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Home My WebLink AboutORD 822ORDINANCE NO. 822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.17 OF TITLE 8 OF THE PALM DESERT MUNICIPAL CODE REGULATING THE COLLECTION OF RECYCLABLE MATERIALS The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1. That Chapter 8.17 be, and the same is hereby, amended in the Code of the City of Palm Desert, California, to read as follows: "Chapter 8.17 Recyclable Materials. 8.17.010 Definitions. The following words and phrases shall apply in this chapter. A. "City -regulated recycle bins," as used in this chapter and associated thereto, means all bins provided by the city or the contract agent(s) of the city for the collection of recyclable materials. B. "City -regulated recycle containers," as used in this chapter and associated thereto, means all containers provided by the city or the contract agent(s) of the city for the collection of recyclable materials. C. "Construction debris," means all construction waste including, but not limited to, concrete, asphalt and gypsum. D. "Curbside programs," as used in this chapter and associated thereto, means the location where city -owned recyclable materials shall be placed and picked up by the city, or contract agent(s) of the city. E. "Franchise agreement," means an agreement made by the city with a contract agent for the collection of recyclable materials. F. "Green waste," means all yard waste including, but not limited to, grass, shrubbery, tree trimmings 'and plant trimmings. G. "Recyclable materials," means all materials including, but not limited to, paper, glass, metal, plastic, green SAJ73795 Ordinance No. 822 waste, wood waste, construction debris and other materials which may be recycled for use in an altered form. "."01 H. "Recycling business," as used in this chapter and associated thereto, means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials. 8.17.020 Ownership of Recyclable Materials. A. Recyclable materials placed in a city -regulated recycle container at the curb or placed in a city -regulated recycle bin shall become the property of the city at the time of its placement at the curb or in the recycle bin. Such materials shall be deemed discarded by the owner and shall be subject to any franchise agreement of the city. The contract agent(s) of the city shall have the exclusive duty, right and privilege to collect, transport, process and dispose of such recyclable materials. B. Recyclable materials that are not placed in a city - regulated recycle container or placed in a city -regulated recycle bin shall remain the property of the owner. 8.17.030 Removal of Recyclable Materials. A. No person other than the city or the contract agent(s) of the city acting in the scope of their agency or employment, shall remove from the city -regulated recycle containers or from the city -regulated recycle bins any city -owned recyclable materials. B. It shall be unlawful for any person to do the following to any recycle container or recycle bin used in the City: 1. Tamper or meddle with such a container or bin; 2. Tamper or meddle with the contents of any such container or bin; 3. Remove any such container, bin or material from the location where the container, bin or material has been placed for pick up by the city, the contract agent(s) of the city or a licensed recycling business. 8.17.040 Operation of Recycling Business. A. No person shall operate a recycling business in the city without first obtaining a business license pursuant to the provisions established in Chapter 5.04 of this code. B. Any recycling business operating in the city shall, at all times of doing business, maintain insurance in an amount specified by the business license agreement. Said insurance shall %..do include, but shall not be limited to, worker's compensation, SAJ73795 - 2 - Ordinance No. 822 vehicle and comprehensive general liability insurance. The recycling business shall provide the city with copies of said insurance polices and certificates of insurance at the following times: 1. Proof of insurance shall be provided to the city at the time a business license is sought. 2. Proof of insurance shall be provided to the city at the time the renewal of a business license is sought. 3. Proof of insurance shall be provided to the city within ten (10) business days of receiving a written request from the city. C. Any recycling business operating in the City shall be responsible for removing debris and materials which it has caused to fall in the public right-of-way during collection and transportation. D. Any recycling business operating vehicles in the city shall have the name of the licensed recycling business, address, telephone number and truck number printed on each side of the vehicle, in letters not less than three inches high. E. Any recycling business operating in the city shall maintain a record of its waste diversion. Said record shall include, but not be limited to the total tonnage of waste materials recycled, the types of waste materials recycled, the location where the recyclable materials are disposed and the type of recycling program utilized. F. Any recycling business operating in the city shall deliver, or cause to be delivered, to the city quarterly reports concerning its waste diversion. Said reports shall be on forms provided by the city, and shall provide the city with information including, but not limited to the information required to be maintained in accordance with Section 8.17.040(E) of this code. Said reports shall be submitted within forty-five (45) days after the end of each calendar quarter. 8.17.050 Violation - Penalties. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. SAJ73795 - 3 - Ordinance No. 822 8.17.060 Other Remedies. A. After giving written notice of non-compliance and holding a hearing, the city manager or director of code compliance, as appropriate, may suspend or revoke any business license issued under this chapter. B. After giving written notice of non-compliance and holding a hearing, the city manager or director of code compliance, as appropriate, may impound any vehicle that is not maintained in accordance with the provisions established in 8.17.040(D) of this chapter. C. The city manager or director of code compliance, as appropriate, may seek other civil remedies including, but not limited to, injunctive relief, if the recycling business has violated or failed to comply with any provision of this chapter. 8.17.070 Enforcement - Costs Recoverable. The city attorney, on behalf of the city, may take appropriate legal action against a recycling business to recover the costs associated with enforcement of this chapter against a recycling business. Such costs shall include, but not be limited to, administrative costs, court costs, attorneys' fees and other expenses related to enforcing the provisions of this chapter." ,.% Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and 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 this 9th day of January 1997, by the following vote, to wit: AYES: Benson, Crites, Snyder, Spiegel, Kelly NOES: None ABSENT: None ABSTAIN None C RI S. KELL,Y, I&yor City of Palm Desert, Californ' (ATT�,�;T: i�X., SHEILA R.,�GILLIGAN City Clerk City of Palm Des t, California SAJ73795 - 4 -