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Ordinance Number 223ORDINANCE NO. 223 - 427 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING REGULATIONS FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE, RUBBISH AND ASHES ACCUMULATED IN THE CITY. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION I. Short Title. This ordinance shall be known and may be cited as the "Municipal Refuse Collection Ordinance of the City of San Juan Capistrano". SECTION II. Definitions. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the mean- ing given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include -the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. "Ashes": the residue from the burning of wood, coal, coke, or other combustible materials. 2. "Garbage": putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 3. "Refuse": all putrescible and non-putrescible solid wastes- (except astes (except body wastes), including garbage-, rubbish, ashes, street cleanings, and solid market and industrial wastes. 4. "Rubbish": non-putrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. 5. "Residential Solid Waste": garbage, rubbish, trash, etc., resulting from the normal activities of households. 6. "Commercial Solid Waste": garbage, rubbish, trash, debris, etc., resulting from the normal activities of a particular business. 7. "Industrial Waste": all liquid or solid waste substances, except sewage, from any producing, manufacturing or processing business operation. 8. "Special Material": 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. 9."Hazardous Materials": wastes that are hazardous by reason of their pathological, explosive, radiological, or toxic characteristics. 428 10. "Construction and Demolition Debris": materials, wastes, refuse, remnants and other substances resulting from or created as a result of construction or demolition activities of any kind. Note: Items 1 through 10 above may hereinafter be referred to collectively as "waste". 11. "City": the City of San Juan Capistrano. 12. "Director of Public Works" or "Director": the Director of Public Works of the City of San Juan Capistrano. 13. "Person": any person, firm, partnership, association, corpora- tion, company or organization of any kind. 14. "Residence": a single-family dwelling unit. 15. "Multi -family Dwelling Unit": dwellings consisting of two or - more units, and not including hotels or motels. 16. "Contract Agents": an agent or employee of the City or any person or the agents or employees thereof with whom the City shall have duly contracted under the terms hereinafter set out, to collect, transport through the streets, alleys or public ways of the City and dispose of waste produced within the limits of the City. SECTION III. Collection by City. All such waste accumulated in the City shall be collected, conveyed and disposed of by the City either by City personnel or by contractashereinafter provided. Accordingly, at such time as there is in force a contract entered into by theCitywith any per- son for the collection of such waste in 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 such waste within the City for hire. SECTION IV. Exclusive Contract. with Private Collector. A contract for a period not to exceed five (5) years may be entered into by the City in accordance with and subject to the terms and conditions of this ordinance. The contractor shall be required to furnish and maintain a continuing cash surety bond to the City in the penal sum of five -thousand ($5,000) dollars conditioned upon the faithful performance of the contract and the provisions of this ordinance. Such contractor shall have the sole and exclusive right, except as in this ordinance otherwise provided, to collect all refuse, gar- bage'and rubbish in the City, and transport the same through the streets and public ways of the City. Such contract shall also require that the contractor procure for the - period covered by the proposed contract, full compensation insurance in accordance with the workmen's compensation insurance and safety provisions of the Labor Code of the State of California and public liability insurance - 2 - I in the minimum sum of one -hundred thousand ($100,000) dollars for the death or injury of one person, three -hundred thousand ($300,000) dollars for the death or injury of more thanoneperson, and property damage insurance to the extent of one -hundred thousand ($100,000) dollars upon each of the trucks or other vehicles used by him in carrying out the work called for in the contract. The City Council, by resolution, shall have the power to pro- vide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the City. 1. Exception for Actual Producers. This ordinance shall not pro- hibit the actual producers of waste, or the owners of premises upon which waste has accumulated, from personally collecting, conveļæ½ing and disposing of such waste, nor shall it prohibit such producer or owners from causing his contractor from removing waste incident to construction or demolition upon his premises, provided such producers or owners comply with the pro- visions of this ordinance and with any other governing law or .ordinances. 2. Exception for Outside Collectors. This ordinance shall not pro- hibit collectors of waste from outside of the City from hauling such waste over City streets, provided such collectors comply with the provisions of this ordinance and with any other governing law or ordinances. SECTION V. Collection Supervised by Director of Public Works. All waste accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director of Public WorIks. The Director shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other'matters pertaining to the collection conveyance and disposal as he shall find -neces- sary, and to change and modify the same after notice as required by law,, provided that such regulations are not contrary to the provisions hereof.. 1. Appeals. Anypersonaggrieved by a regulation of, or 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 regula- tion or fee. SECTION VI. Precollection Practices. 1. Separation of Refuse. - - a. Ashes shall be placed and maintained in separate disposable containers. b. Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection. ' 3 f 13 0- c. Construction and demolition debris to be removed by City's contractor shall be placed in construction bins or other containers supplied by the contractor. 2. Containers. a. Duty to Provide and Maintain in Sanitary Condition. -Refuse shall be placed in metal, plastic or other suitable containers provided by the owner, tenant, lessee, or occupant of the premises, and shall be main- tained in good condition at all times. All such containers shall be properly secured and any container that does not conform to the provisions of this ordinance or regulation adopted pursuant hereto; or that may have ragged or sharp edges or any other defect liable to hamper or injure thepersoncol- _ lecting the contents thereof shall be promptly replaced upon notice. The maximum weight of any container shall not exceed 75 pounds. The Director shall have the authority to refuse collection services for failure to comply herewith.. b. Garbage. Garbage containers shall be made of metal, or other.suitable-material, equipped with suitable handles and tight fitting+ covers, and shall be water tight. 1. .Capacity. .Garbage containers -shall have a capacity of not mote than 32 gallons. - - 2.- Sanitation. Garbage containers shall be of a type_ - approved by the County Health Officer. and shall be kept ina.clean, neat and sanitary condition at all'times. c. Rubbish. Rubbishcontainers shall be of a kind suitable. for collection .purposes, .and shall be of such weight that they can be handled by one man. - - - 3. Accumulation. All waste shall be collected, accumulated.and stored'only in containersherein described, or authorized by regulation. -- -> 4. Unauthorized Accumulation. Any unauthorized accumulation of waste onany premises,is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation ofwastewithin thirty (30) days after -the effective date of this ordinance shall be deemed a violation of this ordinance. S. Scattering of waste. No person shall cast,place, sweep or deposit anywhere within the Cityanywastein such a manner 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 - 4 - the City. 431.. 6. Points of Collection. Containers shall be placed for collec- tion at ground level at curbside or edge of pavement of a public street or alley, accessible to collection vehicles. The Director may, however, approve any deviations upon the payment of an additional cost for the extra service. SECTION VII. Collection Practices. -1. Frequency of Collection. a. Residential.. Collections for residences shall be at least once a week. - b. Commercial.. Collections for commercial and industrial activities shall be not less than once each week, provided that any business may enter into separate agreements with the contractor for a greater fre- quency of collection. Where necessary to protect the public health, the Director shall have the authority to require that more frequent collections be made. Saturday pickup shall be limited to those who have subscribed to daily service. 2. Limitation on Quantity. a. Residential. Regular and customary accumulations of waste of each family during a collection period shall be made for the standard charge. b. Commercial. Reasonable accumulations of waste of hotels, restaurants and other businesses and institutions during .the collection period.shall be made at a fair charge based upon average weight or volume. 3. -Special Waste Problems. - a. Contagious Disease Waste. The removal of wearing, bedding or other waste from homes or other places where highly infectious or con- tagious diseases have prevailed should be performed under the supervision and directionofthe County Health Officer. Such waste shall not be placed in containers for regular collection. b. Inflammable, Hazardous or Explosive Waste. Highly inflam- mable, 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. 4. Transportation and Disposal. a. 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. - 5 - 4 3 2 b. Disposal. Disposal of all waste shall be made at such locations as are designated by the City. c. Rules and Regulations. The Director shall have the auth- ority to make such other reasonable regulations concerning individual col- lection and disposal and relating to the hauling of waste over City streets. by outside collectors as he shall find necessary. . SECTION VIII. Collection Charges. For solid waste collected in the manner herein provided, the rates shall not exceed the. following: 1. Curb or roadside pickup of individual residential units, located on a paved, two-lane road: Weekly pickup: $ 1.50 per month Twice weekly pickup: To be negotiated with customer -2. Curb or. roadside pickup of multiple residential units: First unit: $ 1.50 per month Each additional unit: 1.00 per month 3. Private Road Collection: Where pickup of trash from residences located in areas that must be reached by private, unpaved roads and drives, the I rate shall be negotiated with the customer and any dispute will be settled by the Director of Public Works. 4. Back Yard Pickups: The Director of Public Works is authorized to establish and arbitrate rates to be charged City residents by the contractor. for refuse, garbage, debris, etc., which is not set at curb- side. These rates shall be established in the agreement entered into by City and contractor. These ratesmay be - amended from time to time with the consent of the Director of Public Works and contractor, and ratification by the City, Council. - 5. Commercial Rates: a. Pickups from commercial customers not using rubbish bins, rate to be negotiated with the customer.. - - b. The following rates are based on contractor's furnishing one (1) three cubic yard metal container and said charges shall include container rental, maintenance and pickup - s?rvice as follows: Once a week pickup: $ 15.00 per month Twice a week pickup: 20.00 per month , Three times weekly: 25.00 per month Four times weekly: 30.00 per month Five times weekly: 35.00 per month - - Six times weekly: 40.00. per month (except Sunday) 6. Special Services: For items requiring special handling due to size, weight, type of material, or method of placement, the charges are to be negotiated between contractor and generator prior to collection. If agreement cannot be reached, the matter may be submitted to the City, and its decision shall be binding. - 6 - 433 SECTION VIV. This ordinance shall take effect and be in force thirty (30) days from and after its passage thereof, and prior to the expiration of fifteen (15) days after the passage thereof, shall be published once in a newspaper of general circulation in the City of San Juan Capistrano. PASSED, APPROVED AND ADOPTED this 23rd day of April , 1973, by the following vote, to wit: AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE - ABSENT: 'COUNCILMEN: NONE - - ATTEST: