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HomeMy WebLinkAboutOrdinances_2305_CCv0001.pdf ORDINANCE O. 2305 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 13.64, AND REPEALING CHAPTERS 13,68, 13.72, 13.76 AND 13.80, OF THE REDLANDS MUNICIPAL CODE RELATING TO THE REGULATION OF SOLID WASTE THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapters 13.64, 13.68, 13.72, 13.76 and 13.80 of the Redlands Municipal Code are hereby repealed in their entirety and a new Chapter 13.64 relating to the regulation of solid waste is hereby added to the Redlands Municipal Code to read as follows: "CHAPTER 13.64 INTEGRATED SOLID WASTE MANAGEMENT Section: 13.64.010 Purpose, 13.64-020 Definitions. 13.64.030 Exclusive jurisdiction of City. 13.64.040 Authority to establish rates and charges. 13. 4.050 Billing for solid waste services. 13.64.060 Failure to pay charges. 13.64.070 Required. 13.64.080 Unlawful placement of solid waste. 13.64,090 Dumping and burying, 13.64.100 Burning, 13:64,110 Unlawful to interfere with collection. 13.64.120 Unauthorized collection prohibited. 1164.130 Frequency of collection. 13.64.140 Hours of collection. 1 3.64.150 Containers - type. 13.64,160 Sanitation. 1164.170 Service level changes, 13.64.180 Manner of container placement. 13:64.1 0 Shared containers - commercial. 13.64.200 Enclosure requirements-- commercial. 13.64.210 Special collections (roll-off/compactor service). 13.64.220 Removal of containers after collection - automated. 1164,230 Placement of solid waste in containers, 1164.240 Prohibited substances in containers. 11644250 Prohibited substances in green waste containers. 13.64.260 Placement of recyclable materials, Sg=t Gt F, Saa D1,M8 3 51 E 13-64-270 Bulky waste - collection. 13.64.280 Physically challenged/elderly service, 13.64.290 Exemption from service. 13.64.300 Director - authorization to enforce. 13.64.310 Violation - penalty. 13.64.0 t1 Purpose. A. Pursuant to Public Resources Code Sections 40100 et. sem., (the "State Law") the City is mandated to conduct an integrated solid waste management program to reduce, reuse and recycle solid waste to extend the life of its sanitary landfill. The purpose of this Chapter is to establish procedures for the regular collection, transfer, processing and disposal of solid waste from property in the City. To protect the health, safety and welfare of owners and occupants of property in the City, all persons shall participate in the City's solid waste collection program and be responsible for the payment of the solid waste charges established pursuant to this Chapter. B. Solid waste services may be furnished by City personnel, independent contractors franchised by the City, or a combination thereof. For the purpose of regulating the collection of solid waste, including green waste and recyclable materials, the rules and regulations of this Chapter shall be observed by all persons owning or occupying property within the City. 13.64.020 Definitions. For the purpose of this Chapter, the following words shall have the meanings respectively ascribed to them. Words not ascribed a meaning shall have the meaning ascribed by State Law. A. "Automated Collection" means the collection of solid waste, including green waste or recyclable materials, using a specially designed vehicle with mechanical apparatus which empties a container directly into a vehicle without requiring manual labor to empty the container. B. "Automated Collection Container" means a solid waste, green waste or recyclable materials container specially designed for automated collection. C. "Bulky Waste" includes, but is not limited to, objects of furniture, household or industrial metallic discards, auto parts, construction and demolition materials, trees and/or tree trunks larger than six inches in diameter, shipping crates, containers and other large, bulky or heavy objects which cannot be placed in a covered container and discarded by a customer. D. "Collector" means an employee of the City or an independent contractor hA)ruary 15, 1996 DIM8351A 2 authorized by franchise from the City to collect and transport solid waste and/or green waste or recyclable materials. E. "Commercial Bin" means a City-approved bin, usually from one (1) cubic yard to four (4) cubic yards capacity, designed for the deposit of solid waste, including green waste and recyclable materials, which is charged at commercial rates. F. "Compost" means the product resulting from the controlled biological decomposition> of organic wastes. G. "Container" means a City-approved bin, can or receptacle used for collecting solid waste, including green waste and recyclable materials, whether owned by the City, collector, property owner or a tenant. H. "Construction and Demolition Waste" means all non-hazardous waste material and rubble resulting from the construction, alteration, remodeling, repair, removal or demolition of housing, commercial buildings and other structures, including, but not limited to, inert wastes, lumber, bricks, soil, concrete, and plaster, which is customarily handled and transported by means of a roll-off drop box. 1. "Customer" means the owner and/or occupant of any property within the City that is required to participate in the City's solid waste, including green waste and recyclables, collection program. J. "Designated Compost Facility" means a facility which has been designated by the City as a location to which green waste may be transported. K. "Director" means the City's Municipal Utilities Director or his or her designee. L. "Franchise" means the grant of the right and privilege, subject to the terms of a franchise agreement, to collect and transport, to a landfill, or other permitted disposal facility, and/or to recycle solid waste kept, generated, and/or accumulated within the City, from a franchise service area. M. "Green Waste" means tree and shrubbery trimmings, tree roots less than six inches in diameter, vegetation matter resulting from land clearing, grass, weeds, straw, or leaves, wood chips, sawdust and other household garden organic materials which have been segregated from other solid waste materials for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to a designated green waste facility. Green waste does not include palm fronds, cactus or tree limbs, roots or stumps larger than six Inches in diameter. N. "Hazardous Waste" means waste which, because of its quantity, concentration, physical chemical or infectious characteristics causes any of the following: i 15, 1996 1 E 3 illness. 1. An increase in mortality or serious irreversible or incapacitating reversible 2. A substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed. 3. Damage to property and/or contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive or otherwise harmful to the environment. 4. "Hazardous waste" means hazardous waste, extremely hazardous and acutely hazardous waste as these terms are defined by State law, 0. "Household Hazardous Waste" means any hazardous waste, including heavy metals, generated incidental to owning and/or maintaining property, but does not include any waste generated in the course of operating a business at a residence. P. "Industrial Waste" means solid waste resulting from industrial processes and manufacturing operations, including but not limited to, wholesale and volume food- processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes. Q "May" means permissive. R. "Medical Waste" means waste which meets both of the following requirements: 1. is composed of waste which is generated or produced as a result of any of the following: a. Research, diagnosis, treatment or immunization of human beings or animals. b. The production or testing of biologicals. 2. The waste is any of the following: a. Biohazardous waste as defined in California Health and Safety Code, Division 20, Chapter 6.1, Article 2, section 25020.5. b. Sharps waste, including, but not limited to, hypodermic needles, syringes, blades, tubing, acupuncture needles, root canal files, broken glass such as Pasteur pipettes and blood vials. S. "Metallic Discard" means any large metal article or product, or any part thereof, including, but not limited to, metal furniture, machinery, appliances, electronic products, vehicles and wood-burning stoves. Metallic discards are banned by the State of California from all municipal sanitary landfills. T. "Municipal Services Statement" means a billing invoice sent to a customer by the City for use of City-provided utility services. U. "Person" means any person, firm, business, sole proprietorship, partnership, joint F-ebruary 15, 1990 DIP08Sir 4 venture, trust, association or corporation whether for profit or non-profit. V. "Property" means any lot, vacant or Linder construction, building, residence, single family or multifamily, commercial or industrial property, occupied or un-occupied, W. "Recyclable Materials" means those waste materials generated on or emanating from residential, commercial or industrial property that are placed for collection in a City approved' container for recycling and/or composting. Such materials include, but are not limited to, aluminum cans, bimetal cans, cardboard, glass containers, plastic containers, newspaper, paper, and other materials designated as recyclable by the City which, due to their nature, are discarded by the producer. X. "Recyclable Collection Container" means a container, bag, bin, roll-off drop box or other container used to hold recyclable materials placed for collection. Y. "Recycle or Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products. Z. "Recycling Drop-Off Location" means a place where recyclable materials may be dropped off either for payment for goods received or as a donation. AA. "Sanitary Landfill" means a site for solid waste disposal approved by the California Integrated Waste Management Board. BB. "Shall" means mandatory. C . "Solid Waste" means the designated all inclusive term for all putrescible and non-putrescible solid and semisolid waste including; garbage, wet garbage, trash, refuse, ashes, industrial wastes, construction and demolition wastes, bulky waste, manure, vegetable or animal solid and semisolid wastes. Solid waste does not include hazardous or household hazardous waste, medical waste or low-level radioactive waste. 13.64-030 Exclusive jurisdiction of City. A. The collection of all solid waste, including green waste and recyclable materials, within the City shall be performed by the City or under the direction of the City. For such purposes, the City may use City personnel, an authorized collector, or any combination thereof. BIt is unlawful for any person to collect or transport solid waste, including green waste and recyclable materials, except for a citizen transporting solid waste to a sanitary landfill, or green waste to a designated compost facility or sanitary landfill, or recyclable Fobruary 15, 1996 L)j,%1835LF, 5 materials to a recycling drop-off location, unless such person is a collector as herein defined. 13.64.040 Authority to establish rates and charges. Rates and charges, which include processing fees and service charges for all solid waste services, may be established from time to time by the City. 1164.050 Billing and deposit for solid waste services. A. Solid waste charges, including green waste and recyclable materials charges established by the City shall be a civil debt owing to the City by all customers for property receiving solid waste collection services. B. A pre-payment deposit, shall be collected by the City for all "Solid Waste Only" accounts for which solid waste charges are billed separately from other utility services. The deposit shall be applied to the payment of delinquent accounts when a customer fails to pay the collection charge when due, provided that the deposit shall not constitute liquidated damages and the customer shall remain liable to the City for any unpaid charges. C. The City may notice a property owner that an application for a utility account has been received by the City from a person requesting City utility services in a name other than the owner of the property to be serviced, and that in the event of non-payment of any portion of the municipal services statement, any charges for service shall be deemed the responsibility of the property owner and may result in a lien against the property. 1164.060 Failure to pay charges. ASolid waste charges may be included in the City's municipal services statement. Failure to pay any part of the municipal services statement, including the solid waste charge, shall result inrrrrrr the delinquency of such statement, actionable as a civil debt to the City. B. In addition to any other remedies it may have for the collection of delinquent accounts, the City may cause notice of a hearing on delinquent accounts. Such notice shall be mailed to property owners listed as delinquent accounts not less than fifteen days prior to the date of the hearing. At the hearing, the City Council shall hear any objections or protests of such property owners. The City Council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report shall constitute special assessments against the respective parcels of property, and may be placed as a lien on such properties for the arnount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the City Clerk, for the current assessment roll. The lien created attaches upon February 15, 1996 DINA835LE 6 recordation, in the office of the County Recorder, of a certified copy of the resolution of confirmation. All laws applicable to the levy, collection and enforcement of City ad valorem property taxes shall be applicable to such assessment. 13.64.070 Required. The fact that any property is occupied shall be prima facie evidence that solid waste is being generated and accumulated upon such property and that service charges for the collection and disposal thereof are due the City, Every person owning or occupying any property in the City shall keep such property in a clean and sanitary condition and shall not cause or permit solid waste to collect or accumulate upon; provided however, that this provision shall not be construed to interfere with any customer keeping building materials upon property during the construction, reconstruction, or repair of a building or structure thereon under a current valid building permit, nor with the keeping of wood neatly piled upon such property for household use. Every person owning or occupying property in the City shall keep such property in a clean and sanitary condition and shall not cause or permit solid waste to collect or accumulate thereon; provided however, that this provision shall not be construed to interfere with any customer keeping building materials upon property during the construction, reconstruction or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such property for household use, A. Residential. 1. Every customer shall subscribe to automated or non-automated solid waste services. It is unlawful for any customer to keep, accumulate, or permit to be kept or accumulated, any solid waste in or upon any private place unless the same shall be in a container such as herein specified. It is unlawful for any customer to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this Chapter. 2. In the event of the accumulation of solid waste matter upon ally property, the City may remove the waste matter and charge a service fee in an amount equal to the cost of such removal to the customer. B. Commercial. 1. It is unlawful for any customer to keep, accumulate, or permit to be kept or accumulated any solid waste in or upon any property unless the same shall be in a container such as herein specified. It is unlawful for any Customer to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this Chapter. VOMIary 15, 11)96 DIN183SLE' 7 13-64-080 Unlawful placement of solid waste. No person shall deposit, keep, accumulate, permit, or cause any solid waste including green waste and recyclable materials, to be deposited, kept or accurnulatedi in a condition which is offensive, unsightly, detrimental to public health or hazardous from fire upon any property or on any public street, land, alley, or driveway, except as herein provided. No person shall place or deposit, or cause to be placed or deposited, or to allow to remain in the street, alley or right-of-way area adjacent to the property occupied by such person any solid waste, including green waste and recyclable materials, in, into or upon any public street, avenue, alley, right-of-way, or other public place in the City, or in, into, or upon any property, or in or into any river or wash or in the bed thereof, except in the manner and for the purposes permitted by this Chapter, 13.64.090 Dumping and burying. No person shall dump, place, or deposit upon, or bury in any lot, land, street, alley, water or waterway within the City any solid waste, including green waste and recyclable materials or substance condemned by the County Department of Environmental Health Services, or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the County of San Bernardino or its agents as a public sanitary landfill. 13.64.100 Burning. No solid waste, including green waste and recyclable materials, shall be burned in the open air within the City. 13,64.110 Unlawful to interfere with collection. No person shall interfere with or obstruct the collection or disposal of solid waste, including green waste and recyclable materials. 13.64.120 Unauthorized collection prohibited, A, When solid waste, including green waste and recyclable materials, is placed For the purpose of collection, it shall become the property of the City or its authorized agent, and it shall be unlawful for any person other than an owner thereof, its agents and employees, to remove or cause to be removed, tamper or meddle with any solid waste, including green waste or recyclable materials, regardless of whether or not such container conforms to the requirements set forth by this Chapter. B: Each collection in violation of this Chapter shall constitute a separate and distinct violation punishable as provided in this Chapter, Fpbruwy 15, 1996 ONA83511 8 C. Nothing in this Chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of recyclable materials, provided that any such disposal Is in accordance with the provisions of this Chapter. 13.64.130 Frequency of collection. A. Residential. Solid waste, including green waste and recyclable materials, shall be collected a minimum of once a week, and all solid waste, including green waste and recyclable materials, shall be removed from the property and disposed of in such a manner as not to become a nuisance or danger to public health. B. Commercial. Solid waste shall be collected a minimum of once each week, excepting from those properties which generate food waste (i,e., restaurants). Multifamily residences shall be collected a minimum of twice each week. The City may require a greater number of collections per week for establishments with commercial collection as deemed necessary to comply with the provisions of this Chapter and for the protection of the public health, safety and welfare. 13.64.1 40 Hours of collection. All containers placed for collection shall be in their designated collection areas no later than 6:00 a.m. for collection of the container between the hours of 6:00 a.m. and 2:30 p.m., or later, Monday through Saturday. Collection times are subject to change and may vary from week to week. An additional service charge may be assessed for any container placed for collection after 6:00 a.m., upon which the customer reports to the Solid Waste Division as being missed for collection and is subsequently collected after said route has already been completed. 13.64.150 Containers - type. A. The Director shall prescribe suitable kinds of new or replacement solid waste containers and covers in which solid waste, including green waste and recyclable materials, shall be placed and kept for collection. All customer owned containers placed in service shall have prior approval of the Director for compatibility with collection equipment, All custorner owned containers shall be clearly marked with the customer's name and address. 1. Automated containers. -i. The City shall provide automated solid waste, including green waste, containers. b. Automated containers are the property of the City and are assigned to the property. Customers shall not remove containers from the assigned property. 1 ebruary 15, 1996 F 9 c. No customer shall mark, deface or alter any City owned and assigned container. d. If an assigned container is stolen or damaged, through no fault of a customer, the City will provide a free replacement. 2, Non-automated containers. Residential or commercial property that cannot be serviced by the automated collection method or commercial property that cannot be serviced by commercial bin collection, as determined by the Director, shall comply with the following specifications: a. Each solid waste container shall be sufficiently durable (metal, PVC, hard rubber) to withstand repeated handling in all types of weather and conditions. Handles shall be sturdy enough to endure repeated lifting without detachment. A tight-fitting cover must be used. The use of plastic bags, boxes, fifty-gallon oil drums or portions of such drums and cardboard barrels is prohibited. All containers shall be free of sharp edges, splinters, protruding nails, or other conditions dangerous to collection personnel. b. Containers shall not exceed thirty-two gallons in capacity nor sixty- five pounds gross weight or twenty pounds empty. c. If this section isnot fully complied with, the City may designate the container as unfit for service and a potential safety hazard to collection personnel. No collection shall be made therefrom until said container is fully repaired, replaced or altered to be in compliance with this Chapter. 1 Bins. For commercial bins that are rented from the City, the City shall provide all mechanical maintenance and repair including container replacement at such time the container is deemed unserviceable by the Director, a. Front loader bins shall be no smaller than one (1) cubic yard and no larger than five cubic yards, with side channel pickup, and Must be compatible with collection equipment. b. Rear loader bins shall be no larger than three cubic yards and must be compatible with collection equipment. c. Commercial bins may be secured through the installation of a locking bar device to prevent unauthorized collection, tampering and unauthorized placement of solid waste, yet shall be accessible for disposal and collection of solid waste, green waste, and recyclable materials by authorized persons. A locking bar device may be obtained through, and installed by, the City at an additional charge determined by the City. The customer shall provide the lock, retain the key, and ensure that the bin remains accessible for collection during collection hours. Additional charges may be assessed, as F-�2t7rWlry 15, 1996 DN18351 F 10 determined by the City, for additional trips to service a previously locked bin. 4. Roll-offs or Compactors. Roll-off or compactor drop boxes shall be no larger than forty cubic yards and shall be compatible with City collection equipment. 5, For non-City owned containers; if this Chapter is not fully complied with, the City may deem the container as unfit for service and a potential safety hazard to collection personnel. No collection shall be made therefrom until said container is fully repaired, replaced or altered to be in compliance with this Chapter. Written notice will be provided indicating required repairs or replacements by the City. The City will provide, at current bin rental charges, temporary bins to maintain the required solid waste collection services without interruption until noticed requirements are satisfied. 13.64.160 Sanitation. A. All containers shall be kept in a clean and sanitary condition at all times by the customer. Containers shall be kept covered at all times, except when solid waste, including green waste and recyclable materials, is being deposited therein or removed therefrom, and shall at all times be secure and free from leaks. B. Periodic cleaning of customer-owned commercial bins and commercial bins rented from the City shall be the sole responsibility of the customer. A fee shall be assessed for this service to the customer, whether requested by the customer, the County Health Officer or as deemed necessary by the Director. 13.64.170 Service level changes. A. Residential. Any customers establishing a new solid waste account with the City shall have the option at that time to change the existing automated container configuration established by the previous customer. Subsequent service level changes requested are subject to a service charge, as determined by the City. Service level changes are permissible during the month of "June" each year at no charge. A service charge does not apply to repairs on automated containers or replacement of stolen automated containers, through no fault of the customer. B. Commercial. Any customer establishing a new solid waste account with the City shall have the option at that time to select an adequate commercial service level based upon the individual needs of such customer. Subsequent service level changes requested are subject, to a service charge, as determined by the City. A service charge does not apply to repairs or replacements of City owned commercial bins made necessary through no fault of the customer. 13.64J80 Manner of container placement. A. Automated service. Automated solid waste, green waste and recyclable February 15, 1996 Ojmm�r 11 material containers for residential property shall be placed for collection at the City designated collection location. 1 . In portions of the City where an alley abuts the property, all containers for collection shall be placed adjacent to the alley as close as possible to the property line; provided, however, that where such placement is impractical, such containers shall be placed for collection as directed by the Director. 2. Where there is no alley, all autornated containers shall be placed for collection at the most logical street frontage location, however, where such placement is impractical, such container shall be placed for collection as directed by the Director. 3. Containers shall be placed in the street at the curb, or such place as if a curb did exist, or on the parkway, as close to the curb as possible. No container shall be placed on any sidewalk. 4. Containers shall not be placed within three (3) feet from any obstacle, such as a parked vehicle, fence, lamp post, mailbox and at least one (1) foot from any other container. 5. Containers must be placed with the handle facing the property. 6. No container shall be placed inside a closed building. 7. It shall be the customer's responsibility to provide means of ingress and egress, adequate collection vehicle turning radius, vertical and horizontal clearance for collection personnel and equipment. Any customer who refuses the aforementioned provisions shall be charged an extra fee for such service. 8., in all cases of disputes or complaints arising from, or concerning the placement of automated or non-automated containers while awaiting the removal of their contents, the Solid Waste Manager shall designate the placement of said containers which decision shall be final. B. Commercial service. All commercial containers shall be placed in a location approved by the Solid Waste Manager which shall be easily accessible to collection personnel and equipment. 1 . it shall be the customer's responsibility to provide means of ingress and egress, adequate collection vehicle turning radius, vertical and horizontal clearance for collection personnel and equipment. Any customer who refuses the aforementioned provisions shall be charged a fee for such service by the City. 2. No container shall be placed inside closed a building. febrOary �5, �996 12 DIM8151Y C. Disputes, In all cases of disputes or complaints arising from, or concerning the placement of bins or drop bodies, written notice shall be given to the City. In all cases of disputes or complaints, the Director shall forthwith designate the place and the decision shall be final. 13.64.190 Shared containers-commercial service. A. Commercial units that share containers will have rates established by the City. B. When physical limitations make it impractical to locate a commercial container on the property of the business utilizing the container and for the purposes of public health, safety and welfare it may become necessary to either: 1 . locate the container on adjacent property, or 2. require two or more businesses to share a container. 13.64.200 Enclosure requirement- commercial. A. Bin enclosure specifications shall be required to be submitted for approval to the Solid Waste Division prior to construction as part of the development and planning process. B. The enclosure(s) may be secured to prevent unauthorized collection, tampering, and unlawful placement of solid waste, green waste, or recyclable materials, but must be accessible to collection personnel during hereinbefore stated collection hours. Additional charges may be assessed, as determined by the City for additional trips to service a previously locked enclosure. C. Each development project, as that term is defined in Public Resources Code Section 42905, for which an application for a building permit has been submitted after the effective date of this Chapter, shall conform to the requirements of the "model ordinance" adopted by the California Integrated Waste Management Board and required by the California Solid Waste Reuse and Recycling Access Act of 1991 (Public Resources Code Section 42900 et. M) relating to the provision of adequate areas for collecting and loading recyclable materials. 13.64.210 Special collections (roll-off/compactor service). Roll-off service is made available by application with the Solid Waste Division, including payment arrangements, for use by Customers requiring special disposal services, including building contractors for regular solid waste disposal. A copy of the roll-off service policies and procedures will be provided upon application. Additional fees, as established by the City, maybe charged for non-compliance or violation of the terms of the contractual february 15, M6 DIN4835LE 13 arrangement. 13.64.220 Removal of containers after collection - automated. It shall be the responsibility of every customer placing a solid waste, green waste or recyclable material container in, or upon any street, sidewalk, curb or alley for collection to remove such container from the designated collection site as soon as possible after the containers have been collected, and in any event no later than 10:00 p.m. on the designated collection day. It shall be unlawful for any person to fail or refuse to perform such duty and shall be charged a service fee for each violation. 13.64.230 Placement of solid waste in containers, A. All solid waste, green waste, or recyclable=materials placed in automated or non-automated containers shall be placed loosely in said container so as to insure ease of disposal. No overloaded containers, either by volume or weight, shall be collected. B. Customers shall flatten or dismantle boxes or cartons of cardboard, which cannot be set aside for recycling, or other materials to provide the maximum volume of waste matter in containers. C. Ashes shall be thoroughly moistened to prevent scattering and shall be bagged, wrapped or boxed prior to being placed in the container, D. Animal feces, other than manure, and personal care products which are unsanitary and offensive shall be securely wrapped. E. All solid waste created, produced, or accumulated at hotels, restaurants and other business establishments containing food waste shall be drained and placed in plastic, watertight, heavy-duty bags prior to being placed in solid waste containers for collection. F. Until removed by the collector, the customer shall be responsible for the clean-Lip of any and all discards which the customer has generated, dumped, spilled or otherwise lost or littered, notwithstanding human or animal interference, wind or other natural forces and weather during storage, collection, removal, or transfer. The collector shall be responsible for any discards spilled during collection, removal or transfer by the collector. 13.64.240 Placement of green waste in containers. A; All property required to to participate in the City's green waste collection program shall place all green waste, as herein defined, within the designated green waste 0 container. Property not subject to the green waste collection program may place green waste, as herein defined, in the household waste container, until otherwise notified of February 15, 1996 D)NA8351f, 14 requirement to participate. B. Any customer may make application for exemption from participation in the City's green waste collection program, provided that the application shall be made in affidavit form, fully sworn to by the customer making the application, and filed with the Director, along with payment of the processing fee, and the following criteria is met: 1. A licensed landscaper removes all green waste from the premises, or 2. The customer removes all green waste from premises, or 3. The customer practices backyard composting and grass cycling, thereby not generating green waste requiring collection, or 4. The property is under construction, and no green waste is generated. Any property exempted from the program is subject to periodic, random inspections of containers placed for collection by the City, and evidence of green waste contained therein shall result in reinstatement of full participation for the entire current period with no further exemption permitted. 13.64.250 Prohibited substances in solid waste, green waste or recyclable material containers. A, No person shall dispose of dangerous and infectious substances, such as medical and hazardous waste as herein defined, in any solid waste, including green waste or recyclable materials container for collection by the City. B. No person shall place or deposit in any solid waste, including green waste or recyclable materials container for collection by the City wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any property where an infectious or contagious disease has prevailed shall forthwith notify the County Health Officer and shall dispose of such articles as directed. C. No person shall place or deposit in any solid waste, including green waste or recyclable materials container for collection by the City tires, asphalt or metallic discards. C If the provisions of this Chapter are riot fully complied with, the collector shall place a tag on the container so stating. No collection shall be made until the provisions of this Chapter are complied with. 13.64.260 Prohibited substances in solid waste, green waste or recyclable material containers. A, No person shall dispose of dangerous and infectious substances, such as medical and hazardous waste as herein defined, in any solid waste, including green waste February 15, 1996 f 15 or recyclable materials, container for collection by the City, B. No person shall place or deposit in any solid waste, including green waste or recyclable materials, container for collection by the City wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any property where an infectious or contagious disease has prevailed shall forthwith notify the County Health Officer and shall dispose of such articles as directed. C, No person shall place or deposit in any solid waste, including green waste or recyclable materials, container for collection by the City tires, asphalt or metallic discards. D. If the provisions of this Chapter are not fully complied with, the collector shall place a tag on the container so stating. No collection shall be made until the provisions of this Chapter are complied with. E. No animal waste or inert non-compostable products such as dirt, rock, concrete, painted or treated wood, wood containing nails or screws, plastic bags, glass, paper, razor blades, metal, chemicals, food scraps, or other substances rendering green waste unfit for production of soil amendments or compost shall be mixed therewith. 13.64.2 70 Placement of recyclable materials. Properties located in areas of the City that are included in the City's residential curbside recycling program shall place the recyclable materials in the container provided by the City curbside prior to 6:00 am., on the regular solid waste collection day, for automated customers. Recyclable material collection for non-automated customers shall occur on the automated collection day for their specific area. 13.64.280 Bulky Waste. Bulky Waste items shall not be placed within residential or commercial solid waste, green waste or recycling material containers. Upon request, and for an additional charge, the Director may arrange special collection of these items. 13.64.290 Physically challenged/elderly service. A. Physically challenged and/or elderly customers with infirmities, who do not have an able-bodied person assisting with 'their household activities, may receive set out/set back service for automated containers upon written request to the City. Tile request shall describe the infirmity and/or other factors which require the applicant to receive such service. For those pet-sons who are approved for the service., there shall be no extra charge, A special designation shall be made to alert the collector to provide the service, which shall continue until terminated by the Director. rebruary 15, IT)() [)�kmmm 16 B. For automated residential customers involving special on-premises collection, as with those stated above, containers shall be freely accessible and not be placed inside closed buildings or a gated area. 13.64.300 Exemption from service. A. Any customer may make application for exemption from solid waste collection services on the basis that a developed property is Unoccupied, and that no solid waste, including green waste and recyclable materials shall be placed or offered for collection by the City or its designated collector, from such property. The Director may exempt such property from participation in the City's solid waste collection program; provided, that any such statement or representation shall be made in affidavit form, fully sworn to by the person making such statement or representation and filed with the Director along with payment of the applicable fee. An exemption shall be valid only for the time that the statements made in the affidavit continues to be true. Any violation of provisions of the exemption shall result in reinstatement of full participation for the entire current period with no further exemption permitted. 13.64.310 Director - Authorization to Enforce The Director is authorized to enforce the provisions of this Chapter, and shall, in accordance with the law, have the right to inspect the exterior of all property for the purpose of determining sanitary conditions and whether the provisions of this Chapter are being observed. Any person denying or obstructing such inspections shall be subject to the penalties herein provided. 13.64.320 Violation - Penalty, Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. Section 2. Severability. In the event any section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the validity of the remaining portions of this Chapter shall not be affected thereby. NbrUary 15), 1996 DJN48 J 5 Lt 17 Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City and thereafter, this ordinance shall take effect as provided by law. Mayor of the City of Redlands ATTEST: City Clerk 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the - day of 1996, by the following vote: AYES: NOES: ABSTAIN: ABSENT: City Clerk of the City of Redlands February Ti, 1996 T')Jm8i'm f, 18