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HomeMy WebLinkAboutOrdinance 1505 (Recycled Materials Collection Regulation)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. 1505 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 9, CHAPTER 9.18, REGULATING RECYCLED MATERIALS COLLECTION" 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 Sixth day of May 19 S5 published as required by City Charter in the 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 Twentieth day of May 19 85 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal Of th City of San Rafael this 21st day of May 1985. JEANIGE . LEONC N*,it)-y�Cle­rk ORDINANCE NO. 1505 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 9, CHAPTER 9.18, REGULATING RECYCLED MATERIALS COLLECTION THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 9.18 of the San Rafael Municipal Code regarding the regulation of recycled materials collection is amended to read as follows: Chapter 9.18 RECYCLED MATERIALS COLLECTION Sections: 9.18.010 Purpose. 9.18.020 Definitions. 9.18.030 Recycled materials disposal - General requirements. 9.18.040 Collection service - Establishment - Frequency - Rates . 9.18.045 Service to residential units. 9.18.050 Receptacle - Specifications. 9.18.070 Private disposal of recycled materials. 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 finds and determines that a municipal program for the collection, disposal, and recycling of metals, glass, and paper 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 are collected and recycled or salvaged from within the City. (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" means any tenant, lessee, occupant or owner of real property within the City. 50, ORDINANCE NO. 1505 9.18.030 RECYCLED MATERIAL 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 or public property, 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 who disposes of recyclable materials 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 established and shall be available to all persons in the City for the purpose of providing for the orderly and regular collection of recyclable materials within the City under this program. 9.18.045 SERVICE TO RESIDENTIAL UNITS. 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 owner(s) of any residential unit, whether occupied by him/her/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 is 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 so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive. - 2 - ORDINANCE NO. 150- 9.18.070 PRIVATE DISPOSAL OF RECYCLED MATERIALS. Nothing contained in this chapter shall preclude any person from disposing of recycled materials by removing them without utilizing the City's official recycled materials collector to do so, provided that the materials are disposed of by such person individually or by his or her employee or employees in an authorized recycled materials col- lection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority. Nothing herein contained shall prevent any person from allowing recyclable materials to be taken and disposed of by any non-profit, tax-exempt charitable organization, including but not limited to the Boy Scouts, Girl Scouts or similar public service groups. 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 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 performed 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 offer recycled materials collection service to all persons 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 - ORDINANCE NO. 15-- 9.18.100 5_. 9.18.100 PROVISIONS DECLARED MINIMUM STANDARDS. The pro- visions 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 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 per- formance of work hereunder. Such public liability insurance shall be to the extent of 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 CONTRACT. An award of such contract shall confer upon the entity to whom the contract is awarded the exclusive right as the City's official recycled materials collector hereunder, during the term of the contract, to collect, transport, and dispose of all recycled materials 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, lessee, owner or occupant 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 is unlawful for any person, not otherwise excepted by the provisions of this chapter, to collect recycled materials in the - ORDINANCE NO. 1505 City. Any persons engaging in such unlawful activity shall be guilty of a misdemeanor and may be punishable as set forth in Chapter 1.12 of this 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 portion of this ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. DIVISION 3. This Ordinance shall be published once in full before its final passage, in a newspaper of general circulation in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRENCE E. MULRY N, Major Attest: JEq�M. NC I, City lerk The foregoing Ordinance No. 1505 was read and intro- duced at a Regular meeting of the City Council of the City of San Rafael, held on the 6th day of Mav , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 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 20-21 B/19 day of May , 1985. 9ZZJEA LEONCINI, C` ty Clerk - 5 -