HomeMy WebLinkAboutOrd 565 Recyclable Materials Municipal Code INTEROFFICE MEMORANDUM
TO: City Manager and City Council
FROM: Richard J. Folkers, Asst. City Manager/Public Works Director
SUBJECT: INCLUSION OF SECTION 8.17, RECYCLABLE MATERIALS,
TO THE PALM DESERT MUNICIPAL CODE (RECYCLE ORDINANCE)
DATE: January 12, 1989
Recommendation:
Waive further reading and pass to second reading.
Background:
The recycle ordinance will create a separate Palm Desert Municipal Code Chapter
for the governing and protection of current and future recycling programs.
Staff believes the Palm Desert Municipal Code Chapter 8.16 entitled solid waste
does not define or address the needs of the recycle program. One of the major
concerns of staff and primary reason for the development of this ordinance was
to prohibit scavenging of recyclable materials. This ordinance will make
scavenging of products placed by the curb unlawful.
Public Works staff recommends that the City Council waive further reading and
pass to the second reading the subject ordinance.
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RICHARD J. F LACERS, P.E. REVIEWED AND CONCUR
CITY MANAGER
CITY COUNCIL ACT ION=
APPROVED
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Original on 171.10
ORDINANCE NO. 565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADDING CHAPTER 8. 17, RECYCLE MATERIAL, TO THE
PALM DESERT MUNICIPAL CODE.
WHEREAS, the City of Palm Desert desires to initiate a recycle program
including, but not limited to, single-family curbside recycling; and
WHEREAS, the City of Palm Desert is incurring certain costs to initiate
these programs; and
WHEREAS, collected materials sold offset the operating costs of the
program; and
WHEREAS, the recycle programs benefit the community and the nation as a
whole.
NOW, THEREFORE , the City Council of the City of Palm Desert,
California, in order to protect the environment and natural resources, does
hereby ordain as follows:
Section 1 . That a Chapter 8. 17 be added to the Palm Desert
Municipal Code and be titled as follows:
Chapter 8.17 Recyclable Materials.
Section 2. That Section 8. 17.010, "Definitions", be added to the
Palm Desert Municipal Code and shall read as follows:
"8. 17.010 Definitions. The following words and phrases shall
apply in this chapter.
(A) Recyclable Materials. All materials including, but not limited
to, newsprint, glass, cans, and other resources for which the
city, or a contractor of the city, collect in order to reuse,
resell , or convert to a usable product.
(B) Curbside Programs. As used in this chapter and associated
thereto, shall mean the location where the recycle materials shall
be placed and picked up by the city, or a contractor of the city.
(C) Recycle Containers. As used in this chapter and associated
thereto, shall mean all containers authorized for the collection
of recyclable materials."
Section 3. That Section 8. 17.020, "Authorization to Remove and
Convey Recyclable Materials", be added to the Palm Desert Municipal Code and
shall read as follows:
"8.17.020 Authorization to Remove and Convey Recyclable Materials.
Recyclable materials, including but not limited to, newsprint,
glass, or cans shall be placed within the vicinity of any curb or
refuse bin for collection purposes, shall become the property of the
City of Palm Desert; and no person, other than the employees or
2
contract agents of the city acting in the scope of their agency or
employment, shall remove from any place or premise in the city or
transport over the public streets thereof any such recyclable
materials. This action shall exclude non-profit organizations which
have agreements with residents to collect and transport recyclable
materials. Agreements between non-profit organizations and residents
shall not include any recyclable materials placed within the vicinity
of any curb or refuse bin. Any such organization must substantiate
their non-profit status upon the request of the Director of Code
Compliance. The City Council is hereby authorized to obtain additional
financial information from the permittee at any time such information
is found to be necessary."
Section 4. That Section 8. 17.030, "Exceptions", be added to the
Palm Desert Municipal Code and shall read as follows:
"8. 17.030 Exceptions. This chapter shall not apply to the
following:
(A) A person removing the refuse or recycle materials which have been
generated on premises owned or controlled by him/her.
(B) The immediate removal of any refuse or recyclable materials which
are found by the administrative authority, Code Compliance
Director, Fire Marshal , or Director of Building and Safety, to
constitute a nuisance or a danger to the public health, safety, or
general welfare.
Section 5. The City Council shall clarify to the passage and
adoption of this ordinance and shall cause the same to be printed once in the
Palm Desert Post, a newspaper of general circulation, printed, published, and
circulated in the City of Palm Desert, and the same shall be in full force and
effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, on this day of , 1989, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
S. ROY WILSON, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA