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Ordinance - 1554ORDINANCE NO. 1554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING CHAPTER 12 OF THE WEST COVINA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 12 OF THE WEST COVINA MUNICIPAL CODE DEALING WITH GARBAGE AND RUBBISH COLLECTION WHEREAS, the present Municipal Ordinance is outdated due to recent State and County legislation governing solid waste collec- tion and to changes in the usual procedure of refuse collection since the original ordinance was adopted in 1960; NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION 1. Chapter 12 of the West Covina Municipal Code is hereby repealed. SECTION 2. The attached Exhibit 1 is hereby adopted as the new Chapter 12 of the West Covina Municipal Code. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. The City Clerk is also directed to forward a certified copy of this ordinance to the Los Angeles County Department of Health Services. PASSED AND... APPROVED .-this 26th day .of Julv , 1982. Mayor ATTES . City Clerk I, HELENE M. MOONEY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1554 was regu- larly introduced and placed upon its first reading at a regular meeting of the City, Council on the 12th day of July , 1982. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the Ci.ty Council on the 26th day of July , 1982, by the following vote, to wit: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Bacon, Tennant, None None Shearer, Chappell, Tice. Ap roved as to form: City C erk 10 0 n 1) C ty At orne • • • CHAPTER 12 GARBAGE AND RUBBISH COLLECTION ARTICLE I - IN GENERAL SECTION 12-1 PURPOSE OF ORDINANCE. To provide 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 Wate and Storage Standards," of the California Administrative Code. SECTION 12-2 DELEGATION OF AUTHORITY. The City of West Covina and the Los Angeles County Department of Health Services shall enforce all health related standards and non -health related standards, which will be enforced by the City of West Covina: Use of container, ownership of waste, and responsibility of op- erator for furnished containers. ARTICLE II - COLLECTION SECTION 12-16 DEFINITIONS. Collection - "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal". Container - Any vessel, can, or receptacle used for collecting solid wastes for removal, whether owned by the collection agency, property owner, or tenant. -1- • 1�1 Removal "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises. Solid Waste or Wastes - "Solid Waste" or "Wastes" include all putresible and non-putresible solid and semi- solid 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) materials or sub- stances having commercial value which have been salvaged for reuse, recycling or resale. ON SECTION 12-17 SERVICE TO BE PROVIDED BY CITY The City shall provide the service of collecting solid waste 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, no person shall engage in the business of collecting solid waste within the City unless such person has a valid contract with the City to do so. -The collector awarded an exclusive franchise by the City is required to comply with all local government licenses, permits, or written approval requirements applicable to the City or County. 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. In accordance with State regulations, the following items are required before an exclusive contract shall be awarded by the City: A. The filing of a faithful performance bond with the City. B. Evidence that the collector has experienced sufficient to meet the needs of the customers within the jurisdiction. C. 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 of the City Council. SECTION 12-18 GARBAGE COLLECTION SCHEDULES Residential, industrial, and commercial waste shall be collected at least once weekly. • 3 r SECTION 12-19 HOURS OF COLLECTION. Solid waste shall not be.collected prior to 6:00 A.M. nor after 8:00 P.M. on any day. 0 E S CTION 12-20 PLACEMENT OF RECEPTACLES. • (a) Residential -'No person shall place any solid waste, or any container containing solid waste at any place of collection before 5:00 P.M. of the day preceeding the scheduled collection of said solid waste, or leave any such container at the place of collection after 8:00 P.M. on the day of actual collection, or more than two (2) hours after actual collection, whichever is later. The residential waste collector shall remove all solid waste in the manner agreed upon with the affected property owner or in' -the manner directed by the enforcement agency. However, in the event the residential waste collector has no agreement with the property owner or is not otherwise directed by the enforcement agency, he shall remove all solid 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 waste containers installed outdoors shall be screened and located in compliance with city zoning regulations. N (c) Collection from Alleys - Waste collectors 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 waste 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, 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. SECTION 12-21 CONDITION OF WASTE FOR COLLECTION (a) Waste in Containers. Waste shall be kept ,and placed for.collection in sturdy containers with tight fitting lids. 11 (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 four (4) feet in length or weighs over fifty (50) pounds. 2. Solid waste in bundles shall be collected provided that each bundle is tied and does not exceed four (4) feet in length or.weighs 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. Newspapers and magazines shall-be.securely tied in bundles -if not placed .in containers. -- 6. Fluorescent lamp tubes -'must be broken prior to pickup. 6 • • • SECTION 12-22 OWNERSHIP OF WASTE MATERIALS. Solid wastes subject to collection by a collection service operator shall become the property of the collection service. SECTION 12-23 SOLID WASTE CONTAINERS - (a) Care of Solid Waste Containers. Residential waste collectors shall replace all solid waste containers where found. Containers or lids shall not be deposited in the street or on adjoining property.- Residential waste collectors shall not in any way break, damage, or roughly handle any container. (b) Replacement of Faulty Containers. Any con- tainer which leaks and is not water tight 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 storage 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 storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public. (d) Use of Container. No person shall tamper with, modify, remove from, or deposit solid wastes in any container which has not been provided for his use, without the permission of the of the container owner. 7 SECTION 12-26 COLLECTION FEES - The city shall fix the price to be charged by the collector and to be paid by the receipient of such collection service for all collection of.rubbish 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 with- in fifteen (15) days after the same is rendered, the collector may refuse to collect garbage or rubbish from the premises of such person until such bill is paid.. VH:vs 11/24/81