HomeMy WebLinkAbout1997-11-04; City Council; NS-427; CMC 6.08 amends - Solid waste...0 0
I. /I ORDINANCE NO. NS-427
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
ENACTING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL CODE RELAT
TO SOLID WASTE
CALIFORNIA, REPEALING TITLE 6, CHAPTERS 6.08 AND 6.09 AND RE-
5 /I WHEREAS, The City of Carlsbad has the authority to determine all aspects 01
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waste handling.
The City Council of the City of Carlsbad does ordain as follows:
SECTION I. That Title 6, Chapters 6.08 and 6.09 of the Carlsbad Municipal C
9 (1 repealed.
10 I/ SECTION 11. That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is ad(
11 as follows:
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Sections:
6.08.010
6.08.020
6.08.030
6.08.040
6.08.050
6.08.060
6.08.070
6.08.080
6.08.090
6.08.1 00
6.08,110
6.08.120
6.08.130
6.08.140
6.08.1 50
6.08.160
6.08.170
6.08.1 80
6.08.190
6.08.200
6.08.21 0
6.08.220
Chapter 6.08
SOLID WASTE
Definitions.
Required solid waste disposal through authorized collec
Receptacles generally.
Cleanliness of Solid Waste receptacles.
Solid Waste receptacles to be kept covered.
Residential Solid Waste receptacles - Size - Maximum 1
Maximum residential collection.
Placement of residential receptacles for collection.
Unlawful placement of Solid Waste.
Unhindered access to receptacles.
Bulky item collection.
Shared service allowed.
Multiple tenant residential service.
Hauling Solid Waste.
Unauthorized collection.
Contracts.
Rate and fees for service.
Payment of fees.
Liability for payment.
Enforcement.
Savings clause.
Special collection service,
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meanings respectively ascribed to them by this section, unless it is obvious from the 27 A. For purposes of this chapter the following words and phrases shall ha
6.08.01 0 Definitions.
another meaning is intended:
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2. "Authorized Collector" means a person, firm, or corporation holding 2
1. "Aluminum" means recoverable aluminum materials including but nc
3. "Authorized Recycling Agent" means a person, firm, or corporation 3
used beverage containers, siding, and other manufactured items.
contract with the City of Carlsbad for provision of Solid Waste Services.
4 valid contract with the City of Carlsbad to collect designated recyclable materials.
4. "Cardboard" means post-consumer wastepaper grade, corrugated c
(#I I), kraft (brown) paper bags or solid fiber boxes which have served their packagin 5 and are discarded and can later be reclaimed for collection and recovery for recyclinc
5. Tity" or "City of Carlsbad" means the incorporated territory of the c ' Carlsbad.
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9 stream, or which are separated at a centralized facility.
6. "Commercial Solid Waste" means Solid Waste originating from stor
and other commercial sources, but does not include construction or demolition waste
7. "Compost" means the product resulting from the controlled biologic
decomposition of organic wastes that are source separated from the municipal Solid '
8. "Construction Waste" means the demolition, dredging, grubbing, ar
10 rubble resulting from construction, remodeling, repair and demolition activities on hoL
commercial or governmental building and any other structure and pavement.
materials that are designated as recyclable and/or reusable within the following categ
12 each category listed in this section.
residential, commercial (office and hospitality) and industrial as defined more specific
13 a. Designated Recyclables for single-family and multi-family resid
customers shall include, but are not limited to: newspaper, plastic beverage bottles, i 14 tin and bimetal cans, yard waste, white goods (appliances) and glass bottles or jars.
b. Designated Recyclables for commercial office buildings of mor( 15 twenty thousand square feet shall include, but are not limited to: office paper, corrug:
16 c. Designated Recyclables for commercial hospitality customers,
restaurants and taverns, shall include, but are not limited to: corrugated cardboard, p I'7 beverage bottles, glass jars and bottles, white goods (appliances), aluminum, and tin
18 bimetal cans.
d. Designated Recyclables for industrial customers shall include,
l9 limited to: dirt, asphalt, sand, land-clearing brush, concrete and rock. IO. "Designated Recycling Collection Location" means the place whel
20 authorized recycling agent has contracted with the City of Carlsbad to pick up recycl:
material segregated from other waste material. Designated Recycling Collection LOC
21 includes, but is not limited to, the curbside of a residential neighborhood or the servic
commercial enterprise.
11 9. "Designated Recyclable Materials" or "Designated Recyclables" me
cardboard, newspaper and aluminum.
22 11. "Director" means the Community Development Director or design
12. "Glass Bottles and Jars" means food and beverage glass contain'
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operated treatment works, and/or Solid Wastes placed in commercial collection bins. 25
manufacturing facilities, factories, refineries, construction and demolition projects, pu
13. "Industrial Solid Waste" means Solid Waste originating from mecl 24
and kitchen containers such as drinking glasses, cups, and cooking and serving dish
including but not limited to container glass covered by the deposit law, and excluding
14. "Newspaper" means materials printed on newsprint. 26 15. "Office Paper" means waste paper grades of white and colored IE
Examples include but are not limited to forms, copy paper, stationery, and other pap' 27 generally associated with desk activity.
28 16. "Person" includes any person, firm, association, organization, pal
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of California, the county of San Diego, the city of Carlsbad, cities, districts, and any oi
business trust, joint venture, corporation, or company and includes the United States,
agency thereof.
17. "Plastic Beverage Bottles" means plastic containers with narrow n 3 mouth openings smaller than the diameter of the container bodies, used for containin
milk, juice, soft drinks or water intended for human consumption: to be distinguished i 4 nonfood bottles such as those for containing motor oil, detergent or other household I
18. "Segregate Waste Material" means any of the following: the place 5 recyclables in separate containers; the binding of recyclable material separately from
6 waste material; the physical separation of recyclables from other waste material.
19. "Solid Waste" means putrescible and nonputrescible solid, semisc
liquid wastes, generated in or upon residential or commercial premises, including gar 7 refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes,
8 vehicles and parts thereof, discarded home and industrial appliances, dewatered, trei
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
9 solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid W
not include hazardous or biohazardous waste, or biomedical waste, which are regula.
10 shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; c
materials sold or donated by the owner for reuse, recycling or composting, other thar
11 them for recycling in City-approved designated recycling containers at City-approved
collection by the City's authorized recycling agent.
12 20. "Solid Waste Services" means the collection, transport, and dispo
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Waste and Designated Recyclables, including yard waste, from residential, commerc
industrial generators.
21. "Solid Waste Facility" means a Solid Waste transfer or processin:
composting facility, a transformation facility, or a disposal facility as approved by the
22. "White goods" means kitchen or other large, enameled appliance:
23. "Yard Wastes" means leaves, grass, weeds and wood materials f
and shrubs.
6.08.020 Reauired Solid WastelDesiqnated Recvclable Materials handlinq th
Authorized Collector: ExceDtions.
A. Every Person in possession, charge or control of any place or premises in the
upon, or from which Solid Waste or Designated Recyclables are created, produced c
accumulated shall:
1. Dispose of such Solid Waste through the regular Solid Waste Service oft
its Authorized Collector; and
2. First segregate from Solid Waste and dispose of Designated Recyclables
Designated Recycling Collection Locations established pursuant to Section 21 .I 05.0'
otherwise throuoh the City or its Authorized Recycling Agent: and 3. Pay therefor the fee or fees hereinafter established. B. Exceptions:
1. Upon submission of adequate proof to the Director, fees shall be refundec
residential, commercial or industrial site has remained unoccupied for a continuous F
least 90 days and therefore not utilized said Solid Waste Services.
2. If the Authorized Collector be unable to reasonably provide service to the
the property owner shall make arrangements to dispose of his/her/its own Solid Was
Designated Recyclables at a Solid Waste Facility.
3. Nothing in this chapter limits the right of any Person to donate, sell, or 0th
dispose of his/her/its recyclable materials prior to placing said segregated recyclable
the City-approved recycling area in City-approved designated recyclable receptacles
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6.08.030 Receptacles aenerallv.
A. No Person shall deposit, keep or accumulate any Solid Waste in or upon any ~
private premises unless enclosed in watertight receptacles designed to contain Solid
which shall be of a type and size approved by the Director. Such receptacles shall be
by and at the expense of the Person producing or accumulating such Solid Waste in !
numbers to contain all Solid Waste which is produced or accumulated between SUCCE
collections.
B. No Person shall deposit, keep or accumulate any Designated Recyclables in (
public or private premises unless enclosed within a recyclable receptacle of a type, si
color approved by the Director.
C. Said receptacles shall be kept in the rear or on the side of the premises or de:
enclosures, except as provided in 6.08.080.
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11 No Person shall permit a Solid Waste receptacle to remain uncovered or oper
6.08.040 Cleanliness of Solid Waste receptacles.
No Person shall allow grease or decomposing material to accumulate in the ir
the exterior of a Solid Waste receptacle. No Person shall allow water or other liquids
accumulate in the bottom of a Solid Waste receptacle in excess of a depth of one inc
6.08.050 Solid Waste receptacles to be kept covered.
condition that flies or vermin may obtain access thereto, except when necessary to p~
12 Waste therein or remove Solid Waste therefrom, and when the cover is removed the1
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such purposes it shall be immediately replaced.
14 6.08.060 Residential Solid Waste receptacles-Size-Maximum weiqht.
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Waste receptacles for collection. Households requiring additional service shall arran, I.7' No single-family residential Solid Waste Service customer shall place more th
6.08.070 Maximum residential collection. 16
when lifted. 15 capacity of 30 gallons or 40 pounds and be adequate in strength so that same will no
Residential Solid Waste receptacles, when placed for collection, shall not excl
special collection.
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6.08.080 Placement of residential receptacles for collection.
Solid Waste and Designated Recyclables collected from single-family residen
shall be placed within five feet of the curb line of the public street, or if no such curb f
five feet of the paved portion of the public street; in the event that the Solid Waste ar
Designated Recyclables is to be collected from a public alley, the receptacle shall be
within five feet of the edge of the right-of-way of such alley.
6.08.090 Unlawful placement of Solid Waste.
No Person shall deposit or place any Solid Waste anywhere other than in an
Solid Waste receptacle under hidher control. Further, no Person shall abandon, sto
andlor burn Solid Waste on public or private premises, with or without the property o
permission, except at an authorized Solid Waste Facility.
6.08.100 Unhindered access to receptacles.
It is unlawful for any Person within the City to tinder access of the collectors
Waste or Designated Recyclable receptacles.
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6.08.1 10 Special collection service.
The Authorized Collector shall provide for the collection of any Solid Waste or
Designated Recyclable material which requires special collection at a rate mutually a$
by the customer and the Authorized Collector, subject to the approval of the Director.
6.08.120 Bulky item collection.
Any item to be discarded or recycled of such a large size and/or weight preclu
collection through the regular service shall be discarded or recycled through special c
service.
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6.08.130 Shared service allowed.
At the sole discretion of the Director, multiple tenants within a single building c
may be allowed to share commercial bin service. Single-family residences and comn
8 customers shall not be allowed to share service.
9 6.08.140 MultiDle tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize commercial bi,
10 individual can service at the discretion of the owner. Multiple tenant residential comp
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12 A. All Solid Waste, after collection, shall be removed and transported to a Solid \
Facility.
13 B. No Person shall haul, carry or transport any Solid Waste through the City or a
over any public street or public place in the City except in water-tight vehicles so that 14 contents thereof are not offensive. Such vehicles, shall be so loaded and operated tl
their contents falls or spills therefrom, and every vehicle used for such purposes shal I.5 a clean and sanitary condition.
16 6.08.160 Unauthorized collection (Scavenaina).
It is unlawful for any Person, other than an employee of the Authorized Collec l7 employee of the City to collect, remove, or dispose of Solid Waste (including Design:
Recyclables) in the City; provided, however, that nothing contained herein shall prevc l8 of garbage disposal devices as regulated by the city plumbing code.
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utilizing individual can service shall be charged the single-family fee per each unit.
6.08.150 Haulinq Solid Waste.
6.08.1 70 Contracts.
20 The City may enter into a contract or contracts under such terms or condition
agreed upon and as may be seen fit by the City for the collection and disposal of Sol
21 and Designated Recyclables within the City. No person shall engage in the busines:
providing Solid Waste Services, except as provided in 6.08.020B, within the City witt
22 a valid Solid Waste Services contract with the City.
23 6.08.180 Rate and fees for service.
The rates and fees to be paid for regular (excluding 6.08.1 IO) Solid Waste St 24 rendered shall be those rates and fees as established from time to time by resolutior
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26 6.08.190 Payment of fees.
It is unlawful for any Person having Solid Waste (including Designated Recyc
collected and disposed of as herein provided, to willfully fail, neglect, or refuse after ( 27 the City, or its duly authorized agent or employee, to pay the fees herein prescribed
28 The City and/or Authorized Collector may seek payment for delinquent accounts by
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means available. In addition to all other remedies available by law or established by t
chapter, failure to pay after delinquency may result in suspension of service.
6.08.200 Liabilitv for payment.
The obligation to pay Solid Waste Services fees is upon the legal owner or ow
property served. Nothing in this section, however, shall prevent an arrangement undc
payments for Solid Waste Services are made by a tenant or tenants, or any agent, or
the owner, provided any such arrangement shall not affect the owner's obligation for 1
said fees.
6.08.210 Enforcement.
The Director shall be responsible for the enforcement of all provisions of this (
Failure to comply with these regulations shall be an infraction and will be prosecuted
to the provisions of Chapter 1.08 of this code; however, nothing in these regulations I
prevent the City's authorized agents or deputies from efforts to obtain voluntary comr
way of warning, notice of violation or educational means.
6.08.220 Savinqs Clause.
All code provisions, ordinances, and parts of ordinances in conflict with the prl
this chapter are repealed. The provisions of this chapter, insofar as they are substan
same as existing code provisions relating to the same subject matter shall be constru
restatements and continuations thereof and not as new enactments. With respect, hc
violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective d:
ordinance, under any chapter, ordinance, or part of an ordinance hereby otherwise re
provisions of such chapter, ordinance, or part of an ordinance shall be deemed to rer
force for the purpose of sustaining any proper suit, action, or other proceedings, with
any such violation, right, liability or appeal.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its ado1
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19 adoption.
the City Clerk shall certify the adoption of this ordinance and cause it to be published
once in a newspaper of general circulation in the City of Carlsbad within fifteen days
20 INTRODUCED AND FIRST READ by the City Council of the City of Carlsbad
21 regular meeting held on the 28th day of October , 1997, and there2
22 PASSED, APPROVED AND ADOPTED by the City Council of the City of Car
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AYES: Council Members Lewis, Finnila, Nygaard, Kulchin 25
to wit: 24
regular meeting held on the 4th day of November , 1997, by the folk
ABSENT: None 27
NOES: None
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