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HomeMy WebLinkAboutORD 565ORDINANCE 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 E 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. (P) 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 26th day of January 1989, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON NOES: NONE ABSENT: SNYDER ABSTAIN: NONE S. R ILSDN, MAYOR CI OF PALM DESERT, CA ORNIA ATTEST: 1� / SHEILA R. GIL AN, CITY CLE CITY OF PALM,DtSERT, CALIFO1 IA AMENDED BY ORDINANCE #... -R-� DATED: ..................•--•.... ..............