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HomeMy WebLinkAboutORD 1094S ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8 OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 8.19 RELATIVE TO MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS WITHIN THE CITY OF PALM DESERT. WHEREAS, the City of Palm Desert has conducted both formal and informal surveys indicating that automated collection services increase participation and the volume of materials collected for reuse; and WHEREAS, the task of meeting the State mandates of 50% diversion by 2000 of waste from landfills falls on all residents and businesses within the City of Palm Desert; and WHEREAS, the franchise waste hauler concurs with the findings and assumptions of said surveys; and WHEREAS, the City is continually researching ways to improve recycling programs and services. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1: Title 8 of the Palm Desert Municipal Code, being the same, is hereby amended to add: SECTION 8.19.010: PURPOSE AND STATUTORY AUTHORITY The purpose of this ordinance is to regulate the storage, collection, and disposal of solid waste and recyclable materials in the City of Palm Desert. This ordinance is adopted pursuant to the authority contained in General Statutes governing powers of municipalities and various federal and state statutes specifically regulating solid waste and recycling. SECTION 8.19.020: AUTOMATED RUBBISH COLLECTION PROGRAM There is hereby established a program for the mandatory use of automated refuse and recycling containers and collection by the residents of the City. The collection of rubbish and recyclables shall be made weekly as specified within the Palm Desert Municipal Code (PDMC) and Franchise Agreement. ORDINANCE NO. 1094 SECTION 8.19.030: DEFINITIONS For purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein and as provided within the PDMC: (a) Automated Rubbish Collection. The term "automated rubbish collection" shall mean the collection of rubbish by means of a specially equipped collection truck servicing a special refuse container obtained exclusively through the waste hauler and set out in a prescribed manner. (b) Automated Refuse Container. The term "automated refuse container" shall mean the container assigned for use in the automated collection program. (c) Construction and Demolition (C&D). The term "C&D" shall mean any solid waste material such as lumber, brick, stone, asphalt, plaster, concrete, roofing materials, and any other items or substances resulting solely from construction, remodeling, repair, or demolition operations on buildings or other structures, but does not include inert debris, land -clearing debris, yard debris and used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar non -hazardous material. (d) Customer. The term "customer" shall mean the party that owns the residential property to which an automated refuse container is assigned. (e) Dwelling Unit. The term "dwelling unit' shall mean the individual private premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one dwelling unit. (f) Garbage. The term "garbage" shall mean the waste produced by the handling, processing, preparation, cooking, and consumption of animal and vegetable products used for human consumption. (g) Residential Complex. The term "residential complex" shall, without regard to form of ownership, refer to a parcel of property with no more than four separate dwelling units, each unit intended for occupancy by separate households, that provides on said parcel off street parking for residents of the complex. (h) Refuse. The term "refuse" means putrescible and non-putrescible solid wastes (except human body wastes), including garbage, rubbish, and cold ashes, but excluding dead animals and solid market and industrial wastes and excepting any item defined and categorized as recyclables. (i) Rubbish. The word "rubbish" shall mean non-putrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, newsprint, cardboard, tin cans, yard clippings, leaves, glass, and bedding, excepting any item defined and categorized as recyclables. (j) Recyclables. The term "recyclables" means materials that are collected for intended reuse, including, but not limited to, paper, chemical, glass, metal, plastic, green waste, wood waste, and construction debris. 2 ORDINANCE NO. 1094 (k) Green waste. The term "green waste" means all yard waste, including, but not limited to, grass, shrubbery, tree trimmings, plant trimmings. SECTION 8.19.040: CITY TO PROVIDE COLLECTION AND DISPOSAL (a) The waste hauler shall provide for collection and disposal of refuse and recyclables when placed at the curb for collection pursuant to this chapter. (b) Compliance with the requirements of this chapter is necessary to procure the collection and removal of refuse and recyclables, and such compliance shall be a defense to any prosecution for failure to remove or dispose thereof. SECTION 8.19.050: RECEPTACLES -- GENERAL REQUIREMENTS (a) Every person having charge or control of residential property containing not more than four (4) dwelling units in the City where refuse accumulates shall place and keep the refuse and recyclables in the automated refuse containers obtained exclusively through the waste hauler for use in the automated collection program. Automated refuse containers assigned by or obtained from the waste hauler shall remain at all times property of the hauler. Containers are assigned by individual street addresses to individual residential properties, not to individual residents or customers. At no time and under no circumstances shall the automated refuse container(s) be moved or removed from the property to which it was assigned. The automated refuse containers will be repaired and maintained by the waste hauler at no additional cost unless damage is caused by customer abuse or negligence, in which case the cost of replacement shall be charged to the customer. (b) Those included in the automated rubbish and recycling collection program shall only use the approved automated refuse containers to be obtained exclusively through the waste hauler. No other containers are allowed. SECTION 8.19.060: RECEPTACLES -- PLACEMENT, CAPACITY AND PICKUP (a) Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to collection crews. Placement must be such that there is no interference with collection (e.g., too close to vehicles, other refuse containers, poles, fences, mailboxes, and other obstacles). Containers must be placed at the designated pickup area by 5:30 a.m. on the scheduled day of collection. No container shall be placed curbside or adjacent to street more than twelve. 02) hours prior to the normal collection time and shall be removed from barb or street location within twelve (12) hours after collection. (b) Only normal residential household refuse is permitted to be placed in the containers. Toxic or hazardous materials, dead animals, building 3 ORDINANCE NO. 1094 materials, yard waste, and bulk items such as household furnishings or appliances are prohibited. Items that meet the city standards for recycling shall be disposed of through the City recycling program. (c) Use of paper or plastic refuse bags is encouraged. Such bags shall be used for disposal of garbage. Bags shall not be placed outside the container. Effective 30 days from adoption of Ordinance No. 1094 all single-family residential homes (unless utilizing commercial bin service/central disposal area for all residents within complex) will be required to place recyclables in automated carts for collection. Exceptions due to terrain, disabilities, complexes with centralized disposal setups (e.g., apartments and condos with four or more units, two-story residential units) shall be exempt when such conditions exist that prevent automated service. Exemptions shall be made on a case -by -case basis. The City of Palm Desert's waste hauler shall commence with the ordering and placement of automated containers at all residential units except for those exceptions noted above or approved by the City. The language of Chapter 8.19 notwithstanding, all other codes related to solid waste and recycling shall stand in full force and effect. This action does not relieve the franchisee of any obligations under the existing Franchise Agreement. Section 2: The City Clerk of the City of Palm Desert, California, shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within 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, at its regular meeting held on the 14th day of July , 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SP NOES: NONE ABSENT: NONE / ABSTAIN: NONE ATTEST: HELLE . EKKL-A)S S., CITY C L E K CITY OF PALM DESERT, CALIFORNIA -Fl B U and CRITES S, MAYOR GI