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HomeMy WebLinkAboutOrdinance 1438 (Recycled Materials Collection)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1438 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 9 (HEALTH AND SANITATION) OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING CHAPTER 9.18, "RECYCLED MATERIALS COLLECTION", THERETO is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the sixteenth day of August , 1982, published as required by City Charter in the San Rafael News/Pointer a newspaper published in the City modifi eo of San Rafael and/passe and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the seventh day of September 3 1982, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None and republished as modified on Wednesday, September 15, 1982. N WITNESS my hand and the official seal of the City of San Rafael this thirteenth day of September 1982. JE NAE M. LEONCINI,ity Clerk ORDINANCE NO. 1438 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 9 (HEALTH AND SANITATION) OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING CHAPTER 9.18, "RECYCLED MATERIALS COLLECTION", THERETO THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 9 of the San Rafael Municipal Code is hereby amended by adding a new Chapter 9.18 thereto to read as follows: CHAPTER 9.18 RECYCLED MATERIALS COLLECTION SECTIONS: 9.18.010 Purpose 9.18.020 Definitions 9.18.030 Recycled Material Disposal - General Requirements 9.18.040 Collection Service - Establishment - Frequency - Rates 9.18.050 Receptacle - Specifications 9.18.060 Receptacle - City Owned 9.18.070 Private Disposal of Recycled Material 9.18.080 Collection Contract 9.18.090 Recycled Materials Collector - Duties 9.18.100 Provisions Declared Minimum Standards 9.18.110 Recycled Materials Collector - Insurance Required 9.18.120 Recycled Materials Collector - Rights Under Contract 9.18.130 Recycled Materials Collector - Receipt of Charges 9.18.140 Collection by Unauthorized Persons Prohibited - Penalty 9.18.010. Purpose. The City Council of the City of San Rafael finds and determines that a municipal program for the collection, disposal, and recycling of metals, glass, and paper placed at the curbside within the City and the licensing of persons engaged therein is in the public interest and serves to promote the general welfare of the City. 9.18.020. Definitions. For the purposes of this Chapter the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise: a. "Recycled materials" means any metals, glass, or paper that have been placed at the curbside for the purpose of being collected and recycled under this program. b. "Residential Unit" means any single family dwelling, duplex, apartment house, or condominium and for the purposes of this Chapter, each apartment or flat shall be considered as a separate dwelling. C. "Person" shall mean any tenant, lessee, occupant or owner of any residential unit. 9.18.030. Recycled Materials Disposal - General Requirements. It is unlawful for any person to keep, deposit, bury or dispose of any recyclable materials, except as in this Chapter provided, in or upon any private property, public street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the City, or in or upon any of the waters thereof; and every person in the City having the obligation of the disposal of recyclable materials as provided in this Chapter shall dispose of same only in the manner provided in this Chapter. 9.18.040. Collection Service - Establishment - Frequency - Rates. A recycled materials collection service program is hereby established and shall be available to all occupants and owners of residential units in the City for the purpose of providing the orderly and regular collection of recyclable materials placed at curbside within the City for the purpose of being collected and recycled under this program. Every residential unit and/or the owner thereof, shall have available the recycled materials collection service by the official recycled materials collector of the City at least once each week, and shall pay said official collector for the collection service at the monthly rates provided therefor. The ow ner(s) of any residential unit, whether occupied by him/them shall, in addition to those persons or person as set forth above, be obligated and liable for any fees or costs for said collection. 9.18.050. Receptacle - Specifications. It shall be the duty of any tenant, lessee, owner or occupant of any residential unit having recyclable materials to dispose of, to provide without expense to the City suitable and sufficient receptacles or containers, all as may be specified by the City's official recycled materials collector, for receiving and holding without leakage all recyclable materials accumulated before same is to be collected by said collector; and all such receptacles and/or containers shall be so placed and kept at the curbside abutting said residential unit as to be readily accessible Pi for removal and collection therefrom and where they will not be a public nuisance or in any degree offensive. 9.18.060. Receptacle - City Owned. It is unlawful for any person to place or cause to be placed in any public receptacle owned by the City and located upon public streets or in public places, any recyclable materials originating within or upon any private property or residential unit within the City. 9.18.070. Private Disposal of Recycled Materials. Nothing contained herein shall preclude any person from disposing of recycled materials by removing same without utilizing the City's official recycled materials collector to do so, provided that the same is disposed of in an authorized recycled materials collection site or station that has been duly approved and authorized as such by appropriate governmental authority or other appropriate authority. 9.18.080. Collection Contract. The City Council may, with or without having invited bids therefor, enter into a contract with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of recycled materials placed at curbside within the City. Where such a contract as in this chapter and by resolution is provided for has heretofore or hereafter been entered into between the City and a contractor for the collection of recycled materials as herein provided, and said contractor shall have satisfactorily per- formed such contract, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall provide by resolution. 9.18.090. Recycled Materials Collector - Duties. The City's official recycled materials collector must provide recycled materials collection service to all tenants, lessees, occupants, and owners of all residential units situated within the City limits, provided payment for such collection service is made. The City Council may establish standard regulations for the methods of collection of recycled materials collection service charges, including the enforce- ment thereof. 3 9.18.100. Provisions Declared Minimum Standards. The provisions of this Chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare. 9.18.110. Recycled Materials Collector - Insurance Required. The City's official recycled materials collector contracted with, in accordance with this Chapter, shall be considered as and shall be an independent contractor and shall be responsible to the City for the result of the work to be done hereunder, but shall act under its own directions as to the manner of performing its work; and it shall keep itself and all of its employees insured against all liability under California Workers' and Employees insurance, compensation and safety laws and against public liability and property damage (including all such liability for use or operation of motor vehicles used in the performance of work hereunder). Such public liability insurance shall be to the extent of $1,000,000.00 (One million dollars) for each incident of death or injury to persons and/or property. Evidence of such insurance shall be filed with the City upon request. 9.18.120. Recycled Materials Collector - Rights Under Con- tract. An award of such contract shall confer upon the entity to whom the contract is awarded the exclusive right as the City's offi- cial recycled materials collector hereunder, during the term of the contract, to collect, transport, and dispose of all recycled mater- ials collected within the City as provided herein, and all provisions of this Chapter applicable to the recycled materials collector shall constitute and be part of any contract awarded hereunder. 9.18.130. Recycled Materials Collector - Receipt of Charges. A charge shall be collected by the City's official recycled materials collector from the tenant or owner of each residential unit situated within the City limits, at rates to be established by contract between the City and the official recycled materials collector, said rates to be subject to change upon approval of an agreement between the City and said official collector. 9.18.140. Collection by Unauthorized Persons Prohibited - Penalty. It shall be unlawful for any person, not otherwise excepted by the provisions of this Chapter, to collect recycled materials from the curbside in the City. Any person engaging in such unlawful 4 activity shall be guilty of a misdemeanor and may be punishable as set forth in Chapter 1.12 of the Code. DIVISION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage. LAWRENCE E. MULR AN, Mayor ATTEST: J M. LEONCIN , City Clerk The foregoing Ordinance No. 1438 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of AuEUSt , 1982, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:Jensen ABSENT: COUNCILMEMBERS:None and came up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 'Zth-_ day of September , 1982. �1 )3 - N48� JEM. LEONCINI, City Clerk