Ordinance Number 567ORDINANCE NO. 567 282
AMENDMENT TO TITLE 6 OF THE MUNICIPAL CODE -
MUNICIPAL REFUSE COLLECTION LAW
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 3 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE ENTITLED "GARBAGE,
REFUSE, RUBBISH, AND WASTE," OF TITLE 6
ENTITLED "SANITATION AND HEALTH" (MUNICIPAL
REFUSE COLLECTION LAW)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
Chapter 3 of the San Juan Capistrano Municipal Code
entitled "Garbage, Refuse, Rubbish and Waste" of Title 6 entitled
"Sanitation and Health," is hereby amended in its entirety to
read as follows:
"Section 6-3.01. Title.
"This Chapter shall be known and may be cited as
the 'Municipal Refuse Collection Law of the City
of San Juan Capistrano.'
"Section 6-3.02. Authorization to Collect Rubbish.
"The City may enter into a contract providing for
the collection, conveyance and disposal of all
waste accumulated in the City for a period of time
set forth in the contract.
"The contractor shall have the sole and exclusive
right, except as otherwise provided in this
Chapter, to collect all refuse, garbage and
rubbish in this City and transport the same
through the streets and public ways of the City.
"It shall be unlawful for any person other than the
persons in the employ of the contractor having
such contract, to collect or transport waste
within the City for hire.
"Section 6-3.03. Liability Insurance and Bond
Requirements.
"Contractor shall provide both a surety bond and
liability insurance protection in an amount to be
agreed upon in the contract, and also acceptable
to the office of the City Attorney.
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28:1 " "Section 6-3.04. Collection Rates.
"(a) Rate Structure. The collection rates
for the collection and transport of garbage
shall be as set forth in the schedule of
rates and charges which shall be mutually
agreed upon by the City and the contractor in
the contract.
"(b) Rate Increases. Annual rate increases
may be granted as set forth in the contract
between the City and the contractor. In the
event of an annual increase, the Director of
Public Works shall annually publish a revised
schedule of rates and charges for collection
service.
"Section 6-3.05. Collection Supervision.
"All waste accumulated in the City shall be
collected and disposed of under the supervision of
the Director of Public Works. The Director shall
have the authority to make regulations concerning
days of collection, publishing of revised annual
schedule of rates and charges, type and location
of waste containers, and such other matters
pertaining to the collection, conveyance and
disposal as he shall find necessary and to change
and modify such regulations after reasonable
notice to the contractor.
"Section 6-3.06. Collection: Appeals.
"Any person aggrieved by a regulation of, or a fee
charged by, the Director shall have the right of
appeal to the City Manager who shall have the
authority to confirm, modify, or revoke any such
regulation or fee.
"Section 6-3.07. Collection: Exceptions.
"(a) Actual Producers. The provisions of
this Chapter shall not prohibit the actual
producers of waste, or the owners of premises
upon which waste has accumulated, from
personally collecting, conveying, and
disposing of such waste, nor shall the
provisions of this Chapter prohibit such
producers or owners from causing their
contractors to remove waste incident to
construction or demolition upon their
premises provided such producers or owners
comply with the provisions of this Chapter
and with any other governing laws.
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"(b) Outside Collectors. The provisions of
this Chapter shall not prohibit collectors of
waste from outside the City from hauling such
waste over the City streets provided such
collectors comply with the provisions of this
Chapter and with any other governing laws.
"(c) Rules and Regulations. The Director
shall have the authority to make such other
reasonable regulations concerning individual
collection and disposal and relating to the
hauling of waste over the City streets by
outside collectors as he shall find
necessary.
"Section 6-3.06. Contagious Disease Waste:
Removal.
"The removal of wearing, bedding, or other waste
from homes or other places where highly infectious
or contagious diseases have prevailed should be
performed under the supervision and direction of
the Health Officer. Such waste shall not be
placed in containers for regular collection.
"Section 6-3.09. Inflammable, Hazardous, and
Explosive Materials: Disposal.
"Highly inflammable, hazardous, or explosive
materials shall not be placed in containers for
regular collection but shall be disposed of as
directed by the Director at the expense of the
owner or possessor thereof.
"Section 6-3.10. Depositing and Scattering.
"No person shall cast, place, sweep, or deposit
anywhere within the City any waste in such a
manner so that it may be carried or deposited by
the elements upon any street, sidewalk, alley,
sewer, parkway, stream, or other public place or
into any occupied premises within the City.
"Section 6-3.11. Transporting.
"Any and all persons transporting waste over the
streets of the City shall prevent offensive odors
from escaping and waste from being blown, dropped,
or spilled.
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28-5
"Section 6-3.12. Nuisances.
"Any unauthorized accumulation of waste on any
premises is hereby declared to be a nuisance and
shall be prohibited.
"Section 6-3.13. Definitions.
"For the purposes of this Chapter, unless otherwise
apparent from the context, certain words and
phrases used in this Chapter are defined as
follows:
"(a) 'Ashes' shall mean the residue from the
burning of wood, coal, coke, or other
combustible materials.
"(b) 'Commercial solid waste' shall mean
garbage, rubbish, trash, debris, and the like
resulting from the normal activities of a
particular business.
"(c) 'Construction and demolition debris'
shall mean materials, wastes, refuse,
remnants, and other substances resulting
from, or created as a result of, construction
or demolition activities of any kind.
"(d) 'Contract agent' shall mean any agent or
employee of the City or any agent or employee
of any person with whom the City shall have
duly contracted under the terms set forth in
this Chapter to collect, transport through
the streets, alleys, or public ways of the
City, and dispose of waste produced within the
City.
"(e) 'Director of Public works' or 'Director'
shall mean the Director of Public Works of
the City.
"(f) 'Garbage' shall mean putrescible animal
and vegetable wastes resulting from the
handling, preparation, cooking, and
consumption of food.
"(g) 'Hazardous material' shall mean wastes
that are hazardous by reason of their
pathological, explosive, radiological, or
toxic characteristics.
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2,86
"(h) 'Industrial waste' shall mean all liquid
or solid waste substances, except sewage,
from any producing manufacturing, or
processing business operation.
"(i) 'Multi -family dwelling unit' shall mean a
dwelling consisting of two (2) or more units,
excluding hotels and motels.
"(j) 'Refuse' shall mean all putrescible and
nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes,
street cleanings, and solid market and
industrial wastes.
"(k) 'Residence' shall mean a single-family
dwelling unit.
"(1) 'Residential solid waste' shall mean
garbage, rubbish, trash, and the like
resulting from the normal activities of
households.
"(m) 'Rubbish' shall mean nonputrescible solid
wastes, excluding ashes, consisting of both
combustible and noncombustible wastes, such
as paper, cardboard, tin cans, yard
clippings, wood, glass, bedding, crockery,
and similar materials.
"(n) 'Special material' shall mean bulky
materials or other special wastes that are
not stored in standard storage containers and
cannot be picked up by a normally used
collection vehicle.
"(o) 'Waste' shall mean and may include
collectively ashes, commercial solid waste,
construction and demolition debris, garbage,
hazardous material, industrial waste, refuse,
residential solid waste, rubbish, and special
material."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
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87 SECTION 3. City Clerk's Certification
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in
the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk
shall cause to be published, the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 18th day of
March , 1986
PHILLIPPR. SCHWARTZE, MA
VR
ATTEST:
CITY CLERI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 567 , which was
introduced at a meeting of the City Council of the Cit of San
Juan Capistrano, California, held on March 4 , 1986 , and
adopted at a meeting held on March , , by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
MARY NN ANOVER, CITY CLERK