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HomeMy WebLinkAboutNS-823ORDINANCE NS-823 A~NDING THE SANTA ANA MUNICIPAL CODE AND ADOPTING REGULATIONS FOR THE COLLECTION AND DISPOSAL OF ALL REFUSE ACCUMULATED IN THE CITY AND REPEALING SECTIONS 5200. THROUGH 5205., INCLUSIVE, OF THE SANTA ANAMUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: ~fhat Chapter 8 of Article III of the Santa Ana Municipal Code is hereby amended by adding a new Part 3 at the end thereof in words and figures, as follows: Part 3 - Refuse Collection System Section 3830. Short Title. This Bart shall be known and may be cited as the "MLrNICIPAL REFUSE COLLECTION REGULATIONS" of the City of Santa Ana. Section 3830.1. "Refuse" Defined. Th~ word "refuse" as used in this Part is hereby defined and declared to mean all putrescible and nonputrescible solid waste (except body waste), solid market and industrial waste, ashes, street cleanings, combustible and noncombustible waste, such as paper, cardboard, metal cans, yard clippings, wood, glass, bedding, crockery, and similar materials, and animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food from which all free liquids have been drained. Industrial food processing waste, explosives, and inflammable liquids having a flash point of 150° Fahrenheit or less shall not be classified as refuse even though enclosed in tightly sealed metal cans and shall not be mixed with refuse for collection by the City or its contractors. Section 3820.2. Collection by the City. All refuse accumulated in the City shall be collected, conveyed, and disposed of by the City, its duly authorized agents, servants, and employees, or by a contractor or contractors with whom the City may have entered into a contract for the collection, conveyance, and disposal of refuse, and the City and such contractor or contractors and its or their employees shall have the exclusive right to collect and convey or transport in and along or over the public streets, alleys, and highways in the City any and all refuse. No other person shall remove any refuse from any container, collect, or transport the same over the streets and public ways of the City except as next herein permitted. Section 3830.3. Exception for Actual Producers. This Part shall not prohibit the actual producer of refuse or the owner or occupants of premises upon which refuse has accumulated from collecting, conveying, or transporting the same over the public ways within the City and disposing of such refuse at a site or dump where such disposal is lawfully permitted, provided that the provisions of this Part and all other applicable statutes or ordinances are complied with. Section 3830.4. Collection Supervised by Director of Public Works. Ail refuse accumulated in the City shall be stored, collected, conveyed, and disposed of under the supervision of the Director of Public Works. The Director shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the storage, collection, conveyance, and disposal as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. The Director will coordinate his activities and decisions closely with the contractor to make certain that requirements are reasonable and possible regarding equipment, personnel, and other prevailing conditions. (a) Appeals. ADy person aggrieved by a regulation of the Director shall have the right of appeal to the City Manager who shall have the authority to confirm, modify, or revoke any such regulation or fee. (b) Health Department Enforcement. The Health Department is empowered to enforce the sanitation of this Part as it applied to controlling flies, rodents, and other vermin and insanitary, unhealthful, or nuisance conditions. Section 3830.5. Precollection Practices. (1) Refuse to be Drained. All free liquids shall be drained from refuse before placing refuse for collection, and all refuse put out for collection shall be placed in a suitable container except as herein provided. (2) Papers, maqazines, and Other Similar Materials. Papers, magazines, and other dry material may be securely tied in bundles with wire or cord strong enough to act as a handle for the lifting of such bundle. Other materials may be bundled if securely tied with wire or strong cord so as to have a length no greater than four (4) feet and a thickness of no more than eighteen (18) inches, provided that the weight of said bundle is no greater than forty (40) pounds. (3) Trimminqs and Clippings. Tree trimmings, hedge clippings, and similar material shall be cut to a length not to exceed four (4) feet and tied securely in bundles not more than two (2) feet thick before being deposited for collection, or shall be cut to short lengths and placed in containers. (4) Duty to Provide and Maintain Containers in Sanitary Condition~ (a) Refuse containers suitable for collection purposes and of such weight that they can be handled by one man shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good and sanitary condition. Any container that does not conform to the provisions of this Part or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. No container when filled shall exceed sixty (60) pounds, excepting those equipped for mechanical handling. No single item exceeding sixty (60) pounds shall be placed for collection or picked up for removal. The Director of Public Works shall have the authority to refuse collection services for failure to comply herewith. (b) The City Council may, by resolution, establish a standard container or standard containers, and, if a resolution establishing such a requirement or requirements has been adopted and notice thereof given, as the Council shall direct, then the agency collecting refuse may refuse to take any refuse that is not placed in the required type of container, or in an approved container, or so bundled or packaged as to meet the requirements of such resolution. -2- (5) S~grinq of Refuse. (a) Public Places. No person shall place any refuse in any street, alley, or other public place, or upon any private property in the City, whether owned by such person or not, except properly bundled or in proper containers for collection without express approval granted by the Director of Public Works. (b) Unauthorized Accumulation. Any unauthorized accumu- lation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty (30) days after the effective date of this Part shall be deemed a violation of this Code. (c) Storinq of Refuse. No person owning, Occupying, or having control of any premises shall place for collection any container, bundle, or refuse at any location on the premises other than the collection location as herein provided. No person owning, occupying, or having control of any premises and no person who places any such container, bundle, or refuse for collection along, at, or near any dedicated public right of way shall permit or allow said container or containers, full or empty, or any bundle or refuse to be or remain along, at, or near any said dedicated public right of way prior to 4:00 P.M. on the date preceding the day of collection, nor after the hour of 12:00 Midnight on the day of collection. (6) ~nts of Collection. Refuse containers and bundles shall be placed for collec- tions from private dwellings at the street curb in front of such dwellings, or, if served by an alley, in the rear of such property on the edge of the alley. Refuse containers for multi-family, commercial, or industrial firms, shall be placed either at the curb or alley unless the activity has provided paved access to readily available storage places where collecting trucks may approach, load, and leave. No collection will be made from private property except by special agreement for special service. Section 3830.6. Collection Practices. (1) ~quency of Collection. (a) Residential. Refuse accumulated by residences shall be collected once each week. (b) Commercial. Commercial,multi-family, industrial units, and others may have refuse collection more frequently than one time per week after entering into an agreement for such special service. Establishments requiring off-street collections may enter into an agreement for such service and, if desired, for large containers. Such agreements shall be approved as to terms and fee by the Director of Public Works. Establishments having large amounts of refuse due to openings, sales, etc., may be subject to special service charges based on equipment, labor, and time consumed, under regulations established by the Director of Public Works. (2) Limitation on Quantity. (a) Residential. The collection of refuse from each single and duplex family residence shall be a reasonable accumulation of refuse during a collection period. (b) Commercial, Multi-Family and Industrial. The amounts collected each time shall be limited by volume to four (4) cubic yards or two hundred (200) pounds and shall be subject to fees for unusual services as outlined in this Part. -3- (3) ~pecial Refuse Problems. (a) Contaqious Disease Refuse. The removal of wearing apparel, bedding, or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the super- vision mnd direction of the Health Officer. Such refuse shall not be placed in containers for regular collections. (b) Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection, but shall be disposed of as directed by the Fire Department at the expense of the owner or possessor thereof. (c) Items that Will Not Be Collected. No building material~ plaster, cement, and no items of a size which would be impossible or extremely difficult to load by the manner of truck loading in use at the time and no items that would resist compaction or might damage the equip- ment in use may be placed for collection, and the City forces or contractor may refuse to accept and load such items. (4) Collection by Actual Producers and Outside Collectors. (a) Requirement for Vehicles. The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse, and collectors of refuse from outside the City who desire to,haul over the streets of the City, shall use water-tight vehicles provided with tight covers and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. (5) ~efuse Property of City. Ownership of refuse material set out for collection shall be vested in the City or its duly authorized agent. (6) Charqes for Collection. Charges for the collection, removal and disposal of refuse may be established by resolution duly enacted by the City Council. (7) ~ailure to Pay Charqes. In the event that any person shall fail to pay any charges established by resolution in accordance with the preceding subsection, the City may, in addition to any other remedies it has, cut off such service and may not resume the same until all delinquent charges, together with any charges necessitated by resumption of such services, have been fully paid. SECTION 2: That Sections 5200. through 5205., inclusive, of the Santa Ana Municipal Code are hereby repealed. SECTION 3: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the ATTEST: cLERK OF THE~'COUNCIL 15th day of November , 1965. -4- STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 1st day of November , 1965, and was again considered by said Council at its regular meeting held on the 15th day of November , 1965, and was at said meeting regularly passed and adopted by said Council by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel, McMichael, Harvey COUNCILMEN: None COUNCILMEN: None CLERK OF THE COUNCIL -5-