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HomeMy WebLinkAbout1517 ORDINANCE NO. 1517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING PORTIONS OF ARTICLE V, CHAPTER 1, AND ARTICLE VI, CHAPTER 4, PART 3, DIVISION 4 OF THE ARCADIA MUNICIPAL CODE RELATING TO REFUSE AND THE COLLECTION THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended in the following respects only: "5110.2. SAME. RESIDENTIAL REFUSE. Residential refuse shall mean and include garbage, rubbish and waste material normally resulting from the use or occupancy of dwellings." "5110.3. SAME. COMMERCIAL REFUSE. Commercial refuse shall mean and include garbage, dry garbage, rubbish and waste material generated by or resulting from any source other than the use or occupancy of dwellings." 5120. GARBAGE COLLECTION. RESTRICTED. No person shall gather or collect, or cause or permit to be gathered or collected, any garbage, or refuse; provided, however, that the provisions of this Part shall not apply to any person in the em~loy of the City who shall be assigned by the Council to the work of gathering or collecting garbage or refuse, or to any person with whom the City has entered into or may hereafter enter into a contract for the collection or gathering and removal of garbage or refuse, or to any employee of such contractor during the time such contract shall be in force. ". -1- 1517 "5l20.1. SAME. FREQUENCY. The City, its agents, employees, or the person with whom the City has entered into or may hereafter enter into a contract for the collection and removal of garbage or refuse, shall, at the request of the manager, tenant, occupant or lessee of any property in the City, collect and remove all garbage and refuse accumulated at the intervals specified in the following subsections hereof. Garbage or refuse presented for collection must have been accumulated from or generated by the use of the property from which the collection is made." "5120.2. GARBAGE AND REFUSE RECEPTACLES. Any garbage or refuse vessel, can or receptacle which leaks and is not water tight shall be replaced by the person from whom the garbage or refuse is collected, within ten (10) days after notice from the collector of garbage or refuse stating the condition of such vessel, can or receptacle. Such notice from the collector shall be made by attach- ing a tag to such vessel, can or receptacle, and indicating thereon the defective condition thereof." "5120.2.1. SAME. PLACE FOR COLLECTION. Every person desiring to have garbage or refuse collected from any hotel or place of business shall place such garbage or refuse receptacle within five feet (5') of the alley in the rear of such premises where there is an alley other than a blind alley; and if there be no alley other.than a blind alley in the rear of such premises, then such receptacle 'shall be placed at some convenient location on the premises. Every person desiring to have refuse collected from any residential street or alley shall place such refuse -2- l5l7 receptacle within five feet (5') of the street or alley. All garbage or refuse to be collected as provided in this Part shall be placed at the locations designated herein prior to the hours fixed for the collection of garbage or refuse." "5120.5.1. SAME. EXCEPTION. Garbage and refuse may be placed on a parkway within twenty-four (24) hours of the date and time specified by the Manager for the collection of such re~use by the City or by any person under contract with the City for such collection, if. placed in containers or tied in bundles in accordance with the provisions of this Part." "5120.7. COLLECTION RATES. The Council may by resolution fix and determine the uniform rates that may be charged by any person 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 other than the fee or rate thus fixed and determined." "5120.9.' HOURS OF OPERATION. The collection of residen- tial refuse shall be confined to Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. Collections may be made on Saturday between 7:00 a.m. and 5:00 p.m. if a holiday occurs within the preceding six (6) days. The collection of commercial refuse shall be confined to Sunday through Saturday between the hours of 7:00 a.m. and 5:00 p.m., except that commercial refuse collection may be commenced in certain defined geographical locations or areas at earlier hours as specified by Council resolution. If in the -3- 1517 judgment of the City Manager conditions warrant a temporary de- parture from the days and hours of such collection, 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 (2l weeks." SECTION 2. Section 5110.5 of the Arcadia Municipal Code is hereby repealed. SECTION 3. Article VI, Chapter 4, Part 3, Division 4 of the Arcadia Municipal Code is hereby amended in the following respects only: "6434. PERMIT REQUIRED. No person shall collect, haul or dispose of commercial refuse in the City without obtaining a permit to do so pursuant to Chapter 3 of this Article." "6434.2. LIMITATION. No more than five (5) permits for the collecting, hauling or disposing of commercial refuse in the City shall be in effect at anyone time. In granting permits, preference shall be given first to such applicants who qualify therefor as shall have had a permit from the City for the period immediately preceding the period for which application is made." "6434.6.1. SAME. SAFETY INSPECTION. BRAKES. The brake system of each vehicle used for collecting, hauling or disposing of residential or commercial refuse in the City shall be inspected and certified twice each year by the California Highway Patrol or by a brake inspection station licensed by the California Highway Patrol. Notice of such certification shall be filed with the License Officer and the Chief of Police each June and December -4- 1517 prior to the issuance of a business license, and as vehicles are placed into service. Failure to submit required notice of such certification shall be grounds for suspending the Contractor's business license until a notice evidencing passage of inspection as required is received by the License Officer and Police Chief." "6434.6.2. SAME. SAME. LIGHTS AND OTHER EQUIPMENT. Each vehicle of three (3) or more axles used for collecting, haul- ing or disposing of residential or commercial refuse in the City shall be maintained in conformance with the Motor Carrier Safety Regulations set forth in Title l3 of the California Administrative Code (Motor Vehicles)." "6434.6.6. SAME. WARNING DEVICE. Each vehicle used for COllecting, hauling or disposing of residential or commercial refuse shall be equipped with an audible warning device that is activated when the vehicle is backing up." SECTION 4. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of -5- 1517 Arcadia held on the 18th day of February , 1975, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Helms, Lauber and Scott NOES: None ABSENT: Councilman Saelid SIGNED AND APPROVED this 18th day of February, 1975. c:ir~~~~~ yor of t e c~ty 0 Arca ~a ~,2~ C~ty Clerk ~ (SEAL) --- -6- 1517