HomeMy WebLinkAboutMC-1193
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Adopted:
Effective:
April 4, 2005
May 5, 2005
ORDINANCE NO. MC-1193
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.010 OFTHE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
DUMPING, AND SECTION 8.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE,
REGARDING DUMPING GARBAGE, RUBBISH, RECYCLABLE DISCARDS, OR
GREENWASTE ON ANOTHER'S PROPERTY.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
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ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code section 8.24.010 is now amended to read in
its entirety as follows:
"8.24.010 Definitions.
The following words, terms and phrases when used in this Chapter shall have the meaning
ascribed to them in this section. The singular number shall include the plural.
A. "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 Common Council, by resolution, designates as
byproducts.
B. "Deposit" means to place any item or items without immediately picking up that item, or
those items, and carrying the item or items away.
C. "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.
D. "Garbage" means and includes table refuse, swill, and offal, and every accumulation of
animal, vegetable and other matter that attends the preparation, consumption, decay or
dealing in or storage of 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 or stores. Articles and things not hereinbefore enumerated are not
included in the term "garbage": dead animals over five pounds in weight, dish orwaste water,
paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire
and sweepings and like materials.
E. "Garbage Collector" means an agent or employee of the City or employees thereof,
licensed by contract or permit, to collect and transport garbage in the City.
F. "Greenwaste" means grass cuttings, prunings, tree branches, leaves, wood, sawdust, and
other discarded plant material.
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KC-1193
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AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.24.010
OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
DUMPING, AND SECTION 8.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE,
REGARDING DUMPING GARBAGE, RUBBISH, RECYCLABLE DISCARDS, OR
GREENW ASTE ON ANOTHER'S PROPERTY.
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G. "Greenwaste Collector" means an agent or employee of the City or any person, firm or
corporation or association, or the agents or employees thereof, licensed by contract or permit,
to collect and transport greenwaste in the City.
H. "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, an inhabited residence. For the
purpose of this definition, a residence shall be presumed to be inhabited if water service is
being furnished thereto.
I. "Person" includes any individual, firm, co-partnership, corporation or association.
J. "Residence" means any and all dwelling units, as defined in the "Land Use Zoning
Ordinance" ofthe City of San Bernardino, and other building used for residential or dwelling
purposes.
K. "Rubbish" includes but is not limited to nonhazardous waste materials not included in the
terms "garbage," "byproducts," "recyclable discards," or "greenwaste," swill, earth, sand,
clay, gravel, loam, manure, or stone.
L. "Rubbish Collector" means an agent or employee of the City or any person, firm or
corporation or association, or the agents or employees thereof, licensed by contract or permit,
to collect and transport rubbish in the City.
M. "Recyclable discards" means paper, books, magazines, boxes, wrappers, various types of
plastic, metal, glass, packaging, textiles, household and business articles, appliances,
electronics, furniture, business fixtures, and tires and such materials as listed by the Director
of Public Services as recyclable discards. Recyclable discards shall be material designated
as recyclable by the Director of Public Services which, due to their nature, are discarded by
the producer thereof. Material included in the term "byproducts" may be included in
"recyclable discards" by virtue of being discarded for pickup by the City's recyclable
collector.
N. "Recyclable Collector" means an agent or employee of the City or any person, firm or
corporation or association, or the agents or employees thereof, licensed by contract orpermit,
to collect and transport recyclable discards in the City."
SECTION 2. San Bernardino Municipal Code section 8.24.080 is now amended to read in its
entirety as follows:
"8.24.080 Dumping garbage, rubbish, recyclable discards, or green waste on another's property
unlawful.
It is unlawful, except with the consent of the Mayor and Common Council, to collect, dump,
or deposit any garbage, rubbish, recyclable discards, or greenwaste upon any property located within
the City belonging to another either with or without the consent of the owner thereof, including but
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KC-1l93
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AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.24.010
OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
DUMPING, AND SECTION 8.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE,
REGARDING DUMPING GARBAGE, RUBBISH, RECYCLABLE DISCARDS, OR
GREENW ASTE ON ANOTHER'S PROPERTY.
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not limited to any property, public or private, any highway, off-ramp, street, sidewalk, curb, gutter,
or other property; and it is unlawful to establish or maintain a place for dumping garbage, rubbish,
recyclable discards, or greenwaste in the City, or to collect, receive, and dump any rubbish,
recyclable discards, or greenwaste on one's own property, save and except such rubbish as shall
reasonably accumulate upon such property in the reasonable and lawful use thereof, without the
consent of the Mayor and Common Council."
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I MC-1l93
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AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.24.010
OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
DUMPING, AND SECTION 8.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE,
REGARDING DUMPING GARBAGE, RUBBISH, RECYCLABLE DISCARDS, OR
GREENW ASTE ON ANOTHER'S PROPERTY.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
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7 4th day of April
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
I3 KELLEY
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JOHNSON
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MCCAMMACK
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,2005, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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The foregoing Ordinance is hereby approve
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,2005.
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23 Approved as to form
and legal content:
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JAMES F. PENMAN
25 City Attorney
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