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CITY OF SAN BERNARDINO -
REQUEST FOR COUNCIL ~}jlNA L
From: JAMES F. PENMAN
City Attorney
Subject: AN ORDINANCE OF THE
CITY OF SAN BERNARDINO
AMENDING SECTION 8.24.010,
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.
Dept: CITY ATTORNEY
Date: March 16,2005
Synopsis of Previous Council Action:
Ord. MC-910, 9-6-94; Ord 2485(part), 1967; Ord. 196891,1943; Ord. 1691, 1943.
Approved by Legislative Review Committee on March 8, 2005.
Recommended motion:
That said ordinance be laid over for final adoption.
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Contact person: Michael Reiter
Phone:
5355
Supporting data attached:
FUNDING REQUIREMENTS:
Staff Reoort Ward:
Amount: None at this time.
Source:
All
Finance:
counc~etll:f 3
Agenda
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STAFF REPORT
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: March 16, 2005
AGENDA: March 21, 2005
RE: An Ordinance Amending San Bernardino Municipal Code Section 8.24.010
Regarding Dumping, and Section 8.24.080 Regarding Dumping, Garbage,
Rubbish, Recyclable Discards, or Greenwaste on Another's Property.
This ordinance, and a companion ordinance amending Chapter 8.15, will harmonize the
definition of "garbage" between the closely linked dumping and littering chapters.
This ordinance will also alphabetize the definitions in Section 8.24.010, add a definition
of "deposit" and "dump," and increase the areas where dumping is prohibited.
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ORDINANCE NOCOPY
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.010 OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
3 DUMPING, AND SECTION 8.24.080 OF THE SAN BERNARDINO MUNICIPAL CODE,
REGARDING DUMPING GARBAGE, RUBBISH, RECYCLABLE DISCARDS, OR
4 GREENW ASTE ON ANOTHER'S PROPERTY.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION I. San Bernardino Municipal Code section 8.24.010 is now amended to read in
its entirety as follows:
8 "8.24.010 Definitions.
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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:
I. 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 prep<iration, 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 or waste water,
paper and other combustible or int1ammable 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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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.24.010
OF THE SAN BERi"lARDlNO MVNICIPAL CODE, DEFINITIONS REGARDING
DVMPING, 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, finn or
corporation or association, or the agents or employees thereof, licensed by contract or pernlit,
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" of the City of San Bernardino, and other building used forresidential or dwelling
purposes.
K. "Rubbish" includes but is not limited to nonhazardous waste materials not included in the
tenns "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 or pernlit,
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, orgreenwaste on another's property
unlawful.
It is unlawful, except with the consent of the Mayor and Common Council, to collect, dump,
ordeposit 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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MR/lbm[A.\8.24 010 definitions fillal....pd]
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AN ORDINANCE OFTHE CITY OFSAN BERNARDINO AMENDING SECTION 8.24.010
OF THE SAN BER."IARDINO 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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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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MR/,bm [A\8 24.010 Jcfinillons,final "''PdJ
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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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Common Council of the City of San Bernardino at a
meeting thereof, held on the
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7 _ day of
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
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JOHNSON
15
MCCAMMACK
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, 2005, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2005.
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23 Approved as to fonn
and legal content:
24
JAMES F. PENMAN
25 City Attorney
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JUDITH V ALLES, Mayor
City of San Bernardino
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: t./- tf-. tJ -S Item No. 2?'
Resolution/Ordinance No. Me -/('13 Ordinance Urgency: Yes 'CNV,
Effective Date: .s -5-0::;- TenninationlSunset Date: ~
/-7
Abstain: ~
Date Sent to Mayor: Ih.-, ~ f t/--s:: -OS
Date of Mayor's Signature: t./-7-oS
Date Summary Sent to Attorney: Y&tJ::;-
0.. ""'1""'" Ff!!!... -oS
Meeting Type: . '/Z-c~
Continued FromIT Item No.
Vote:
Ayes:
Nays:
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Absent:
t.(-7-oS:-
t./-7-0S
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
c.f-II- O.s.-
Date Seal Impressed:
Exhibits Complete & Attached to Resolutio
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent
Request for Council Action & Staff Report Attached: Yes
Notes: 1f~.J;~ /dL-- ~ 7-0S
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Date Sent for Signature:
Expiration Date:
Copies Distribu
No
Ready to File:
Date:
DOCUMfNT lOCATlON:
KJIII:MSIA.-..... T..... Fomt.cc FofIII No. 111.LaII UIldIIId: 1210411"'