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HomeMy WebLinkAbout04 - Ord 2014-7 - Solid Waste CollectionCITY OF 1 NEWPORT BEACH City Council Staff Report April 8, 2014 Agenda Item No. 4. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055, mpisani @newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager PHONE: 949 - 644 -3035 TITLE: Adoption of Ordinance No. 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection ABSTRACT: On March 25, 2014, the City Council conducted the first reading of Ordinance No. 2014- 7, amending Chapter 6.04 of the Newport Beach Municipal Code relating to solid waste collection. The City Council approved two additional modifications to the Ordinance as proposed and passed Ordinance No. 2014 -7 to second reading on April 8, 2014. RECOMMENDATION: Conduct the second reading and adopt Ordinance No. 2014 -7, An Ordinance of the City Council of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At its March 25, 2014 meeting, the City Council introduced Ordinance No. 2014 -7 and approved making two modifications to the proposed Ordinance. These modifications are: In Section 6.04.095, Commercial Solid Waste Bin Requirements, new language makes it clear that businesses must keep the lids of their commerical solid waste bins closed. Section 6.04.150 relates to the Storage and Placement of Containers, Boxes, Bags or Bulky Items for Collection. Staff had proposed adding language to this section that would HE allow containers - where solid waste is collected from an alleyway - to be stored against a dwelling unit or garage. This would have only been permissible if storing the containers in a garage, carport, sideyard or trash enclosure was not reasonably practicable as determined by the City Manager or Code Enforcement. After some discussion where concerns about implementation and enforcement were raised, the Council ultimately determined to remove the proposed changes related to container storage. Staff has provided a redline denoting these changes made to the draft of Ordinance No. 2014 -7 that was presented to the City Council on March 25, 2014. Please note that readers of this redline will only see changes requested by the City Council at its March 25, 2014 meeting. This recent redline has already incorporated the multiple code changes that Council did not further amend on March 25. Readers should look to the March 25, 2014 staff report (included as Attachment C) for those changes. With the new changes noted, the City Council passed Ordinance No. 2014 -7 to this meeting's second reading on April 8, 2014. 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: Description Attachment A - Ordinance No. 2014 -7 Attachment B - Redline - 3 -25 -14 Draft of Ordinance No. 2014 -7 Attachment C - March 25 Staff Report 41 ATTACHMENT A 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 42 California Code of Regulations as they may be amended from time -to -time. Any reference in Code to "garbage," "refuse," or `cuttings" 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 (Le., 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: 6.04.025 Commercial Solid Waste Bins Defined. 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. 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 43 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(6)(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 B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a 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, Code Enforcement Supervisor, 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; 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 to accommodate all solid waste accumulated on the premises between collection days. O 45 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 & Bulky Item Requirements. A. Solid waste container requirements vary throughout the City depending upon location and the solid waste collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste set out for collection shall satisfy one (1) or more of the following requirements: 1. Solid waste shall be placed in a container provided by, or allowed by, the City, a sanitary district or a permitted contractor, for use in the specific area the container is provided or used; 2. If allowed by the solid waste collector servicing an area, persons may use sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste provided that each filled bag, including contents, is no greater than fifty (50) pounds, the. opening is secured, and the weight does not cause the bag to tear when handled; 3. If allowed by the solid waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively, "box ") weighing fifty (50) pounds or less, including contents; 4. If allowed by the solid waste collector servicing an area, a business owner or operator may use thirty -five (35) gallon containers to dispose of solid waste; or 5. Bulky item collection (e.g., an item that does not fit within an approved container, box or bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed or contracted by the City. The City shall post on its website or such other public location a list of the bulky item collection rules and regulations specific to the various areas of the City. B. No person shall place any solid waste on public property for collection unless the solid waste is in a container, box, or bag that fully complies with subsection (A) of this section. No solid waste will be collected unless the solid Page 15 EN waste is placed in a container, box or bag that complies with subsection (A) of this section. No person shall place any bulky item on public property for collection unless the bulky item fully complies with subsection (A) of this section. No bulky item will be collected unless the bulky item complies 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. 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. Any business utilizing commercial solid waste bins shall keep the bin storage area clean and free of trash and debris and ensure that all oil, grease, fluid and other items are contained with the bin storage area. The commercial solid waste bin storage area shall be cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. 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 a solid waste container, box, or bag 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. 47 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, Boxes, Bags or Bulky Items for Collection. A. Storage of Containers, Boxes, Bags or Bulky Items 1. Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the sideyard, except when the containers, boxes, bags or bulky items are placed out for collection. If located within a sideyard, the containers, boxes, bags or bulky items shall be stored beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line. 2. Where solid waste is collected from an alleyway, and container storage in a garage, carport, trash enclosure or sideyard is not reasonably practicable, as determined by the Code Enforcement Supervisor, City Manager or their designee, containers may be stored neatly against the dwelling unit or garage provided the container storage does not impede alleyway traffic, emergency vehicle access, or solid waste truck access. This storage exception does not apply to boxes, bags or bulky items. B. Placement for Collection 1. Containers, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items shall be placed adjacent to the yellow line on the private property side. In no event shall containers, boxes, bags or bulky items 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. Page 17 3. Unless an exception applies, containers, boxes, bags or bulky items shall not be considered placed for collection and solid waste will not be collected unless the containers, boxes, bags or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers, boxes, bags or bulky items 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 boxes, or bags 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, boxes, bags or bulky items; 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 representatives 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 waste, including the determination of standards and specifications for approved containers, boxes or bags and the placement of containers, boxes or bags. 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 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 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 Page 19 50 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 Code Enforcement Supervisor, Municipal Operations Director or their 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. 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, tenant, 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. Page 110 51 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 111 52 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of March, 2014, and adopted on the 8th day of April, 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: Rush N. Hill, II LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTO S OFFICE c-c®r TAROK-C--HARP, CITY ATTORNEY Page 112 53 F A i f_-Tel 7 h T i l=I► k 9- 3 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 54 California Code of Regulations as they may be amended from time -to -time. Any reference in Code to "garbage," 'refuse," or "cuttings" 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�LKIY44 • Ii iKT 1,17TM &n. 17 17.&7 pi7111:117MIIIt R� I 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. 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 55 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 56 B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a 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, Code Enforcement Supervisor, 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; 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 to accommodate all solid waste accumulated on the premises between collection days. Page 14 57 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 & Bulky Item Requirements. A. Solid waste container requirements vary throughout the City depending upon location and the solid waste collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste set out for collection shall satisfy one (1) or more of the following requirements: 1. Solid waste shall be placed in a container provided by, or allowed by, the City, a sanitary district or a permitted contractor, for use in the specific area the container is provided or used; 2. If allowed by the solid waste collector servicing an area, persons may use sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste provided that each filled bag, including contents, is no greater than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled; 3. If allowed by the solid waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively, "box ") weighing fifty (50) pounds or less, including contents; 4. If allowed by the solid waste collector servicing an area, a business owner or operator may use thirty -five (35) gallon containers to dispose of solid waste; or 5. Bulky item collection (e.g., an item that does not fit within an approved container, box or bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed or contracted by the City. The City shall post on its website or such other public location a list of the bulky item collection rules and regulations specific to the various areas of the City. B. No person shall place any solid waste on public property for collection unless the solid waste is in a container, box, or bag that fully complies with subsection (A) of this section. No solid waste will be collected unless the solid Page 15 W waste is placed in a container, box or bag that complies with subsection (A) of this section. No person shall place any bulky item on public property for collection unless the bulky item fully complies with subsection (A) of this section. No bulky item will be collected unless the bulky item complies 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. 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. Any business utilizing commercial solid waste bins shall keep the b4Rbins closed, the storage area clean and free of trash and debris and ensure that all oil, grease, fluid and other items are contained with the bin storage area. The commercial solid waste bin storage area shall be cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. 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 a solid waste container, box, or bag 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. 0 E. 59 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, Boxes, Bags or Bulky Items for Collection. A. Storage of Containers, Boxes, Bags or Bulky Items. 4 Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the sideyard, eXGept when the nnn+ainnr6 boxes bags .,r bulky items are pla..n.d —I d far s. dl Jln.a.. if lases +a.d ..,{+hies a si.deyar.d the contain boxes bans or bulky 'toms shall bo s+nro,dand 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, boxes, bags or bulky items are placed out for collection. �. Whprcrol%astp is; Enllnn +nrd from all R non +ainnr r T°9e art trash a slnnUra OF si.deyar.d i a+ reasonably a a +{sables determined by the Cede €af9FGeMent SW19ew;6er, Gity MaRageF GF their .desig Ree .dai..ars m be s+nrn.d r, a +L, a as+ the .d..,allia.. U art a IpFevided the .. +alr.nr s +..raga .daoc et impede alle.way +raffdn vehinrnnfle anness-, or seliod- ="waste +r,,r-- .kc-ca ones. This steragetiXGePt�'ngR does net apply +n boxes bans nr Fu lky {tams B. Placement for Collection. 1. Containers, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items shall be placed adjacent to the yellow line on the private property side. In no event shall containers, boxes, bags or bulky items 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. Page 17 M 3. Unless an exception applies, containers, boxes, bags or bulky items shall not be considered placed for collection and solid waste will not be collected unless the containers, boxes, bags or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers, boxes, bags or bulky items 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 boxes, or bags 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, boxes, bags or bulky items; 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 representatives 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 waste, including the determination of standards and specifications for approved containers, boxes or bags and the placement of containers, boxes or bags. 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 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, � 0 0 61 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 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 0 E 62 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 Code Enforcement Supervisor, Municipal Operations Director or their 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. 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, tenant, 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. Page 110 63 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. VIA Page 111 Z. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of March, 2014, and adopted on the 8th day of April, 2014, by the following vote, to -wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Rush N. Hill, II ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Page 112 65 ATTACHMENT C CITY OF n -P NEWPORT BEACF City Council Staff Report March 25, 2014 Agenda Item No. 17. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055, mpisani@newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager PHONE: 949 - 644 -3035 TITLE: Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection ABSTRACT: This item updates Chapter 6.04 of the Newport Beach Municipal Code to accommodate the new automated residential refuse collection service that will start soon in many parts of Newport Beach. It includes several additions or amendments requested by the City Council at the Council's March 11, 2014 meeting. RECOMMENDATION: Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, and pass to second reading on April 8, 2014. FUNDING REQUIREMENTS: No fiscal impact. DISCUSSION: Background On November 12, 2013, the Newport Beach City Council approved an agreement with CR &R 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 that the City of Newport Beach (City) staff has provided. CR &R will also offer an optional recycling program, under which customers can choose to separate their own recyclables before collection. These service - related changes affect the type of container used, who provides the containers, and .. ATTACHMENT C where the containers can be stored. Consequently, Chapter 6.04 of the Newport Beach Municipal Code (NBMC) 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, 2014 and is expected to continue for approximately 16 weeks. Beginning March 31, CR &R will deliver new, wheeled carts and commence automated or semi - automated collection on a gradual, neighborhood -by- neighborhood basis during the 16 -week transition period. Recommended Changes to NBMC Chapter 6.04 Terms and Definitions Some of the proposed amendments to Newport Beach Municipal Code Chapter 6.04 are related to updating terms and definitions used for consistency with the City's agreement with CR &R and with current solid waste industry practices. Ordinance 2014 -7 and a redlined version of NBMC 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 using that term to refer to the service provided, and then further defining what constitutes waste (trash, refuse), recyclable materials, and green waste. It should be noted that the City is not offering a separate, green waste cart at this time. Residents will be asked to place their green waste in their "waste" carts or in sturdy trash bags alongside their waste carts on their regularly scheduled collection day. Some of the green waste will be salvaged at the materials recovery facility. Containers The substantive changes to the chapter 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 provides wheeled, waste and recycling carts to residential customers at no cost. (It should be noted, however, that the carts are the property of CR &R.) The carts are available in three sizes and residents can use the number of waste and recycling carts that their household needs. The carts can be replaced at any time during the term of the agreement. Staff recommends retaining 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. Container Storage Section 6.04.150 pertains to the placement and storage of containers. 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 make storing the containers challenging. Section 6.04.150 A discusses where containers can be placed in an alley for collection. The NBMC currently states that 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 -sized 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, 67 ATTACHMENT C in cases where the containers impede pedestrian access on the side of a building, 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 a number of residents and was assisted by a poll by the Corona del Mar Residents Association. Generally, respondents were split on the merits of alley storage. Staff is optimistic that the order and aesthetics of the new carts will further improve perception about this change. Additional Amendments As previously noted, staff initially presented the proposed Ordinance 2014 -7 to the City Council on March 11. During its discussion, the Council noted several items that needed further clarification and asked staff to return with a revised ordinance for first reading. The items include: Clarifying that within Newport Beach, residential solid waste collection service can be, and is, managed by the City (for most residential areas in "old" Newport Beach and Newport Coast), a sanitary district (for Santa Ana Heights), or a private collector licensed by the City that is retained by a private association (several homeowner associations independently contract for residential solid waste collection) and that service requirements may vary according to the service provider. In Section 6.04.090 A(2), new language has been added to clarify that cardboard boxes or other items that do not fit within a cart may be placed out for collection. In Section 6.04.090 A(4), staff added language to note that bulky item collection regulations vary according to whether the solid waste collection agreement is managed by the City, a sanitary district, or a private collector licensed by the City that is retained by a private association (several homeowner associations independently contract for residential solid waste collection). Additional language was added to Section 6.04.150 A to explain that containers can be stored neatly against a dwelling unit in the alleyway only if there is no other feasible location to store the containers. In addition, the Community Development Department's Code Enforcement Division requested the inclusion of language to Section 6.04.095 (Commercial Solid Waste Bin Requirements) requiring business using commercial solid waste bins to keep the storage areas clean and free of trash and debris. The highlighted areas in the redline of NBMC Chapter 6.04 (attached) identify the changes made since the City Council's March 11 meeting. 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: .: ATTACHMENT C 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: Description Attachment A - Ordinance 2014 -7 Attachment B - NBMC Chapter 6.04 Redline M' ATTACHMENT C 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 70 ATTACHMENT C California Code of Regulations as they may be amended from time -to -time. Any reference in Code to "garbage," 'refuse," or "cuttings" 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: 6.04.025 Commercial Solid Waste Bins Defined. 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. 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 71 ATTACHMENT C 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(6)(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 72 ATTACHMENT C B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a 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, Code Enforcement Supervisor, 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; 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 to accommodate all solid waste accumulated on the premises between collection days. Page 14 73 ATTACHMENT C 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 & Bulky Item Requirements. A. Solid waste container requirements vary throughout the City depending upon location and the solid waste collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste set out for collection shall satisfy one (1) or more of the following requirements: 1. Solid waste shall be placed in a container provided by, or allowed by, the City, a sanitary district or a permitted contractor, for use in the specific area the container is provided or used; 2. If allowed by the solid waste collector servicing an area, persons may use sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste provided that each filled bag, including contents, is no greater than fifty (50) pounds, the. opening is secured, and the weight does not cause the bag to tear when handled; 3. If allowed by the solid waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively, "box') weighing fifty (50) pounds or less, including contents; 4. If allowed by the solid waste collector servicing an area, a business owner or operator may use thirty -five (35) gallon containers to dispose of solid waste; or 5. Bulky item collection (e.g., an item that does not fit within an approved container, box or bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed or contracted by the City. The City shall post on its website or such other public location a list of the bulky item collection rules and regulations specific to the various areas of the City. B. No person shall place any solid waste on public property for collection unless the solid waste is in a container, box, or bag that fully complies with subsection (A) of this section. No solid waste will be collected unless the solid Page 15 74 ATTACHMENT C waste is placed in a container, box or bag that complies with subsection (A) of this section. No person shall place any bulky item on public property for collection unless the bulky item fully complies with subsection (A) of this section. No bulky item will be collected unless the bulky item complies 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. 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. Any business utilizing commercial solid waste bins shall keep the bin storage area clean and free of trash and debris and ensure that all oil, grease, fluid and other items are contained with the bin storage area. The commercial solid waste bin storage area shall be cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. 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 a solid waste container, box, or bag 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. =1 75 ATTACHMENT C 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, Boxes, Bags or Bulky Items for Collection. A. Storage of Containers, Boxes, Bags or Bulky Items. 1. Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the sideyard, except when the containers, boxes, bags or bulky items are placed out for collection. If located within a sideyard, the containers, boxes, bags or bulky items shall be stored beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line. 2. Where solid waste is collected from an alleyway, and container storage in a garage, carport, trash enclosure or sideyard is not reasonably practicable, as determined by the Code Enforcement Supervisor, City Manager or their designee, containers may be stored neatly against the dwelling unit or garage provided the container storage does not impede alleyway traffic, emergency vehicle access, or solid waste truck access. This storage exception does not apply to boxes, bags or bulky items. B. Placement for Collection. 1. Containers, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items 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, boxes, bags or bulky items shall be placed adjacent to the yellow line on the private property side. In no event shall containers, boxes, bags or bulky items 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. Page 17 76 ATTACHMENT C 3. Unless an exception applies, containers, boxes, bags or bulky items shall not be considered placed for collection and solid waste will not be collected unless the containers, boxes, bags or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers, boxes, bags or bulky items 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 boxes, or bags 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, boxes, bags or bulky items; 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 representatives 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 waste, including the determination of standards and specifications for approved containers, boxes or bags and the placement of containers, boxes or bags. 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 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, 77 ATTACHMENT C 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 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 Page 19 im ATTACHMENT C 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 Code Enforcement Supervisor, Municipal Operations Director or their 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. 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, tenant, 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. Page 110 79 ATTACHMENT C 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 111 M ATTACHMENT C This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of March, 2014, and adopted on the 8th day of April, 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Rush N. Hill, II ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTO ElS OFFICE ( 'C.) AARON ARP, CITY ATTORNEY Page 112 U ATTACHMENT C ATTACHMENT B Solid Waste Collection and Disposal 6.04.010 Solid Waste Defined. ... .................. The term "solid wastegarbage" 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. vegetable r ^f„^^ iReideRt to P .^+;^., ^r handl Rg of fOe4. Any reference in the Code to "garbage," "refuse," or "cuttings" shall mean "solid waste." 6.04.020 Refuse - Rec�„yclables Defined . ................... ............. ............................... The term " recvclable 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. The ii n d i��ao hi d try h �ter+x�re se „--R ea � ,�. ash s�as pap� business rofi ise (Ord 1 558 § 1 1974 • Ord 1403 § 1 (part) 1971 6.04.025 Commercial Solid WasteRefuse Bins Defined. .................................................................................. �........................ ...........................____ __ _______________________________ The term "commercial solid wasters bin" shall mean any container, which requires special collection equipment, and is designed for the storage of solid wastegarbage-er refuse generated by any business_ ,.,ti; ^h ^ ^k^ 9F pFepaFes feed ^ „n^ f^ ^a vihiAh. 6.04.030 Gutt±nqs -Green Waste Defined. ...................... ............................... The term "green wastes 444ge" shall mean and include trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or M ATTACHMENT C other forms of organic waste generated from landscapes or gardens, which are suitable for comoostina. 6.04.045 Public Solid WasteRefuse Container Defined. . ........................................................... .. ........................................................................ ---.......................................................................................................................................... The term "public solid wasterefuse container" shall mean all solid wasteFefuse containers with a forty-four (44) gallons or one (1)to three (3)_cubic yard capacity suitable for the storage and collection of solid wasterefuse 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 ^• GUtti^°" 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, rg een wastees, solid wastefefase 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, GWRO^^° '°fuse ^r debris only if the rg een waste^"', solid wasterefr+se 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 wasterefuse, garbage eF ^WWRgS, or, being in possession and control of any solid wasterefuse, garbage GF ^61ttiRg°, shall M ATTACHMENT C 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. 6104.070 Collection of &arba2e -Solid Waste A. All refuse, garbage, GUttiRgssolid waste OF ^'ables •••blab RrP placed in the vicinity of any curb or alley for collection purposes shall become the property of the City of NewpeFt Beae#, a sanitary district,- or '4t&-eePAfaeor a 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 "'^•••^^F* Q^^^", a sanitary district, or a private collector licensed or contracted by the City of NewpeFt Bea , shall remove from any place or premises in the City, or transport over public streets, any garbage refuse, cuttings or elabo solid waste. C. No person shall enter onto private property for the purpose of collecting or inspecting refuse, garbage, ^UttiRg° oF FeGyGlablessolid waste, except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City ef Newpek Bpash, a sanitary district, or private collector licensed or contracted by the City ^f "'^W^^•t Beael 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 "^f6168 ^F ^61'fi ^^ °solid waste generated by construction, landscaping or gardening on the property when the r ^f„^^ and- ^„ff;^^° solid waste ATTACHMENT C hasve not been set out for collection by the City of Newpeq Be , a sanitary district, or a private collector licensed or contracted by the City of ni^..,^^Ft ❑^^ ^ti; 2. Any person from removing garbage refuse ^F ^ "in^ °solid waste generated on property owned or controlled by that person; 3. The immediate removal by any person of garbage, refuse ^r ^ ttif- solid waste which the Health Officer, Code Enforcement Supervisor, 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; 4. Any nonprofit organization from collecting recyclables in any manner which does not conflict with this chapter or any other provision of this Code. 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 gaFbage andFer re€usesolid waste accumulates, shall ffrevide -have a sufficient number of containers to accommodate all F ^f se and eF ^^•b^^ ^solid waste accumulated on the premises between collection days. B. The owner and tenant are each responsible for prev+d+ag— 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 & Bulky Item Requirements. A. Solid waste container requirements vary throuahout the Citv dependina upon location and the solid waste collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment W ATTACHMENT C the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste rp#ase set out for collection shall be plaGe' i^ GeRta ief +".,+ satisfy one 1 or more of the following requirements: 1. Solid waste shall be placed in a The ^^^+^;„^. shall Rot ^ ^a +";F+., five (35). gallons ;n E;apa +, ;container provided bv, or allowed bv, the City, a sanitary district or ltsa permitted contractor, for use in the specific area the container is provided or used in oRe „f +".^^ _ �..�. rrr_�ars�nra 7-23. If allowed by the solid waste collector servicing an area. persons may use 9sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste garbage —and refi-;se °"^" he deemed +^ satisf„ +"^ Feq eRtS Of +"•l; provided that each filled fell --bag, including contents, .-GM r^s .,ith the vieight (fifty (50 PGWRd M@XiMWM) „a GapaGit�' r ^,psis no greater than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled,. 3. If allowed by the solid waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively. "box ") weighing fifty (50) pounds or less, including contents; :. I�lI� rrr_�ars�nra 7-23. If allowed by the solid waste collector servicing an area. persons may use 9sturdy, grease- resistant, waterproof nonreturnable bags which are specifically designed for solid waste garbage —and refi-;se °"^" he deemed +^ satisf„ +"^ Feq eRtS Of +"•l; provided that each filled fell --bag, including contents, .-GM r^s .,ith the vieight (fifty (50 PGWRd M@XiMWM) „a GapaGit�' r ^,psis no greater than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled,. 3. If allowed by the solid waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively. "box ") weighing fifty (50) pounds or less, including contents; :. ATTACHMENT C 4. If allowed by the solid waste collector servicing an area, a business owner or operator may use thirty -five (35) gallon containers to dispose of solid waste; or 5. Bulky item collection (e.g., an item that does not fit within an approved container, box or bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed or contracted by the City. The City shall post on its website or such other public location a list of the bulky item collection rules and regulations specific to the various areas of the City. B. No person shall place any ^° ^' ^i^°.F Vlith refuse solid waste on public property for collection unless the solid waste is in at#e container, box, or bag that fully complies with subsection (A) of this section. _No solid wasterefuse will be collected unless the solid waste mfi se is placed in a containers, box or bag that compliesy with subsection (A) of this section. No person shall place any bulky item on public property for collection unless the bulky item fully complies with subsection (A) of this section. No bulky item will be collected unless the bulky item complies 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. 6..04.095 Commercial Solid WasteRefuse Bin Requirements. ......... ......... ......... Any business which utilizes commercial solid wasters bins for the storage of solid wastegarbag° er ref 6i-&-- 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 wasterc° bins shall ensure that the solid waste^^"^^° and • °f' °° 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. Any business utilizing commercial solid waste bins shall keep the bin storage area clean and free of trash and debris and ensure that all oil, grease, fluid and other items are contained with the bin storage area. The commercial solid waste bin storage area shall M ATTACHMENT C stains or odors. . 0- 00 CuttonqsGreen Waste. Tree limbs, branches, hedge cuttings, arid similar green waste materials may also be disposed of by placing them in refuse a solid waste containers, box, or baq in sUGh with . • section 6.04.090. Said rnate.riRls FRay alse be plaGed OR the gFRIIRd Rt the 6.04.110 Contents of Containers. Contents of containers shall be limited to gaFbag^ •ef se and ^ "^^ ^solid waste as a„ri ^„a OR e^^ +l„^^ 6.04.010, a nn 02n and a nn 030 heFeiR except as qualified to the extent set forth in this section: A. r_^Food waste or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor, and access to flies and animals; B. Re'Rse: Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must be securely wrapped. Newspapers and ^ may be plaGed 9R the greuRd fer if se nu rely tied OR b6IRdlPS Aet to PXPPPd fifty (50) PeUR(46 iR weight; C. G61ttfRgs- 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, Boxes, Bags or Bulky Items for Collection. 11 A. Storage of Containers, Boxes, Bags or Bulky Items. :: ATTACHMENT C 1. Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the sideyard and beyeRd a !i^^ dFaWR paFallel to +h^ alley fFGM the a of the building Glesest to the alley to the ad L,Ge Rt p eFt.. Ii^^ except when the containers, boxes, bags or bulky items are placed out for collection. If located within a sidevard, the containers, boxes, bags or bulky items shall be stored beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line. 2. Where solid waste is collected from an alleyway, and container storage in a garage, carport, trash enclosure or sidevard is not reasonably practicable, as determined by the Code Enforcement Supervisor, City Manager or their designee, However, where trash is olleeted free an alle.,.,^„ containers may be stored neatly against the dwelling unit or garage provided the container storage does not impede alleyway traffic, emergency vehicle access, or solid waste of feeye4,ff-truck access..- This storage exception does not apply to boxes, bags or bulky items. B. Placement for Collection. 1. Containers boxes, bags or bulky items shall be placed for collection in a location easily accessible to the solid wasterefi+se collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers boxes, bags or bulky items °ham'.; -,^ tmay be placed in the gutter or street- in a manner that does not impede traffic. 2. If solid waster-efuse is collected from an alley abutting the premises, containers, boxes, bags or bulky items 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, boxes, bags or bulky items shall be placed adjacent to the yellow line on the private property side. In no event shall containers boxes, bags or bulky items be placed more than eight Meet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. :• ATTACHMENT C 3. Unless an exception applies, Gcontainers, boxes, bags or bulky items shall not be considered placed for collection and solid wastegaFbag^ refuse ^ ^a ^„ + +,^^S will not be collected unless the containers, boxes, bags or bulky items are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers, boxes, bags or bulky items 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 boxes, or bags 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, boxes, bags or bulky items; 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 representatives 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 wastegaFbage, • °fuse and ^LIffi^^°, including the determination of standards and specifications for approved containers, boxes or bags and the placement of containers, boxes or bags. 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 M ATTACHMENT C efficient collection, removal and disposal of solid wastegaFbag F& se Eggyg' ^~'^^ and GUM RgS. 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 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°e 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 wasteFefuse containers to receive and hold solid WaStgFefUse and gaFbage 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 WasteR ? 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 wasterefase generated by the business into any public solid wasterefuse 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 WasteRpf---Rp 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 wastere4 se, into any public solid wastereftrse container located on Balboa Island. 91 ATTACHMENT C 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 wasteFefuse and gaFba ^ therein by the general public. 6.04.210...Prohibitod. Disposal ................................................................................................................................................................... ............................... A. On Another's Property: No person shall throw, deposit or leave any solid waster ^fuse ^^•b^^^ OF ^„++;^^S or who being in possession and control of any solid was.g.Fefuse, garbage eF euttings, permit itthergr_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 wasterefase, ^bage -Or ctItiRgs on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid wastethpm from such real property, within three days after receipt of written notice by the Code Enforcement Supervisor, Municipal Operations Director or their desianee 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 ^f^°^ gaFbag^ OF ^^++*^^° upon the property or premises of another. 6.04.220 Persons Required to Clean Sidewalks. . . . .. .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The occupant,4)4: tenant, ^r ^ the ,tig^^^^ .,f , aRt ^. f ^^on+ 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 wasters container by the person responsible for the cleanliness of said sidewalk. 92 ATTACHMENT C 6.04.230 Burling of Solid Waste Prohibited. With the exception of green waste. Nno person shall dispose of, or attempt to dispose of any solid waste•efuse OF gaFbag^ by burying it in or underneath the surface of the earth. 93