HomeMy WebLinkAbout90-27 CC OrdinanceORDINANCE NO. 90-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING REGULATIONS
GOVERNING INTEGRATED WASTE MANAGEMENT,
INCLUDING REFUSE COLLECTION AND DISPOSAL
SERVICES WITHIN THE CITY, AUTHORIZING THE
FURNISHING OF SUCH SERVICES BY THE CITY OR
PURSUANT TO FRANCHISE OR PERMIT, AND
REPEALING RIVERSIDE COUNTY ORDINANCE NO. 657
WITHIN THE CITY OF TEMECULA.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Riverside County Ordinance No. 657 as the same was
incorporated by reference into the Temecula Municipal Code by City Ordinance
No. 90-04, is hereby repealed.
SECTION 2. Chapter 6.10 is hereby added to the Temecula Municipal Code
to read as follows:
"CHAPTER 6.10
INTEGRATED WASTE MANAGEMENT
Divisions:
Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
1 Definitions
2 Integrated Waste Management
3 Fees, Franchises, and Licenses
4 Containers
5 Collection
6 Unlawful and Prohibited Acts
7 Special Collections
8 Collection Equipment
9 Self-Haulers
10 Unauthorized Collection of Recyclable Materials
11 Unlawful Dumping
13 Clean-up Responsibility
14 Violations
Ords 90-27 I
Division 1 - Definitions
Sections:
6.10.010
6.10.015
6.10.020
6.10.025
6.10.030
6.10.035
6.10.040
6.10.045
6.10.050
6.10.055
6.10.060
6.10.065
6.10.070
6.10.075
6.10.080
6.10.085
6.10.090
6.10.095
6.10.100
6.10.105
6.10.110
6.10.115
6.10.120
6.10.125
6.10.130
6.10.135
6.10.140
6.10.145
Definitions Generally.
Act.
Bulky Wastes.
Authorized Recycling Contractors.
City.
City Manager.
Collection.
Collector.
Commercial Bins.
Commercial Premises.
Container.
Contractor.
Designated Recycling Collection.
Detachable Bin.
Franchise.
Franchise Fee.
Garbage.
Gross Revenues.
Hazardous Refuse.
Place or Premises.
Recyclable Waste Material.
Recycling.
Refuse.
Residential.
Rubbish.
Single Family Residential.
Solid Waste or Waste Matter.
Standard Residential Refuse.
6.10.010 Definitions Generally. For the purposes of this Chapter the
following words and phrases shall have the meanings respectively ascribed to them by
this Division. Words and phrases not ascribed a meaning by this Division shall have
the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources
Code, Sections 40105-40200.
Ords 90-27 2
6.10.015 Act. 'Act' shall mean the California Integrated Waste Management
Act of 1989, as it may be amended form time to time.
6.10.020 Bulky Waste. 'Bulky Waste' shall mean and include, but not by
way of limitation, discarded white goods (i.e., major household appliances), furniture,
tires, carpets, mattresses and similar large items which cannot be placed in a covered
container.
6.10.025 Authorized Recycling Contractor. 'Authorized recycling contractor,'
as used in this Chapter means a person, firm, partnership, corporation, or other entity
authorized under and by virtue of a contract with the City to collect recyclable waste
material in the City.
6.10.030 City. 'City' means the City of Temecula.
6.10.035 City Manager. 'City Manager' means the City Manager of the City
or the City Manager's duly authorized representative.
6.10.040 Collection. 'Collection' means the act of collecting solid waste,
recyclables or compostables at the place of generation by an approved collector.
6.10.045 Collector. 'Collector' means, depending upon the context in which
used, either the City, another local agency or a Contractor.
6.10.050 Commercial Bins. 'Commercial bins' means bins provided by a
Collector, usually three (3) cubic yards or greater capacity designed for the deposit of
refuse, charged at commercial rates.
6.10.055 Commercial Premises. 'Commercial Premises' means all premises
in the City, other than residential premises, where refuse is generated or accumulated.
6.10.060 Container. 'Container' means any bin, vessel, can, or receptacle
used for collecting solid wastes for removal, whether owned by the Collector,
property owner or tenant.
6.10.065 Contractor. 'Contractor' means a person, persons, local agency,
firm, or corporation franchised, authorized or permitted by the City to provide refuse,
recycling, or compostable collection services within the City.
Ord~ 90-27 3
6.10.070 Designated Recycling Collection Location. 'Designated recycling
collection location,' as used in this Chapter, means the place designated in the
contract between the City and an authorized recycling contractor from which the
authorized recycling contractor has contracted to collect recyclable waste material.
This location will customarily be the curbside of a residential neighborhood or the
service alley of an commercial enterprise.
6.10.075 Detachable Bin. 'Detachable bin' means a metal container designed
for mechanical emptying and provided by the City or Contractor for the accumulation
and storage of refuse.
6.10.080 Franchise. 'Franchise' shall mean the right and privilege: (1) to
collect, (2) to transport to landfill or other licensed disposal facilities as determined
by City, and/or (3) to recycle from collected Solid Waste and Recyclables all Solid
Waste kept, generated and/or accumulated within the City from the Franchise Area.
Any Franchise is subject to all of the provisions of Title 6, Chapter 10, the Franchise
Agreement, and to any rights held by any other solid waste enterprise holding rights
pursuant to Public Resources Code Section 49520.
6.10.085 Franchise Fee. 'Franchise Fee' means the fee or assessment
imposed by the City on Contractor solely because of its status as Contractor. The
term "franchise fee" does not include:
(1) Any tax, fee or assessment of general applicability
(including any such tax, fee, or assessment imposed on both businesses and
Contractor or their services but not including a tax, fee, or assessment which is
unduly discriminatory against Contractor or its customers); or
(2) Requirements, reimbursements, charges or fees
incident to the awarding, administering, enforcing, transfer or renewal of a Franchise,
including payments of bonds, consultants, administrative expenses, fees described at
Section 6.10.300(a) of this Chapter, attorney's fees, security funds, letters of credit,
insurance, indemnification, penalties, or liquidated damages.
6.10.090 Garbage. 'Garbage' means the putrescible animal, fish, fowl, food,
fruit, bakery goods, or vegetable matter resulting from the preparation, storage,
processing, handling, decay, distribution, manufacturing, or consumption of such
substance, except suet, tallow, bones, or meat trimmings that are not rejected by the
owner or producer as worthless or useless.
Ords 90-27 4
6.10.095 Gross Revenues. 'Gross Revenues' shall mean any and all revenue
or compensation in any form derived directly or indirectly by the Contractor, its
affiliates, subsidiaries, parents and any person or entity in which the Contractor has a
financial interest, from the collection of refuse pursuant to a franchise, including, but
not limited to, monthly customer fees for collection of refuse and recyclables, special
pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins
and drop boxes, and revenue from the sale of recyclables, without subtracting
Franchise Fees or any other cost of doing business. Provided, however, that the
amount of gross revenues may be reduced by the amount of any bad debts incurred by
the Contractor or refunds returned to customers, provided that the revenue with
respect thereto has been included in the computation of gross revenues.
6.10.100 Hazardous Refuse. 'Hazardous refuse' means any compound,
mixture, substance, or article which, if improperly used, handled, transplanted,
processed, or stored, may constitute a hazard to health or may cause damage to
property and contaminate the water table by reason of being explosive, flammable,
poisonous, corrosive, radioactive, or otherwise harmful to the environment, including
wastes or refuse defined as hazardous under state or federal law.
6.10.105 Place or Premises. 'Place' or 'premises' means every dwelling
house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile
home park; store; restaurant; rooming house; hotel; motel; office building;
department store; manufacturing, processing, or assembling shop or plant; and every
other place or premises where any person resides, or any business is carried on or
conducted within the City or any other site upon which garbage, waste, or refuse is
produced or accumulates.
6.10.110 Recyclable Waste Material. 'Recyclable waste material,' as used in
this Chapter, means discarded materials such as, but not limited to, newspapers,
glass, plastic and metal cans, and compostables which are separated from other
garbage or refuse for the purpose of recycling.
6.10.115 Recycling. 'Recycling,' as used in this Chapter, means the process
of collecting and turning used products into new products by reprocessing or
remanufacturing them.
6.10.120 Refuse. 'Refuse' includes both garbage and rubbish and means
putrescible and nonputrescible solid waste or debris, except sewage, whether
combustible or noncombustible, and includes garbage and rubbish defined in this
section.
Ords 90-27 5
6.10.125 Residential. 'Residential' includes single family residences,
multifamily residences, including apartments and condominiums, but does not include
hotels or motels.
6.10.130 Rubbish. 'Rubbish' means nonputrescible unwanted or discarded
material or debris, either combustible or noncombustible including but not limited to
paper, cardboard, grass, tree, or shrub trimmings, straw, clothing, wood, or wood
products, crockery, glass, rubber, metal, plastic, construction, or demolition material,
recyclables, compostables, bulky wastes, and other municipal solid waste.
6.10.135 Single Family Residential. 'Single Family residential' includes
single family residences and any other residences that do not require bin services.
6.10.140 Solid Waste or Waste Matter. 'Solid Waste' or 'Waste matter'
means 'rubbish' as defined in this section.
6.10.145 Standard Residential Refuse Container. 'Standard residential refuse
container' means a container of a size, design, and weight prescribed by the City
Council by Resolution, for single family residential solid waste collection, designed
and manufactured for the accumulation and storage of residential refuse. The top
diameter of the container shall in no case be smaller than the diameter of the
receptacle at the bottom.
Sections:
6.10.200
6.10.205
6.10.210
6.10.215
6.10.220
Division 2 - Integrated Waste Management
Provision of Service.
Manner, Time, and Frequency of Collection.
Categories.
Collection Arrangements Required.
Prohibitions.
Ords 90-27 6
6.10.200 Provision of Service. The City shall provide for or furnish
integrated waste management services relating to collection, transfer, and disposal of
refuse, recyclables, and compostables within and throughout the City. Such services
may be furnished by any one or combination of the following:
(a) City officers and employees;
(b) Contractors franchised or licensed by the City; or
(c) Agreement with another local agency.
6.10.205 Manner, Time, and Frequency of Collection. The City Council
may establish by resolution, the manner in which integrated waste management
services are provided within the City, specifying the hours, days, and frequency of
collection.
6.10.210 Categories. The City Council may determine waste management
collection categories, i.e., residential, single family residential, multifamily
residential, commercial, industrial, special, special event, household hazardous waste
and other, and may make or impose collection requirements which vary for such
categories.
6.10.215. Collection Arrangements Required. The owner, occupant, or other
person responsible for the day to day operation of every property in the City of
Temecula shall make arrangements with the City, another local agency approved by
the City, or a contractor franchised or licensed by the City for the collection of
refuse, recyclable materials, and compostable materials as set forth in this Chapter.
6.10.220 Prohibitions. No person shall engage in the collection of solid
waste without valid authorization from the City of Temecula.
Division 3 - Fees. Franchises, and Licenses
Sections:
6.10.300
6.10.305
6.10.310
6.10.315
6.10.320
6.10.325
Fees, Franchises, and Licenses.
Residential Refuse Collection Franchise.
Commercial Refuse Collection Franchise.
Hazardous Waste Collection Franchise.
Licenses.
Liability For Fees.
Ords 90-27 7
6.10.300 Fees, Franchises. and Licenses.
(a) Pursuant to Division 30, Part 3, Chapter 8 of the Public
Resources Code Sections 41900 et seq., the City may levy fees upon contractors and
premises for refuse collection, transfer and disposal, and the collection and transfer of
recyclables and compostables. Such fees may include charges for the use of dumps or
landfills, and may include costs of preparing and implementing source reduction and
recycling elements and integrated waste management plans. The City may determine
to collect all or part of such charges on the tax roll, or by such other means as the
Council may elect, whether or not delinquent.
Co) City Council may by Resolution, waive permit fees for recyclers
and collectors of compostables.
6.10.305
Residential Refuse Collection Franchise.
(a) The City Council may award one or more franchises for refuse
collection from all or a portion of residential properties in the City. Any such
franchise shall be granted by the City Council by Resolution, upon a determination
that the public convenience and necessity are served by the award of a franchise.
Co) The franchise shall be granted on such terms and conditions as
the City Council shall establish in its sole discretion. At a minimum, the franchise
shall provide as follows:
(1)
single family and multifamily).
Residential collection rates by categories (e.g.,
(2) A franchise fee to be paid to the City for a
residential franchise of not less than eight percent (8%) of gross revenues.
(3) The Franchisee shall be required to cooperate
with City in solid waste generation studies, waste stream audits, and to implement
measures to achieve the City's solid waste and recycling goals mandated by the
California Integrated Waste Management Act of 1989.
Ords 90-27 8
6.10.310 Commercial Refuse Collection Franchise.
(a) The City Council may award one or more franchises for refuse
collection from commercial (including industrial, governmental, institutional, and all
other nonresidential) properties. Such franchises shall be granted by the City Council
by Resolution, upon a determination that the public convenience and necessity are
served by the award of the franchise.
(b) The franchise shall be granted on such terms and conditions as
the City Council shall establish in its sole discretion. At a minimum, the franchise
shall provide as follows:
(1) Commercial collection rates set according to
different classes of commercial rates, based on volume, frequency of collection, and
waste stream composition.
(2) A franchise fee for commercial franchises of not
less than eight percent (8%) of gross revenue.
(3) Franchisees shall be required to cooperate with
City in solid waste generation studies, waste stream audits, and implementing
measures to achieve the City's source reduction, recycling, and waste stream
diversion goals.
6.10.315 Hazardous Waste Collection Franchise.
(a) The City Council may award additional franchises for hazardous
waste collection from commercial (including industrial, governmental, institutional,
and all other nonresidential) properties. Such franchises shall be granted by the City
Council by Resolution, upon a determination that the public convenience and necessity
are served by the award of the franchise.
(b) The franchise shall be granted on such terms and conditions as
the City Council shall establish in its sole discretion.
6.10.320 Licenses. No person shall construct or operate a solid waste
management facility including but not limited to a materials recovery facility, landfill,
cornposting facility, or buy-back recycling center without a license issued by the City,
upon satisfying all City requirements for land use and other approvals. Fees for such
licenses shall be set by the City Council by Resolution.
Ords 90-27 9
6.10.325 Liability For Fees.
(a) Every person required to arrange for refuse collection or the
collection of recyclable or compostables shall be liable for the service access fees and
charges for such collection, whether or not collection services are utilized.
(b) The owner, occupant, or other person responsible for day-to-day
operation of the premises shall make arrangements for collection to meet the
requirements of this Chapter. If service fees and charges (and any applicable interest
or penalties) are not paid as required the owner and occupant each shall be jointly and
severally liable for their payment. The City may collect the fees and charges (plus
any interest or penalties) on the property tax roll for the property.
Division 4 - Containers
Sections:
6.10.400
6.10.405
6.10.410
Containers: Location.
Use Of Containers.
Unlawful Acts.
6.10.400 Containers: Location. It is the duty of every person designated
under Section 6.10.215 in possession, charge, or control of any place within the City,
in or from which refuse accumulates or is produced, to keep in a suitable place
readily accessible to the collector, containers capable of holding without spilling all
refuse which would ordinarily accumulate on the premises between the time of two
successive collections.
6.10.405 Use Of Containers.
(a) Every person designated under Section 6.10.215 who is in charge of
residential or commercial premises shall deposit or cause to be deposited all refuse in
standard containers or bins as approved by the City Manager and the collector.
(b) No person shall maintain or place for collection any container not
in conformance with the standard container or bin designated by the City.
(c) No container shall be placed adjacent to a street or public right-
of-way for collection service more than twenty-four (24) hours prior to the normal
collection time.
Ords 90-27 10
(d) Containers shall be removed from the street or right-of-way
location within twelve (12) hours after collection.
(e) Dead animals and bulky waste shall not be set out for collection.
Bulky waste shall be collected only during annual cleanups or by contractual
arrangement between the resident or business and the Contractor.
(f) Tree trimmings and brush shall be cut into four (4) foot lengths
and tied bundles of not larger than twenty-four (24) inches in diameter for ease in
pickup.
(g) All residential solid waste must be placed out at the curb pickup
site by 6:00 A.M. on the designated pickup day.
6.10.410 Unlawful Acts. It is unlawful for any person to place refuse in,
or to otherwise use the refuse containers of another person, without the permission of
such other person.
Division 5 - Collection
Sections:
6.10.500
6.10.505
Frequency Of Removal.
Containers - Located For Collection.
6.10.500 Frequency of Removal.
(a) Persons in charge of the day to day operation of properties other
than commercial food preparation establishments, shall make arrangements to have
removed, not less frequently than once a week, from the property upon which the
residence or residences are located, all refuse on the premises.
(b) Every person in charge of commercial food preparation
establishments, shall cause all refuse to be removed from the property not less
frequently than twice a week.
(c) The City Manager may specify the frequency of collection of
refuse created, produced, or brought upon the premises of commercial or multifamily
residential premises, and the size and number of bins required.
Ords 90-27 11
(d) Collection shall be made only between the hours of 6:00 A.M.
and 5:00 P.M. of any day, Monday through Saturday. Commercial pickup may begin
at 5:00 A.M. Earlier pickup time may be authorized only upon prior written
approval of the City Manager which shall include requirements for the Contractor to
notify the affected customers prior to implementing the change.
(e) In order to prevent problems of traffic, noise, wear and tear on
the highway, or other problems having the potential to adversely affect health, safety,
or the environment, which may develop in any specific area as a result of solid waste
collection, the City Manager may regulate the routes, intervals, delivery points, and
times for collection by all Contractors operating within the City.
6.10.505 Containers - Located For Collection. During the hours for
collection, residential containers shall be placed at the curb or right of way for
collection and shall be accessible for mechanized pick-up. Commercial bins shall be
accessible to the collector.
Division 6 - Unlawful And Prohibited Acts
Sections:
6.10.600
6.10.605
6.10.610
6.10.615
6.10.620
6.10.625
6.10.630
6.10.635
Use Of Containers.
Removal Of Refuse.
Noncompactible Refuse.
Institutional, Commercial, or
Industrial Refuse.
Refuse Burning.
Franchise: Applicability.
Unauthorized Removal.
Public Nuisance.
6.10.600 Use Of Containers. The keeping of refuse in containers or bins
other than those prescribed by this Chapter, or the keeping upon premises of refuse
which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance
and may be abated in the manner now or hereafter provided by law for the abatement
of nuisances.
Ords 90-27 12
6.10.605 Removal Of Refuse. No person, other than the person in charge
of any premises, or the person authorized by law to remove any container or bin from
the location where the container was placed by the person in charge for storage or
collection, shall remove any refuse from any container or bin, or move the container
or bin from the location in which it was placed for storage or collection, without prior
written approval of the person in charge of such premises.
6.10.610 Bulky Waste. No person shall place bulky waste adjacent to a
street or public right-of-way for collection or removal purposes without prior approval
and arrangements with the collector.
6.10.615 Institutional, Commercial, or Industrial Refuse. It is unlawful for
any person to place or deposit institutional, commercial, industrial, special, or
hazardous waste in any container placed upon the public street by public authority,
and meant primarily for the disposal of refuse by pedestrians using the sidewalk.
6.10.620 Refuse Burning. No person shall burn any refuse within the City,
except in an approved incinerator or transformation facility or other device for which
a permit has been issued by the Building Official, and which complies with all
applicable permit and other regulations of air pollution control authorities, and
provided any such act of burning in all respects complies with all other laws, rules,
and regulations.
6.10.625 Franchise: Applicability. At such times as one or more
franchises for collection covering all or part of the City is in force, it shall be
unlawful for any person other than the franchisee or its agents and employees, to
collect any refuse for hire from premises covered by the franchise. This section shall
not, however, be deemed to apply to the following persons, so long as they comply
with Section 6.10.900:
(a) Recycling;
(b) Any persons engaged in the nursery or gardening business and
collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings, or other
agricultural debris;
(c) An person removing shrubbery, grass, tree cuttings, tree
trimmings, or other agricultural debris from any property owned or occupied by the
person; or,
(d) Hazardous or special wastes.
Ords 90-27 13
6.10.630 Unauthorized Removal. It is unlawful for any person, other than
a person holding a contract or franchise for the collection of rubbish, to take, remove,
or appropriate for his/her own use any refuse which has been placed in any street or
alley for collection or removal, whether the refuse is so placed in regular containers
or not.
6.10.635 Public Nuisance. It is unlawful, and a public nuisance, for any
person to occupy, inhabit, or maintain any property within the City for which
appropriate arrangements have not been made and kept in full force and effect for
regular refuse removal services.
Division 7 - Special Collections
Section:
6.10.700 Special Collections.
6.10.700 Special Collections. The City Council may authorize, and
subscribers to a refuse collection service may order, special collections of such things
as discarded furniture, white goods, Christmas trees, and other items too large to fit
in standard containers, semiannual cleanups, and household hazardous wastes, subject
to City Council approval, and the payment of rates established by the City Council,
by Resolution.
Division 8 - Collection Equipment
Sections:
6.10.800
6.10.805
6.10.810
6.10.815
6.10.820
6.10.825
6.10.830
Contractor Equipment.
Trucks: Standards.
Trucks: Maintenance.
Trucks: Identification.
Trucks: Cleaning.
Containers-Condition.
Trucks: Noise.
6.10.800 Contractor Equipment. Each Contractor shall provide sufficient
collection equipment in accordance with the terms of the contract with the City
authorizing such Contractor to provide collection, transfer, and disposal services.
0~s9~27 14
6.10.805 Trucks: Standards. Any truck used for the collection or
transportation of waste matter shall be leakproof and equipped with a close-fitting
cover which shall be affixed in a manner that will prevent spilling, dropping, or
blowing of any refuse upon the public right-of-way during collection or
transportation.
6.10.810 Trucks: Maintenance. All trucks used for collection or
transportation of refuse shall be maintained in a clean and sanitary condition, neatly
and uniformly painted, and shall carry a shovel, broom, and fire extinguisher.
6.10.815 Trucks: Identification. The owner of each truck used for
collection or transportation of refuse shall have the owner's name, telephone number,
and track number printed on each side of all trucks in letters not less than three
inches high.
6.10.820 Trucks: Cleaning. All garbage-conveying trucks, tanks,
containers, and other garbage receptacles shall be washed, cleaned, and disinfected
both on the inside and outside at least weekly, or more frequently if necessary to
protect public health. The outside of all such trucks shall be kept free from refuse at
all times.
6.10.825 Containers-Condition. The collector shall maintain in good repair
and, as necessary, replace containers and bins furnished to customers.
6.10.830 Trucks: Noise. The noise level for the collection vehicles during
the stationary compaction process shall not exceed seventy-five (75) decibels at a
distance of twenty-five (25) feet from the collection vehicle and at an elevation of five
(5) feet from the horizontal base place of such vehicles.
Sections:
6.10.900
6.10.905
6.10.910
Division 9 - Self-Haulers
Authorized Dump Sites.
Spills.
Misdemeanor.
Ords 90-27 15
6.10.900 Authorized Dump Sites. Each person collecting and disposing of
solid waste refuse shall deposit such solid waste only at disposal or dumping sites,
recycling or composting facilities as approved by the City Manager, and shall not
deposit, leave, dump, drop, place or otherwise dispose of such refuse or other waste
upon any street, alley, waterway, or other unauthorized or unimproved lot or any
other place within the City. Such persons shall report the type, quantity, volume, and
weight of refuse removed, to the City Manager, at such times as the Manager may
specify.
6.10.905 Spills. In transporting refuse any self-hauler shall take any and
all necessary steps to guarantee that refuse is not scattered. Self-haulers shall clean
up refuse spilled or dumped during removal or transport within the City.
6.10.910 Misdemeanor. Violation of this Division shall be a misdemeanor.
Division 10 - Unauthorized Collection
of Recyclable Materials
Sections:
6.10.1010
6.10.1015
6.10.1020
6.10.1025
6.10.1030
Ownership of Recyclable Waste
Material.
Unauthorized Collection Prohibited.
Right of Individual to Dispose of
Recyclable Material.
Enforcement - Authority.
Civil Action By Authorized Recycling
Contractor.
6.10.1010 Ownership of Recyclable Waste Material. Upon placement of
recyclable waste material at a designated recycling collection location for collection
by an authorized recycling contractor, the recyclable waste material shall become the
property of the authorized recycling contractor.
6.10.1015 Unauthorized Collection Prohibited. During the twenty-four (24)
hour period commencing at 6:00 p.m. on any day preceding a day designated for
collection of recyclable waste material, no person, other than an authorized recycling
contractor, shall remove recyclable waste material which has been placed at a
designated recycling collection location. Any and each such collection in violation
Ords 90-27 16
hereof from one or more designated recycling collection locations during said twenty-
four (24) hour period shall constitute a misdemeanor and a separate and distinct
offense punishable in accordance with Section 1.01.220 et seq. of this Code.
6.10.1020 Right of Individual to Dispose of Recyclable Waste Material.
Nothing in this Chapter shall limit the right of an individual person, organization, or
other entity to donate, sell, or otherwise dispose of recyclable waste material,
provided that any such disposal is in accordance with the provisions of this Chapter.
6.10.1025 Enforcement - Authority. The City Manager or his Designee shall
have the authority to enforce the provisions of this Division. This authority shall be
in addition to the authority granted to police officers pursuant to the Municipal Code.
6.10.1030 Civil Action By Authorized Recycling Contractor. Nothing in this
Chapter shall be deemed to limit the right of an authorized recycling contractor to
bring a civil action against any person who violates Section 6.12.020 of this Code,
nor shall a conviction for such violation exempt any person from a civil action
brought by an authorized recycling contractor."
Division 11 - Unlawful Dumping
Sections:
6.10.1110
6.10.1115
Unlawful Dumping.
Enforcement.
6.10.1110 Unlawful Dumping. It shall be unlawful for any person to place,
deposit, or dump solid waste of any kind whatsoever upon any property, within the
City, or to cause, suffer, or permit such solid waste to be placed, deposited, or
dumped upon any property, in the City, without first having obtained a conditional
use permit pursuant to the zoning laws of the City, as now or hereinafter amended, or
pursuant to any other zoning law that may be hereinafter adopted in the place and
stead of said zoning laws of the City.
6.10.1115 Enforcement. Pursuant to California Penal Code Section 836.5,
the Director of Planning and any City Code Enforcement Officer are hereby
authorized to enforce the provisions of this Division and as well as those of California
Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375;
California Government Code Section 68055 et seq.; and California Vehicle Code
Sections 23111 and 23112."
Ords 90-27 17
Division 13 - Clean-up Responsibility
Sections:
6.10.1310 Responsibility.
6.10.1310 Responsibility. Until picked up by a collector, each person shall
be responsible for the cleanup of any and all refuse which that person has generated,
dumped, spilled, or otherwise lost or littered, notwithstanding human or animal
interference with bins or containers (whether or not standard containers were used),
wind or other natural forces, and whether during storage, collection, removal, or
transfer. The City or contractor shall be responsible for any refuse spilled during its
storage, collection, removal, or transfer.
Division 14 - Violations
Section
6.10.1410 Violation.
6.10.1410 Violation. Except as otherwise provided in this Chapter,
violations of this Chapter are punishable as set out in Sections 1.01.200 through
1.01.260 of the Municipal Code."
SECTION 3. PRIOR ENACTMENTS. This Ordinance is intended to
replace, upon the effective date hereof, Riverside County Ordinance No. 657 as the
same was incorporated by reference into the Temecula Municipal Code by City
Ordinance No. 90-04.
SECTION 4. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be
invalid, such decision shall not affect the validity of the remaining parts of this
Ordinance.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be posted as required by law.
Ords 90-27 18
SECTION 6. EFFECTIVE DATE This Ordinance shall be in full force and
effect thirty (30) days after its passage. The City Clerk shall certify to the adoption
of this Ordinance and cause copies of this Ordinance to be posted and published as
required by Law.
PASSED, APPROVED AND~~~daY of January, 1991.
Ronald J. Parks, Mayor
ATTEST:
Ju~ Greek, Deputy City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA )
SS
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby
certify that the foregoing Ordinance No. 90-27 was duly introduced and placed upon
its first reading at a regular meeting of the City Council on the 1 lth day of
December, 1990, and that thereafter, said Ordinance was duly adopted and passed at
a regular meeting of the City Council on the 8th day of January, 1991, by the
following vote, to wit:
AYES:
5 COUNCILMEMBERS:
Birdsall, Moore, Lindemans
Mufioz, Parks
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ords 90-27 19