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5159a AS FOLLOWS: ORDINANCE NO. 5159 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.10 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SANITATION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN q,PrTTnM 1 That Chapter 10.10 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Chapter 10.10 WASTE COLLECTION AND DISPOSAL 10.10.010 DEFINITIONS For purposes of this Chapter, the following words, terms phrases and their derivations shall have the meanings specified herein. .010 "Bulk containers" shall mean containers or bins having a capacity of approximately three (3) cubic yards and furnished or supplied by the City or its Contractor. .020 "City" shall mean the City of Anaheim. .030 "Commercial and Industrial Solid Waste" shall mean solid waste generated, produced, or discarded by commercial or industrial establishments including, but not limited to, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, schools, and any other organization or business whether wholesale, retail, or service in nature, including nonprofit organizations. .040 "Compost" shall mean the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream. Compost waste consists of leaves, cuttings, trimmings, shrubs and grass. .050 "Construction and Demolition Waste" shall mean any waste resulting from the construction, reconstruction, demolition, or repair of any premises in the City. .060 "Contractor" shall mean any person, persons, firm or corporation entering into a contract with the City for the collection and disposal of solid waste. A .070 "Director" or "Director of Maintenance" shall mean the Director of Maintenance of the City of Anaheim, or his designated representative. .080 "Garbage" shall mean all animal and vegetable refuse resulting from the preparation, handling or dispensing of food, including every accumulation of animal and vegetable matter that attends the preparation, consumption, decay, dealings in or storage of meats, fish, fruits, vegetables, tallow, bones or meat trimmings that are rejected as useless by the owner or producer thereof. .090 "Hazardous Waste" shall mean a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste. .100 "Household Hazardous Waste" shall mean those solid waste materials resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly stored, treated, disposed, or otherwise managed. .110 "Infectious Waste" shall mean any waste incidental to, and resulting from, the operation of any hospital, medical clinic, doctor's office, veterinary clinic, or residential sickroom and as defined in Section 25117.5 of the California Health and Safety Code. .120 "Nuisance" shall mean anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the confortable enjoyment of life or property, or any other condition specified in Section 3479 of the Civil Code of the State of California. -2- a .130 "Recycle" or recycling" shall mean 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 which meet the quality standards necessary to be used in the marketplace. .140 "Recyclable materials" shall mean newspaper, cardboard, computer paper, ledger paper, magazines, glass, aluminum cans, plastic containers, tin cans, plastic bottles, miscellaneous paper, and telephone books. The Director of Maintenance is authorized to designate additional materials as recyclable, and shall give appropriate notification of such designation to the public. .150 "Refuse" shall mean all non -recyclable solid waste, trash, rubbish, offal, animal waste, and any other non -recyclable matter rejected as useless by the owner or producer thereof, whether combustible or non-combustible, except said term shall not include garbage, hazardous waste, household hazardous waste or infectious waste as defined in this Chapter. .160 "Residential Solid Waste" shall mean solid waste, including recyclable materials, originating from single-family or multiple family dwellings and their immediate premises, except said term shall not include household hazardous waste. .170 "Residential Solid Waste Container" shall mean containers having a capacity of either approximately 110 gallons or 60 gallons and furnished or supplied by the City or its Contractor. Residential Solid Waste Containers shall be colored black for refuse material and green for recyclable material and such other combinations of containers and colors as deemed necessary by the Director of Maintenance. .180 "Solid Waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes including recyclable materials, except said term does not include hazardous waste or household hazardous waste. 10.10.020 SUPERVISION OF COLLECTIONS AND/OR CONTRACTORS .010 The City of Anaheim shall provide for the collection and disposal of solid waste, including refuse, recyclable materials and compost, from residential, commercial -3- a and industrial establishments within the City either by private contract for such collection and disposal or by such other methods as authorized by the City Council. .020 The City and its duly authorized agents and employees, or Contractors and their duly authorized agents and employees, shall have the exclusive right to gather, collect and dispose of solid waste, including refuse, recyclable materials and compost, from all premises in the City in accordance with the provisions of this Chapter; provided, however, the occupant of any residential dwelling unit may, in a lawful manner, dispose of any solid waste which has accumulated on the occupant's own premises and exceeds a normal week's accumulation. .030 Recyclable materials which are placed within the public right of way or within a container furnished by the City or its Contractor for collection purposes shall become the property of the City. It shall be unlawful for any person other than the employees or Contractors of the City acting in the scope of their agency or employment to remove such material from the public right of way or container, or transport over the public streets of the City any recyclable material so removed. .040 The Director or his designee shall have charge and supervision of such collection and disposal and shall prescribe and establish the routes and days thereof. When such routes and/or days of collection are established or changed, the Director shall give appropriate notice thereof to the public. .050 The Director may establish such procedures as deemed necessary for reporting of materials reduced, recycled or composted by business establishments licensed to do business within the City of Anaheim to determine quantities of materials pertaining to the achievement of reduction and recycling goals of 25 percent by 1995 and 50 percent by 2000 as set forth in Section 41780 of the Government Code. 10.10.030 SPECIFICATIONS FOR SOLID WASTE CONTAINERS .010 Solid waste containers, including, but not limited to, residential containers, bulk containers and recyclable material containers, shall be furnished by the City or its Contractor, unless otherwise exempted or specifically approved by the Director. .020 Each container shall be kept in a clean and sanitary condition by the owner or person in charge of the premises which said container serves. -4- i .030 The combined weight of each solid waste container and the contents thereof shall not exceed 300 pounds, and contents shall not extend more than two feet above the level rim of the container. 10.10.040 PROCEDURES FOR THE HANDLING AND STORAGE OF SOLID WASTE Solid waste shall be placed directly into solid waste containers except as hereinafer provided: .010 Garbage shall first be drained and wrapped to eliminate odor, leakage and fly and rodent infestation before being placed in solid waste containers. .020 Waste and manure from animals, except that generated from farms or stables, shall first be placed in moisture resistant bags, securely sealed to prevent leakage, odor, and fly and rodent infestation before being placed in solid waste containers. .030 Infectious waste shall be stored, transported and disposed of in accordance with Article 13 of the California Administrative Code. .040 Ashes and dust shall be placed in disposable bags securely sealed to prevent leakage before being placed in solid waste containers. .050 Grass clippings, cutting, leaves and other smaller vegetation including shrubs, brush and tree trimmings cut into short lengths shall be placed in solid waste containers or other containers as specified by the Director of Maintenance. .060 Boxes and crates shall be dismantled or flattened and placed in solid waste containers. .070 Construction and demolition waste or manure from farms and stables shall be stored in approved containers in a manner so as not to create a nuisance, and at a location approved by the Director. .080 It shall be unlawful for any person occupying or having control of any premises to introduce refuse, contaminated material or any materials which are not recyclable into a solid waste container designated for recyclable materials. .090 Every person occupying or having control of any premises shall insure that a sufficient number of solid waste containers are available to properly store all solid waste generated at said premises. -5- i .100 Hazardous and household hazardous waste shall not be placed and/or stored in solid waste containers but shall be disposed of as hereinafter specified and in accordance with Chapter 6.5 of Division 20 of the California Health and Safety Code. 10.10.050 PLACEMENT OF CONTAINERS FOR COLLECTION .010 Every person occupying or having charge or control of any residence shall place all solid waste, recyclables and compost waste for collection at a curb, parkway, or alley adjacent to the premises, the exact location of which shall be approved by the Director. The Director may also approve alternate locations which are readily accessible for collection. .020 Residential solid waste shall be placed for collection at the prescribed location only between the hours of 4:00 p.m. of the day prior to collection and 7:00 a.m. of the day of collection. Containers shall be removed no later than 12:00 midnight the day of collection and shall be stored in an area screened from public view. .030 Residences utilizing bulk containers, unless said containers are stored in an approved enclosure accessible for collection, shall place such containers for collection and remove same on a time schedule approved by the Director. .040 Commercial and industrial establishments shall place solid waste for collection at a location determined and approved by the Director. .050 Commercial and industrial establishments shall place solid waste for collection no earlier than closing time the day prior to collection. Reusable containers shall be removed no later than 10:00 p.m. the day of collection and shall be stored in an area screened from public view. .060 Commercial and industrial establishments utilizing bulk containers shall, unless said containers are stored in an approved enclosure accessible for collection, place such containers for collection and remove same on a time schedule approved by the Director. 10.10.060 FREQUENCY OF SOLID WASTE COLLECTION Solid waste collections shall be made as follows: .010 Single-family dwellings, duplexes, triplexes, and apartments of four or less units shall receive one solid waste collection of refuse per week and not less than one solid waste collection of recyclable material every two weeks. i .020 Apartment complexes of five or more units shall use bulk containers provided by the City or its Contractor, unless otherwise approved by the Director. Apartment complexes of fewer than five units, condominium complexes and mobile home parks may use bulk containers provided by the City or its Contractor. Any such complex or park using bulk containers shall receive one of the classes of services specified in subpargraph .050 hereof, as determined appropriate by the Director. .030 Every person occupying or having control of any residence within such complexes or parks shall place recyclable materials in such bulk containers as specified by the Director. .040 Collection shall be made from a maximum of one City approved solid waste container from commercial and industrial establishments once per week. Establishments requiring collection of more than one container per week shall use bulk containers supplied by the City or its Contractor. Such establishments using bulk containers shall receive one of the classes of services specified in subparagraph .050 hereof, as determined appropriate by the Director. .050 The following levels of collection are available to those premises utilizing bulk containers: Class A - One collection per week of one or more bulk containers. Class B - Two collections per week of one or more bulk containers. Class C - Three collections per week of one or more bulk containers. Class D - Four collections per week of one or more bulk containers. Class E - Five collections per week of one or more bulk containers. Class F - Six collections per week of one or more bulk containers. Class G - Special services which are provided at construction -demolition sites, farms, stables, and those establishments at which regular solid waste collection is made impractical by virtue of the character or quantity of the solid waste, shall be collected at a frequency established by the Director. -7- a 10.10.070 PROCEDURES FOR THE DISPOSAL OF HAZARDOUS AND HOUSEHOLD HAZARDOUS WASTE Every person occupying or having charge of any residential premises in the City shall, at least once every ninety days unless more frequent disposal is required, dispose of all hazardous and household hazardous waste which has accumulated at such premises. Hazardous and household hazardous waste shall not be placed for regular collection but shall be disposed of as hereinafter specified or in a lawful manner in accordance with Chapter 6.5 of the California Health and Safety Code. .010 Group 1 materials such as caustics, toxics, acids, chemicals, paints, and liquids, shall be disposed of by the owner or possessor thereof only at an approved Class 1 disposal site. The waste must be in its original container and labeled clearly. The containers must be sound and not leaking. Glass containers must be protected from breakage. .020 Radioactive materials shall be disposed of by the owner or possessor thereof under the supervision of the Orange County Health Department. .030 Explosives or highly flammable material, including small arms ammunition, war souvenirs, or black powder shall be disposed of by, or under the supervision of, the City Fire Department. .040 Abandoned, inoperative or dismantled vehicles or major component parts thereof shall be disposed of as specified in Chapter 6.80 of this Code. .050 Dead animals shall be disposed of by, or under the supervision of, the Orange County Animal Shelter. 10.10.080 ENCLOSURES FOR SOLID WASTE CONTAINERS .010 Solid waste container enclosures shall be required for any construction, reconstruction, or alteration of any multiple -family dwelling, or commercial or industrial establishment within the City for which a building permit is required after the effective date of this Section. All such enclosures shall be constructed in accordance with specifications approved and on file with the Director and the Building Division. Required building permits shall not be issued until the Director has approved the size, design and location of said enclosures. .020 Enclosures shall be used solely for the storage of solid waste containers and shall be maintained in a safe, clean, and usable condition. am a 10.10.090 TRANSPORTATION OF SOLID, INFECTIOUS OR HAZARDOUS WASTE .010 Any vehicle used for the transportation of solid, infectious, hazardous or household hazardous waste shall be so constructed as to prevent the loss, spillage, or leakage of its contents and in accordance with Chapter 6.5 of Division 20 of the California Health and Safety Code. .020 The amount of waste transported shall not exceed five gallons or fifty pounds. .030 The waste shall be segregated from passengers during transport. 10.10.100 EMERGENCIES The Director may, at his discretion, issue limited or temporary permits to anyone to perform any of the services covered by this Chapter during any period of emergency as determined by the Director. Any permit so issued shall be subject to such reasonable fees and conditions as the circumstances may warrant and as the parties involved may agree upon, provided that such fees received from, or paid to , anyone under this Section for any period exceeding fifteen days shall require approval of the City Council. 10.10.110 ILLEGAL DISPOSAL OF SOLID, INFECTIOUS OR HAZARDOUS WT=' It shall be unlawful for any person to throw, place, scatter or deposit any solid, infectious or hazardous waste, in, upon, or below the land of another, or upon any public property or right-of-way, except as herein authorized, or to throw, place, scatter or deposit any said waste in, upon or below the surface of any premises in such a manner that the same is or may become decayed, putrid, a nuisance or otherwise endanger the public health or safety. 10.10.115 FAILURE TO CORRECT AFTER NOTIFICATION Any person who is the owner, person in control of premises in the City after written notice of a violation from wilfully fails or refuses to correct such Chapter within the time specified on such be guilty of an infraction. 10.10.120 ENFORCEMENT PROVISIONS tenant, lessee, or of Anaheim, and who, the City of Anaheim, violation of this written notice shall .010 The Director or his authorized representative shall have, upon probable cause, the authority to enter and inspect, at any reasonable time, any premises to investigate suspected or reported violations of this Chapter. Enforcement enforce the 1.01.389 of W .020 The Code Officers shall provisions of this Code. Enforcement Manager and Code have the duty and authority to this Chapter pursuant to Section .030 Violation of Sections 10.10.020.030, 10.10.070, 10.10.090 and 10.10.110 of this Chapter is hereby declared to be a misdemeanor punishable as set forth in Section 1.01.370 of this Code. .040 Violation of any of the remaining provisions of this Chapter is hereby declared to be an infraction punishable in accordance with the applicable provisions of the California Penal Code." SECTION 2 The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3 Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. .qFCTTnN 4 The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -10- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 21st day of August, 1990. ATTEST: MA OR OF ;THE CIYY OF r HEIM CITY CLERK OF THE CITY OF ANAHEIM LAMM:dnl:kh 3647L 062290 -11- a CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5159 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of August, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5159 on the 22nd day of August, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of August, 1990. CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5159 and was published once in the Anaheim Bulletin on the 31st day of August, 1990. Y A --m I;k CITY CLERK OF THE CITY OF ANAHEIM (SEAL)