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HomeMy WebLinkAbout1371 ORDINANCE NO. 1371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 5120.1.3 THEREOF~ BY AMENDING SECTIONS 5120.7 AND 5120.~.1 THEREOF AND BY ADDING THERETO NEW SECTIONS 3213.5, 5110.5, 5120.9, 5120.10, 6434.3, 6434.4, 6434.5, 6434.6, 6434.6.1, 6434.6.2, 6434.6.3, 6434.6.4( 6434.6.5, 6434.7, 6434.8, 6434.9 AND 6434.10 CONCERNING THE REGULATION OF GARBAGE AND RUBBISH COLLECTION, HAULING OR DISPOSAL. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 5120.1.3 of the Arcadia Municipal Code is hereby repealed. SECTION 2. That Sections 5120.7 and 5120.8.1 of the Arcadia Municipal Code are hereby amended to read as follows: 5120.7. COLLECTION RATES. The Council may by resolution fix and determine the maximum rates that may be charged by any per- son for the collecting or removing of garbage or refuse from any premises in the City. The rates thus fixed and determined shall remain in effect for the period prescribed or until changed in like manner by the Council. No person shall charge or collect any fee or rate in excess of the fee or rate thus fixed and determined. 5120.8.1. SAME. PARKING AND STANDING RESTRICTED. No person operating or using any vehicle for the collection, hauling or disposing of garbage, dry garbage, residential combustible refuse, residential non-combustible refuse, commercial refuse, dead animals, offal, swill, manure or any other nauseous or offensive substance, shall cause or permit such vehicle to stand, remain or be parked in or upon any street longer than is necessary for the loading and hauling of any such substance to its destination. -1- 1371 SECTION 3. That Division 3 of Part 1 of Chapter 2 of Article III of the Arcadia Municipal Code is hereby amended by add- ing thereto a new Section 3213.5, the same to read as follows: 3213.5. SECTION 10.10 AMENDED. Section 10.10 of the Uniform Traffic Ordinance as adopted by Section 3211 is hereby amended to read as follows: Section 10.10. Parking on Grades. No person shall park or leave standing any vehicle unattended on a street or highway when upon any grade exceeding three percent (3%) within the City without blocking the wheels of said vehicle by turning them against the curb or by other lawful means unless a special permit is obtained pursuant to provision of subsection (a) below: (a) The Chief of Police is authorized to issue exemptions from the requirements of this section provided such vehicle is equip- ped with a special braking system of a type authorized and recommended by the California Highway Patrol and the Chief of Police. (b) Any such special permit issued by the Chief of Police shall be null and void if: 1. the brake locking device is not placed in the "on" position in all unattended vehicles; and 2. such vehicle does not carry a current State of California Department of California Highway Patrol Official Brake Adjustment Certificate issued by a brake inspection station licensed by the California Highway Patrol in compliance with Section 26453 of the California Motor Vehicle Code. SECTION 4. That Part 1 of Chapter 1 of Article V of the Arcadia Municipal Code is hereby amended by adding thereto new sec- tions 5110.5, 5120.9 and 5120.10, the same to read as follows: -2- 1371 5110.5. COMMERCIAL REFUSE. Commercial refuse shall be deemed to mean and include any dry garbage, all waste material gen- erated by or resulting from the operation of wholesale and retail businesses and all waste material generated by or resulting from the operation of industrial and manufacturing establishments; but such definition shall not include garbage as defined in Section 5110.1, building materials, rock, brick, stone, cement, plaster, soil, sod, automobile bodies or junk or salvage as defined in Section 5110.4. 5120.9. HOURS OF OPERATION. The City Council may deter- mine the days and hours during which the collection and hauling of garbage and refuse may be conducted by the City, any person under contract therefor with the City or by any person pursuant to a permit issued under the provisions of Division 4 of Part 3 of Chapter 4 of Article VI of the Arcadia Municipal Code. Such determination shall remain in effect for the period thereby prescribed or until the Council shall determine different dates or hours of collection. If in the judgement of the City Manager conditions warrant a temporary departure from the days and hours of such collection as determined by the City Council, the City. Manager may authorize collection of garbage and refuse on such days and during such hours as he deems appropriate for a period not to exceed two (2) weeks. 5120.10. COMPLIANCE WITH TRAFFIC REGULATIONS. Every vehicle used in collecting, hauling or disposing of garbage, dry garbage, refuse or rubbish shall be operated in compliance with the provisions of Chapter 2 of Article III of the Arcadia Municipal Code. SECTION 5. That Division 4 of Part 3 of Chapter 4 of Article VI of the Arcadia Municipal Code is hereby amended by add- ing thereto new Sections 6434.3, 6434.4, 6434.5, 6434.6, 6434.6.1, 6434.6.2, 6434.6.3, 6434.6.4, 6434.6.5, 6434.7, 6434.8, 6434.9 and 6434.10, the same to read as follows: -3- 1371 6434.3. DEFINITIONS. The definitions set forth in Part 1 of Chapter 1 of Article V of this Code shall be applicable to the provisions of this Division. 6434.4. APPLICATION PROVISIONS. Every application for a permit under this Division shall contain, in addition to the in- formation required by Division 1 of Part 1 of Chapter 3 of Article VI of the Arcadia Municipal Code, the following: a. A statement of facts evidencing the applicant's ability to supply the service for which the permit is required, including financial responsibility, technical ability, experience, and the availability of additional equipment for use in the event of loss, destruction, damage or breakdown of the equipment regularly used in rendering service under such permit. b. The name and address of the person or persons who shall be responsible for the compliance with all of the provisions applicable to such permittee. Before any permit issued under this Division shall be operative, such person shall in writing acknowledge receipt of a copy of all permit conditions and shall agree to be personally responsible for compliance therewith. c. Names, titles and addresses of the owners of the business conducted by applicant if said business is a sole proprie- torship, joint venture or co-partnership; the names, titles and addresses of the officers, directors and shareholders of applicant if applicant is a corporation; names and addresses of the trustor, trustee and beneficiaries if the business conducted by applicant is conducted by or as a trust. d. A description of all equipment proposed to be used in performing the service under any permit issued pursuant to this Divi- sion, including the height and capacity of all such vehicles. No -4- 1371 other equipment may be used in the performance of any service under such permit without the prior consent of the City Manager. e. A statement of the area or areas within the City which the applicant proposes to serve; a statement of the maximum charges to be made by permittee for any service rendered in said area or areas and under such permit; and an agreement that the applicant will if granted a permit collect refuse anywhere within said area or areas where he may lawfully do so at rates equal to or less than those specified in his application. f. A schedule of days and hours applicant proposes to collect garbage, refuse or rubbish within the City and an agreement that applicant will at applicant's sole expense notify each of appli- cant's customers in writing at least forty-eight (48) hours prior to any change from said schedule of collection. 6434.5. INSURANCE. No permit required by this Division shall be issued unless and until the applicant files with the City a Certificate of Liability Insurance evidencing insurance coverage in the following amounts: Property damage/auto Property damage/except auto $ 500,000 each person 1,000,000 each accident 500,000 each accident 250,000 ea6h accident 500,000 aggregate Bodily injury/auto and other Said Certificate shall likewise evidence the fact that the City is named as an additional insured in the insurance ~olicy thereby evidenced, and shall further provide that the insurance thereby evidenced shall not be cancelled, allowed to lapse or expire, or be reduced in amount, during the term of any such permit, unless the City be given at least twenty (20) days' notice in writing by the insurer prior to any such cancellation, lapsing, expiration or reduction in coverage. -5- 1371 6434.6. EQUIPMENT. ENCLOSED BODY. Every vehicle subject to this Division regularly used in the collecting, hauling or dis- posing of dry garbage, refuse (both residential and commercial) and rubbish as same are defined in Part 1 of Chapter 1 of Article V, on established routes, shall be equipped with a completely enclosed com- pactor-type body. Every vehicle used for the collection or hauling of garbage as defined by Section 5110.1 of the Arcadia Municipal Code shall be equipped with a completely enclosed water-tight metal bOdy and shall be so loaded at all times as to prevent spillage or leakage therefrom. Except when the same are actually being loaded or unloaded, all such vehicles shall be kept entirely closed so that none of the contents thereof may spill or drop from such vehicle. 6434.6.1. SAME. SAFETY INSPECTION. BRAKES. Each vehi- cle, subject to the provisions of this Division, used in the hauling or disposing of garbage, dry garbage, refuse or rubbish in the City shall be required to carry a current State of California, Department of California Highway Patrol Official Brake Adjustment Certificate issued by a brake inspection station licensed by the California High- way Patrol in compliance with Section 26453 of the California Motor Vehicle Code. Notice of such certification shall be filed with the License Officer and the Chief of Police for each vehicle to be operated in the City prior to the issuance of a business license and as vehicles are placed into service; the Chief of Police thereafter may cause the brake system of such vehicle to be inspected period- ically (up to four (4) times per year). Inspections ordered by the Chief of Police shall be the same as required prior to the issuance of a business license, ~nd a request to submit to such inspection shall not require advance notice. Upon receipt of written notice, the permittee must file a new Brake Certificate within five (5) -6- 1371 days, and failure to do so shall be grounds for suspending the per- mittee's business license until a certificate evidencing passage of inspection as required by this Section is received by the Chief of Police and the License Officer. 6434.6.2. SAME. SAME. LIGHTS AND OTHER EQUIPMENT. Any permittee operating any vehicle of three (3) or more axles for the hauling or disposing of garbage, dry garbage, refuse or rubbish shall, in addition to the brake certificate requirement, maintain and display on such vehicle a current vehicle inspection sticker indicating conformance with the Motor Carrier Safety Regulations set forth in Title 13 of the California Administrative Code (Motor Vehicles). 6434.6.3. SAME. SAME. MAINTENANCE INSPECTION. All vehicles operated under the provisions of this Division shall at all times be maintained in a safe and sanitary condition, painted and cleaned to reflect a neat appearance. The Chief of Police may cause any such vehicle to be inspected and tested at any time in such man- ner as may be appropriate to determine that such vehicle is being maintained in compliance with the provisions of this Division and in compliance with the provisions of the California Vehicle Code. 6434.6.4. SAME. LOAD LIMIT. No vehicle used for col- lection, hauling or disposing of garbage, dry garbage, refuse or rubbish subject to this Division shall be loaded in excess of the manufacturer's gross vehicle weight rating or in excess of the maxi- mum weights specified by the California Vehicle Code, whichever is less. 6434.6.5. SAME. IDENTIFICATION. Every permittee under this Division shall maintain on each side of every cab or body of each vehicle used in the collecting, hauling or disposing of garbage or refuse the name and phone number of the company or person to whom -7- 1371 such permit has been granted, in letters and numbers not less than three (3) inches in height and one-and one-half (l~) inches in width, and in a color sharply contrasting with the color of such vehicle. In addition, every permittee under this Division shall maintain in or upon every vehicle subject to this Division and available for inspection at all times, evidence of the manufacturer's name and gross vehicle weight rating for said vehicle. 6434.7. OWNERSHIP. No permit shall be issued to any per- son or company controlled directly or indirectly by any other person or company to whom a permit has been issued pursuant to this Division or who owns or controls directly or indirectly any person or company holding a permit issued pursuant to this Division. 6434.8. REMOVAL OF SPILLAGE. No permittee under this Division shall fail to pick up and remove all refuse which has been spilled or dropped on public or private property in the course of collecting or hauling of garbage or refuse. All expenses incurred by the City in the collection and disposal of any such spilled or dropped garbage or refuse shall be paid to the City, on demand, by the permittee causing or permitting such spilling or dropping of refuse. 6434.9. PRODUCTION OF CUSTOMER LISTS, RATES AND OWNERSHIP STATEMENT. Every person or company holding a permit pursuant to this Division shall, within fourteen (14) days of demand made in writing by the City Manager, produce for his inspection on a form prescribed by the Manager, a list of the names and addresses of com- mercial refuse collection customers served by the permittee within the City of Arcadia, a statement setting forth frequency of collec- tion from said customers, a list of the rates charged each such customer for said service, a profit and loss statement of permittee's -8- 1371 operations pertaining to garbage, residential combustible and non- combustible refuse and commercial refuse collection, hauling and disposal within the City for the previous year in a form satisfactory to the City Manager and a statement of the current informa.tion re- quired by sub-division (c) of Section 6434.4. Said information shall be certified as true and correct under penalty of perjury by permittee. Information obtained by virtue of this Section shall be and remain confidential information and not a public record. 6434.10. SUSPENSION. The Chief of Police may at any time suspend any permit issued pursuant to this Division if he finds that any equipment of the permittee used in the collection or hauling of garbage or refuse in the City fails to comply with any applicable re- gulation. Such suspension shall remain in effect until the next regu- lar meeting of the City Council, at which time the City Council shall set aside such suspension, extend such suspension for a specific period of time and upon specified conditions, or revoke the permit, in accor- dance with evidence presented on the matter at such Council meeting. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the official newspaper. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 6th day of February , 1968, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: Councilmen Arth, Forman, Hage and Considine None ABSENT: Councilman Butt~ // ,~ ?f?/)'(J ' City Clerk of the City of Arcadia r . SIGNED AND APPROVED this . r ~/ . /' "- ,..~ , 1968. ~ATTEST: , "thL/~ ~dTlXiL ..~ Ci ty Clerk -- CS~:L) - _.-:- -9- 1371 . .............. -- -.-::--:" ~ .:..... -