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HomeMy WebLinkAboutORD 123 1990 0321ORDINANCE NO. 123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK REPEALING ARTICLE 1, CHAPTER 4, DIVISION 2 OF THE MOORPARK MUNICIPAL CODE AND ADDING CHAPTER 10 TO TITLE 6 TO THE MOORPARK MUNICIPAL CODE PERTAINING TO THE REGULATION OF SOLID WASTE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article 1, Chapter 4, Division 2 of the Moorpark Municipal Code is hereby repealed. SECTION 2. Chapter 10 of Title 6 of the Moorpark Municipal Code is added to read "CHAPTER 10 - REGULATION OF SOLID WASTE Section 6.10.010 - Purpose. The purpose of this chapter is to provide for the collection and transportation of Solid Waste to a City - designated Disposal Site. The City has determined that public health and safety require the collection, transportation, and disposal of Solid Waste to be controlled and regulated by the City through the system provided in this chapter. Section 6.10.020 - Definitions. a) "Bin" shall mean a Solid Waste container satisfying the requirements of Section 6.10.040(c). b) "City" shall mean the City of Moorpark. c) "City Manager" shall mean the City Manager, of the City of Moorpark. d) "Commercial Collector" shall mean any person, corporation, association, partnership, business, or any individual, group or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to collect, transport and dispose of Solid Waste from sources within the City for a Commercial Cus•r.omer. e) "Commercial Customer" shall mean any person, corporation, association, partnership, business, or any individual, group or combination acting as a unit, other than as an employee, using a Bin or Drop Box for Solid Waste accumulations, conducting a business within a commercial or industrial zone, or operating an apartment, condominium, townhome complex, school, or mobile home park within any zone. For purposes of this chapter, an apartment, condominium, or townhome complex shall contain four (4) units. f) "Disposal Site" shall mean any Recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where Solid Waste may be taken for intermediate processing or final disposal. g) "Drop Box" shall mean a Solid Waste container satisfying the requirements of Section 6.10.040(d). h) "Drop Box Transporter" shall mean any person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to transport and dispose of Solid Waste from sources within the City for Customers. i) "Hazardous Materials" shall mean any material defined as hazardous in the State Health and Safety Code, as may be amended from time to time; a waste that is hazardous according to the criteria set forth in the California Code of Regulations, as may be amended from time to time or any waste that must be disposed of in a hazardous waste landfill. j) "Receptacle" shall mean a Solid Waste container satisfying the requirements of Section 6.10.040(b). k) "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the marketplace. 1) "Residential Collector" shall mean any person, corporation, association, partnership, business or any individual, group, or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to collect, transport and dispose of Solid Waste from sources within the City for a Residential Customer. m) "Residential Customer" shall mean any non - Commercial Customer. -2- n) "Solid Waste" shall include all putrescible and non- putrescible waste, including, but not limited to, animal feces, food waste, waste paper, newspaper, glass, aluminum, plastic, garbage, cardboard, rags, refuse, household ashes, lawn clippings, tree and shrubbery trimmings, leaves, wearing apparel, household goods, wooden containers, and all worthless, useless, unused, rejected, or cast -off solid or semi -solid matter and commercial and construction waste, such as cement and asphalt, excluding Hazardous Materials as defined in this chapter and dead animals. Section 6.10.030 - Solid Waste accumulations. a) No Commercial or Residential Customer shall accumulate, keep or deposit Solid Waste upon any lot or parcel of land, whether public or private, other than in Bins, Drop Boxes or Receptacles and in accordance with Sections 6.10.040 and 6.10.050. b) No Commercial or Residential Customer owning, occupying, or having the control of any premises or vacant lot or any person occupying a dwelling within the City shall permit any Solid Waste to become or remain offensive, unsightly, or unsafe to the public health or safety or to deposit, keep, or accumulate, or permit or cause any Solid Waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land or upon any public or private place, street, lane, alley or driveway, except as allowed by this chapter. c) No Commercial or Residential Customer shall place or cause to be placed any Solid Waste generated upon any property or by any residential, commercial or industrial use into any Receptacle, Drop Box or Bin other than those owned or controlled by such person, unless permission for such use is granted by the Commercial or Residential Customer owning or controlling the Receptacle, Bin or Drop Box. d) No Commercial or Residential Customer owning, occupying or having control of any premises shall set out or cause to be set out for collection any Solid Waste other than that originating on the premises. e) No Commercial or Residential Customer shall dispose of Solid Waste in or near litter receptacles placed by the City in public places for incidential use by pedestrian or vehicular traffic. f) No Commercial or Residential Customer shall accumulate, keep or deposit Solid Waste in such a manner that a public nuisance is created, including, but not limited to, allowing flies, mosquitos, or rodents to breed therein. -3— Section 6.10.040 - Solid Waste Containers. a) Solid Waste shall be kept free of all Hazardous Materials and shall be securely wrapped with paper or plastic and placed in a closed Receptacle, Bin or Drop Box. b) Receptacles shall be made of metal or plastic if barrels, or plastic if bags, and of sufficient strength to prevent them from being broken under ordinary conditions. They shall have a maximum capacity of forty -five (45) gallons, unless issued by the collector, in which case they may have a maximum capacity of fifty-five (55) gallons, and shall not exceed sixty -five (65) pounds when filled. Receptacles shall be equipped with a vermin and animal resistant cover or seal which shall be utilized at all times and side handles if metal or plastic barrels. Receptacles shall be in a condition such that their contents can be fully enclosed and such that they shall stand upright and leave no sharp, jagged or otherwise dangerous corners or edges. c) Bins shall possess a fire resistant lid, which shall be utilized at all times, the top of which shall not exceed (60) inches in height from the surface to the ground. They shall have a capacity of at least one and one -half (1 112) cubic yards but not more than six (6) cubic yards. Bins shall be constructed of metal or other material as approved by the City. All Bins must be rented or purchased from the City or a Commercial Collector. d) Drop Boxes shall have a capacity of at least ten (10) cubic yards. They shall be constructed of metal or other material as approved by the City. All Drop Boxes must be rented or purchased from the City or a Commercial Collector. e) Receptacles, Drop Boxes and Bins shall be maintained in a clean, safe and sanitary condition. Section 6.10.050 - Placement of Containers_ a) Any Receptacle, Bin or Drop Box shall be placed for collection on any sidewalk, street, roadway or alley only as provided in this chapter. b) Any Receptacle or Bin shell be placed for collection along any street, roadway or alley only on the day established for the collection of Solid Waste on the particular route or after 5:30 p.m. on the day immediately prior to such collection, and shall not remain thereon for more than eighteen (18) hours after it has been emptied. c) Any Receptacle placed for collection along a street or roadway shall be placed between the curb line and the property line as close to the curb line or edge of the street or roadway as practicable. -rl- d) Any Receptacle, Bin or Drop box placed for collection in any alley shall be placed as close to the property line as practicable. e) Any Bin or Drop Box placed in any street, roadway or alley shall require an encroachment permit from the City pursuant to the Moorpark Municipal Code. Section 6.10.060 - Interference with Solid Waste. No person other than a Residential or Commercial Collector, Drop Box Transporter or Customer shall interfere in any manner with any Receptacle, Bin or Drop Box or the contents thereof, nor remove any such Receptacle, Bin or Drop Box from the location where it was placed by the Collector, Transporter or Customer, nor remove the contents of any Receptacle, Bin or Drop Box. Section 6.10.070 - Contract-, and _Payment for Solid Waste Collection Service. a) All Residential and Commercial Customers in the City shall contract with the City or its agent for the weekly removal of Solid Waste from their property. b) The City or its agent is authorized to charge Residential and Commercial Customers a fee for the collection and transportation of Solid Waste, subject to the approval by the City Council of the fee. The failure of any Customer to promptly remit the service charge when due and payable shall entitle the City or its agent to collect a late fee from that Customer. The level of late fees shall be approved by the City Council. The maximum amount. of Solid Waste to be collected at any one time from Residential Customers without any additional charge shall be determined by the City. Customers shall be charged extra for all Solid Waste in excess of the above limits on any given collection day. Section 6.10.080 - Solid Waste Collection. No person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee shall collect, or enter into an agreement to collect, or provide for the collection or disposal of Solid Waste, unless such person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee, making or providing for the collection or disposal is authorized by the City to operate within the 'City by means of a license, franchise, contract, operations agreement or otherwise. -;._ Section 6.10.090 - Franchises for Solid Waste Collection. The City reserves the right to grant an exclusive or non - exclusive license, franchise, contract, operations agreement or otherwise for the collection and transportation of Solid Waste from sources within the City under such terms and conditions as are contained in this chapter and as may be prescribed by the City Council. The City may require monetary compensation from Collectors and Transporters, in exchange for the license, franchise, contract, operations agreement or otherwise. A written agreement between the City and the Collector or Transporter shall be required when the City exercises its right to license, franchise, or otherwise contract for the collection and transportation of Solid Waste. Section 6.10.100- Collection and_Transportation Times and Days. a) No Residential Collector or Drop Box Transporter shall collect Solid Waste in the City or pick up or deliver Drop Boxes except between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, nor at any time on Saturdays or Sundays except as provided in Section 6.10.100(d). b) No Commercial Collector shall collect Solid Waste in the City except between the hours of 6:00 a.m,. and 6:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 3:00 p.m. on Saturdays, nor at any time on Sundays except as provided in Section 6.10.100(d). c) No Residential or Commercial Collector or Drop Box Transporter shall collect or transport Solid Waste within 200 feet of a public or private elementary, junior high, or high school during the one -half (2) hour before the commencement of the regular school day and one -half (2) hour following the conclusion of the regular school day. It shall be the responsibility of the Collector or Transporter to ascertain the various starting and ending times for schools in the City. d) Whenever a holiday recognized by the City or any Disposal Site falls upon a regularly scheduled collection day, the collections scheduled for that day, and for the remainder of the week, may be picked up one day later than scheduled. The Collector or Transporter shall provide the City with at least ten (10) days prior written notice of the collection schedule for each applicable holiday and the Collector shall place advertisements in one (1) daily newspaper serving the City notifying Customers of the same. Customers shall also be notified of any change to the regular schedule by the Collector or Transporter on the last bill prior to the holiday. Section 6.10.110 - Solid Waste Di_spo_sal_. a) The City shall approve where Solid Waste generated in the City is transported for disposal. No Collector or Transporter shall dispose of Solid Waste at a Disposal Site owned or controlled by the Collector or Transporter or its parent or holding company unless expressly granted by the City. _6__ b) No person, including a Collector or Transporter, shall burn any Solid Waste within the City at any time, except as otherwise permitted by law. c) No person, including a Collector or Transporter, shall bury or dump any Solid Waste within the City, except at a designated Disposal Site and then only in accordance with the rules and regulations governing the use of such Disposal Site. d) No Residential Collector shall provide less than weekly collection of Solid Waste from all Residential Customers in the City when such Solid Waste is properly placed for collection on the day of collection. e) No Commercial Collector or Drop Box Transporter shall fail to collect Solid Waste accumulated by each Commercial Customer as many times as requested by the Commercial Customer or once each week, whichever is more frequent. f) No Residential Collector collecting or transporting Solid Waste within the City shall create noise levels in excess of 65 decibels. No Commercial Collector or Drop Box Transporter collecting or transporting Solid Waste within the City shall create noise levels in excess of 70 decibels. g) No Collector or Transporter shall fail to maintain Bins and Drop Boxes other than in good repair." SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of -the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 21st day of March , 1990. Lillian E. Kell man City Clerk ADM. 901311 Paul W. Lw4ra son, Jr. Mayor -8- AUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 123 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of March following vote: , 1990, and that the same was adopted by the AYES: COUNCILMEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 26th day of March , 1990. 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864