Loading...
HomeMy WebLinkAbout23-Animal Control CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION - 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 ''':''""", Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Ordinance Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: OJ /fl}Dro '"",--. Agenda Item No. d- ~ .- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION - 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. - 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. "_.. ,.-.-. '- .....,.... _. 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 1 2 3 4 5 6 7 8 9 THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOllOWS: 10 Section 1. Chapter 8.21 of the San Bernardino Municipal Code is hereby repealed. 11 12 Section 2. Chapter 8.24 of the San Bernardino Municipal Code is hereby repealed and replaced with the following: 13 ,4 15 ,6 8.24.010 8.24.020 8.24.030 17 18 19 8.24.040 8.24.050 8.24.060 8.24.070 8.24.080 20 21 22 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. 23 24 , 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. 25 7l0. i.3 9ft g loft ;26 _. 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 11 8.24.250 12 8.24.260 8.24.270 13 8.24.280 14 8.24.290 8.24.300 15 16 8.24.010 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. 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. 2 - ''''- ,,- A. 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 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. 2 3 4 8.24.020 Purpose and objectives. 5 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. 6 7 8 9 8.24.030 Authority of Director of Public Services to make rules and regulations. 10 11 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. 12 13 14 15 16 8.24.040 Applicability. J7 18 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. 19 20 21 8.24.050 Exclusive jurisdiction. 22 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 3 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. '- 1 2 3 4 5 6 7 B. 8 9 10 C. '- 11 12 13 D. 14 15 16 E. 17 18 19 8.24.060 20 21 22 23 ....... 24 25 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. 4 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. '- "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. .........' "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. - '- "Deposit" means to place any item or items without immediately picking up that item, or those items, and carrying the item or items away. 5 - '- 'I "- 1 J. 2 3 K. 4 5 L. 6 7 M 8 9 10 11 12 13 14 15 16 N. 17 18 19 o. 20 21 22 23 0, L; 0- LO 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. "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 6 ,-. 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 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. - "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. - "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 '"'" 7 - - 1 2 3 U. 4 5 V. 6 7 8 9 10 - W. 11 12 X. 13 14 Y. 15 16 17 18 8.24.070 19 A. 20 21 22 - 23 ........ 24 2S 26 00 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. . 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 8 - ---- --- 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. - ~ 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, 9 - '''"--, 1 2 3 4 5 D. 6 7 8 9 10 11 E. 12 13 14 15 16 17 18 19 20 21 F. 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. 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. 10 - "--- 9 10 A. ",,--,- 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 G. Damage to or removal of receptacles. 2 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. 3 4 8.24.080 Only Collector to remove refuse, recyclable discards or green waste 5 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. 6 7 8 8.24.090 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. 15 8.24.100 Receptacles - Duty of City to provide. 16 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 -- 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. 2 3 4 5 6 7 8 9 10 ........." 11 12 03 14 15 16 17 18 19 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. 20 III 21 22 /1/ -- 23 /1/ '- 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 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: 4 ESTRADA 5 6 BAXTER 7 VACANT 8 DERRY 9 KELLEY 10 "- JOHNSON 11 12 MC CAMMACK 13 14 ABSTAIN ABSENT Rachel Clark, City Clerk 15 The foregoing Ordinance is hereby approved this ---'-- day of ,2006, 16 17 18 19 Approved as to form: 20 JAMES F. PENMAN 21 City Attorney 00 If: .L - 23 --.. 24 -c "" 26 24 PATRICK J, MORRIS, Mayor' City of San Bernardino