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HomeMy WebLinkAbout893ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW CHAPTER 7 ENTITLED RECY- CLING AND ANTI-SCAVENGING TO DIVISION 5 OF THE UKIAH CITY CODE. The City Council of the City of Ukiah does hereby ordain as follows: Section 1. Findings and Declarations. The City Council for the City of Ukiah finds and declares that: 1. The reduction of the amount of solid waste and conserva- tion of recyclable materials is an important public concern by reason of the growing problem of solid waste disposal and its im- pact on our environment. 2. Recycling conserves valuable material resources and energy, promotes greater efficiency in the regional economy, and provides local employment. 3. Recycling will reduce the overall amount of solid waste presently generated within the City of Ukiah ("City"), extend the useful life the City's landfill solid waste disposal facility and thus reduce storage, collection, transportation and disposal costs for the City and its residents. 4. The purpose of this ordinance is to establish a municipal program for the collection, disposal and recycling of recyclable materials within the City. 5. The establishment of such a program is in the public in- terest and serves to promote the general welfare of the City. Section 2. Adoption of New Chapter 7 Entitled Recycling and Anti- Scavenging. A new Chapter 7, entitled "Recycling and Anti- Scavenging" is hereby added to the Ukiah City Code and shall provide as follows: .Chapter 7 RECYCLING AND ANTI-SCAVENGING Sections: 4480 Definitions 4481 Recyclable Material Disposal; General Requirements 4482 Collection Service 4483 Collection Contract 4484 Authorized Recycling Agent; Duties 4485 Provisions Declared Minimum Standards 4486 Separation of Recyclables and Placement For Removal 4487 Receptacle Specifications 4488 Insurance Required of Agent 4489 Rights Under Contract 4490 City Collection Rates 4491 Private Disposal of Recyclable Materials 4492 Collection By Unauthorized Persons Prohibited 4480 - Definitions: For the purposes of this chapter, the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise: A. "Authorized recycling agent" means that person, partner- ship, joint venture or corporation authorized by contract with the City to collect recyclable materials pursuant to this chap- ter. 387 388 B. "Charitable entity" means any organization or other en- tity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. C. "Collect" means to take physical possession of materials at any commercial location, institutional location, multi- residential complex or residential unit of another. D. "Commercial entity" means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and automobile courts. Such definition excludes nonprofit activities such as churches, synagogues charitable organizations, fraternal, service and social clubs. E. "Commercial location" means the premises or site of a commercial entity. F. "Designated collection location" means the place where an authorized recycling agent is to pick up segregated, recycl- able materials. The location is identified by contract between the authorized recycling agent and the City and will customarily be the curbside of a residential neighborhood or the service al- ley of a commercial or institutional entity. G. "Institutional entity" means any location operated by a governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. H. "Institutional location" means the premises or site of an institutional entity. I. "Multi-residential complex" means any residential build- ing, boardinghouse, apartment building, condominium complex, stock cooperative complex, of flats consisting of more than three independent dwelling units. "Multi-residential complex" does not include motel, hotel or automobile court. J. "Person" means any individual, association, partnership, corporation, other organized group, tenant, lessee, business, oc- cupant or owner of real property within the city. K. "Recyclable materials" means any one or more of the fol- lowing categories of materials collected and recycled or salvaged from within the city: 1. Newspapers; 2. Aluminum cans; 3. Glass; 4. Plastic beverage containers; 5. Cardboard; 6. Any other materials designated by resolution of the City Council as recyclable. L. "Recycling" means the process of sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. "Recycling" does not include merely sorting, shredding, stripping, compressing, stor- ing, land filling with, or otherwise disposing of waste or other discarded materials. M. "Residential unit" means any single-family dwelling, duplex, triplex, apartment house of three-dwelling units or less, or condominium complex of three-dwelling units or less. For the purposes of this chapter, each apartment, flat, or dwelling unit of a duplex, triplex, three-unit or less apartment house, or three-unit or less condominium complex shall be considered as a separate dwelling. N. "Segregated recyclable materials" means those recyclable materials which have been separated: 1. By the person from whom they are being collected; 2. From garbage, rubbish and refuse as defined in sections 4407-4409 of th is Code; 389 3. From other recyclable materials pursuant to the instruc- tions of the appropriate authorized recycling agent. 4481 - Rec¥clable Material Disposal; General Requirements: It is the intention of the City to establish a voluntary recy- cling program. No person shall be required to segregate recycl- able materials from other garbage, refuse or rubbish and may dis- pose of such recyclables in any manner authorized or permitted by applicable law for the disposal of garbage, refuse or rubbish. 4482 - Collection Service: A. A recyclable materials collection service program is es- tablished and shall be available as provided in section 4484 to all persons, residences, businesses and institutions in the City for the purpose of providing for the orderly and regular collec- tion of recyclable materials within the City under this program. Creation and operation of a collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the California Public Resources Code and/or charitable entity recycling programs. B. Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling agent, may not be stored or transferred by use of the recycling receptacles described in this chapter, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location, other than for pickup by the authorized recycling agent as defined herein, is prohibited. 4483 - Collection Contract: A. The city council may, with or without having invited bids therefore, enter into an exclusive contract or contracts with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of some or all recyclable materials within the City. Where such a contract or contracts has heretofore or hereafter been entered into between the City and a contractor or contractors for the collection of some or all recyclable materials as herein provided, said contractor or con- tractors shall be an authorized recycling agent for the City as to those recyclable materials covered by the contract. B. If in the determination of the city council said con- tractor or contractors shall have satisfactorily performed such contract or contracts, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of any such contract, extend or renew the same for such a period and on such~ terms and conditions as the city council shall deem necessary and appropriate. 4484 - Authorized Recyclinq Aqent; Duties: The city's official authorized recycling agent or agents must offer recyclable materials collection service to all per- sons, residences, businesses and institutions within the city limits to the extent such service is required by the terms and conditions of any exclusive contract for such service. The city council may establish by resolution additional regulations for the methods of collection of recyclable materials, collection service charges, frequency of pickup, and the civil and/or criminal remedies available for enforcing this chapter. 4485 - Provisions Declared Minimum Standards: The provisions of this chapter shall be the minimum require- ments for the protection of the public health, safety, con- venience and general welfare. 39O 4486 - Separation of Recyclables and Placement for Removal: A. Ail persons who wish to have recyclable materials col- lected under the recyclable materials collection program shall prepare and separate the recyclable materials from other garbage and refuse as required by this chapter or any collection contract entered into by the City, and thereafter have the segregated recyclable materials placed within receptacles as required by this chapter, or within the designated collection location, which shall be collected by the authorized recycling agent. B. Receptacles containing recyclable materials for residen- tial units shall be placed at curbside for collection by the authorized recycling agent; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collec- tion. C. Receptacles containing recyclable materials for multi- residential complex, commercial and/or institutional locations shall be of a size and serviceability as designated by resolution of the city council. 4887 - Receptacle Specifications: A. Pursuant to the terms and conditions of any exclusive contract between the city and any authorized recycling agent, each residential unit shall be provided with suitable and suffi- cient receptacles to store segregated recyclable materials to be made available for curbside collection. The color, style and markings of such receptacles shall be mutually agreed upon be- tween the City and the authorized recycling agent or agents. B. Ail such residential receptacles shall be and remain the property of the City or its authorized recycling agent as estab- lished by the contract between the City and the agent, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials. Persons relocating out of the City shall notify the appropriate authorized agent of such fact and arrange to have the agent collect the receptacles prior to moving. C. It is the duty of every person to maintain receptacles in a reasonably safe and secure manner; and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection there- from and placed such that they will not be a public nuisance or in any degree be offensive. 4488 - Insurance Required of Aqent: Authorized recycling agent or agents shall be considered as and shall be independent contractors and shall act under their own directions as to the manner of performing the work; and they shall keep themselves and all of their employees insured against all liability under California workers' and employees insurance, compensation and safety laws and against public liability and property damage, including all such liability for use or opera- tion of motor vehicles used in the performance of work hereunder. Such public liability insurance shall be to the minimum extent of one million dollars or an amount as may be set from time to time by the city council by resolution for each incident of death or injury to persons and/or property. Evidence of such insurance to the satisfaction of the city attorney shall be filed with the city upon request. 4489 - Riqhts Under Contract: An award of any contract to collect recyclable materials, shall confer upon the entity or entities to whom the contract is awarded the exclusive right as the City's official authorized recycling agent hereunder, during the term of the contract, to collect, transport, sell and dispose of all recyclable materials collected within the City as provided herein, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded thereunder. 4490 - City Collection Rates: The City Council may include in the basic rate for domestic service as provided in section 4443 of this Code and in any other rates for the collection of refuse, garbage or rubbish a charge for the recycling program, which charge may be established from time to time by resolution of the City Council. 4491 - Private Disposal of Recyclable Materials: A. Nothing contained in this chapter shall preclude any person, business or other entity from disposing of segregated recyclable materials without utilizing the city's official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by his or her relatives, employee or employees to an authorized recycl- able materials collection site or station that has been duly ap- proved and authorized as such by appropriate governmental authority or other appropriate authority. B. Nothing herein contained shall prevent any person, busi- ness or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity. C. The use of receptacles or other containers provided by the authorized recycling agent or the collection of such recycl- able materials from any designated collection location is prohibited by anyone other than the authorized recycling agent. D. Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by The Solid Waste Management Resource and Recovery Act of 1972 or the California Beverage Con- tainer Recycling and Litter Reduction Act of 1986. 4492 - Collection By Unauthorized Persons Prohibited: A. From the time of placement of recyclable materials at curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent. B. It shall be a violation of this ordinance for any person unauthorized by the City Council to collect or pick up or cause to be collected or picked up any recyclable material from a designated collection location. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided. C. Any person who violates or neglects to comply with any provision of this ordinance or any resolution or regulation promulgated pursuant thereto, shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. D. As an alternative to criminal enforcement, both the City and the authorized recycling agent have the independent authority to civilly enforce any provisions of this chapter, including the authority to seek injunctive or declaratory relief and treble damages pursuant to California Government Code Section 66764. The City Manager may invoke these remedies, or any of them, when- ever he or she deems it appropriate. The City shall be entitled to recover from the defendant its attorney's fees if it prevails in any legal action to enforce this ordinance. Section 3. Effective Date, Publication. The City Clerk shall publish this ordinance as required by law. This ordinance shall take ef- fect 30 days after its passage. 391 392 The foregoing ordinance was introduced and read by title only at a regular meeting of the Ukiah City Council held on the __f___ day of _Se~kamb~r__, 1989, and adopted on the 20 day of September , 1989, by the following vote: AYES : NOES: None ABSTAIN: None ABSENT: Counci lmember Schneiter Councilmembers Wattenburger, Shoemaker, Hickey and Mayor Henderson