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3907ORDINANCE NO. 3907 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTERS 6.20 AND 6.21 OF TITLE 6 AND CHAPTER 10.12 OF TITLE 10, AND ADDING NEW CHAPTERS 10.10 AND 10.12 TO TITLE 10 AND NEW SECTION 6.56.080.TO TITLE 6r CHAPTER 6.56 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SANITATION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapters 6.20 and 6.21 of Title 6, and Chapter 10.12 of Title 10 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 2. That new Chapter 10.10 be, and the same is hereby, added to Title 10 of the Anaheim Municipal Code, 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 commerical or industrial establishments including, but not limited to, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of --- entertainment, manufacturing plants, private schools, and any other organization or business whether wholesale, retail, or service in nature, including non-profit organizations. .040 "Construction and Demolition Waste" shall mean any waste resulting from the construction, reconstruction, demolition, or repair of any premises in the City. -1- .050 "Contractor" shall mean any person, persons, firm or corporation entering into a contract with the City for the collection and disposal of solid waste. .060 "Director" or "Director of Public Works" shall mean the Director of Public Works of the City of Anaheim, or his designated representative. .070 "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. .080 "Medical Waste" shall mean any waste incidental to, and resulting from, the operation of any hospital, medical clinic, doctor's office, or residential sickroom. .090 "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 comfortable enjoyment of life or property; or any other condition specified in Section 3479 of the Civil Code of the State of California. .100 "Refuse" shall mean all waste, refuse, trash, rubbish,' offal, leaves, cuttings, trimmings,- shrubs, grass, animal waste, and any other matter rejected as useless by the owner or producer thereof, whether combustible or noncombustible, except said term shall not include garbage, medical waste, or special waste as defined in this Chapter. .110 "Residential Solid Waste" shall mean solid waste generated,.produced, or discarded in the normal operation and function of a household. Such household may be a single-family residence, duplex, triplex, apartment or mobile home. .120 "Solid Waste" shall mean garbage, refuse, medical waste, and construction and demolition waste as defined herein. .130 "Special Waste" shall mean explosives, flammable or hazardous materials, dead animals, discarded motor vehicles .-_ or major components thereof, or any bulky or heavy items or debris which exceed the maximum size or weight limitations for solid waste containers as set forth in this Chapter. -2- 10.10.020 SUPERVISION OF COLLECTIONS AND/OR CONTRACTORS .010 The City of Anaheim shall provide for the collection and disposal of solid waste from residential, commercial 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 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 such occupant's own premises. .030 The Director 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. 10..10.030 SPECIFICATIONS _FOR .SOLID WASTE CONTAINERS Each solid waste container shall, unless otherwise' exempted by this Chapter or specifically approved by the Director, comply with the following specifications: .010 Reusable solid waste containers shall be made from galvanized steel, durable plastic or other material approved by the Director. Said containers must taper from top to bottom, be fitted with handles or bails, and be equipped with tight -fitting lids which shall be removed only when filling or emptying. Total capacity of said containers shall not be less than 20 gallons nor more than forty gallons, and the combined weight of each container and contents thereof shall not exceed a total of 65 pounds. Metal -drums or barrels which have been cut, altered or trimmed to meet the size limi- tations of this Section shall not be permitted. Solid waste containers complying with the provisions of this paragraph shall be deemed "standard size" containers for purposes of this Chapter. .020 Disposable .containers,including plastic bags or pasteboard boxes which have been closed to prevent any leakage or loss of contents shall be permitted. Said containers shall have a maximum capacity of 40 gallons and a maximum weight when filled of 65 pounds. Said containers shall not be filled beyond their maximum capacity. Paper grocery bags and similar containers shall not be permitted. -3- .030 Bulk containers approved by the Director and supplied by the City or its Contractor shall be permitted. .040 Each reusable standard size or bulk container shall be kept in a clean and sanitary condition by the owner or person in charge of the premises which said container serves. 10.10.040 PROCEDURES FOR THE HANDLING AND STORAGE OF SOLID WASTE. Solid waste shall be placed directly into solid waste containers except as hereinafter 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 Medical waste shall be placed in securely sealed plastic bags before being placed in solid waste containers. Hypodermic needles and other sharp objects shall be broken or otherwise rendered blunt and useless before being discarded. Said objects shall be put into their original or a similar container, placed in a plastic bag and tied securely before being placed in solid waste containers. .040 Ashes and dust -shall be placed in expendable bags securely sealed to prevent leakage before being placed in solid waste containers. .050 Newspapers, if securely tied into bundles not exceeding 18 inches in height nor 65 pounds each in weight, need not be placed in solid waste containers for collection. .060 Shrubs, brush and tree trimmings shall be cut into lengths not to exceed four feet and, either securely tied into bundles not exceeding 65 pounds each, or placed in disposable containers such'as plastic bags or cardboard boxes, the total weight of which, when filled, shall not exceed 65 pounds each. Grass clippings, cuttings, leaves and other smaller vegetation may be placed in either disposable or reusable solid waste containers having a maximum weight when filled of 65 pounds each. .070 Boxes and crates shall be flattened and tied into bundles not to exceed four feet in length, three feet in width and two feet in height. Each such bundles shall not exceed 65 pounds in weight. -4- .080 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. .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. 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 for collec- tion 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 400 p.m. of the day prior to collection and 6:00 a.m. of the day of collection. Reusable 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/Industrial establishments shall place solid waste ata 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. -5- 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 per week. .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. Apart- ment complexes of fewer than four 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 subparagraph .040 hereof, as determined appropriate by the Director. .030 Collection shall be made from a maximum of four standard size solid waste containers from commercial and industrial establishments once per week. Establishments requiring collection of more than four containers 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 .040 hereof, as determined appropriate by the Director. .040 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. -6- 10.10 4 70 PROCEDURES FOR THE'DISPOSAL OF SPECIAL WASTE Every person occupying or having charge of any premises in the City shall, at least once each month unless more frequent disposal is required herein, dispose of all special waste, which has accumulated at such premises. Special waste shall not be placed for regular collection but shall be disposed of as hereinafter specified or other lawful manner. .010 Group I materials such as caustics, toxics, acids, chemicals, paints, liquids, etc. shall be disposed of by the owner or possessor thereof only at an approved Class I disposal site. .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, includ- ing 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 specifica- tions 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 of solid waste containers and shall clean, and usable condition. -7- used solely for the storage be maintained in a safe, 10.10.090' TRANSPORTATION OF SOLID OR SPECIAL WASTE Any vehicle used for the transportation of solid or special waste shall be so constructed as to prevent the loss, spillage, or leakage of its contents. 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 OR _SPECIAL_ WASTE .010 No person shall throw, place, scatter or deposit any solid or special waste in, upon, or below the land of another, or upon any public property or right-of- way, except as herein authorized, nor throw, place, scatter or deposit any solid or special 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. 10.10.120 ENFORCEMENT PROVISIONS .010 The Director shall have, upon probable cause, the authority to enter and inspect any premises to investigate suspected or reported violations of this Chapter. .020 Violation of any of the provisions -of this Chapter is hereby declared to be a misdemeanor and shall be punishable as set forth'in Section 1.01.370.of this Code." SECTION .3. That new Chapter 10.12 be, and the same is hereby, added to Title 10 of the Anaheim Municipal Code, to read as follows: -8- "Chapter _10.12 SANITATION CHARGES 10.12.010 DEFINITION OF'SANITATION 'CHARGES For purposes of this Chapter, the term "Sanitation Charges" shall include any fees and charges -levied for solid waste collection, sewer system maintenance, and street cleaning services as established by this Code or by resolu- tion of the City Council. 10.12.020' CITY COUNCIL TO SET SANITATION CHARGES The City Council shall by resolution establish all sanitation charges which are billed and collected by the City of Anaheim for residential, commercial and industrial - establishments. 10.12.030 FINANCE DEPARTMENT TO COLLECT CHARGES It shall be the duty of the Finance Department of City to collect all sanitation charges. 10.12.040 SANITATION FUND There is hereby created a fund which shall be known as the Sanitation Fund. All money collected pursuant to the charges fixed by the City Council for use of the City's sanitation services, including solid waste collection, sewer system maintenance, and street cleaning shall be placed in said fund. Said fund shall be used only for such purposes as are permitted by law. 10.12.050 MANNER OF BILLING AND COLLECTION OF CHARGES -'DEPOSIT MAY _BE REQUIRED. .010 The sanitation charges fixed for any premises shall be collected with the charges and rates for electricity service furnished by the City to such premises. Said charges shall be billed upon the same bill as is prepared for charges for electricity service, and shall be due and payable at the same time that such charges for electricity service are due and payable. The total amount due for said charges and for charges for electricity service shall be paid as a unit and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for electricity service shall apply to the collection of any such total amount. -9- .020 In the event that the City does not furnish electricity service to a premises, but does furnish water service to such premises, then the sanitation charges for such premises shall be collected with the charges and rates for water service furnished by the City to such .premises. In such event the charges shall be billed upon the same bill as is prepared for charges for water service, and shall be due and payable at the same time that such charges for water service are due and payable. The amount due for the sanita- tion charges and for the charges for such water service' shall be paid as a unit and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for water service shall apply to the collection of any such total amount. .030 In the event that the City does not furnish either electricity service or water service to a premises, then the sanitation charges for such premises shall be due and payable to the Finance Department in advance in an amount and for such a period as established by resolution of the City Council. .040 The City Council may by resolution establish an amount or amounts which any person, firm or corporation, shall be required to deposit with the Finance Department prior to commencement or continuation of any sanitation services to insure collection of said charges. 10.12.060' FAILURE TO PAY CHARGES - SUSPENSION OF SERVICE. In the event that any person, firm or corporation shall fail to pay any sanitation charge when the same becomes due, theCity may, in addition to any other remedies it has, discontinue any of said services and facilities referred to in this Chapter, and shall not resume the same to such person, firm or corporation until all delinquent charges together with any charges necessitated by resumption of such services and facilities and any required deposit, have been fully paid. SECTION 4. --� That new Section'6.56.080 be, and the same is hereby, added to Title 6, Chapter 6.56, to read as follows: -10- "6.56.080 SWIMMING POOL DRAINAGE It shall be unlawful for any person to drain a swimming pool, upon the property of another or upon or into any public property other than into a sanitary sewer." SECTION S. SEVERABILITY. The City Council of the City of Anaheim hereby declares -that should any section, paragraph, sentence or word of this chapter of the Code 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 chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. 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, printed, 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th� day of September , 1978. ATTEST: JLW:jh -11- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City.of Anaheim, do hereby certify that the foregoing Ordinance No.'3907 was introduced..at a.regular meeting of the City Council of the'City of'Anaheim,.held on the .29th day of August, 1978, and that the'same was duly passed and adopted.at a regular meeting of'said City Council held on the 5th day of'September, 1978, by -the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood,..Kott, Roth and Seymour NOES: COUNCIL -MEMBERS: None ABSENT: COUNCIL MEMBERS:' None AND I FURTHER CERTIFY that -the Mayor of the City of Anaheim signed said Ordinance No. 3907 on the 5th -day of'September, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the'City of Anaheim this 5th day of September, 1978. VW--t*"-0 a �W,/ 1 4 (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3907 and was published once in the Anaheim Bulletin on the 15th day of September, 1978. M 2o4aaITa *831M ollgnd Sulasau-.Sug uo1ga37uVS 9 849934S