HomeMy Public PortalAbout78-447 ORDINANCE NO. 78-447
AN ORDINANCE OF THE CITY OF CARSON
REGULATING SOLID WASTE COLLECTION
' AND AMENDING THE CARSON MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 2, Title V of the Carson
Municipal Code is amended to read as follows:
CHAPTER 2 - SOLID WASTE COLLECTION
Part I - Definitions
5201. Definitions . The following words and
phrases, for the purposes of this Chapter , are defined and
shall be construed as hereunder set out:
(a) Administrator . "Administrator" shall mean
the City Administrator of City or his designee.
(b) Collection. "Collection" shall mean the
operation of gathering together within the City and/or
transporting by means of a motor vehicle any classification
of solid waste.
(c) Collector . "Collector" shall mean any person
who has been issued a permit pursuant to this Chapter to
provide solid waste collection services in the City.
(d ) Commercial Collector. "Commercial collector"
means a collector providing solid waste collection services to
commercial and industrial premises, including construction
and/or demolition sites.
(e) Commercial Premises. "Commercial premises"
shall mean any property occupied for or devoted to a
use permitted in the CN, CR, and CG zones pursuant to the
provisions of Article IX of the Carson Municipal Code, and
mobile home parks, rental housing projects, apartment
houses, and other multiple dwelling ,uses containing five (5 )
or more dwelling units.
(f) Container . "Container" shall mean any
vessel, tank, receptacle, box or bin used or intended to be
used for the purpose of holding solid waste for collection.
' (g) Disposal. "Disposal" means the complete
operation of treating and/or disposing of solid waste after
the collection thereof.
( i) Garbage. "Garbage" shall mean all discarded
food, small dead animals, and animal and vegetable waste not
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fit for human consumption resulting from the preparation of
food. Garbage shall not include market refuse or rendering
waste.
( i) Industrial Premises. "Industrial
premises" shall mean any property occupied or used for any
purpose (other than residential or commercial uses) author-
ized or permitted in the ML, MH or Special Use
Zones under the provisions of Article IX of the Carson
Municipal Code.
( j ) Manure. "Manure" shall mean the waste
droppings from any animal not disposed of through sewers.
(k ) Market Refuse . "Market Refuse" shall mean
vegetable or animal waste resulting from the preparation of
vegetables, fruit or meat in markets or packing houses for
public sale.
(1) Miscellaneous Debris. "Miscellaneous debris"
shall mean any and all trash, rubbish, debris or other
abandoned or discarded material not otherwise defined as
rubbish, garbage, market refuse, rendering waste, or manure.
(m) Person. "Person" shall mean any individual,
firm, co-partnership, corporation, or any other group or
combination thereof acting as a unit.
(n) Public Agency. "Public Agency" shall mean
any governmental agency or department thereof, whether
' federal, state, or local.
(o) Residential Collector . "Residential Collec-
tor" means the exclusive collector who collects solid waste
from residential premises.
(p) Residential Householder . "Residential
householder" shall mean any person holding and occupying
residential premises, whether or not the owner , singly or
with his or her family, within the city limits of the City,
as such city limits now exist or may hereafter exist by
virtue of the annexation of territory to the present limits
of the City.
(q) Residential Owner . "Residential owner" shall
mean the owner of any residential premises in the City.
(r ) Residential Premises. "Residential premises"
shall mean any residential property in the City except
rental housing projects, condominiums, apartment houses or
other residential housing with four or more dwelling
units where the contract for the collection of solid waste
for all units within such projects, condominiums, apartment
house or other residential housing is between the Contractor
and a single contracting entity on behalf of all occupants
of such units.
(s) Rendering Waste. "Rendering waste" shall
mean dead animals, hides, fat, or bones of animals, grease,
meat scraps, and other similar materials being collected or
transported to a rendering plant for processing.
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` (t) Rubbish. "Rubbish" shall mean the following
items: all waste and refuse capable of burning readily,
including tree trimmings, lawn trimmings, plants or flowers
garden waste, wood, paper , straw, packing materials, leather ,
rubber, clothing, bedding, books, magazines, newspapers,
' rags and all other similar articles which will burn by
contact with flames of ordinary temperature; and ashes, tin
cans and bottles, glass, crockery, china, pottery, metal
wire and other similar materials which are rejected by the
owner or producer thereof as worthless or useless.
(u) Sheriff. "Sheriff" shall mean the Sheriff of
the County of Los Angeles or his designee.
(v) Solid Waste. "Solid waste" shall mean
rubbish, garbage, market refuse, rendering waste, manure,
miscellaneous debris, or any combination thereof.
(w) Transportation. "Transportation" shall mean
the process of moving through the City solid waste by means
of a motor vehicle from a point of collection outside the
City to another location, either within the City or outside
the City.
(x) Waste Disposal Facility. "Waste disposal
facility" shall mean any landfill, transfer station,
incinerator, land reclamation project, or other similar site
of facility which is used or intended to be used for the
transfer, consolidation, processing or disposal of solid
waste.
Part II - Permits.
5210 . Permit Requirement. After January 1, 1979 ,
no person may collect solid waste in the City without having
first obtained a solid waste collector permit therefor from
the City. This permit shall be in addition to any business
license or permit otherwise required by this Code.
5211. Permit Applications . Applications for
solid waste collector permits shall be made on forms provided
by the City. The application shall require the following
information:
(a) Name and address of applicant.
(b) Business address, and addresses where all
vehicles will be kept, and the zone classification of such
location( s) .
(c) Form of organization such as proprietorship,
partnership, joint venture, or corporation, and the names
and home addresses of owners and officers and their percentage
of ownership, if greater than five percent.
(d) A description of each vehicle and other
equipment that the applicant owns or has under its control ,
including the age and mechanical conditions of each vehicle,
a statement as to whether said vehicle is self-loading ,
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leakproof, meets the requirements contained in Part III
hereof, the service in which each vehicle shall be placed,
and evidence that the applicant owns or has the right to the
use of said vehicles.
(e) Any additional facts which demonstrate that
the applicant is able to render workmanlike and efficient
service.
(f) The classification of property to be serviced
by the applicant and the classification of solid waste to be
collected by the applicant.
(g) Any other information requested by the
Administrator.
5212. Permit Fees. Each collector shall pay a
yearly fee in the amount of $75 per vehicle to be utilized
in the City. The fee shall be pro-rated for a partial
term.
5213 . Permit Term. All permits shall be issued
on a calendar year basis.
5214. Transfer of Permit. A permit issued under
this Chapter shall not be transferred to another person
without the written approval of the Administrator .
5215. Standards for Granting Permits. The
' Administrator may grant a permit where the information
submitted by the applicant demonstrates the following:
(a) That the applicant meets all the requirements
of the Carson Municipal Code and all other applicable
statutes, laws, and ordinances of any public agency.
(b) That the past performance of the applicant,
either in Carson or any other jurisdiction, demonstrates
that issuance of the permit will not be materially detri-
mental to the public health, safety, or general welfare.
(c) That there is a need for the level and type
of proposed service.
5216 . Applications Deemed Denied. If the Adminis-
trator fails to act on an application for any permit within
60 days from the receipt of said application, the application
will be deemed denied.
5217 . Permit Renewals. Applications for the
renewal of a permit shall be on the same form as original
applications. The Administrator may deny the renewal of a
permit if the past performance of the permittee has failed
to meet the requirements of this ordinance, if the permittee
fails to provide all of the required information, or if the
Administrator cannot make the findings provided under
Section 5215. The annual fee shall be increased by 25
percent if a collector fails to apply for renewal at least
30 days prior to expiration of an existing permit.
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5218 . Revocation of Permits. After a hearing as
provided for in this article, the Administrator may revoke
or suspend any permit if the permittee has violated a
provision of this Chapter or any other applicable law,
ordinance, or regulation of any public agency.
5219 . Interim Suspension. The Adminis-
trator, without a hearing, may suspend a permit for not more
than 60 days, if the Administrator finds that continued
operation by the permittee will constitute a threat to the
public health, safety, or general welfare.
5220 . Notice of Hearing of Revocation of Permit.
The Administrator shall mail notice of the hearing to revoke
a permit to the collector not less than 15 days prior to
such hearing.
5221. Denial or Revocation. In the event of the
denial of a permit application, the revocation of a permit, or
the denial of an application for the renewal of a permit,
the Administrator shall notify the applicant in writing of
the reasons therefor, unless the application is deemed
denied pursuant to Section 5216. Such notification may be
made in person or by mail .
5222. Appeals. Within fifteen ( 15 ) calendar days
after an application is deemed denied or within fifteen (15 )
days after notice by the Administrator of denial or revoca-
tion of a permit has been sent, the applicant or collector
may file with the City Clerk an appeal to the City Council.
5223. Council Action. The City Council may
either affirm the action of the Administrator , send the
matter back to the Administrator for further consideration,
or set the matter for hearing before itself. If the Council
sets the matter for hearing, it shall base its action upon
the standards delineated in Section 5215 in the case of an
appeal from the denial of an application for a permit or the
renewal of a permit, or Section 5218 in the case of an
appeal of the revocation of a permit. Notice of such
hearing shall be sent to the collector or applicant not less
than 15 days prior to the hearing.
Part III - Vehicles
5230. Permit Tags. No collector may operate any
vehicle for the collection of solid waste in the City unless
a tag has been affixed to the vehicle indicating that the
owner of the vehicle has a valid solid waste hauler permit
and that the fee for such vehicle has been paid. The
nature, design, and placement of such tags shall be as
specified by the Administrator. No such tag may be trans-
ferred from one vehicle to another without the written
approval of the Administrator .
5231. Vehicle Standards. Any vehicle utilized
for the collection, transportation or disposal of sold waste
in the City shall comply with the following standards:
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(a) Each vehicle shall be constructed and
used so that no solid waste, oil , grease, or other substance
will blow, fall or leak out of the vehicle.
(b) A broom and shovel shall be carried on each
' vehicle at all times.
(c) Each vehicle shall comply with all applicable
statutes, laws, or ordinances of any public agency.
(d ) Each vehicle must be under five ( 5 ) years of
age unless specifically authorized in writing by the
Administrator.
(e) Routine inspections by the California Highway
Patrol will be required annually and certificates for said
inspection shall be filed with the Administrator.
(f) All vehicles shall at all times be kept
clean and sanitary, in good repair and well and uniformly
painted to the satisfaction of the Administrator .
(g) Each vehicle shall be equipped with watertight
bodies fitted with close-fitting metal covers.
(h) The collector ' s name or firm name and
its telephone number shall be printed or painted in legible
letters not less than 5" in height on both sides and rear of
all of collector ' s vehicles used in the City.
( i) High intensity fog lamps are required on any
vehicle 80 inches or wider, which shall consist of two (2 )
red tail lamps in addition to standard tail lamps. The fog
lamps shall be used when visibility is less than 50 feet.
5232 . Violations . Should the Administrator give
notification at any time to a collector that any of such
collector ' s vehicles is not in compliance with the standards
of this Chapter, such vehicle shall be forthwith removed
from service by the collector and the permit tag removed.
The vehicle shall not again be utilized in the City nor
shall the permit tag be- replaced until it has been inspected
and approved by the Administrator . The collector shall
maintain its regular collection schedule regardless of such
action.
Part IV - Exclusions
5240. Individual ' s Exclusion. No provision of
this Chapter except Sections 5231 (a)-(c) , 5256 , 5260-2 , and
5265 shall apply to a residential householder or owner when
collecting and disposing of occasional loads of solid waste
generated from his or her own premises to a legal place of
disposal.
5241. Gardener ' s Exclusion. No provisions of
this Chapter except Sections 5231 (a)-(c) , 5256 , 5260-2 , and
5265 shall apply to a gardener, tree trimmer or similar
person when collecting grass cuttings, prunings, and other
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similar material not containing garbage as an incidental
portion of providing such gardening, tree trimming or
similar service.
' 5242. Construction or Demolition Exclusion. No
provision of this Chapter except 5231(d)- ( i) shall apply to
a person when collecting or disposing of rubbish resulting
from the construction or demolition of buildings or other
structures.
Part V - General Regulations.
5250 . Worker ' s Compensation Insurance. Each
collector shall at all times provide, at its own expense,
Workers' Compensation Insurance coverage for all employees.
Each collector shall file and maintain certificates with the
Administrator showing said insurance to be in full force and
effect at all times the collector shall have a permit issued
by the City.
5251. Collector ' s Liability Insurance. Each
collector shall furnish the City a policy or certificate
of comprehensive general and automobile liability insurance
insuring the collector in at least the following amounts:
Bodily Injury $250 , 000 each person
$500,000 each occurrence
' Property Damage $100, 000 each occurrence
5252. Noise. A collector shall so conduct its
operations as to offer the least possible obstruction and
inconvenience to public traffic or disruption to the peace
and quiet of the area within which collections are made.
Noise emitting from any collection shall not exceed the
limits provided in the Noise Element of the General Plan.
5253 . Office for Inquiries and Complaints.
(a) Residential Collector . The collector shall
maintain an office at some fixed location and shall maintain
a telephone at the office, listed in the Carson telephone
directory in the firm name by which it conducts business in
the City, and shall at all times during the hours between 8
a.m. and 5 p.m. of each weekday and between 9 a.m. and 12: 00
noon on Saturday, have some person at said office to answer
inquiries and receive complaints. The telephone number _
shall be a toll-free number from all portions of the City.
The collector shall maintain at the office a
written log of all complaints received. Such log shall
contain the date of complaint, the complainant' s name ,
address and telephone number , the nature of the complaint,
the action taken or the reason for nonaction, and the date
such action was taken. All inquiries and complaints
shall be promptly answered and dealt with to the satisfaction
of the City. Such log of complaints and other records
pertaining to solid waste collection and disposal shall be
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open to the inspection of the City at all reasonable
times. All inquiries and complaints shall be promptly
answered and dealt with to the satisfaction of the City.
(b) Commercial Collectors. Commercial collectors
' shall maintain an office at a fixed place and shall maintain
a telephone at the office listed in the Carson telephone
directory in the name under which it conducts business in
the City and shall at all times between the hours of 8 a.m.
and 5 p.m. of each week day, and between 9: 00 a.m. and 12
Noon on Saturday have some person at said office or maintain
personal answering service or recording device to answer the
telephone. The telephone need not be on a City exchange nor
must it be a toll free number.
5254. Hours of Collection. No collection within
a residential area shall be made between the hours of 6: 00
p.m. and 7: 00 a.m. the next day, provided, however, that the
Administrator may waive such requirement when necessitated
by conditions beyond the control of the collector . Commercial
collections may be made at any time except where the commer-
cial premises are adjacent to residential property, in which
case the collection may only be made during the hours
specified for residential collections.
5255. Litter . Any person who deposits or
causes to be deposited any solid waste on the public right-
of-way or private property shall immediately sweep up and
remove the same.
' 5256. Permits and Licenses. Each collector shall
obtain all applicable permits and licenses required by any
public agency.
5257. Yearly Report. After January 1, 1979,
every collector shall furnish an annual report to the
City detailing the quantity and nature of all solid waste
removed from the City.
5258. Resource Recovery . Every collector shall
attempt to improve its methods of collection, storage,
handling, processing and disposal of solid waste in order to
provide for solid waste recovery, reduction of solid waste ,
and re-cycling of solid waste.
Part VI - Containers
5260. Care of Containers. No person shall
throw containers from any vehicle to the ground, or in any
other way break or damage or roughly handle containers.
5261. Unauthorized Use of Containers. No person
other than the collector who provides collection services at
' the premises, or the owner or employee of the owner of the
container , or the person upon whose premises such container
is located shall remove any material from a solid waste
container.
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5262. Tampering with Containers. No person other
than the owner or occupant of the premises where a container
is located, or the collector who provides collection services
at the premises where the container is located shall tamper
with, injure, destroy, or remove any container or other
' equipment used for the storage of solid waste.
5263. Containers for Garbage, Market Refuse, and
Rendering Waste. Any container to be placed for collection
containing garbage, market refuse or rendering waste shall
have a tightly fitting cover. Said cover shall be used at
all times.
5264. Containers at Residential Premises. Every
person occupying or in possession of any residential
premises in the City shall provide sufficient containers as
to accommodate the amount of solid waste generated by the
premises. The containers shall be constructed of metal,
hard rubber, or plastic and shall be so constructed as not
to permit the contents thereof to sift or pass through any
opening therein other than the top. The containers shall
have a capacity of not more than forty-five (45) gallons and
shall weigh not more than sixty ( 60) pounds when placed for
collection. Heavy-duty plastic bags especially manufactured
for rubbish collection and trash compactor sacks may also be
used provided they are securely tied, not perforated or
split, and the bag and its contents do not weigh more than
sixty (60) pounds.
Any rubbish not susceptible to placement in a
container may be placed for collection at the same place and
time as the container if it is securely tied in bundles not
heavier than sixty (60) pounds, not more than four (4 ) feet
in length, nor more than eighteen (18 ) inches in diameter .
5265. Cardboard Boxes or Paper Bags. No cardboard
box or paper bag may be used as a container for solid
waste.
5266. Placement of Containers at Residential
Premises. In the case of residential premises , each container
or bundle shall be kept on the premises from which it is to
be collected except on the day designated for collection.
On the appropriate day the containers or bundles shall be
placed for collection on the curb in front of the premises
or on the curb at the side of the premises where the premises
are adjacent to more than one street. When the premises are
adjacent to a paved alley of sufficient width to allow easy
passage of collection vehicles, the containers or bundles
shall be placed within two ( 2) feet of the rear property
line of the premises and must be readily accessible for
collection from the alley. The contractor and homeowner may
agree, for an additional fee, or the Administration may
require under unique circumstances, for collection to be
' made from another location on the premises.
5267. Residential Refuse Containers - Time of
Placement. No residential householder shall place or permit
to be placed any solid waste or solid waste container at the
place of collection at the residential premises before 8
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a.m. of the day preceding the scheduled collection or leave
any such container- at the place of collection after 8 p.m.
on the day of collection or more than two hours after actual
collection, whichever is later.
' 5268 . Containers - Commercial and Industrial .
Every collector who rents, owns or controls any container ,
bin or other equipment used for the storage of commercial or
industrial solid waste shall:
(a) Place and maintain on the outside of such
container, bin or other equipment, in legible letters and
numerals not less than one inch in height said collector ' s
name or firm name, and telephone number, in a color contrast-
ing to the background of the container.
(b) At all times keep such containers and lids in
good, clean and sanitary condition to the satisfaction of
the City Administrator.
(c) Provide containers on casters of a size,
shape and construction approved by the Administrator for all
industrial property occupants utilizing contractor ' s
collection services.
(d) Provide suitable containers for
all commercial property occupants utilizing contractor ' s
collection service.
' 5269. Commercial Containers. The owner or
occupant of commercial or industrial premises where a
container is placed shall provide a clean, safe and sanitary
area for the storage thereof.
Part VII - Collection and Disposal of
Solid Waste from Residential Premises
5270. Franchise . The City Council will award
an exclusive franchise for the collection and disposal of
solid waste from residential premises in the City and no
person, other than the franchise holder , shall collect
and/or dispose of solid waste from residential premises in
the City other than as provided in this Chapter or the
franchise agreement.
5211. Mandatory Service. Each residential owner
shall pay the fees approved by the City Council for the
collection of solid waste from such residential premises as
may be owned by said owner .
5272. Status of Solid Waste. All solid waste
collected pursuant to an agreement or contract with the City
shall be and become the property of the collector from and
after the time of such collection.
5273. Weight Tickets - Contract Collector . The
exclusive residential collector shall provide the City with
copies of all weight tickets as the same are issued at the
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disposal site or transfer station and shall furnish a
monthly report to the Administrator of all refuse removed
from the City.
' 5274 . Frequency of Collection. The residential
collector shall collect and dispose of all solid waste
placed for collection in compliance with this Chapter from
each occupied residential premises at least once during each
calendar week and not more than six (6 ) days shall elapse
between one collection and the next unless the regular day
of collection falls on a holiday. Routes of collection
shall be so arranged that collection from any premises will
be made on the same day of each week. The residential
collector shall possess a sufficient number of vehicles
including spares to maintain the collection schedule at all
times.
When the collection day falls on January First,
Memorial Day, July Fourth, Labor Day, Thanksgiving Day, or
December Twenty-Fifth, the collector shall choose one of
the following options:
1. Collect on the holiday.
2. Collect one day prior to or one day after
the holiday, providing regular collection can be maintained
on the regularly scheduled days the remainder of the week.'
PASSED, APPROVED AND ADOPTED this 8th day of
August, 1978.
Kayor
ATTEST;
Cit yl Clerk
I, Helen S. Kawagoe, City Clerk of the City of Carson, California,
do hereby certify that the whole number of members of the City Council of said
City is five; that the foregoing ordinance, being Ordinance No. 78-447, passed
first reading on July 26, 1978, was duly and regularly adopted by the City
Council of said City at an adjourned regular meeting of said Council, duly held
on the 8th day of August, 1978, and that the same was so passed by the following
roll call vote:
AYES: Birdgers, Marbut, Calas and Yamamoto
NOES: None.
ABSENT: Smith
A 0"�7__ < Z4-2
ity Clerk, City of Ca son, California
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