Ordinance - 1883ORDINANCE NO. 1883
ORDINANCE NO. 1883 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING AND
READOPTING CHAPTER 12, ARTICLES 1 AND 2 (SECTION 12-1 -
12-27) OF THE WEST COVINA MUNICIPAL CODE REGARDING
• GARBAGE AND RUBBISH.
The City Council of the City of West Covina does ordain
as follows:
SECTION 1. Section 12-1 of the West Covina Municipal
Code is amended to read as follows:
"The purpose of this chapter is to provide for the
collection of recyclable materials and for solid waste collection
and removal in accordance with state minimum standards for solid
waste handling as described in title 14, division 7, chapter 3,
article 5, "Solid Waste and Storage Standards," of the California
Administrative Code. (Ord. No. 1554, %2, 7-26-82)
SECTION 2. Section 12-16 of the West Covina Municipal
Code is amended to add the following:
Recyclable material: "Recyclable material" means
glass, newspaper, aluminum, and such other reusable
materials as the City Council may designate by
resolution, sorted and otherwise prepared as required
under rules established by Council resolution.
Yard waste: "Yard waste" means all leaves, grass,
cuttings, and shrubs that accompany routine household
or property maintenance functions.
SECTION 3. Section 12-16 of the West Covina Municipal
Code is amended as follows:
"Ordinary household garbage": The words "leaves,
grass, cuttings, shrubs" shall be deleted.
SECTION 4. Section 12-17 of the West Covina Municipal
Code is amended as follows:
(a) The city shall provide the service of collecting
waste and recyclable material within the city, either
through its own employees or through an entity under
exclusive franchise with the city. So long as the city
provides such service either through its own employees
or by exclusive franchise, it shall be unlawful for any
person to engage in the business of collecting solid
waste or recyclable material within the city unless
such person has a valid contract with the city to do
SO.
(d) Paragraph 3. "It is the duty of the waste
collector to collect all solid waste and recyclable
material from premises within the city that subscribe
for such service. (Ord. No. 1554, %2, 7-26-82; Ord.
No. 1655, %4, 12-10-84; Ord. No. 1673, %2, 5-13-85)
SECTION 5. Section 12-18 of the West Covina Municipal
Code is amended as follows:
Residential, industrial and commercial waste and
recyclable material shall be collected at least once
weekly. (Ord. No. 1554, %2, 7-26-82)
Removal: "Removal" means the act of taking solid wastes,
recyclables, compostables or yard wastes from the place of
generation by an approved collection agent or by a person in
control of the premises.
Solid waste or wastes: "Solid waste" or "wastes" include all
putrescible and nonputrescible solid and semisolid wastes, such
as refuse, garbage, rubbish, paper, ashes, industrial wastes,
• demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes, and also includes liquid
wastes disposed of in conjunction with solid wastes at solid
waste transfer/processing stations or disposal sites, but
excludes:
(1) Sewage collected and treated in a municipal or regional
sewerage system: or
(2) Recyclable material, compostables or yard waste or other
materials or substances which have been salvaged for reuse or
resale. (Ord. No. 1554, S 2, 7-26-82; Ord. No. 1655, S 3, 12-10-
84)
(3) Hazardous refuse including household hazardous wastes and
any compound, mixture, substance or article defined as hazardous
under state or federal law or which if improperly used, handled,
transplanted, processed or stored may constitute a hazard to
health or cause property damage or contamination or which is
explosive, flammable, poisonous, corrosive, radioactive or
otherwise harmful to the environment.
Yard waste: "Yard waste" means all leaves, grass, cuttings, and
shrubs that accompany routine household or property maintenance
functions.
Sec. 12-17. Service to be provided by city.
(a) The city shall provide the service of collecting waste
within the city, either through its own employees or through an
entity under exclusive or non-exclusive franchise or contract
with the city. So long as the city provides such service either
through its own employees or by exclusive franchise, it shall be
unlawful for any person to engage in the business of collecting
solid waste within the city unless such person has a valid
contract with the city to do so.
(b) The collector awarded a franchise or contract by the city is
required to comply with all local government licenses, permits,
or written approval requirements applicable to the city or county
as well as with any and all state or federal requirements for the
collection and removal of recyclable material, hazardous waste or
yard waste.
No waste collector permits or city -granted exclusive franchise
shall be required for the removal of vegetative cuttings, other
solid waste not containing garbage, or manure to a legal place of
disposal as a part of gardening or horticulture or for
composting.
In accordance with state regulations, the following items are
required before a franchise or contract shall be awarded by the
city:
1 The filing of a faithful e ( ) g performance bond with the city.
(2) Evidence that the collector has experience sufficient to
meet the needs of the customers within the jurisdiction.
(3) Acquisition of a permit for waste collection from the County
of Los Angeles. Application and annual operating fees for the
permit shall be as required by the County of Los Angeles and as
adopted from time to time by resolution by the City Council.
(c) It shall be unlawful for any occupant or person in
possession, charge or control of any residential premises within
the city from which ordinary household garbage is created,
• accumulated or produced, to fail to subscribe for the collection
service provided by the city. However, when the residential
premises are vacant for at least one month, no subscription will
be mandatory during the period of vacancy. Further, when the
joint or multiple use of garbage containers is provided on the
residential premises, it shall be unlawful for the person in
possession, charge or control of such containers, to fail to
subscribe to the city's collection service.
(d) It shall be unlawful for any occupant and/or any contractor
doing business on any premises or any person in possession,
charge, or control of any nonresidential premises within the city
to subscribe for collection of solid waste, recyclable material
or yard waste with anyone other than an approved collection
agent.
(e) It is the duty of the approved collection agent to collect
all solid waste, recyclable material or yard waste from premises
within the city that subscribe for such service. (Ord. No. 1554,
S 2, 7-26-82; Ord. No. 1655, S 4, 12-10-84; Ord. No. 1673, S 2,
5-14-85)
Sec. 12-18. Garbage collection schedules.
Residential, industrial and commercial waste and recyclable
material shall be collected at least once weekly. Yard waste
shall be collected on the same schedule or as determined to be
necessary by the city and the approved collection agent. (Ord.
No. 1554, S 2, 7-26-82)
Sec. 12-19. Hours of collection.
Solid waste, recyclable material or .yard waste shall not be
collected prior to 6:00 a.m. nor after 8:00 p.m. on any day.
(Ord. No. 1554, S 2, 7-26-82)
Sec. 12-20. Placement of receptacles.
(a) Residential: No person shall place any solid waste or
recyclable material or yard waste or any container containing
such material at any place of collection before 5:00 p.m. of the
day preceding its scheduled collection, or leave any such
container at the place of collection after 8:00 p.m. on the day
of actual collection, or for more than two (2) hours after actual
collection, whichever is later. The approved collection agent
shall remove all solid waste, recyclable material or yard waste
in the manner agreed upon with the affected property owner or in
the manner directed by the city. However, in the event there is
no such agreement the authorized collection agent shall remove
all solid waste, recyclable material or yard waste from the curb
along the street in front of each dwelling or other building or
from the paved alley only if the solid waste is deposited at the
rear property line. On streets without curbs, containers shall
be placed in the parkway but not in the flowline.
(b) Industrial, Commercial and Multiple Dwelling:
Industrial, commercial and multiple dwelling residential solid
waste containers or containers for recyclable materials or yard
waste installed outdoors shall be screened and located in
compliance with city zoning regulations.
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(c) Collection from Alleys: An approved collection agent shall
not be required to collect from an unpaved area at the rear of
property or from:
(1) A blind alley;
(2) An alley less than fifteen (15) feet wide;
• (3) An alley which is "L" or "T" shaped and not wide enough to
be safe for the collection truck to turn without damage to the
truck or to adjacent improvements on private property; or
(4) An alley the surface of which could endanger the safety or
the convenient operation of the trucks at all seasons of the
year.
(d) Public Nuisance of Containers Prohibited: When not placed
on public property for collection, solid waste containers shall
be kept in an area which is not visible from the public street
and which will not be offensive to neighboring property so far as
it is reasonably practicable to do so. Recyclable containers and
yard waste containers shall be placed in the same manner.
Sec. 12-21. Condition of waste for collection.
(a) Solid Waste in Containers. Waste shall be kept and placed
for collection in sturdy containers with tight -fitting lids.
(b) Waste Not in Containers:
(1) Single bulky items of solid waste or items not in containers
shall be collected provided that no item exceeds three (3) feet
in length and one (1) foot in diameter, or weighs over fifty (50)
pounds. _
(2) Solid waste or yard waste in bundles shall be collected
provided that each bundle is tied and does not exceed three (3)
feet in length and one (1) foot in diameter, or weigh over fifty
(50) pounds.
(3) Bulky household items such as stoves, refrigerators,
furniture, water heaters and similar material shall be collected
according to the collection policies of the waste collector for
such items.
(4) Cardboard or empty cardboard boxes shall be collected and
not returned to property owners or tenants.
(5) Magazines shall be securely tied in bundles if not placed in
containers.
(6) Fluorescent lamp tubes must be broken prior to pickup. (Ord.
No. 1554, S 2, 7-26-82; Ord. No. 1655, SS 5, 6, 12-10-84)
(c) Recyclables in Containers: All recyclable materials shall
be placed.in containers provided specifically for that purpose.
In the event that such containers are filled, additional
recyclable material may be placed adjacent to the recycling
container in another container, bag or box
Sec. 12-22. Ownership.of waste materials.
Solid wastes and yard wastes subject to collection by the
approved collection agent shall become the property of that
agent. Recyclable materials when placed for collection by city
shall become the property of the city once placed for collection
and no person other than the employees or contract agent of the
city acting within the scope of their agency or employment shall
remove such materials once placed for collection;
notwithstanding, this section excludes recyclable materials not
n
•
APPROVED AND ADOPTED this 24th day of
1991.
ATTEST:
JC_J
City Clerk
State of California )
County of Los Angeles ) ss
June
7
I,.JANET BERRY, City Clerk of. the City of West Covina, do hereby certify
that foregoing Ordinance No. 1883 was duly approved and adopted by the City
Council of the City of West Covina at the regular meeting,held on June 24, 1991
by the following vote of the Council:
AYES: Herfert, Manners, McFadden, Tarozz'i, Jennings
NOES: None
ABSENT: None
APPROVED AS TO FORM:
City ttorney Elizabeth Hanna
U
City Clerk Janet Berx
"10-
placed for collection by city which are removed by the person
generating the materials or on premises owned and controlled by
him or her or pursuant to agreements with nonprofit
organizations.
Sec. 12-23. Containers.
(a) Care of Containers: Approved collectors shall replace all
containers where found. Containers or lids shall not be
deposited in the street or on adjoining property. Collectors.
shall not in any way break, damage or roughly handle any
container.
(b) Replacement of Faulty Containers: Any solid waste container
which leaks and is not watertight shall be replaced by the owner
within ten (10) days after notice from the collector, stating the
condition of such container. Such notice from the collector
shall be made by attaching a tag to the container indicating its
defective condition.
(c) Operator Responsibility: Where the collection operator
furnishes containers, he is responsible for maintaining the
containers in good condition, (ordinary) wear and tear excepted,
unless they are furnished under other terms, conditions or
agreements. He shall plan with the property owner and/or
occupant as to placement of such containers to minimize traffic,
aesthetic and other problems both on the property and for the
general public subject to S 12-20 hereof.
(d) Use of Container: No person shall tamper with, modify,
remove from or deposit solid wastes or yard waste in any
container which has not been provided for his use without the
permission of the container owner. No person shall tamper with,
modify or remove the container or any recyclable material in any
container provided for such purpose by the city or its approved
collection agent.
Secs. 12-24, 12-25. Reserved.
Sec. 12-26. Collection fees; penalty for failure to pay.
The city shall fix the price to be charged by the collector and
to be paid by the recipient of such collection service for all
collection of solid waste, recyclables or yard waste within the
city, which prices may be established either by resolution of the
City Council or by contract with the collector.
Should any person fail, refuse or neglect to pay such bill within
fifteen (15) days after the same is rendered, the collector may
refuse to collect solid waste, recyclables, or yard waste from
the premises of such person until such bill is paid. (Ord. No.
1554, S 2, 7-26-82)
Sec. 12-27. Penalties for violation.
Violations of this Article shall be punishable as an infraction
in accordance with Section 1-37 of the West Covina Municipal
Code. Fines for such infractions shall be within the limits
established by the West Covina Municipal Code, Section 1-37, and
shall be set by the city's police department in the bail schedule
filed with the appropriate court authorities.
SECTION 2. Effective Date. The provisions of this
ordinance shall be effective 30 days from the date of adoption.
SECTION 3. The City Clerk shall certify to the
adoption of this ordinance and cause the same to be published in
the manner required by law.
5
CERTIFICATION
I
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
• of California, do hereby certify that a true and accurate copy of
Ordinance No. I�d.3 was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED: /m Q/
Janet Berry, City Clerk
City of West Covina, California
e