HomeMy WebLinkAboutOrdinance 1649 (Regulate Refuse & Recycled Materials)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. 164q entitled:
"AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL
CODE TO ADD CHAPTER 9.19 TO PROVIDE FOR REGULATION OF REFUSE
AND RECYCLED MATERIALS COLLECTION AND DISPOSAL AND TO REPEAL
CHAPTERS 9.16 AND 9.18."
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 7th day of
SEPTEMBER , 1993, published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a REGULAR meeting of the City Council of said City
held on the _Znth day of SEPTEMBER , 19 93 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Brei ner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
WITNESS my hand and the official seal
of the City of San Rafael this
9R+h day of S ar ,
19937.
44;��
�JEAN `M.LEONCk
ORDINANCE NO. 1f;49
AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL
CODE TO ADD CHAPTER 9.19 TO PROVIDE FOR REGULATION OF
REFUSE AND RECYCLED MATERIALS COLLECTION AND DISPOSAL AND
TO REPEAL CHAPTERS 9.16 AND 9.18.
The Council of the City of San Rafael does hereby ordain as
follows:
DIVISION 1: Title 9 of the Municipal Code of the City of San
Rafael is hereby amended to repeal Chapters 9.16 and 9.18 and to
add Chapter 9.19 as set forth below:
CHAPTER 9.19
Refuse and Recycled Materials Collection and Disposal
Article
I. Purpose and Definitions
Section
1. Purpose
Section
2. Intent
Section
3. Definitions
Article II. Storaae and Disposal
Section
1.
General
Section
2.
Dumping or Burying
Section
3.
Accumulation
Section
4.
Burning
Section
5.
Transportation of Solid Waste
Section
6.
Obligation of Disposal
Section
7.
Unauthorized Removal of Recyclable Materials;
Ownership of Recyclable Materials
Section
8.
Right to Dispose of Recyclable Materials
Section
9.
Storage
Section
10.
Storage Receptacles
Section
11.
Receptacle Location
Section
12.
Public Receptacles
Section
13.
Receptacle Maintenance
Section
14.
Tampering
Section
15.
Collection Intervals
Section
16.
Collection Schedule
Section
17.
Ownership of Solid Waste Materials
Article
III.
License or Contract
Section
1.
Contract
Section
2.
Service
Section
3.
Minimum Provisions
Section
4.
Authorized Refuse and Recycling Agent
Section
5.
Exclusive Right
Section
6.
Performance Bonds
Section
7.
Exceptions
Article
IV.
Responsibility of Authorized Refuse and Recvclina
Anent
Section
1.
Regulations
Section
2.
Periodic Service
Section
3.
Recycling
Section
4.
Liability
Section
5.
Assignment
Section
6.
Termination
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ORIGINAL
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ordinance # 1649
Article V. Rates
Section
1.
Charge for Service
Section
2.
Payment of Rates
Section
3.
Disputed Rates
Article
VI.
Penalties, Severabilitv
Section
1.
Guilty of Misdemeanor
Section
2.
Damages
Section
3.
Severability
Article I. Purpose and Definitions.
Section 1. Purpose. The purpose of this ordinance is to prevent
actual or potential public health hazards and nuisance within the
City of San Rafael, Marin County, State of California, by
regulating the accumulation, collection and disposal of solid
waste, including but not limited to garbage, rubbish, waste matter,
yard waste, recyclable materials and refuse, and to provide for the
licensing and responsibilities of persons engaged therein. It is
hereby declared to be in the public interest that the accumulation,
storage, and disposal of all such materials be handled in such a
manner as to prohibit the harboring and breeding of rodents and
insects, to reduce pollution of the air caused by burning,
fermentation or putrefaction of such materials, to prevent the
spread of disease, to reduce the hazards of fire, and to prevent
unsightliness resulting in the depreciation of property values and
the comfortable enjoyment of life.
Section 2. Intent. It is further the intention of the City of San
Rafael by this ordinance to provide for the reduction, recycling,
and resource recovery of solid waste generated within the City of
San Rafael to the maximum extent feasible and as required by State
law. Therefore, this ordinance establishes and includes a recycled
materials collection service program for all persons in the City
for the purpose of providing for the orderly and regular collection
of recyclable materials.
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Section 3. Definitions.
Authorized Refuse and Recvclina Accent: Authorized Refuse and
Recycling Agent means any person, firm or corporation with whom the
City has contracted to collect and transport solid waste (refuse
and/or recyclable materials) through the streets, alleys or public
ways of the City. (Adapted from Government Code (GC), Section
66710.5)
Curbside Proaram: Curbside program means a recycling program which
meets all of the following criteria:
(a) The program picks up recyclables from individual residences.
(b) The program is operated by, or pursuant to a contract with, a
city, county, or other public agency.
(c) The program accepts empty beverage containers from consumers
with the intent to recycle them, but does not pay the redemption
value or redemption bonus (Public Resources Code (PRC), Section
14500.50).
Designated Collection Location: Designated Collection Location
means place where an authorized recycling agent has contracted with
either the local governing body or a private entity to pick up
segregated, recyclable materials. This location will customarily
be the curbside of a residential neighborhood or the service alley
of a commercial (or multi -family) enterprise. (Government Code
(GC), Section 66713.5)
Garbaae: Garbage means all kitchen and table food waste and animal
or vegetable waste that attends or results from the storage,
preparation, cooking or handling of food stuffs. (Title 14,
California Code of Regulations (CCR), Section 17225.30)
Health Officer: Health officer means the Health Officer of the
County of Marin, acting as Health Officer for the City of San
Rafael.
Living Unit: Living unit means any structure or portion of a
structure having sleeping, cooking, and sanitary facilities.
Cooking facilities for purposes of this ordinance shall be defined
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as any combination of the following: sink, refrigerator, cupboard
and/or storage, stove, oven (including microwave and convection).
Person: Person means any person or persons, firm, association,
corporation or other entity acting as principal, agent or officer,
servant or employee, for himself or herself or for any other
person, firm or corporation. Where the pronoun "he" is used to
designate a person as herein defined, the pronoun "he" is intended
to include "he/she/it".
Premises: Premises includes a tract or parcel of land with or
without habitable buildings or appurtenant structures (CCR, Section
17225.50) For purposes of this ordinance the word premises includes
residential and commercial uses of the land, whether owned, leased,
rented or sub -rented.
Recvclable (Searegated) Materials: Recyclable (segregated)
materials means any material designated to be segregated from the
waste stream for purposes of recycling (Adapted from PRC, Section
41951). This designation shall be made by the City and the
Recycling Agent based on good public practice, ability to receive
an acceptable economic return, and feasibility of separating the
material from the waste stream at the point of collection.
Recyclable (segregated) materials are currently limited to paper,
glass, cardboard, plastics, ferrous metal, aluminum and yard waste.
Recvclina: Recycling means the process by which salvaged materials
become usable products. (CCR, Title 14, Section 17225.54)
Resource Recoverv: Resource Recovery means the reclamation or
salvage of wastes for reuse, conversion to energy or recycling.
(CCR, Title 14, Section 17225.58)
Solid Waste: Solid Waste means all putrescible and non-putrescible
solid and semisolid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, manure, vegetable or
animal solid or semisolid wastes, and other discarded solid and
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Ordinance # 1649
semisolid wastes. (PRC, Section 49503). Recyclable materials are
a part of solid waste. For purposes of this ordinance, the terms
"solid waste" and "refuse and recyclable materials" are synonymous.
Yard Waste: Yard waste means and includes all garden, tree, shrub
and lawn trimmings, leaves, weeds and non -treated wood.
Article II. Storage and Disposal.
Section 1. General. It shall be unlawful for any person to keep,
deposit, bury, burn or dispose of any solid waste, except as
provided in this ordinance, in or upon any private property, public
street, alley, sidewalk, gutter, park or upon the banks of or
within any stream or creek in said City, or in or upon any of the
waters thereof. Therefore, it is the intent of the City of San
Rafael that every person residing or conducting business in this
City shall dispose of solid waste except as otherwise provided in
this ordinance, through the Authorized Refuse and Recycling Agent
of said City. Nothing in this ordinance shall prevent an owner
and/or occupant of a residential or commercial premises from making
occasional disposals at an authorized disposal site in addition to
their regular weekly service, or from utilizing a temporary debris
box service, consistent with Article III, Section 5.
Section 2. Dumping or Burying. No person shall dump, place or
bury in any lot, land or street or alley within the City any solid
waste, without first having obtained a solid waste facilities
permit or exemption from that permit issued by the Local
Enforcement Agency (LEA) of Marin County and concurred with by the
California Integrated Waste Management Board (CIWMB). Under no
circumstances whatsoever shall recyclable materials be dumped,
placed, or buried, as above. This Ordinance shall not preclude or
prohibit the City from siting and permitting a recycling facility
consistent with the provisions of the General Plan provided that
necessary variances are obtained from the California Department of
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Toxic Substances Control.
Section 3. Accumulation. No person owning or occupying any
building, lot or premises within the City shall allow any solid
waste to accumulate or remain in or upon said building, lot or
premises, in a manner that creates a public nuisance. The owner of
any premises, business establishment, industry, or other property,
vacant or occupied, shall be responsible for the safe and sanitary
storage of all solid waste accumulated on the property. Containers
shall be filled in a manner that prevents the contents from
overflowing and allows the cover to fit securely. Containers for
garbage and rubbish shall be of an adequate size and of sufficient
numbers to contain without overflowing, all the refuse that a
household or other establishment generates within the designated
removal period (CCR, Section 17315). Overflowing refuse is a
public health violation. It shall be the responsibility of the
owner of any building, lot or premises to notify the Authorized
Refuse and Recycling Agent promptly when necessary to upgrade
collection service, to prevent refuse from overflowing existing
containers. If the City or authorized Health Officer (LEA)
determines that inadequate service causes a public nuisance or
health problem, they may order the owner to upgrade service and
lien property for any cost of clean up and/or upgraded service.
The Authorized Refuse and Recycling Agent shall upgrade collection
service immediately upon notice.
Section 4. Burning. No solid waste shall be deliberately burned
within the City without having first obtained a permit to do so
from the governmental body or agency responsible for fire
protection and having jurisdiction to issue the same. Any such
burning pursuant to permit shall be done in accordance with any and
all applicable Federal, State, County, District or other local
laws, ordinances, rules and/or regulations, including, but not
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Ordinance # 1649
limited to, requirements of any entity or agency having
jurisdiction over air pollution or public health and safety.
Section 5. Transportation of Solid Waste. No person shall move,
convey or transport or cause or permit to be moved, conveyed or
transported any solid wastes upon or along any public street or
alley or other public place in the City; provided, however, the
provisions of this section shall not apply to any person conveying
solid waste collected outside the City, nor to any person employed
by the City who shall be assigned to the work of solid waste
removal while acting within the scope of his or her employment or
to any person or entity with whom the City has entered into or may
hereafter enter into a contract for the collection, removal, or
disposal of solid waste or to any employee of such contractor
during such time as such contract shall be in force. Nor shall
this section be deemed to prohibit an individual from exercising
his rights as described in Article II, Section 1 and Article II,
Section 8, which authorizes occasional disposals at authorized
disposal sites, and the right to dispose of recyclables.
Section 6. Obligation of Disposal. Every property owner, occupant
or tenant of any premises within the City shall have the obligation
for disposal of solid waste as provided in this ordinance through
the designated Authorized Refuse and Recycling Agent and shall pay
said Authorized Refuse and Recycling Agent for said collection
service at the rates provided therefore. Failure of receipt of a
bill does not obviate responsibility for payment. In each
instance, the property owner shall be primarily responsible for the
payment of the charges provided for herein. The City or Authorized
Refuse and Recycling Agent may cause a lien to be placed upon the
real property for failure to compensate the Authorized Refuse and
Recycling Agent for services rendered.
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Ordinance # 1649
Section 7. Unauthorized Removal of Recyclable Materials;
Ownership of Recyclable Materials. No person, other than the
Authorized Refuse and Recycling Agent of the city or county, shall
remove paper, glass, cardboard, plastic, used motor oil, ferrous
metal, aluminum, or other recyclable materials which have been
segregated from solid waste materials and placed at a designated
collection location for residential curbside collection programs
authorized by a city, county, district, or local agency for the
purposes of collection and recycling. From the time the recyclable
materials specified above are placed for collection at curbside,
for a residential curbside collection program, or a designated
collection location, authorized by a city, county, district, or
local agency, the recyclable materials are the property of the
Authorized Refuse and Recycling Agent. (PRC, Section 41950)
Section 8. Right to Dispose of Recyclable Materials.
Nothing in this chapter limits the right of any person to donate,
sell, or otherwise dispose of his or her recyclable materials.
(PRC, Section 41952)
Section 9. Storage. In all cases in which garbage and other solid
wastes are combined the standards for garbage shall prevail. The
property owner or occupant shall store solid waste on his/her
property or premises or shall require it to be stored or handled in
such manner so as not to promote the propagation, harborage or
attraction of animals or the creation of nuisance (CCR, Section
17312) .
Section 10. Storage Receptacles, Solid Waste. It shall be the
duty of every property owner, occupant and tenant of any premises
within the City to store all refuse in receptacles supplied by the
authorized refuse agent. These receptacles shall be constructed of
metal or an approved plastic material and type which shall be water
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ordinance # 1649
tight, non-absorbent, animal resistant, durable, easily cleanable,
equipped with handles, and having tight -fitting covers such that
said containers hold said solid waste without spillage and leakage,
escape of odors or access of flies to the contents thereof (Adapted
from CCR, Section 17315). Each living unit shall be required to
have a minimum refuse service of one (1) 32 gallon can per week.
The number of units times 32 gallon service is the minimum service
required. Except in the case of multifamily dwellings of more than
four (4) units, no two or more living units shall use the same
garbage container except with the permission of the Authorized
Refuse and Recycling Agent.
Storage Receptacles, Recycling. It shall be unlawful to place, or
permit to remain, any garbage or any other material subject to
decay except in a suitable covered container, as set forth herein
and in Article II, Section 3. The specific nature of said
containers shall be established as from time to time approved by
this City and Authorized Refuse and Recycling Agent. It is further
the duty of the Authorized Refuse and Recycling Agent and each
property owner, occupant and tenant having recyclable materials, to
provide without expense to the City, suitable and sufficient
receptacles or containers as may be specified by the Authorized
Refuse and Recycling Agent, for receiving and holding without
spillage and/or leakage all recyclable materials to be collected.
Section 11. Receptacle Location. No refuse and/or recyclable
materials receptacle other than those owned or rented by the City
shall be placed or kept in or on any public street, sidewalk,
footpath, or any public place whatsoever, but shall be maintained
on the premises, except as may be provided for removing and
emptying by the Authorized Refuse and Recycling Agent on the day(s)
and in the location designated for collection.
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Ordinance # 1649
Section 12. Public Receptacles. It shall be unlawful for any
person to place or cause to be placed in any public receptacle
owned or rented by the City and located upon public streets or in
public places, any solid waste originating within or from any
private property of more than one-half cubic foot, including casual
use.
Section 13. Receptacle Maintenance. Each receptacle and its cover
shall be kept clean, and the cover shall not be removed except to
place solid waste therein or to empty the same. Authorized Refuse
and Recycling Agent will maintain or replace receptacles as needed.
Section 14. Tampering. No person shall tamper with, modify,
remove from or deposit solid waste in any container which has not
been provided for his use at a designated collection location,
without the permission of the container owner. Nor shall any
person tamper with any receptacle or any recyclable materials on
any premises, or collect, remove or dispose of the same, other than
in the manner specified by this ordinance (See Article II, Section
7) .
Section 15. Collection Intervals. All solid waste accumulated at
any business place, private living unit or residence shall be
collected at regular intervals of at least once each week, except
that from any place which has solid waste from which foul odors
arise, or which is a menace to public health, such solid waste
shall be collected at such intervals as necessary for proper
sanitation. For the purposes of this ordinance, any living unit
with cooking facilities, and which is occupied, shall be considered
to produce solid waste. Nothing in this ordinance shall be deemed
to prohibit the removal and hauling by any person of materials
ordered by the Health Officer, Fire Chief or Code Enforcement
Officer to be removed upon the ground that the same constitute a
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Ordinance # 1649
health menace, fire hazard, or public nuisance.
Section 16. Collection Schedule. Solid Waste shall be collected
as provided by this ordinance at regular intervals on a schedule
established by the Authorized Refuse and Recycling Agent and
approved by the City. Said schedule may be changed from time to
time if deemed necessary by the Authorized Refuse and Recycling
Agent and/or the City.
Section 17. Ownership of Solid Waste Materials. Solid wastes
subject to collection by the Authorized Refuse and Recycling Agent
shall become the property of the Authorized Refuse and Recycling
Agent subject to this ordinance after such time as said Authorized
Refuse and Recycling Agent takes possession of the wastes (CCR,
Section 17334), or as provided for segregated recyclable materials
in Article II, Section 7 and consistent with Public Resources Code,
Section 41950.
Article III. License or Contract.
Section 1. Contract. The City may after a duly noticed public
hearing, with or without having invited bids therefore, enter into
a contract with any responsible person, firm or corporation for the
collection, removal, or disposal of solid waste accumulated within
the City. The term of said contract, rates of collection, and
other provisions of the contract shall be as provided by resolution
of the governing body of the City. Where such a contract has
heretofore been or hereafter is entered into between the City and
a contractor for the collection, removal and disposal of solid
waste, and said contractor shall have satisfactorily performed such
contract, the City may, after a duly noticed public hearing,
without inviting bids or proposals therefore, 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 shall
11
Ordinance # 1649
provide by resolution. Said contractor shall be known as the
Authorized Refuse and Recycling Agent.
Section 2. Service. Unless otherwise authorized by City, the
Authorized Refuse and Recycling Agent must provide not less than
weekly solid waste pickup service to all persons situated within
the areas specified in such contract, provided payment for such
service is made. The service shall be provided in a competent,
efficient, clean and courteous manner.
Section 3. Minimum Provisions. The provisions of this ordinance
shall be the minimum requirements for the protection of the public
health, safety, convenience and general welfare.
Section 4. Authorized Refuse and Recycling Agent. The Authorized
Refuse and Recycling Agent, in accordance with this ordinance,
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, but shall act under his own directions as to the manner of
performing the work; and shall keep himself and all of his
employees insured under California's worker's compensation
insurance requirements, and shall be insured against public
liability and property damage, to be not less than $20,000,000 plus
any additional coverage required from time to time by the City,
(including all such liability for use or operation of motor
vehicles used in the performance of work hereunder). Evidence of
such insurance shall be filed with the City listing the City as
additional insured.
Section 5. Exclusive Right. The award of a contract hereunder
shall grant the Authorized Refuse and Recycling Agent during the
term of the contract the exclusive right to collect, transport and
dispose of all solid waste collected within the City except as
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Ordinance # 1649
otherwise expressly provided in this ordinance; provided further,
however, that debris box service for construction and temporary
cleanup purposes may be provided by persons other than the
Authorized Refuse and Recycling Agent.
Section 6. Performance Bonds. The person or entity to whom such
contract shall be awarded shall file with the City a bond for the
faithful performance of the contract in the sum of $100,000.00.
Said bond shall be immediately paid to the City upon determination,
as provided in Article IV, Section 6 hereof, that the Authorized
Refuse and Recycling Agent has failed to fully perform in a
competent, efficient, clean and courteous manner all of the
services provided by this ordinance or the contract between the
City and the Authorized Refuse and Recycling Agent. In lieu of a
performance bond the agent may furnish alternate financial security
approved by the Finance Director and City Attorney.
Section 7. Exceptions. With the exception that the sanitary
requirements of this ordinance must be complied with, the
provisions hereof shall not apply to persons collecting dead
animals, bones, or meat scraps for tallow plants or medical wastes.
Article IV. Responsibilities of Authorized Refuse and Recycling
Agent.
Section 1. Regulations. Except as otherwise permitted by this
ordinance, and except for occasional use which is not in lieu of
regular weekly service, it shall be unlawful for any person to
collect or carry solid waste through the streets of the City
without first having entered into a contract or obtained a permit
from the City to do so. The Authorized Refuse and Recycling Agent
shall not permit any solid waste to fall or remain on any public
street or private premises in the City, shall close all gates used
by it in collection service, and shall operate as quietly as the
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ordinance # 1649
circumstances allow. Collection and transportation equipment shall
be maintained and utilized consistent with the California Code of
Regulations, Sections 17341 - 17345. The Authorized Refuse and
Recycling Agent shall further abide by any and all applicable laws
and the regulations and orders of the County Health Department or
officer, and ordinances and general regulations of the City, now or
hereafter adopted.
Section 2. Periodic Service. Unless otherwise authorized by the
City or by State law, the Authorized Refuse and Recycling Agent
shall provide not less than weekly service to each owner, resident
or tenant within the City. The Authorized Refuse and Recycling
Agent may terminate service to any owner, resident or tenant for
non-payment of the established rates if not fully paid for a period
of two months from and after the date such payment is due. Prior
to termination of such service, the Authorized Refuse and Recycling
Agent shall notify the City and customer, in writing, of the
proposed date of termination and the reason therefore. Such notice
shall be given by the Authorized Refuse and Recycling Agent to the
City no less than ten days prior to the date of termination of
service. The customer may request temporary suspension of service
if the premises are to be vacated for a reasonable period of time,
to be not less than two (2) weeks and to occur no more than three
times in a one year period. The customer is also required to
provide the Authorized Refuse and Recycling Agent with a resumption
date for service.
Section 3. Recycling. Authorized Refuse and Recycling Agent shall
provide for the maximum feasible diversion of waste from the waste
stream and shall provide for the recycling, resource recovery, and
reuse of materials with economically viable markets. The
Authorized Refuse and Recycling Agent shall provide the City with
diversion rate reports at appropriate intervals consistent with
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Ordinance #1649
Public Resources Code, Division 30, Section 40000 et seq. The
Authorized Refuse and Recycling Agent shall further disseminate to
all property owners, occupants and tenants current information and
educational materials regarding solid waste management, resource
recovery and recycling diversion.
Section 4. Liability. The Authorized Refuse and Recycling Agent
and the City shall be exempt from responsibility and liability for
tampering or misuse of any items left at curbside for collection
and/or recycling should spillage or other mishap occur prior to
possession by Authorized Refuse and Recycling Agent. Once the
Authorized Refuse and Recycling Agent takes possession of the solid
waste, the Agent then assumes responsibility and liability.
Section 5. Assignment. Neither the collection contract nor any
part thereof shall be assigned, either voluntarily or by operation
of law, except upon the consent expressed by a resolution of the
City.
Section 6. Termination. If the Authorized Refuse and Recycling
Agent fails, refuses or neglects to comply with the terms of the
contract or of any laws, ordinances or regulations above referred
to, for a period of thirty days after being notified in writing to
do so by the legislative body of the City, then, after a hearing
upon not less than ten days written notice to the Authorized Refuse
and Recycling Agent, the City shall be entitled to terminate the
contract.
Article V. Rates.
Section 1. Charge for Service. A charge shall be collected by the
Authorized Refuse and Recycling Agent at rates to be established
between the City and the Authorized Refuse and Recycling Agent,
said rates to be subject to change upon approval of and agreement
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Ordinance # 1649
between the City and said Authorized Refuse and Recycling Agent.
The property owner is responsible for all charges for solid waste
removal, including recyclable materials. Said rates shall provide
to the Authorized Refuse and Recycling Agent a fair and reasonable
compensation and return.
Section 2. Payment of Rates. It shall be unlawful for any person
to refuse to pay the rates fixed for the collection of solid waste.
Non-payment may result in cessation of service, a violation
punishable by law, and/or a lien against the property. It shall be
unlawful for any person to dispose of solid waste, from premises
owned, occupied, or leased by him other than by and through the
Authorized Refuse and Recycling Agent, except as provided by
Article II, Sections 1, 2, 4 and 5 of this ordinance.
Section 3. Disputed Rates. In any case where a dispute shall
arise as to the rate or amount to be paid to the Authorized Refuse
and Recycling Agent, the City shall have the power of final
determination of such dispute, and both the Authorized Refuse and
Recycling Agent and the owner, resident or tenant shall be bound
thereby. In no event shall the City be obligated in any way to the
Authorized Refuse and Recycling Agent or any owner, resident or
tenant for the collection of disputed accounts.
Article VI. Penalties, Severability.
Section 1. Any person violating any of the provisions of this
ordinance shall be subject to the penalty for violations as
provided in Section 2.37.010 of the San Rafael Municipal Code.
Section 2. Damages. In any civil action by a recycling agent
against a person alleged to have violated Public Resources Code,
Section 41950 (Article II, Sections 7 and 8), the court may either
allow trebled damages, as measured by the value of the material
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Ordinance # 1649
removed, or award a civil penalty of not more than one thousand
dollars ($1,000), whichever is greater, for each unauthorized
removal, against the unauthorized person removing the recyclable
material. (PRC, Section 41953)
Section 3. Severability. If any word, phrase, clause or section
of this ordinance shall be declared unconstitutional or void for
any reason, the same shall not affect any other part or parts
hereof, it being the intention of the City to pass and adopt each
word, phrase, clause or section of this ordinance regardless of any
other word, phrase, clause or section hereof.
Section 4. All Past Ordinances Repealed. All existing ordinances
or parts of ordinances dealing with refuse collection or recycling
are hereby repealed, and the same shall be and are hereby
superseded by this ordinance and any subsequent amendments hereto.
Section 5. 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 30 days after its final passage.
.�1
ALBERT J. BORO, MAYOR
ATTEST:
JEANNE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1649 was read and introduced
at a Regular Meeting of the City Council of the City of San Rafael
17
Ordinance #_1649
held on the 7th day of September , 1993, and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS; Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular Meeting of the Council to be held on the 20th
day of September , 1993.
"W
JE NAN E M. LEONCINI, City Clerk