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HomeMy WebLinkAboutOrdinance #3148 ORDINANCE NO. 3148 AN ORDINANCE OF CITY F TI T O D THE C T 0 HUN NG ON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5 .41 RELATING TO THE COLLECTION OF RECYCLABLE MATERIALS WHEREAS, the State of California has passed an Integrated Waste Management Act mandating the regulation of the collection of recyclable materials by local governments; and The City Council of the City of Huntington Beach has 1' approved an Integrated Waste Management Plan, in which the collection of recyclable materials is a major element; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 3' SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding Chapter 5 .41, said Chapter to read as follows : k Chapter 5 .41 is COLLECTION OF RECYCLABLE MATERIALS Sections : 5 .41. 010 Intent and Purpose 5 .41. 020 Definitions 5 .41 .030 Residential Prohibition 5 .41. 040 Commercial Prohibition 5 .41. 050 Householder ' s Exception 5 .41. 060 Gardner ' s Exception 5 .41. 070 Commercial Exception 5 .41. 080 Contractor ' s Exception 5 .41. 090 Violation--Penalty 5 .41. 010 Intent and Purpose. It is the intent and purpose of I this Chapter to establish general operating procedures and standards which will enable the City of Huntington Beach to conform to the mandates of the California Integrated Waste Management Act of 1989 . 5 .41. 020 Definitions . For purposes of this chapter, the following terms are defined: J, AJFk4/92138 1 Y (a) Director of Public Works - means the Director of Public Works of the City of Huntington Beach (b) Recyclable Materials -- means all waste materials generated on or emanating from residential, commercial, or industrial premises that retain salvage value. (c) Source Separated Recyclables - means recyclable materials which are separated on a commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value. (d) Licensed Recycler - means any person licensed by the City of Huntington Beach and approved by the Director of Public Works to engage in resource recovery. (e) Resource Recovery - means any use of refuse or solid waste collected pursuant to this chapter other than for landfill disposal or transfer to landfill disposal . 1 5 .41. 030 Residential prohibition. No person, except the city refuse collector, shall collect recyclable materials from any residential premises in the city. 5 .41. 040 Commercial prohibition. No business enterprise shall employ or use any person other than the city refuse collector to store or transport recyclable materials for a fee, charge or other consideration. 5 .41 . 050 Householder ' s exception. No provision of this chapter shall prevent a residential householder from donating or selling recyclable materials generated in or on a residential premise. 5 .41. 060 Gardener ' s exception. No provision of this chapter shall prevent a gardener, tree trimmer or other person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and other similar materials accumulated as a product of his service. 5 . 41. 070 Commercial exception. No provision of this chapter shall prevent a business owner from selling to a licensed recycler any source separated recyclables generated in or on the premises of the business, but no longer useful to same, so long as the buyer of said materials is not engaged in the business of collecting solid waste for a fee or other charge or consideration and does not transport materials thereby collected to a landfill or transfer station (as defined in Public Resources Code Section 40200) for disposition. 5 .41. 080 Contractor ' s exception. No provision of this chapter shall prevent a licensed contractor having a permit for the AJFk4/92138 2 3148 Y demolition and/or reconstruction of a building structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from having such salvageable items removed and transported from the premises of the demolition and/or construction site, provided that said materials are not transported to a transfer station or landfill . 5 .41 . 090 Violation -- Penalty. h v' provision (a) Any person who violates any p o ision of this chapter shall be quilty of an INFRACTION. (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (c) The director shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (d) Any person adversely impacted by a ruling made by the h director pursuant to this chapter may appeal same by following the procedure described in Sections 5.40.070 and 5.40.080 of this code. SECTION 2 . This ordinance shall take effect thirty Y (30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day Of July 1992 . Mayor ATTES :-,._, APPROVED AS TO FORM: City Clerk City AttorneyGs j-Ili -PM I REVIEWED AND APPROVED: ITIA E APP OVED: City Administrator Direct r, Public Works I' I L k'! AJFk4/92138 3 is 3148 Ord. No. 3148 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 1st day of June 19 92 and was again read to said City Council at a regular meeting therof held on the 6th day of July 19 92 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Robitaille, Mouiton7Patt=am, kjjacbail . Silva. Green, Marallistgr, Kpily NOES: Councilmembers: None ABSENT: Councilmembers: None 1, Connie emd"y OfTY CLERK of the City of HL"Mton Beach and ex-officio Clerk of to City Courdl,do herEby certify ',imt a ;synopsis Of fts h ordnam has been puuished in the Daily Pilot on -City Clerk and ex-officioRlerk 'A of the City Council of the City in wwdance with ft*CRY Charter Of said City. of Huntington Beach, California Connie Brockway City Clerk (,pep*City Clerk