
2 federal, state, and local air emissions regulations.
3 8.24.060. Substances prohibited in garbage and greenwaste.
4 No glass, paper, plastic, razor blades, metal, chemicals or
5 other substances rendering such garbage or greenwaste unfit for
6 the consumption of animals or production of soil amendments or
7 compost shall be mixed therewith.
8 8.24.070. Collection and removal of garbage, rubbish,
9 recyclable discards, and greenwaste - Number of
10 times per week.
11 A. All garbage, rubbish, recyclable discards, and
12 greenwaste shall be removed at least once each week from all
13 locations within the City, provided, however that any garbage
14 contained in any receptacle wheresoever situated in the City shall
15 be removed within forty-eight hours after a specific request for
16 the removal of the same has been made to the garbage collector by
17 the owner of the premises or authorized agent.
18 H. All garbage, rubbish, recyclable discards, and
19 greenwaste containers for automated collection shall be collected
20 from private dwellings from the street within two feet of the
21 front of the curb or edge of pavement in front of the dwellings
22 where there is a parking lane. All collections from other places
23 shall be from a place readily accessible to the collector and
24 agreeable to the board of health and the Director of Public
25 Services.
26 C. All garbage, rubbish, recyclable discards and
27 greenwaste collections shall be made as quietly as possible, and
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1 the Mayor and Common Council may fix and determine the hours for
2 collection.
3 D. It is unlawful for any person to place any garbage,
4 rubbish, recyclable discards, or greenwaste receptacle in any
5 public highway at any place or in any manner or at any time other
6 than as established by this chapter for the collection of garbage,
7 rubbish, recyclable discards, and greenwaste or to permit such
8 receptacle to remain therein for more than twenty-four hours.
9 8.24.080. Dumping garbage, rubbish, recyclable discards, or
10 greenwaste on another's property unlawful.
11 It is unlawful, except with the consent of the Mayor and
12 Common Council, to collect, dump or deposit any garbage, rubbish,
13 recyclable discards, or greenwaste upon any property located
14 within the City belonging to another either with or without the
15 consent of the owner thereof; and it is unlawful to establish or
16 maintain a place for dumping garbage, rubbish, recyclable
17 discards, or greenwaste in the City, or to collect, receive, and
18 dump any rubbish, recyclable discards, or greenwaste on one' s own
19 property, save and except such rubbish as shall reasonably
20 accumulate upon such property in the reasonable and lawful use
21 thereof, without the consent of the Mayor and Common Council.
22 8.24.090. Permit required for removing rubbish - Exception.
23 It is unlawful for any person, except the City Rubbish
24 Collector or person having the requisite license and permit
25 provided for in Section 8. 24. 100 through 8.24. 180 or 8.24. 190 to
26 remove rubbish from any place or premises in the City or convey or
27 transport the same over the public highways thereof except that
28 any person in the lawful possession of any property, other than a
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1 place of business, may collect and remove therefrom and, in a
2 vehicle owned or lawfully possessed by him or her, transport any
3 rubbish naturally accumulated upon such property so owned or
4 lawfully possessed by him or her.
5 It is unlawful for any person, except the City Garbage,
6 Recyclable, and Greenwaste Collector to remove garbage, recyclable
7 discards, and greenwaste from any place or premises in the City or
8 convey or transport the same over the public highways thereof
9 except that any person in the lawful possession of any property,
10 other than a place of business, may collect and remove therefrom
11 and, in a vehicle owned or lawfully possessed by him or her,
12 transport any garbage, recyclable discards, and greenwaste
13 naturally accumulated upon such property so owned or lawfully
14 possessed by him or her.
15 8.24.100. Collection of pasteboard, cardboard and paper -
16 Baling required.
17 After and subject to the issuance of a permit by the
18 Director of Public Services of the City, any person may collect
19 and remove, or cause to be collected and removed, pasteboard,
20 cardboard, corrugated cardboard boxes and paper, which must also
21 be byproducts as defined in Section 8.24.010, from his local place
22 of business and transport the same in completely covered trucks
23 upon the public highways; provided, that such described materials
24 have first been pressed, and baled immediately and daily, except
25 on Sundays and legal holidays, by an approved mechanical or
26 hydraulic baler to a dry (twenty percent moisture) density of
27 twelve pounds per cubic foot. The baler shall comply with minimum
28 specifications therefor on file in the Department of Public
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1 Services and shall be located in an enclosed room or building on
2 his premises and operated by his employees; and such collection,
3 removal and transportation shall be done at least each and every
4 week and in accordance with the rules and regulations of the
5 Director of Public Services.
6 8.24.110. Collection of pasteboard, cardboard and
7 corrugated cardboard boxes - Removal semi-weekly
8 - Permit required.
9 Any person may remove at least semi-weekly pasteboard,
10 cardboard and corrugated cardboard boxes, which must also be
11 byproducts as defined in Section 8.24.010, from his local place of
12 business and transport at least semi-weekly the same in completely
13 covered vehicle upon the public highway; provided, that such
14 person shall first obtain a permit therefor from the Director of
15 Public Services and shall comply with the rules and regulations of
16 the Director of Public Services.
17 8.24.120. Definition of pasteboard, cardboard, corrugated
18 cardboard boxes and paper; other combustible
19 material.
20 Such pasteboard, cardboard, corrugated cardboard boxes and
21 paper referred to in this chapter shall be deemed to mean
22 combustible material as set forth in Article 11 of the Uniform
23 Fire Code as adopted by the City, and such collection material
24 shall be performed in compliance with Article 11 thereof and with
25 other provisions of this chapter and law and subject to the rules
26 and regulations of the Director of Public Services and the Fire
27 Chief.
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j 8.24.130. issuance of permits for removal of combustible
2 material.
3 The Director of Public Services may issue permits to
4 individual places of business to dispose of byproducts subject to
5 his rules and regulations, provided that any byproducts which are
6 also a combustible material as set forth in Section 8.24. 120 or in
7 Article 11 of the Uniform Fire Code, shall be removed, stored,
8 transported and disposed of in compliance with Article 11 of said
9 Uniform Fire Code and other provisions of this chapter and law and
10 the rules and regulations of the Director of Public Services and
11 Fire Chief.
12 8.24.140. Private removal of garbage, rubbish, recyclable
13 discards, greenwaste, combustible material and
14 byproducts - Permit required.
15 Any person excepted under Section 8. 24.090 through 8.24.180
16 who desires to operate a privately owned vehicle on the public
17 streets for the collection, removal, transportation or disposal of
18 any garbage, rubbish, recyclable discards, greenwaste, combustible
19 material or byproducts must obtain a permit for such operation
20 from the Director of Public Services. No permit may be granted
21 when such vehicles are not provided with a tight cover and so
22 operated as to prevent offensive odors escaping therefrom and
23 refuse, liquids and other material from being blown, dropped or
24 spilled.
25 8.24.150. Revocation or suspension of permit.
26 Any permit may be revoked or suspended by the Director of
27 Public Services for a violation of any provision of this chapter
28 or the rules and regulations of the Director of Public Services or
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1 the Fire Chief, subject to a right of appeal to the Mayor and
2 Common Council in accordance with prescribed procedures.
3 8.24.160. Authority of Director of Public Services to make
4 rules and regulations.
5 The Director of Public Services shall have the authority to
6 make reasonable rules and regulations concerning the storage,
7 collection, transportation and disposal of rubbish, garbage,
8 recyclable discards, greenwaste, combustible material and
9 byproducts by private persons as he or she shall find necessary.
10 8.24.170. Purchase of paper stock products from nonprofit
11 organizations.
12 A. Notwithstanding any other provisions of this chapter or
13 Chapter 8.21 to the contrary, the Mayor and Common Council may
14 award a contract authorizing a paper stock company to purchase and
15 receive paper, pasteboard and cardboard, hereinafter in this
16 section called "paper stock products, " from approved nonprofit
17 recreational, religious or charitable organizations. In the award
18 of the contract, the Mayor and Common Council shall require the
19 paper stock company to purchase at a predetermined rate any paper
20 stock products delivered to the paper stock company by any of said
21 organizations.
22 B. The paper stock company may receive paper stock
23 products only in approved drop boxes or storage containers at
24 designated and approved locations on open park, recreational,
25 religious or charitable properties and under conditions that shall
26 prevent the paper stock products from being scattered or
27 dispersed. Such paper stock company shall transport the paper
28 stock products in approved vehicles so covered and operated as to
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1 prevent the paper stock products from being scattered, blown, or
2 dropped therefrom.
3 C. The paper stock company shall have at least one
4 approved paper press in the City. The receiving, transportation,
5 pressing and possession of such paper stock products by said
6 pressing shall be performed in accordance with the rules and
7 regulations of the Director of Public Services.
8 8.24.180. Separation of recyclable discards and greenwaste
9 from garbage and rubbish.
10 According to designation of commercial, residential, or
11 other locations by the Director of Public Services as needing
12 separation of waste materials for the purpose of the City's
13 compliance with waste reduction and/or diversion mandates,
14 recyclable discards and greenwaste shall be separated by the
15 producer thereof from all other garbage and rubbish and separately
16 placed for collection in approved containers.
17 8.24.185. Term of permit for solid waste handling charges.
18 A. Any solid waste enterprise which is providing solid
19 waste handling services pursuant to the authority of Sections
20 49500 through 49523 of the Public Resources Code and this chapter
21 may continue to provide such service beyond the period of five
22 years set forth in Section 49520 of said Code upon and after the
23 granting of a permit for such services by the Mayor and Common
24 Council and subject to the provisions of Section 49520 of said
25 Code and this chapter but only if:
26 1 . The permit is and remains in full force and
27 effect;
28 2. The services of the enterprise are and continue to
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1 be in substantial compliance with any term or condition imposed
2 under such permit or as may be modified by the Mayor and Common
3 Council (and kept on file in the office of the Director of Public
4 Services of the City) and with any other applicable section of
5 this chapter;
6 3. The rates charged and the quality and frequency
7 of services are and remain in substantial compliance with Section
8 49520 of said Code, this chapter and each term and condition of
9 such permit.
10 B. Each permit shall be for a period of five years, and
11 shall terminate at the end of such period unless renewed or
12 extended by the Mayor and Common Council . The permit may be
13 terminated at any time by a thirty (30) day written notice mailed
14 to the solid waste enterprise at the address on file in the office
15 of said Director of Public Services when in the sole discretion of
16 the Mayor and Common Council it is determined that the enterprise
17 is not in substantial compliance with any term and condition of
18 the permit, Section 49520 of the Public Resources Code, or this
19 chapter, or for any other reason. The permit shall terminate
20 thirty (30) days after the mailing of the notice.
21 C. Notwithstanding any provision herein to the
22 contrary, the amendment of Public Resources Code Sections
23 49500 through 49523 or the extension of the five ( 5) year
24 period under Section 49520 or other applicable law shall
25 preempt the provisions of this chapter, and any rights or
26 privileges granted hereunder shall thereupon become null and
27 void. However, the repeal of all or any one of Sections
28 49500 through 49523 of the Health and Safety Code shall not
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1 affect the intent and meaning of this section and the provisions
2 of said sections of the Code shall be deemed to remain in effect
3 with the same language and meaning as existed on the date of
4 adoption of this section.
5 8.24.190. Only persons with license and permit or persons
6 with contract to collect garbage, rubbish,
7 recyclable discards, or greenwaste.
8 A. It is unlawful for any person, firm or corporation,
9 except an agent or employee of the City, or a person, firm or
10 corporation; excepted under Sections 8.24.090 through 8.24. 180, or
11 a person, firm or corporation possessing the requisite business
12 license and having obtained from the Mayor and Common Council upon
13 the recommendation of the Director of Public Services a permit to
14 collect rubbish in accordance with the rules and regulations of
15 the Department of Public Services as approved by the Mayor and
16 Common Council, or except a person, firm or corporation having a
17 contract awarded pursuant to Section 8.24.240, to collect, remove
18 or dispose of rubbish with the City; provided, that a person, firm
19 or corporation, having obtained said business license and permit,
20 may collect, remove and dispose of rubbish only from the following
21 locations:
22 1. Motels and gasoline service stations; and
23 2. Business, commercial and manufacturing
24 establishments within the business districts.
25 "Business, commercial and manufacturing establishments" as
26 used in this section means those business, commercial and
27 manufacturing establishments within the business districts, as
28 defined in Subsection B of this section, whether located inside or
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1 outside the City, which are being served by said person, firm or
2 corporation on August 28, 1967, or March 26, 1962, whichever is
3 earlier.
4 B. It is unlawful for any person, firm or corporation,
5 except an agent or employee of the City, or a person, firm or
6 corporation excepted under Sections 8. 24.090 though 8.24. 180, or
7 a person, firm or corporation possessing the requisite business
8 license and having obtained from the Mayor and Common Council upon
9 the recommendation of the Director of Public Services a permit to
10 collect garbage, recyclable discards, and greenwaste in accordance
11 with the rules and regulations of the Department of Public
12 Services as approved by the Mayor and Common Council, or except a
13 person, firm or corporation having a contract awarded pursuant to
14 Section 8.24.240, to collect, remove or dispose of garbage,
15 recyclable discards, or greenwaste with the City.
16 C. Business districts for the purpose of this chapter are
17 defined to be the following districts and land use zones:
18 C-1 Neighborhood Commercial District
19 C-2 Community Commercial District
20 C-3 General Commercial District
21 C-3A Limited General Commercial District
22 C-4 Central Business District
23 C-M Commercial - Manufacturing District
24 M-1 Light Manufacturing District
25 M-2 General Manufacturing District
26 D. The rubbish accounts of business, commercial and
27 manufacturing establishments which are being served by a person,
28 firm or corporation on August 28, 1967, may continue to be served
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1 by said person, firm or corporation so long as he or it is
2 continuously in business and complies at all times with each and
3 every provision of this chapter and of the rules and regulations
4 of the Department of Public Services. Such accounts may not be
5 sold, transferred or renewed and shall terminate permanently when
6 service is discontinued for any reason. The person, firm or
7 corporation desiring to continue to service the accounts shall
8 register in the office of the Department of Public Services and
9 shall provide names, addresses and other relevant data pertaining
10 to the accounts as may be required by the Director of Public
11 Services or the rules and regulations of the department within
12 thirty days from and after August 28, 1967.
13 8.24.200. Approval of permit for garbage, rubbish,
14 recyclable discards, or greenwaste collection -
15 Termination of service and account.
16 A. No new permit for garbage, rubbish, recyclable
17 discards, or greenwaste collection shall be approved or issued.
18 A permit which is presently in full force and effect shall not be
19 transferred, assigned or sold and may be summarily suspended,
20 restricted or revoked by the Common Council at any time for good
21 cause, including but not limited to violation of the rules and
22 regulations of the Director of Public Services or of this chapter;
23 provided that a notice is mailed, postage prepaid, and registered,
24 five ( 5) days prior to the time of hearing by the Director of
25 Public Services to the holder of the permit; and provided,
26 however, that the right to a notice is waived if an authorized
27 representative or employee of the holder is present at the time of
28 the hearing or if the holder has knowledge thereof.
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1 B. Notwithstanding any other provision to the contrary,
2 any rubbish account which is being served by a person, firm or
3 corporation, except an agent or employee of the City, or except a
4 person, firm or corporation exempted under Sections 8.24.090
5 through 8.24. 190, or except a person, firm or corporation who has
6 a contract awarded pursuant to Section 8.24.240, at the time of
7 the effective date of this section, shall not be sold, transferred
8 or assigned; and each rubbish account and the service thereof
9 shall terminate permanently when and if service for such account
10 is discontinued for any reason.
11 8.24.210. Placement of containers and bins.
12 A. The City shall collect and remove from all places or
13 premises garbage, rubbish, recyclable discards, and greenwaste
14 which is contained in receptacles or containers of the type,
15 weight, or kind prescribed by the Director of the Department of
16 Public Services, except approved bins mechanically emptied, placed
17 along the street within two feet of the curb or edge of pavement,
18 where there is a parking lane in front thereof or along the alley
19 in the rear thereof, depending upon whether the prescribed route
20 is along the street or alley, except as may be otherwise permitted
21 by the rules of the Director of Public Services. The City shall
22 also collect and remove from all places or premises garbage,
23 rubbish, recyclable discards and greenwaste which has been placed
24 for collection and which has been placed for collection and which
25 by reason of its character cannot practically be placed in such
26 receptacles. Manually emptied receptacles shall not exceed thirty
27 (32) two gallons in capacity and each receptacle shall not exceed
28 sixty ( 60) pounds in gross weight. Receptacles shall be free from
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1 rough or jagged edges or surfaces which would be likely to cause
2 injury to persons lifting them. An approved receptacle made of
3 wood, cardboard or pasteboard is subject to being collected and
4 discarded as rubbish.
5 B. No person shall place or cause to be placed any
6 receptacle or garbage, rubbish, recyclable discards, and
7 greenwaste in any public highway or alley at any place or in any
8 manner other than as is provided in this section, or at any time
9 other than on the days and time established by the Director of
10 Public Services for collection of garbage, rubbish, recyclable
11 discards, and greenwaste on the particular route. In the interest
12 of public safety, no person shall permit garbage, rubbish,
13 recyclable discards, and greenwaste receptacles to remain on or
14 immediately adjacent to the street or alley after seven p.m. of
15 the collections day. Except on days established for collection,
16 all garbage, rubbish, recyclable discards, and greenwaste
17 receptacles shall be placed out of sight from any public right-of-
18 way.
19 8.24.230. Materials prohibited from being mixed with
20 garbage, rubbish, recyclable discards, and
21 greenwaste.
22 No battery acid, poisonous, caustic or toxic material or
23 other substance capable of damaging clothing or causing injury to
24 the person, corrosive or explosive material or substance,
25 hypodermic syringe or needle, or waste or residue containing acids
26 or dangerous or destructive chemicals, shall be mixed or placed
27 with any garbage, rubbish, recycling discards, or greenwaste which
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1 is to be collected, removed or disposed of by the City Collector
2 or other duly qualified and licensed person, firm or corporation.
3 8.24.240. Award of contracts for rubbish and garbage
4 collection - Bond required.
5 A. The Mayor and Common Council may, after inviting bids
6 therefor, award a contract or contracts for a period of not more
7 than five years to the lowest and best bidder or bidders for the
8 collection and removal of garbage and/or rubbish or any
9 combination of the same, said contract or contracts to be in
10 accordance with and subject to the terms and conditions of this
11 chapter.
12 B. All bids or proposals shall be accompanied by a
13 certified check or cashier' s check payable to the City for an
14 amount in the sum of one thousand dollars ($1,000.00) or a surety
15 bond for a like amount, which amount may be forfeited to the City
16 upon failure of the bidder to enter into the contract or contracts
17 awarded to him.
18 C. The successful bidder for the collection of garbage
19 shall furnish a surety bond to the City in the sum of three
20 thousand dollars ($3,000.000) , conditioned upon the faithful
21 performance of the contract, and the successful bidder for the
22 collection of rubbish shall furnish a surety bond to the City in
23 the sum of three thousand dollars ($3,000.000) , conditioned upon
24 the faithful performance of the contract, and in the event that he
25 same bidder shall obtain both contracts, then the bidder shall
26 furnish a faithful performance bond to the City in the sum of five
27 thousand dollars ($5,000.000) .
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I D. The rubbish collector and/or garbage collector shall be
2 required to remove all rubbish and garbage to a point or points
3 designated by the Common Council.
4 E. The Mayor and Common Council may in their discretion
5 provide for the inclusion in the specifications and in the
6 contract or contracts of such other terms or conditions as they
7 may deem necessary or proper.
8 8.24.250. Fees for collection of garbage, rubbish,
9 recyclable discards, and greenwaste.
10 A. The accumulation of garbage and rubbish constitutes a
11 menace to the health, welfare and safety of the inhabitants of the
12 City, and an orderly and regular collection of garbage, rubbish,
13 recyclable discards, and greenwaste is necessary to meet the solid
14 waste reduction requirements of the California Integrated Waste
15 Management Act of 1989 and to prevent the spread of disease, the
16 creation of health menace and a fire hazard.
17 B. The Common Council hereby finds and determines that the
18 periodic collection of garbage, rubbish, recyclable discards, and
19 greenwaste (hereinafter sometimes referred to as "refuse" ) from
20 all residences in the City benefits all occupants of residences in
21 City, and therefore all occupants are made liable for the payment
22 to the City of such garbage, rubbish, recyclable discards, and
23 greenwaste collection fees as may be from time to time established
24 by resolution of the Mayor and Common Council.
25 C. All fees established by resolution of the Mayor and
26 Common Council for the collection and disposal of such refuse,
27 shall be collected by adding the same to the water bills rendered
28 ///
DAB:[Garbage.Ord] 20 July 21, 1994
MC-910
1 to customers of the San Bernardino Municipal Water Department
2 whenever it is possible to do so.
3 D. All moneys paid pursuant to the provisions of
4 subsection C of this section shall be applied to satisfy the debt
5 for the total amount of the billing rendered by the Water
6 Department including water, sewer and garbage, rubbish, recyclable
7 discards, and greenwaste and charges.
8 E. The fees for such refuse collection added to the water
9 bills shall be for the period covered by the bills, and shall be
10 payable at the same time and in the same manner as such bills.
11 F. For the purpose of subsection C and E of this section,
12 the "occupant" shall be the "owner"or his "authorized agent" as
13 determined by the rules and regulations of the Board of Water
14 Commissioners.
15 G. Whenever it is not practicable to add such refuse fees
16 to the water bills, the City Administrator shall cause bills to be
17 rendered for such fees. A deposit may be required of any occupant
18 whenever, in the opinion of the City Administrator, such deposit
19 is necessary to insure prompt and satisfactory payment of such
20 refuse fees. In the event that any occupant having to his credit
21 a deposit for the fees shall, for any reason, discontinue such
22 service, the deposit shall first be applied to pay for any such
23 refuse fees remaining unpaid and any remaining balances of the
24 fees remaining unpaid and any remaining balance of the deposit
25 shall be refunded.
26 H. Any fees imposed by this section shall be a civil debt
27 owing to the City from the occupant of the residence where such
28 refuse collection service is available. In the case of multiple
DAB:[Garbage.Ord] 21 July 21, 1994
MC-910
1 dwellings where the fees are not billed in accordance with
2 subsections C and F of this section, such charges shall be billed
3 to the landlord who shall collect the charges levied against the
4 occupants of the dwelling units located in the multiple dwellings
5 and shall transmit the amount so collected to the City. In the
6 event the landlord fails to collect any such charge from any
7 occupant, the landlord shall be liable to the City for the payment
8 of such charges.
9 I. The Mayor and Common Council shall provide by
10 resolution, from time to time, rates for the collection of such
11 refuse, and provide for the levy and collection of fees covering
12 such charges.
13 8.24.260. Extension or renewal of contract without inviting
14 bids.
15 Where a contract, as provided in this chapter, has been
16 entered into between the City and a contractor, as herein defined,
17 and the contractor has satisfactorily performed the contract, the
18 Mayor and Common Council, and without inviting bids or proposals
19 therefor, and without giving any notice of its intention to do so,
20 may, either prior or after the expiration of such contract, extend
21 or renew the same, for terms not exceeding five years each, upon
22 the same conditions and provisions, or such other conditions and
23 provisions, including the payment of moneys, as the Mayor and
24 Common Council shall provide.
25 8.24.270. No charges or fees to be exacted except as
26 provided in contract.
27 It is unlawful for any contractor to whom a contract shall
28 be awarded, as herein provided, to make or exact any charge or fee
OAB:[Garbage.Ord] 22 July 21, 1994
MC-910
1 for the collection or removal of any garbage, rubbish, recyclable
2 discards, or greenwaste save and except the charge or fee
3 specified in the contract, and the rate fixed by the contract
4 shall be the legal charge to be made.
5 8.24.280. Violation - Penalty.
6 Any persons, firm or corporation violating any provision of
7 this chapter is guilty of a misdemeanor , which upon conviction
8 thereof is punishable in accordance with the provisions of Section
9 1.12.010.
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DAB:[Garbage.Ord] 23 July 21, 1994
MC-910
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND
2 RUBBISH
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a regular meeting thereof, held on the 6th
6 day of September 1994, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE %
9 CURLIN %
10 HERNANDEZ %
11 OBERHELMAN %
12 DEVLIN %
13 POPE-LUDLAM X
14 MILLER X
15 �Z e
16 City r>lerk
18 The foregoing Ordinance is hereby approved this day
19 of September 1994.
20
Tom Minor,-Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25
26 By:
27
28
DAB:IOsrbeya.Ordl 24 July 21. 1994
a ,
Proof of Publication [ _
'94 SEP 19 Rf 1 :35
CITY CLERK' S OFFICE
SUMMARY OF
ORDINANCE U. MC-910
STATE OF CALIFORNIA, }Ss. AN ORDINANCE OF THE
City of San Bernardino
County of San Bernardino, me`San gBe nardino 2
Code relating to
The undersigned hereby certifies a follows: garb :a and rubbish.
Adot eptemb`r 61
"4
Effachve: 99
1 am a citizen of the United States, over the age of twenty-one years, and not■ vote:S: Council Members
party to nor interested in the above-entitled matter; I am the principal clerk of the NNagre�rhelmanHoevun-
printer of a newspaper,to wit, The Sur.;the same was at all times herein mentioned a NAYS None m, Miller.
newspaper of general circulation printed and published daily,including Sunday,in the ABSENT: None
City of San Bernardino, in the County of San Bernardino, State of California; said FULL TEXT OF THIS iI
newspaper is so published every day of the year as and under the name of The Sun,said AVAILABLE IN THE
newspaper has been adjudged a newspaper of general circulation by the Superior ocin CLERKS
Court of the State of California, in and for the County of San Bernardino,by a judg- TOM MINOR
ment Of Said Superior Court duly made, filed and entered on June 20, 1052, in the Mayor RACHEL CLARK
records and files of said Superior Court in that certain proceeding entitled In the Mat- summa v approved by:
ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- DENNIS A. BARLOW .
SeA�r�Assistant City
culetlon, numbered 73084 in the records of civil proceedings in said Superior Court 9n4 tMl 2423
and by judgment modifying the same,also made,filed and entered in Aid proceeding;
the notice or other process or document hereinafter mentioned was Set, printed and
published in type not smaller than nonpareil and was preceded with words printed in
black face type not smaller than nonpareil describing and expressing in general terms
the purport or character of the notice intended to be given; and the
SUMMARY OF ORDINANCE. . . . . . . . . . . . . . . .. . . . ... .... . . . ...
MC-910 GARBAGE/RUBBISH
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ... . . . ... . . .. . . . ..
of which the annexed is a true printed copy,was published in each edition and issue of
said newspaper of general circulation, and not in any supplement thereof,on each of
the following dates, to wit:
SEPTEMBER 14 1994
I certify under penalty of perjury that the foregoing is true and correct.
_ . . . . . Iii . . . . . . . , ... .
Executed on the . . . 15. . . day of . . . •S E P T E M 9 E R.. . . . . .. 19 9.4 at
San Bernardino, in said County and State.
0502,41111
o
SUMMARY OF ORDINANCE NO. MC-910
An Ordinance of the City of San Bernardino amending Chapter 8.24 of the San Bernardino
Municipal Code relating to garbage and rubbish.
Adopted: September 6, 1994
Effective: October 7, 1994
Vote: AYES: Council Members Negrete, Curtin, Hernandez, Oberhelman,
Devlin, Pope-Ludlam, Miller.
NAYS: None.
ABSENT: None.
FULL TEXT OF THIS ORDINANCE IS AVAILABLE
IN THE OFFICE OF THE CITY CLERK
TOM MINOR RACHEL CLARK
Mayor City Clerk
Summary approved by: e�'"i7�7
Ja�� sat,-€��tttor�
Dennis A. Barlow, Senior Assistant City Attorney
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RM) PROGRAM
DATE: August 24, 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
NL-kYOR AND CONI ION COUNCIL
ORDINANCE MC- 910
NOTICE OF:
Missing Document.
Exhibit/Attachment.
Bad Oualitv Orieinal.
Document.
Map.
Rand Written Original.
Signature Missine:
Ordin
✓✓✓✓✓✓//////Legal Advertisement - Proof Of Publication - Bad Oualitv.
The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of
newsprint paper when scanned is poor and its legibility is impaired. The full text of the Ordinance
Summary as approved by the City Attorney is included for reference, and was published to pursuant
to the San Bernardino Charier.
Ordinance Summary Not Attached.
Legal Advertisement - Proof of Publication - Not Attached
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records
management staff, or the Administrative Operations Supervisor (909) 384-5002.
Rachel Clark
City Clerk
RC:mam