HomeMy WebLinkAboutTrash Disposal - File 2 of 2 - 1983 - 1984 GARBAGE, REFUSE AND CUTTINGS 6.04.010-6.04.020
Chapter 6.04
GARBAGE, REFUSE AND CUTTINGS'
Sections:
6.04.010 Garbage Defined.
6.04.020 Refuse Defined.
6.04.025 Commercial Refuse Bins Defined.
6.04.030 Cuttings Defined.
6.04.040 Beach Defined.
6.04.050 Nuisance Declared.
6.04.055 Use of Mechanical Blowers.
6.04.060 Disposal on Public Property Prohibited.
6.04.070 Hauling Restricted to Contract Agents and City
Employees.
6.04.080 Responsibility for Providing Containers.
6.04.085 Trash Compactors.
6.04.090 Garbage and Refuse Container Requirements.
6.04.095 Commercial Refuse Bin Requirements.
6.04.100 Cuttings.
6.04.110 Contents of Containers.
6.04.120 Prohibited Materials.
6.04.130 Fish and Fish Products.
6.04.140 Accumulation Limitation.
6.04.150 Storage and Placement of Containers for Collection.
6.04.160 Administration of Collection Service.
6.04.170 Costs Defrayed from Ad Valorem Tax Revenue.
6.04.180 Removal of Building Scraps.
6.04.190 Public Refuse Containers.
6.04.195 Prohibition on Private Use of Public Refuse Containers on
Balboa Island.
6.04.200 Tampering with Public Refuse Containers.
6.04.210 Prohibited Disposal.
6.04.220 Persons Required to Clean Sidewalks.
6.04.230 Burying of Garbage and Refuse Prohibited.
6.04.240 Violation an Infraction.
#04.010 Caliber Def w d- I%e term "garbage"-d all mean and rude
all-enimal and vegetable re'fuze incident to preparation or handling of food.
f0rdd.1403 4 1 (pwt), 1971):
Mg.M'7- ftfnse peftneC*The ,'tetra `5cefum" ihaU mean and inclune
mbW,ab abd trash 'aucti'as piper, newspapers, tag, cardboard, fiber, metal,
1. water and sewers—See Title 14.
Prior ordinance history — 1949 Code if 5200—5221,as amended by Ordinances 687,921,1164
and 1192.
123 (Newport Beach 11.83)
. d
6.04.025-6.04.055 HEALTH AND SANITATION
$ass, carton,container, box, bottle or jar,and other articles or materials of e
trtute nornmlly-�tcarded as -household or business refuse. (Ord.
ps"508", 1, 1974: Ord. 1403 § 1 (part), l 971).
6.04.025 Commercial Refuse Bins Defined. The term "commercial
refuse bin" shall mean any container, which requires special collection equip-
ment, and is designed for the storage of garbage or refuse generated by any
business which cooks or prepares food or sells food which is not fully
wrapped or packaged. (Ord. 82-29 § 1, 1982).
6.04.030 Cuttings Defined. The term "cuttings" shall mean and include
trimmings from trees or shrubs, plants, grass cuttings, or removed or
discarded branches,shrubs,or plants. (Ord. 1403 § I (part), 1971).
6.04.040 Beach Defined. The term "beach" shall mean and include all
the shore of the Pacific Ocean lying southerly of the most southerly line of
the public street nearest and parallel to the ocean and all the shore of the
harbor, and any bay or channel in the City of Newport Beach. (Ord. 1403 §
1 (part), 1971).
6.04.050 Nuisance Declared. The accumulation and existence of gar-
bage, refuse or cuttings 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 i
nuisance. No person who owns, controls or occupies any premises in the
City shall cause, permit or allow any such nuisance to exist thereon. (Ord.
1403 § 1 (part), 1971).
6.04.055 Use of Mechanical Blowers. A. MECHANICAL BLOWERS.
Whenever used in this code, the words MECHANICAL BLOWER shall refer
to a device which is used, designed or operated to produce a current of air
by mechanical, electrical or other means to push, propel or blow cuttings,
refuse or debris.
• B. USE OF MECHANICAL BLOWER. Mechanical blowers may be
used and operated within the City to sweep or clean any surface of cuttings,
refuse or debris only if the cuttings, refuse or debris so swept or blown are
not left in or upon any street, public place or right-of-way, public beach, or
on the shore,or in the waters of Newport Bay.
C. VIOLATIONS:
i. .Any person who uses a mechanical blower and causes or permits
cuttings, refuse or debris swept or blown by the mechanical blower to be
left in places contrary to the provisions of subsection B hereof is guilty of an
infraction.
ii. Any person who operates any mechanical blower between the hours
of 10:00 p.m. and 7:00 a.m. shall be guilty of an infraction. (Ord. 83-23 § 1, l
1983;Ord. 1828 § 1, 1979).
(Newport Beach 11-83) 124
M
GARBAGE, REFUSE AND CUTTINGS 6.04.060
6.04.060 Disposal on Public Property Prohibited. No person shall throw,
deposit or leave any refuse, garbage or cuttings, or, being in possession and
control of any refuse, garbage or cuttings, shall permit the same to be
thrown, deposited, or left in or upon any street, public beach or other public
124a (Newport beach 11-83)
N M
GARBAGE, REFUSE AND CUTTINGS 6.04.070-6.04.085
place, or on the shore, or in the waters of Newport Bay within the City.
(Ord. 1403 § 1 (part), 1971).
VUMWV'- %a&g Restricted To Contract Agents And CYty r f
*ft t;garbage or cuttings which are placed within the vicuu
curb or alley for collection purposes shall become the property of the City
of Newport Beach, and no person other than contract agent or employees of
the City or a sanitary district acting in the scope of their agency or
employment, and private collectors having a license to do so from the City,
shall remove from any place or premises in the City or transport over the
public streets thereof any such garbage, refuse or cuttings.This section does
not prevent the following: (a) A person from gathering and removing refuse
or cuttings from premises as a result of construction, landscaping or
gardening services when the same has not been set out for collection by the
City, the district or a private collector; (b) a person from removing garbage,
refuse or cuttings which have been generated on premises owned or con-
trolled by him; (c) the immediate removal by any person of garbage,refuse
or cuttings which are found by the Health Officer, General Services Di-
rector, Fire Marshal or Community Development Department Director to
constitute a nuisance or a danger to the public health, safety or general
welfare; or (d) any non-profit organization from collecting discarded news-
papers in any manner which does not conflict with this ordinance or any
other provision of this code. (Ord. 1558 § 2, 1974: Ord. 1403 § 1 (part),
1971).
6.04.080 Responsibility for Providing Containers. Every owner, occu-
pant, manager or person in control of the premises of any dwelling unit or
units, or of any place of business or institution within the City where
garbage and/or refuse accumulates, shall provide or cause to be provided a
sufficient number of containers to accommodate all refuse and/or garbage
accumulated on the premises between collection days. The owner, occupant,
manager or person in control of the premises shall be jointly and equally
responsible for providing the required number of containers, and upon the
failure to do so, the owner, occupant, manager or person in control of the
premises shall comply with the requirements of this section within five (5)
days after receiving notice so to do. Failure of the owner,occupant,manager
or person in control of the premises to provide the required containers with-
in the time set forth in the notice so to do shall constitute an infraction.
(Ord. 1867 § 1, 1980: Ord. 1403 § 1 (part), 1971).
6.04.085 Trash Compactors. Every newly constructed dwelling unit
shall contain a trash compactor. For purposes of this section, newly con-
structed shall mean a dwelling unit for which an application for building
permit is submitted after the effective date of the ordinance codified in this
section, except for new residential units being constructed in phases under
subdivision maps approved prior to the effective date of the ordinance
124-1 (Newport Beam 2242)
1
6.04.090 HEALTH AND SANITATION
codified in this section. For purposes of this section, trash compactor shall
mean a device, electrically powered, which is designed solely to compress
trash and refuse for transfer to another container. The requirements of this
section shall not apply to dwelling units that exist as of the effective date of
the ordinance codified in this section,and whiTch are thereafter remodeled or
rehabilitated. (Ord. 1858 § 1, 1980). 1
6.04.090 Garbage and Refuse Container Requirements. Any one
container shall not exceed 45 gallons in capacity and 50 pounds in weight,
including contents. Containers shall be constructed of metal,plastic or other
watertight material; shall be equipped with handles and a cover sufficient to
prevent odor from escaping the container, flies and other insects from
reaching or coming in contact with garbage, the contents from being blown
away, and rain from entering such container. Said container shall be tapered
for easy emptying, with the diameter of the bottom of the container less
than the diameter of the top, but such difference not exceeding five (5)
inches. In place of the containers. specified herein, garbage, refuse and
cuttings may be placed for collection in sturdy, gmase-resistant,waterproof
non-returnable bags which are specifically designed for garbage and refuse
disposal;said bags must be securely tied to prevent spillage. _
The use of oil drums as garbage and refuse containers is prohibited.
(Ord. 1403 § 1 (part), 1971).
(Newport Beach 1242) 124-2
GARBAGE, REFUSE AND CUT rINGS 6.04.095-6.04.120
6.04.095 Commercial Refuse Bin Requirements. Any business which
utilizes commercial refuse bins for the storage of garbage or refuse 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 refuse bins shall ensure that
the garbage and refuse 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. (Ord. 82.29 § 2, 1982).
6.04.100 Cuttings. Tree limbs, branches, hedge cuttings, and similar
materials may also be disposed of by placing them in refuse containers in
such manner that the lid can be secured and the contents may be readily
emptied. Said materials may also be placed on the ground at the collection
place if they are securely tied with cord into bundles four (4) feet or less in
length, eighteen (18) inches or less in diameter, and not mote than 50
pounds in weight. In addition, said materials may be placed in cardboard
cartons which are not longer than four (4) feet and which do not have a
loaded weight exceeding 50 pounds, and such cartons will be collected with
the contents. (Ord. 1403 § 1 (part), 1971).
6.04.110 Contents of Containers. Contents of containers shall be limited
to garbage, refuse, and cuttings as defined in Sections 6.04.010, 6.04.020,
and 6.04.030 herein, except as qualified to the extent set forth in this
section:
(a) Garbage: Food waste or animal feces must be thoroughly drained
and securely wrapped to prevent leakage, odor, and access to flies and
animals; .
(b) Refuse: Feathers and ashes must be dampened and securely
wrapped, and vacuum cleaner sweepings must be securely wrapped.
Newspapers and magazines may be placed on the ground for collection if
securely tied in bundles not to exceed 50 pounds in weight_
(c) Cuttings: Grass, tree, shrub and flower trimmings, leaves and weeds
must be contained as set forth in Section 6.04.100. (Ord.. 1403 § 1 (part),
1971).
6.04.120 Prohibited Materials. The following materials are prohibited.
in refuse set out for collection: Ammunition; explosives; industrial wastes;
chemicals; pathological, toxic and radioactive waste;acids;drugs;medicines;
human fetes; unwrapped animal feces; dead animals; liquids; paints; any
substance the disposal of which is regulated by the Hazardous Substances
Act, or regulations adopted pursuant thereto. Any material, the disposal of
which is prohibited within County land fills, including, but not limited to,
items longer than 4 feet in length or items more than 18 inches in diameter;
125 cNwpon B"Cb ssai
r
6.04.130-6.04.1 SO HEALTH AND SANITATION
lube oils; and items which are too large for, or which may damage, the
collection equipment or machinery such as large pieces of metal, machine
parts, logs and tree stumps. Sod and building scraps as explained in Section
6.04.180 may be refused at the discretion of the collector.
The General Services Director is hereby authorized to promulgate
rules, regulations and standards regarding the types and nature of materials
which are to be prohibited in refuse set out for collection, but those
standards, rules and regulations will not be effective unless and until adopted
and approved by resolution of the City Council. (Ord. 83-15 § 1, 1983:
Ord. 1403 § 1 (part), 1971).
6.04.130 Fish and Fish Products.= Each wholesale and retail fish
business, fish preserving plant, fish cold storage plant, fish market, and each
business dealing in fish or fish products, shall dispose of, promptly and in a
sanitary and clean manner, and at its sole cost and expense, all garbage
accumulations in reference to its respective business, and at all times keep its
respective business premises in a sanitary manner free of garbage
accumulations and refuse, and shall at all times prevent any odor or smell
from escaping from its respective business premises and shall also exclude all
Gies and other insects from reaching or coming in contact with refuse or
garbage accumulations from its respective business premises. (Ord. 1403 § 1
(part), 1971).
6.04.140 Accumulation Limitation. No person who owns, controls or
occupies any premises shall permit garbage to accumulate for a period in
excess of one calendar week, or refuse or cuttings to accumulate for a period
of fifteen days, or fail, refuse or neglect to place such garbage and such
refuse and cuttings for collection in accordance with schedules established
therefor, the provisions of the Chapter, and rules and regulations established
pursuant thereto. (Ord. 1879 § 1, 1981: Ord. 1403 $ 1 (part), 1971).
6.04.1 SO Storage and Placement of Containers for CoUection.
Containers, except when placed out for collection, or stored in alleys, shall
be stored out of public view from any street. When compliance with this
requirement is determined not to be feasible by the General Services
Director, he may grant a revocable exception in writing. Containers shall be
placed for collection in a location easily accessible to the refuse collector on
the street side of sidewalks, in the parkway, or in driveways next to the curb.
Containers shall not be placed in the gutter or street. When the premises abut
upon an alley, containers shall be placed for collection at or next to the
abutting property line in the alley, but in no case shall the containers
obstruct any vehicular travel through the alley. Containers shall be placed for
collection by 7:00 a.m. on collection days, but not earlier than 7:00 p.m.
the day preceding the collection day. Containers shall be removed from the l
2. Fish cuwmt sad reduction—See Chapter 6.12.
(N-wpm each s.as) 126
GARBAGE, REFUSE AND CUTTINGS 6.04.160
collection location as soon as possible after collection, but no later than 7:00
a.m. of the day following collection. (Ord. 1403 § 1 (part), 1971).
6.04.160 Administration of Collection Service. The City Manager or
designated representative shall administer the provisions of this Chapter. In
carrying out this responsibility, he shall have the following powers and
duties:
126-1 (Newport Beach 5-53)
• � d
GARBAGE, REFUSE AND CUTTINGS 6.04.170-6.04.195
(a) Establish the routes, hours and days of collection and he may
change the same as he 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 garbage, refuse and cuttings,
including the determination of standards and specifications for approved
containers and the placement of containers. 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
garbage,refuse and cuttings. (Ord. 1403 § 1 (part), 1971).
6.04.170 Costs Defrayed from Ad Valorem Tax Revenue.3 The cost and
expense of collecting, hauling away and disposal of garbage, refuse and
cuttings, as those terms are defined by Sections 6.04.010, 6.04.020 and
6.04.030, shall be defrayed exclusively from the ad valorem tax revenues of
the City of Newport Beach. (Ord. 1403 § I (part), 1971).
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 refuse
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. (Ord.
1403 § 1 (part), 1971).
6.04.190 Public Refuse Containers. The City Manager or designated
representative shall procure, place and maintain at suitable places on certain
business sidewalks, the public beaches, piers and bay and ocean front street
ends a sufficient number of refuse containers to receive and hold refuse and
garbage generated by the general public at those locations. The General
Services 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 General Services Director to furnish and provide such containers shall
not be held or construed to relieve any person from the penalties of this
Code. (Ord. 1857 § 1, 1980: Ord. 1403 § 1 (part), 1971),
6.04.195 Prohibition on Private Use of Public Refuse 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,
3. 1949 Code Section 5212,which was derived from Initiative Ordinance 878 adopted by a vote of the
people on June 2,1959,and became effective on June 19, 1959.
127 (Newport Beach 5-82)
V
I
j REQUEST FOR CITY COUNCIL ACTION
Date January 18, 1984
Submitted to: Honorable Mayor and City Council
Submitted by: C. W. Thompson, City Administra
Prepared by: Paul E. Cook, Director of .Public Works ,n0 f/Q,v T6 Air'0"'-C-
Subject: Solid Waste Management Study �'71
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The County has closed Transfer Station II in Huntington Beach and will soon close
Station I in Stanton.
RECOMMENDATION:
Approve the selection of Engineering Science and authorize staff to negotiate a
contract to perform a study of alternatives to the current organization of County
owned and operated transfer stations.
ANALYSIS:
A consortium of cities in northwest Orange County requested-proposals from qualified
consultants with expertise in solid waste.management for a study of alternatives
to the current organization of County owned and operated transfer: stations.
The existing system to be studied .consists of Transfer Stations I and II located
in Stanton and Huntington Beach.. Refuse from twelve cities, collected by sanitary
districts and private contractors, has been brought to either County operated
transfer stations or landfills. The refuse brought 'to the transfer stations has
been hauled to the landfills by County staff and equipment. The County is now closing
Transfer Stations I and II. The affected cities .are concerned as to the ramifica-
tions of closure of one or more transfer stations or their sale to an individual
city or private contractor. In addition, one private contractor, Rainbow Disposal,
has constructed their own transfer station in Huntington Beach, which has a capacity
equal to or greater than Station II.
The scope of work includes the following tasks:
Several alternatives to the current method of utilizing County owned and operated
transfer stations to dispose of private and city generated refuse (tree trimming
and street sweeping) have been identified.
The purpose of the study is to review the cost and the tonnage data provided by the
County for transfer stations and analyze alternatives available with respect to
implementation, chances for full cost recovery and case history of similar operat-
tions in other counties.
Alternatives to the current system to be considered in the analysis are:
1. Closure of one station and sale-of the other stations to one city, consortium
of cities, or one or more private contractor.
PIO 4/81
Request for Council0ion
Solid Waste Management Study
January 18, 1984
Page 2
2. Continued operation of one or both of the stations by the County.
3. Any alternatives which have been used in other counties and which the con-
sultant finds viable.
Requests for proposals were solicited from eight qualified-consulting firms.
Four proposals were received. The firm of Engineering Science was determined to
be best qualified to perform these services.
FUNDING SOURCE:
The cost of the study is $19,650 which would be shared on a basis yet to be de-
termined with other cities. It is anticipated that the cost to Huntington Beach
will be $13,500 or less to be financed fram unappropriated fund balance.
ALTERNATIVES:
Do not approve undertaking this study.
ATTACHMENTS:
None
CWr:PEC•�B:Jy
REQUEOFbR CITY COUNCWCTIO
Date February 17, 1983
Submitted to: Mayor and City Council
Submitted by: Charles W. Thompson; City Administrat r
c PPROVED BY. CITY COUNCIL
Prepared by: Paul E. Cook,. Director of Public Works V
Subject: Refuse Collection4MOI ,!
� CITY CLI
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
The 1982-1983 al.loca.tion to Public Works for -administration- of the costs of
refuse --collection is projected -to be insufficient in the amount of $500,000
for covering the costs through- June 30, 1983.
RECOMMENDATION
Approve the attached Budget Appropriation -Revision increasing the allocation
by an amount of- $500,000.
ANALYSIS
The 1982-1983 allocation- for refuse collection.Was approved in the amount of
$1,810,000 in. June of 1.982, which- amount. was predicted _to be sufficient to
cover the costs of the residential refuse collection contract. Subsequent .
to budget adoption, The Orange County°Supervisors adopted legislation to
commence charging fees for dumping: in.-the County Landfill and Transfer Stations
in October of 1982. These fees increased the cost of refuse collection by
approximately $75,000 ,per =month which is added to: the contract A nvoices, and
these invoices for .the service were:al:so increased in accordance with the
annual contract renegotiation. Thecurrent accoun t ba lance is $631,000, and
there remain five months of service- to cover that cost approximately $222,125
per month.
FUNDING SOURCE
Unappropriated Fund Balance.
ALTERNATIVES
None.
Attachments:
Request for Budget Appropriation Revision
Fiscal Impact Report
P10 4181
h
CITY OF HUNTINGTON BEACH
REQUtST FOR BUDGET APPROPRIATION RE ON
MAINTENANCE YARD
DEPARTMENT REQUESTING TRANSFER PUBLIC WORKS DATE February 17, 1983
DIVISION Maintenaa ce Administration
FUNDS TRANSFER FUNDS TRANSFER
FROM INTO
ACCOUNT ACCOUNT
ACCT. NO. DESCRIPTION AMOUNT ACCT. NO. DESCRIPTION AMOUNT
Unappropriated -
Fund Balance $500,000 420398 Contr. Svcs.Refuse $500,000
TOTAL $500,000 TOTAL $500,000
JUSTIFICATION: These funds are required to- cover the costs of the refuse
contract costs, together with the Orange County dumping fees.
*APPROVALS/DATES:
1 . DEPARTMENT HEAD DATE �3
2. DIRECTOR OF FINANCE DATE
3. CITY ADMINISTRATOR DATE
4. MAYOR DATE
*If between departments, requires Approval 1-4.
If within department, requires Approval 1-3.
CITY OF HUNTINGTON BEACH
LJ INTER-DEPARTMENT COMMUNICATION
HJo' E3
HUNTINGTON BEACH -
To Charles W. Thompson From F. B. Arguello
City Administrator Chief of Administrative Services
Subject Revised Appropriation To Accommodate Date February 24, 1983
Increased. Refuse Collection Rates
FIR # 83-37
In response to the Public Works Department, a Financial Impact Report has been
prepared and submitted relative to the revision of refuse collection rates as
negotiated with Rainbow Disposal in addition to the implementation of County gate
fees that have been in effect since Oc,tober, 1982. It has been estimated that an
increased appropriation of $500,000 will be adequate to fully fund anticipated
refuse costs through the remainder of the current fiscal year.
Sufficient monies are available in the City's unappropriated General Fund balance
that may be used for this purpose. An affirmative response by the City Council
will reduce the balance in the fund to $1 ,691 ,245.
F. B. ArguelI
Chief of Administrative Services
FBA/AR/cg
CITY..OF HUNTINGTON BEACH
FINANCIAL IMPACT REPORT
Project Name Revised. appropriation to accommodate increased refuse rates
Description Requested funding of this project
1 . DIRECT PROJECT COSTS
1 . 1 One-Time Costs
urn'. ac - Outside
EAzquisition Construction ties, E ul pment. Services Total Cost
500,000 00 0 0
1 .2 Recurring Annual Costs
" Ad4l�tiona MAter`ial.s 6_' utsId
Payroll Personnel Su lies Services . Revenues Total Cost
1 .3 Replacement/Renewal Costs
N/A
2. INDIRECT COSTS
Loss of interest earning potential due to exeenditure of funds.
Financial Impact Report
Page. 2 '
3. NON-DOLLAR COSTS
N/A _ — - ---- -- ------- _---__—_ ._.__—__�_ ----
4. BENEFITS TO BE DERIVED FROM THE PROJECT
Approval of the requested appropriation 's increase will provide for adequate funding
to satisfy the costs of refuse collection services for the balance of, the current
fiscal year.
5. PROJECT USAGE
Daily.
6. EXPENDITURE TIMING
Subsequent to City Council approval and staggered throughout the remainder of
the current fiscal year. j
I
7. COST OF NOT IMPLEMENTING THE PROJECT
Failure of the City Council to approve this appropriation in a timely manner will
soon impede the City' s ability to continue funding refuse collection services.
I