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HomeMy WebLinkAbout14 - Solid Waste Collection OrdinanceCITY OF + t March 11, 2014 Agenda Item No. 14. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager TITLE: Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code; Relating to Solid Waste Collection ABSTRACT: On November 12, 2013, the Newport Beach City Council approved an agreement between the City of Newport Beach and CR &R Environmental Services, Inc. for residential solid waste collection and recycling services and transfer station operations. Under the agreement, CR &R will provide automated and semi - automated solid waste collection service to most residential areas in Newport Beach. The change in collection method necessitates amendments to the Newport Beach Municipal Code. If adopted, Ordinance 2014 -7 would amend Chapter 6.04 to include current terminology and updated regulations related to residential solid waste collection. RECOMMENDATION: Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, and pass to second reading on March 25, 2014. FUNDING REQUIREMENTS: No Fiscal Impact. Background Environmental Services, Inc. (CR &R). Under the agreement, CR &R will provide automated and semi - automated solid waste collection service to most residential areas of Newport Beach. These collection methods represent a departure from the manual collection service City of Newport Beach (City) staff has provided for decades. CR &R will also offer an optional recycling program, under which customers can choose to separate their own recyclables before collection. The new collection methods utilized by CR &R affect the type of container used, where the responsibility lays for providing the containers, and where the containers can be stored. Consequently, Chapter 6.04 of the Newport Beach Municipal Code must be amended to reflect these changes. Staff is also recommending changes to some of the terminology included in Chapter 6.04 to make it consistent with current industry practices and the City's agreement with CR &R. The transition from City - provided service to CR &R- provided service will begin on March 31 and is expected to continue over a period of up to 16 weeks. CR &R will assume responsibility for City refuse collection on March 31, and will deliver the new, wheeled carts and commence automated or semi - automated collection on a gradual, neighborhood-by - neighborhood basis. Recommended Changes to Chapter 6.04 Terms and Definitions As previously noted, some of the recommended amendments to NBMC Section 6.04 are related to updating the terms and definitions used to make the language consistent with the City's agreement with CR &R and with current solid waste industry practices. Both a redlined version and a "clean" version of the recommended amendments to Chapter 6.04 are included as Attachments A & B. The term "solid waste" is now an all- encompassing term used to refer to trash, recyclable materials, and green waste. Staff is proposing to use that term to refer to the service provided, and then further defining what constitutes waste (trash, refuse), recyclable materials, and green waste. The City is not offering a separate green waste collection at this time. Residents will be asked to place their green waste in their "waste" carts, and some of this will be salvaged at the materials recovery facility (if salvageable). Containers The substantive changes begin in Section 6.04.080. Currently, residents are responsible for purchasing their own refuse containers. Under the City's agreement with CR &R, CR &R will provide wheeled waste and recycling carts to residential customers at no cost. (It should be noted, however, that the carts remain the property of CR &R.) The carts are available in three sizes and customers can have the amount of waste and recycling carts that their household needs. The carts can be exchanged at any time during the term of the agreement. Staff is not recommending deletion of Section 6.04.090 A (3), pertaining to the use of sturdy bags, as the City and CR &R have agreed that excess trash or recyclables can be placed in a bag by the curb or alleyway for collection. Though not related to the City's agreement with CR &R, staff is proposing the addition of Section 6.04.090 A (4) to address the needs of Newport Beach businesses that contract with private solid waste haulers. It has been brought to staff's attention that at least one private hauler allows its small commercial customers to provide their own 35- gallon containers for collection. 231 Cart Storage Section 6.04.150 pertains to the placement and storage of carts. Staff has spent many hours in the community during the past two months, helping customers determine which carts to order. Some of those discussions centered on how and where residents could store their carts. As the Council is aware, the City has a number of narrow alleyways, residential properties with little or no setbacks, and homes with narrow side walkways that can make storing the containers challenging. Section 6.04.150 A pertains to areas where containers are placed in an alley for collection. It currently states containers should be stored in a side area no further beyond the corner of a building. In some cases, the size of the new, medium and large automated containers will make it difficult for residents to walk between their new containers and their property's fence or wall. Also, storage may be affected by the location of gas meters, hose bibs, etc. Therefore, staff is recommending amending this section of the NBMC to allow for containers to be stored in the alley against a structure, provided the storage does not impede traffic in the alleyway. Staff discussed this with many residents, and was assisted by a poll conducted by the Corona del Mar Residents Association. Generally, respondents were split on the merits of back alley storage. Staff is optimistic that the order and aesthetics of the new carts will further improve perception about this change. We appreciate the assistance of Mike Pisani, Co- Director of the Municipal Operations Department, and Michael Torres, Assistant City Attorney, in developing these ordinance changes. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Name. Description: ❑ Solid Waste Ordinance.odf Ordinance 2014 -7 F) NBMC Chapter 6.04 Redline.pdf Newport Beach Municipal Code Chapter 6.04 Redline 232 F-11 i r-1181 001614 0 111 W-11 ORDINANCE NO. 2014 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION AND DISPOSAL WHEREAS, the City of Newport Beach ( "City ") is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City; WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( "AB 939 ") and subsequent modifications thereto, established a solid waste management process that requires the City to implement source reduction, reuse and recycling as integrated waste management practices; WHEREAS, California Public Resources Code Section 40059 authorizes the City to determine aspects of solid waste handling that are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, location, and extent of providing solid waste handling services, and whether the services are to be provided by means of partially exclusive or wholly exclusive agreements, contracts, licenses, permits or otherwise; WHEREAS, the City Council determined it is in the best interests of the City and its residents to contract with CR &R Incorporated to provide solid waste collection services for residential properties currently serviced by City crews; and WHEREAS, the provision of solid waste collection services by CR &R Incorporated necessitates certain revisions to Chapter 6.04 of the Newport Beach Municipal Code ( "NBMC ") to maintain consistency in terminology and practices. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 6.04.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.010 Solid Waste Defined. The term "solid waste" shall mean all discarded putrescible and non - putrescible solid, semisolid, and liquid wastes, including refuse, construction, demolition debris, bulky items, recyclable materials, and green waste or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of "Non- hazardous Solid Waste" as set forth in the 233 California Code of Regulations as they may be amended from time -to -time. Any reference in the Code to 'refuse" shall mean "solid waste." Section 2: Section 6.04.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.020 Recyclables Defined. The term 'recyclable materials" shall mean items in the solid waste stream which can be reused or processed into a form suitable for reuse consistent with the requirements of state law (i.e., AB 939). Recyclable materials include, but are not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic containers, newspaper, paper, printed materials, paper containers, cardboard and textiles. Section 3: Section 6.04.025 of the Newport Beach Municipal Code is hereby amended to read as follows: IX�L��Y�•� • �i iKT 1iT7T4f .7FY71C�'PF.�ia= 3iili�ZiiiT�� The term "commercial solid waste bin" shall mean any container which requires special collection equipment, and is designed for the storage of solid waste generated by any business which cooks or prepares food or sells food which is not fully wrapped or packaged. Section 4: Section 6.04.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.030 Green Waste Defined. The term "green waste" shall mean and include trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or other forms of organic waste generated from landscapes or gardens, which are suitable for composting. Section 5: Section 6.04.045 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.045 Public Solid Waste Container Defined. The term "public solid waste container" shall mean all solid waste containers with a forty -four (44) gallons or one (1) to three (3) cubic yard capacity suitable for the storage and collection of solid waste which are procured, placed and maintained on public property pursuant to Section 6.04.190 of this chapter. Page 12 234 Section 6: Section 6.04.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.050 Nuisance Declared. The accumulation and existence of solid waste on any private premises, on, in, or upon any beach, street, alley or other public place within the City may be declared to be a nuisance. No person who owns, controls or occupies any premises in the City shall cause, permit or allow any such nuisance to exist thereon. Section 7: Subsection 6.04.055(A)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris. This definition shall include "mechanical blowers" as that term is used in Chapter 10.28. "Leaf blowers' shall not include any leaf or refuse vacuum. Section 8: Subsection 6.04.055(B)(1) of the Newport Beach Municipal Code is hereby amended to read as follows: Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust, leaves, grass clippings, trimmings, or debris only if the green waste, solid waste or debris so swept or blown are not left in or upon any adjacent or other parcel, any street, public place or right -of -way, public beach, or on the shore, or in the waters of Newport Bay. Section 9: Section 6.04.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.060 Disposal on Public Property Prohibited. No person shall throw, deposit or leave any solid waste, or, be in possession and control of any solid waste, shall permit the same to be thrown, deposited, or left in or upon any street, public beach or other public place, or on the shore, or in the waters of Newport Bay within the City. Section 10: Section 6.04.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.070 Collection of Solid Waste. A. All solid waste placed in the vicinity of any curb or alley for collection purposes shall become the property of the City, a sanitary district or a private collector licensed or contracted by the City. Page 13 235 B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or private collector licensed or contracted by the City, shall remove from any place or premises in the City, or transport over public streets, any solid waste. C. No person shall enter onto private property for the purpose of collecting or inspecting solid waste, except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City, a sanitary district, or private collector licensed or contracted by the City to perform this service who is then acting within the course and scope of their agency or employment. D. No person shall knowingly aid and abet another person in committing a violation of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting another person in committing a violation of subsection (A), (B), or (C) of this section if the person knows of the other person's unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of a violation of subsection (A), (B), or (C) of this section. E. The provisions of this section shall not prohibit: 1. Any person, with the permission and consent of the property owner, from gathering and removing solid waste generated by construction, landscaping or gardening on the property when the solid waste has not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; 2. Any person from removing solid waste generated on property owned or controlled by that person; 3. The immediate removal by any person of solid waste which the Health Officer, City Manager or his /her designee, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; or 4. Any nonprofit organization from collecting recyclables in any manner which does not conflict with this chapter or any other provision of this Code. Section 11: Section 6.04.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.080 Containers. A. Except as provided in subsection (B), every owner and tenant of any dwelling unit or units, or any place of business or institution within the City where solid waste accumulates, shall have a sufficient number of containers -.. %f 236 to accommodate all solid waste accumulated on the premises between collection days. B. The owner and tenant are each responsible for having the required number of containers, provided, however, the occupant of any dwelling unit for which a short term lodging permit has been issued by the City shall not be responsible for compliance with this section. C. Failure of the owner or tenant to comply with the provisions of this section shall constitute an infraction. Section 12: Section 6.04.090 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.090 Solid Waste Container Requirements. A. All solid waste set out for collection shall be placed in containers that satisfy one (1) or more of the following requirements: 1. The container shall be a container provided by the City, a sanitary district or a permitted contractor, in one of three (3) sizes; 2. The container shall not exceed one hundred and fifty (150) pounds in weight, including contents; 3. Sturdy, grease- resistant, waterproof non - returnable bags which are specifically designed for solid waste shall be deemed to satisfy the requirements of this subsection provided that each full bag is no greater than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled; or 4. Businesses, with the permission of the private solid waste collector servicing their business, may use thirty -five (35) gallon containers. B. No person shall place any container with solid waste on public property for collection unless the container fully complies with subsection (A) of this section. No solid waste will be collected unless the solid waste is placed in containers that comply with subsection (A) of this section. C. Notwithstanding any other provision of this Code, the violation of this section shall constitute an infraction and shall be punishable as such or in accordance with Chapter 1.05 of this Code. Page 15 237 Section 13: Section 6.04.095 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.095 Commercial Solid Waste Bin Requirements. Any business which utilizes commercial solid waste bins for the storage of solid waste shall equip the bin with a lid or cover sufficient to prevent (1) odor from escaping the container, (2) flies and other insects from coming into contact with the contents of the container, (3) the contents from leaving the interior of the container, and (4) rain or water from entering the interior of the container. Further, any business utilizing any commercial solid waste bins shall ensure that the solid waste accumulated in the bins is picked up and disposed of at least once per week and shall maintain each bin in a clean and sanitary manner. Section 14: Section 6.04.100 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.100 Green Waste. Tree limbs, branches, hedge cuttings, and similar green waste materials may also be disposed of by placing them in solid waste containers compliant with section 6.04.090. Section 15: Section 6.04.110 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.110 Contents of Containers. Contents of containers shall be limited to solid waste as, except as qualified to the extent set forth in this section: A. Food waste or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor, and access to flies and animals. B. Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must be securely wrapped. C. Grass, tree, shrub and flower trimmings, leaves and weeds must be contained as set forth in Section 6.04.100. Section 16: Section 6.04.150 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.150 Storage and Placement of Containers for Collection. A. Containers shall be stored in a garage, trash enclosure, or in the sideyard and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers 0 E. 238 are placed out for collection. However, where trash is collected from an alleyway, containers may be stored neatly against the dwelling unit provided the container storage does not impede alleyway traffic, emergency vehicle access, or solid waste or recycling truck access. B. Placement for Collection. 1. Containers shall be placed for collection in a location easily accessible to the solid waste collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers may be placed in the gutter or street in a manner that does not impede traffic. 2. If solid waste is collected from an alley abutting the premises, containers shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers shall be placed adjacent to the yellow line on the private property side. In no event shall containers be placed more than eight (8) feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. 3. Containers shall not be considered placed for collection and solid waste will not be collected unless containers are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers shall be placed for collection before 7:00 a.m. on collection days, but not earlier than 7:00 p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than 7:00 p.m. of the day of collection. C. The owner and tenant are each responsible for the placement of containers; provided, however, the occupant of any dwelling unit for which a short-term lodging permit has been issued by the City shall not be responsible for compliance with this section. Section 17: Section 6.04.160 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.160 Administration of Collection Service. The City Manager or designated representative shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties: Page 17 239 Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary, and shall give notice of such routes, hours, days and changes as seems advisable. Establish rules and regulations consistent with this chapter governing storage, collection and disposition of solid waste, including the determination of standards and specifications for approved containers and the placement of containers. The rules may permit special containers or bins when the quantity or the nature of the material to be collected so requires. Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of solid waste. Section 18: Section 6.04.180 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.180 Removal of Building Scraps. All owners, contractors and builders of structures shall, upon the completion or demolition of any such structure, gather up and haul away, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the building or demolition of the structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition. Section 19: Section 6.04.190 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.190 Public Solid Waste Containers. The City Manager or designated representative shall procure, place and maintain at suitable places on certain business sidewalks, the public beaches, piers and bay and ocean front street ends a sufficient number of solid waste containers to receive and hold solid waste generated by the general public at those locations. The Municipal Operations Director shall at all times keep public containers in a clean and sightly condition and in good order and repair, provided that the failure of the Municipal Operations Director to furnish and provide such containers shall not be held or construed to relieve any person from the penalties of this Code. Section 20: Section 6.04.191 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.191 Prohibition of Commercial Use of Public Solid Waste Containers. No person who owns, leases, operates, manages or is employed by a business as that term is defined in Section 5.04.010 of this Code, shall deposit or cause to - . • E:j 240 be deposited, any solid waste generated by the business into any public solid waste container unless otherwise authorized by resolution of the City Council of the City of Newport Beach. Section 21: Section 6.04.195 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.195 Prohibition on Private Use of Public Solid Waste Containers on Balboa Island. No person who resides, leases, rents or occupies property located on Balboa Island, and no person who owns, leases, rents, operates, manages or is employed by any business located on Balboa Island, shall deposit, or cause to be deposited, any solid waste, into any public solid waste container located on Balboa Island. Section 22: Section 6.04.200 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.200 Tampering with Public Solid Waste Containers. No person shall remove, without lawful authority, any container from the place where it is placed and maintained by the Municipal Operations Director, or willfully deface, injure, damage or destroy, or use any container for any purpose other than the authorized placing of solid waste therein by the general public. Section 23: Section 6.04.210 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.210 Prohibited Disposal. A. On Another's Property: No person shall throw, deposit or leave any solid waste, or who being in possession and control of any solid waste, permit it to be thrown, deposited or left on the property or premises of another located in the City without the knowledge and prior permission of the owner thereof. B. On Own Property: No owner of real property shall throw, deposit or leave, or knowingly permit another to throw, deposit or leave, solid waste on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid waste from such real property, within three (3) days after receipt of written notice by the Municipal Operations Director or his /her designee to do so. C. By Tenants: No owner of real property located in the City shall knowingly permit or countenance his tenants while in occupation of such real property to throw, deposit or leave any solid waste upon the property or premises of another. -..- E 241 Section 24: Section 6.04.220 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.220 Persons Required to Clean Sidewalks. The occupant or tenant, or in the absence of an occupant or tenant, the owner, lessee, or proprietor of any real estate in this City in front of which there is a paved sidewalk shall cause said sidewalk to be swept or otherwise cleaned as frequently as necessary to maintain said sidewalks reasonably free of leaves, dirt, paper, litter or rubbish of any kind. Sweepings from said sidewalk shall not be swept, or otherwise made or allowed to go into the street or gutter, but shall be disposed of by being placed in a solid waste container by the person responsible for the cleanliness of said sidewalk. Section 25: Section 6.04.230 of the Newport Beach Municipal Code is hereby amended to read as follows: 6.04.230 Burying of Solid Waste Prohibited. With the exception of green waste, no person shall dispose of, or attempt to dispose of any solid waste by burying it in or underneath the surface of the earth. Section 26: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 27: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 28: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the introduction and adoption of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 29: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414. Page 110 242 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of 2014, and adopted on the day of 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Rush N. Hill, 11 ATTEST: LEILANI I. BROWN, CITY CLERK CITY A' FORM: aC C. HARP, CITY ATTORNEY Page 111 243 ATTACHMENT B Solid Waste Collection and Disposal 6.04.010 Solid Waste Garbage Defined. ...................................................................................................................................................................................................................................................................................................... ............................... The term "solid wastegar-bage" shall mean all discarded putrescible and non - putrescible solid, semisolid, and liquid wastes, including refuse, construction, demolition debris, bulky items, recyclable materials, and green waste or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of "Non- hazardous Solid Waste" as set forth in the California Code of Regulations as they may be amended from time -to- time. gg.1 r111rle all a al and vegetawe rgf "�- r.d P_Rt tg a atieg er handIigg of feed Any reference in the Code to "refuse" shall mean "solid waste." 6.04.020 Refuse -Recyclables Defined. .................................................................................. ............................... .......................................................................................................................................... ............................... The term "recyclable materials" shall means items in the solid waste stream which can be reused or processed into a form suitable for reuse consistent with the requirements of state law (i.e., AB 939). Recyclable materials include, but are not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic containers, newspaper, paper, printed materials, paper containers, cardboard and textiles. The f hell R(A grl' 1de h. d. trn h - rn�t�Trr�rercrSe o rubbish SHC�- r'crS papeF newspapers rag, ardbearrl fiber, metal glace Garton, container, box, bottle n nrl other artlrlec Ar matpirmals of a miler nat'We RGFM@"y diorardPd as he, ioeholrl husingrr refsise (Ord 1558 R 1 1974 Qpd 1403 R 1 (part), 1979 6.04.025 Commercial Solid WasteRefase Bins Defined. The term "commercial solid wastefefr+se bin" shall mean any container, which requires special collection equipment, and is designed for the storage of solid wastegarbage -er rpf- se generated by any business which cooks or prepares food or sells food which is not fully wrapped or packaged. 6.04.030 6utti+gs -Green Waste Defined. The term "green waster"" shall mean and include trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs,-ar plants, leaves or 244 other forms of organic waste generated from landscapes or gardens, which are suitable for composting. 6.04.045 Public Solid WasteRefuse Container Defined. The term "public solid wasterefuse container" shall mean all solid wasterefuse containers with a forty -four (44) gallons or one (1) to three (3) cubic yard capacity suitable for the storage and collection of solid wasteref+se which are procured, placed and maintained on public property pursuant to Section 6.04.190 of this chapter. 6.04.050 Nuisance Declared. ....................................................................................................................................................................................................................................................................................................... ............................... The accumulation and existence of solid wastegaFbage, ' ^fuse OF Gutti^ ^n on any private premises, on, in, or upon any beach, street, alley or other public place within the City may be declared to be a nuisance. No person who owns, controls or occupies any premises in the City shall cause, permit or allow any such nuisance to exist thereon. Subsection 6.04.055(A)(1) "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste^", solid wasterefase or debris. This definition shall include "mechanical blowers" as that term is used in Chapter 10.28. "Leaf blowers" shall not include any leaf or refuse vacuum. Subsection 6.04.055(8)(1) Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust, leaves, grass clippings, trimmings, ^6146^ ^o refuse or debris only if the green waste^"4� 9s, solid wasters or debris so swept or blown are not left in or upon any adjacent or other parcel, any street, public place or right -of -way, public beach, or on the shore, or in the waters of Newport Bay. 6..04. 060 Disposal on Public Property Prohibited No person shall throw, deposit or leave any solid waster fuse gaFbag° ^ ^6144iRgS or, being in possession and control of any solid waste^ fuse gaFb,^^ eF ^,A47^^c shall 245 permit the same to be thrown, deposited, or left in or upon any street, public beach or other public place, or on the shore, or in the waters of Newport Bay within the City. 6.04.070 Collection of Solid Waste les. ................................................................................................................................................................................................................................................................................................. ............................... A. All re#use,garbage, GuttiRgssolid waste OF FeeyGlables whit" are placed in the vicinity of any curb or alley for collection purposes shall become the property of the City of Newport Bea mob, a sanitary district- or its contractora private collector licensed or contracted by the City. B. No person, except an individual acting within the course and scope of their agency or employment with the City of "'ewpeFt Bea ^b, a sanitary district, or private collector licensed or contracted by the City of "'^•••^^F' Q^^^", shall remove from any place or premises in the City, or transport over public streets, any garbage refuse, cuttings ^.r FeGyGlablessolid waste. C. No person shall enter onto private property for the purpose of collecting or inspecting refuse, game, GUtti ^ ^^ OF Feey(3lablessolid waste, except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City ef Newport Be , a sanitary district, or private collector licensed or contracted by the City ^f "'ewpeFt BeaE; to perform this service who is then acting within the course and scope of their agency or employment. D. No person shall knowingly aid and abet another person in committing a violation of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting another person in committing a violation of subsection (A), (B), or (C) of this section if the person knows of the other person's unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of a violation of subsection (A), (B), or (C) of this section. E. The provisions of this section shall not prohibit: 1. Any person, with the permission and consent of the property owner, from gathering and removing r8f6168 ^• ^WWRg solid waste generated by construction, landscaping or gardening on the property when the refu.se and PiAM.R ^° solid waste hasve not been set out for collection by the City of Newport R° ° ^" a 246 sanitary district, or a private collector licensed or contracted by the City—ef Ne �peFt E3ea .h. ncwP°nvcwTr, 2. Any person from removing garbage, refuse or ^ "n^ °solid waste generated on property owned or controlled by that person; 3. The immediate removal by any person of ga; bage, refuse or cuttiRg6solid waste which the Health Officer, City Manager, MURi ^' ^^' ^^^• ^t'^^° Dire ^t^ or his /her designee, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; 4. Any nonprofit organization from collecting recyclables in any manner which does not conflict with this chapter or any other provision of this Code. 6104.080 Containers. A. Except as provided in subsection (B), every owner and tenant of any dwelling unit or units, or any place of business or institution within the City where garbage and/OF refasesolid waste accumulates, shall provide have a sufficient number of containers to accommodate all refuse and/eF gaFbag ^solid waste accumulated on the premises between collection days. B. The owner and tenant are each responsible for pFavidiRg having the required number of containers, provided, however, the occupant of any dwelling unit for which a short term lodging permit has been issued by the City shall not be responsible for compliance with this section. C. Failure of the owner or tenant to comply with the provisions of this section shall constitute an infraction. 6.04. 090 ............................ ............................... .........................Solid Waste Container Requirements.............................. ............................... A. All solid waste rektw- -set out for collection shall be placed in containers that satisfy one (1) or more of the following requirements: 247 1. The container shall ;be a container provided by the City, a sanitary district or 4&a permitted contractor, in one of three (3) sizes;: 2. The container shall not exceed fifty (50) one hundred and fifty (150)_ pounds in weight, including contents; r�a+n*a 7-3. Sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste^^ ~ b^^^ and F ^f ^ °^ shall be deemed to satisfy the requirements of this subsection provided that each full bag cemplies than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled; or. 4. Businesses, with the permission of the private solid waste collector servicing their business, may use thirty -five (35) gallon containers. B. No person shall place any container with rpfi -se solid waste on public property for collection unless the container fully complies with subsection (A) of this section. No solid wastertif, ise will be collected unless the solid wasters is placed in containers that comply with subsection (A) of this section. EM C. Notwithstanding any other provision of this Code, the violation of this section shall constitute an infraction and shall be punishable as such or in accordance with Chapter i9iF ne 1111 OI&TOR 6.04.095 Commercial Solid Waste° Bin Requirements. ........................................................................................................................................................................................................................................................................................... ............................... Any business which utilizes commercial solid wasteFefuse bins for the storage of solid wastegaFbage -eF refuse shall equip the bin with a lid or cover sufficient to prevent (1) odor from escaping the container, (2) flies and other insects from coming into contact with the contents of the container, (3) the contents from leaving the interior of the container, and (4) rain or water from entering the interior of the container. Further, any business utilizing any commercial solid wastefefese bins shall ensure that the solid waste^^"^^^ and refuL�$X accumulated in the bins is picked up and disposed of at least once per week and shall maintain each bin in a clean and sanitary manner. 6.04.100 CuttingsGreen Waste. branches, .. and similar green • •• • of by placing 6.04.090. vill be AAMPAtpid with the GG)Rt8RtS. (QFd. 1403 § 1 (part), 1971 6.04.110 Contents of Containers. Contents of containers shall be limited to garbage r8416e and ^61"i^^ 6solid waste as definprl RRC-#iGRS 6.04.010, a nn 020 Rd a nn 030 hern{r except as qualified to the extent set forth in this section: A. Garbage =Food waste or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor, and access to flies and animals; 249 B. Ruse: Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must be securely wrapped. Newspapers and C. ''"Grass, tree, shrub and flower trimmings, leaves and weeds must be contained as set forth in Section 6.04.100. 6.04.150 Storage and Placement of Containers for Collection. A. Containers shall be stored in a garage, trash enclosure, or in the sideyard and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers are placed out for collection. However, where trash is collected from an alleyway, containers may be stored neatly against the dwelling unit provided the container storage does not impede alleyway traffic, emergency vehicle access, or solid waste or recycling truck access.. B. Placement for Collection. 1. Containers shall be placed for collection in a location easily accessible to the solid wasters collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers °"nAtmay be placed in the gutter or street.. in a manner that does not impede traffic. 2. If solid wasters is collected from an alley abutting the premises, containers shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers shall be placed adjacent to the yellow line on the private property side. In no event shall containers be placed more than eight (8) feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. 250 3. Containers shall not be considered placed for collection and solid wastegar bage, Fef u°° and ^L [HiRgS will not be collected unless containers are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers shall be placed for collection before seven a.m. on collection days, but not earlier than seven p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than seven p.m. of the day of collection. C. The owner and tenant are each responsible for the placement of containers; provided, however, the occupant of any dwelling unit for which a short- term lodging permit has been issued by the City shall not be responsible for compliance with this section. 6.04.160 Administration of Collection Service. The City Manager or designated representative shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties: A. Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary, and shall give notice of such routes, hours, days and changes as seems advisable. B. Establish rules and regulations consistent with this chapter governing storage, collection and disposition of solid wastegarbage, refs se and GHttiRgG including the determination of standards and specifications for approved containers and the placement of containers. The rules may permit special containers or bins when the quantity or the nature of the material to be collected so requires. C. Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of solid wastegarbag° '°fuse, reGyGlables 6..04.180 Removal of Building Scraps. 251 All owners, contractors and builders of structures shall, upon the completion or demolition of any such structure, gather up and haul away, at their sole cost and expense, all solid wastefefuse of every nature, description or kind, which has resulted from the building or demolition of the structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition. 6.04.190 Public Solid Waste#ief-+se Containers. The City Manager or designated representative shall procure, place and maintain at suitable places on certain business sidewalks, the public beaches, piers and bay and ocean front street ends a sufficient number of solid wasterefase containers to receive and hold solid wasteFefuse and gaFba ^ generated by the general public at those locations. The Municipal Operations Director shall at all times keep public containers in a clean and sightly condition and in good order and repair; provided, that the failure of the Municipal Operations Director to furnish and provide such containers shall not be held or construed to relieve any person from the penalties of this Code. 6.04.191 Prohibition of Commercial Use of Public Solid WasteRefuse Containers. No person who owns, leases, operates, manages or is employed by a business as that term is defined in Section 5.04.010 of this Code, shall deposit or cause to be deposited, any solid wasterefuse generated by the business into any public solid waster container unless otherwise authorized by resolution of the City Council of the City of Newport Beach. 6.04.195 Prohibition on Private Use of Public Solid WasteRefase Containers on Balboa Island. .................................................................................................................................................................................................................................................................................................... ............................... No person who resides, leases, rents or occupies property located on Balboa Island, and no person who owns, leases, rents, operates, manages or is employed by any business located on Balboa Island, shall deposit, or cause to be deposited, any solid wasterpfi—se, into any public solid wasters container located on Balboa Island. 6.04.200 Tampering with Public Solid Waste Refuse Containers. No person shall remove, without lawful authority, any container from the place where it is placed and maintained by the Municipal Operations Director, or willfully deface, injure, 252 damage or destroy, or use any container for any purpose other than the authorized placing of solid wasteFef us^ and gaFba ^ therein by the general public. 6.04.210 Prohibited Disp osal .................................................................................................................................................................................... ............................... A. On Another's Property: No person shall throw, deposit or leave any solid wasteFefuse gaFbag^ OF outtings or who being in possession and control of any solid waste•^fuse gaFbag^ ^• eHttiR^^ permit itthem to be thrown, deposited or left on the property or premises of another located in the City without the knowledge and prior permission of the owner thereof. B. On Own Property: No owner of real property shall throw, deposit or leave, or knowingly permit another to throw, deposit or leave, solid wasterefuse, gaFbage &r eats on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid wastethprn from such real property, within three (3) days after receipt of written notice by the Municipal Operations Director or his /her designee to do so. C. By Tenants: No owner of real property located in the City shall knowingly permit or countenance his tenants while in occupation of such real property to throw, deposit or leave any solid wasteFefHse, gaFbage ep euttiRgs upon the property or premises of another. 6.04.220 Persons Required to Clean Sidewalks. ....................... ....................... ......... ......... The occupant or tenant, or in the absence of an occupant or tenant, the owner, lessee, or proprietor of any real estate in this City in front of which there is a paved sidewalk shall cause said sidewalk to be swept or otherwise cleaned as frequently as necessary to maintain said sidewalks reasonably free of leaves, dirt, paper, litter or rubbish of any kind. Sweepings from said sidewalk shall not be swept, or otherwise made or allowed to go into the street or gutter, but shall be disposed of by being placed in a solid wasteppf++se container by the person responsible for the cleanliness of said sidewalk. 6.04.230 Burying of Solid Waste Prohibited. With the exception of green waste, Nno person shall dispose of, or attempt to dispose of any solid wasteref11Oe er garbage by burying it in or underneath the surface of the earth. 253