Loading...
HomeMy WebLinkAbout2014-7 - Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and DisposalORDINANCE 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 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 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(8)(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. Page 14 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 .� 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 bins 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. •..- 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. Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the sideyard, and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers, boxes, bags or bulky items are placed out for collection. 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. 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 i-•' O 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 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 Page 19 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. 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 Page 110 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. N N N Page 111 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: Selich Daigle, Mayor Bill NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ATTEST: L ILA I I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTCrY'S�OFFICE r t AARON C. -HARP, CITY ATTORNEY Page 112 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Cristal McDonald, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council. is seven; that the foregoing ordinance, being Ordinance No. 2014 -7 was duly and regularly introduced on the 25th day of March, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of April, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Gardner, Petros, Curry, Henn, Selich, Daigle, Mayor Hill NAYS: None RECUSED: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of April, 2014. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } &�'o /41, Deputy City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -7 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: March 29, 2014 Adopted Ordinance: April 12, 2014 In witness whereof, I have hereunto subscribed my name this day of 2014. 1-1191-1 FON `: a M- , � City Clerk City of Newport Beach, California (Seal)