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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 SLD14-22A Ordinance No. 78-447/Page 2 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. -2- SLD14-23A Ordinance No. 78-447/Page 8 ` (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 , -3- SLD14-24A Ordinance No. 78-447/Page 4 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. -4- SLD14-25A Ordinance No. 78-447/Page 5 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: -5- SLD14-26A Ordinance No. 78-447/Page 6 (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 -6- SLD14-27A Ordinance No. 78-447/Page 7 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 -7- SLD14-28A Ordinance No. 78-447/Page 8 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. -8- SLD14-29A Ordinance No. 78-447/Page 9 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 -9- SLD14-30A Ordinance No. 78-447/Page 10 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 -10- SLD14-20A Ordinance No. 78-447/Page 11 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 -11-