Loading...
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 DAB:[Garbage.Ord] 1 July 21, 1994 MC-910 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 DA : [Garbage.0rd] 2 July 21, 1994 MC-910 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, DAB:[Garbage.Grd] 3 July 21, 1994 MC-910 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. 28 /// DAB: [Garbage.Ord] 4 duly 21, 1994 MC-910 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 DAB: [Garbage.Ord] 5 July 21, 1994 MC-910 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 28 /// DAB:[Garbage.Ord] 6 July 21, 1994 MC-910 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 DAB: [Garbage.Ord] 7 July 21, 1994 MC-910 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 DAB:[Garbage.Ord] 8 July 21. 1994 MC-910 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. 28 /// DAB:[Garbage.Ord] 9 July 21, 1994 MC-910 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 DAB:[Garbage.Ord] 10 July 21, 1994 MC-910 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 DM:[Garbage.Ord] 11 July 21, 1994 MC-910 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 DAB:[Garbage.Ord] 12 July 25, 1994 MC-910 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 DAB:[Garbage.Ord] 13 July 25, 1994 MC-910 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 DAB: [Garbage.Ord] 14 July 21. 1994 MC-910 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 DAB:[Garbage.Ord] 15 July 21, 1994 MC-910 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. DAB: [Garbage.Ord] 16 July 21, 1994 MC-910 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 DAB:[Garbage.Ord] 17 July 21, 1994 MC-910 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 28 /// DM:[Garbage.Ord] 18 July 21, 1994 MC-910 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) . 28 /// DAB:[Garbege.Ord] 19 July 21, 1994 MC-910 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