ITEM 8-B
City Council Meeting 10-17-89 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 2 of Article V
of the Santa Monica Municipal Code to Reflect
Changes in the City's Refuse Collection and
Recycling Activities
At its meeting on May 10, 1988, the City Council directed
the City Attorney to prepare an ordinance updating Chapter 2 of
Article V of the Santa Monica Municipal Code to reflect changes
in the City's refuse collection and recycling activities. In
response to this direction, the accompanying ordinance has been
prepared and is presented to the City Council for its
consideration.
The accompanying ordinance amends Chapter 2 of Article V of
the Santa Monica Municipal Code in the following ways:
1. The sections in this Chapter have been renumbered and,
where appropriate, recodified with other compatible sections in
an effort to make the Chapter more understandable. Obsolete
provisions have been deleted and other sections have been added
to correspond to current City practices. Section 4 has been
added to the Ordinance to ensure that the adoption of this
Ordinance will not affect any prosecutions for violations of the
provisions of this Chapter committed prior to the date of
adoption of this Ordinance.
2. Throughout the Chapter, the use of the terms "Class A
Rubbish" and "Class B Rubbish" have been deleted. The term
"rubbish" now includes all items formerly included under the two
separate categories.
3. Throughout the Chapter, all references to "Director of
Public Works" have been changed to "Director of General
Services."
4. Throughout the Chapter, all provisions have been made
gender neutral where applicable.
SECTION-BY-SECTION ANALYSIS
The following is a discussion of those sections which have
been substantially amended:
Section 5200 - Definitions. The definitions set forth in
this Section have been alphabetized for reading convenience. The
terms "Hazardous Waste" and "Recyclable Material" have been added
to the list of definitions set forth in this Section. In
addition, the terms "dry commercial garbage," "family," and
"rooming unit" have been deleted.
Section 5214 - Collection of Refuse (old Section 5227). A
new paragraph has been added to this Section dealing with
collection of refuse which sets forth the procedures for disposal
of hazardous wastes.
Section 5215 - Refuse Service and Collection (old Section
5227A). This Section has been amended to provide that the
Director of General Services shall establish refuse collection
routes and that refuse will be collected on such days and at such
times as the Director deems is most advisable to serve the best
interests of the City. Previously, this Section distinguished
between refuse service for Class A Rubbish and Class B Rubbish, a
distinction the City no longer makes.
Section 5217 - Collection of Refuse in Central Business
District. A subsection has been added to this Section permitting
the City Council to establish a fee whenever refuse customers
place refuse containers on public property.
Section 5218 - Refuse Containers (old Section 5228).
Paragraph one of this Section was amended and sets forth the type
of containers in which rubbish should be placed prior to
collection.
Section 5219 - Preparation of Refuse for Collection (old
Section 5228B). This Section was amended to delete the separate
preparation requirements for class A and B rubbish since this
distinction is no longer being made by the City. In addition,
the old Section 5228C has been incorporated into this Section as
subdivision (c) and amended to provide for a decrease from 60 to
40 pounds the weight of containers set out for refuse collection,
as well as decreases from 10 to 4 cubic yards the amount of
rubbish which may be placed out for collection.
Section 5231 - Recyclable Materials. This is a new section
which sets forth the regulations which apply to the collection of
recyclable materials. Essentially, the Director of General
Services is empowered to determine what type of recyclable
materials may be collected, the collection route, and the hours
of collection. This Section also provides that no person may
remove from the recycling containers any recyclable materials on
designated collection days.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V
OF THE SANTA MONICA MUNICIPAL CODE
TO REFLECT CHANGES IN THE CITY'S REFUSE COLLECTION
AND RECYCLING ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2 of Article V of the Santa Monica
Municipal Code is amended to read as follows:
CHAPTER 2 - GENERAL SANITATION
SECTION 5200. Definitions. The following
words or phrases as used in this Chapter shall have
the following meanings:
(a) Building Rubbish. Building rubbish is the
waste material from construction, replacement,
remodeling, repair, or demolition of structures, and
includes, but is not limited to, such rejected
materials and fixtures as earth, stones, bricks,
plaster, glass, lumber, roofing materials, shingles,
concrete, plumbing fixtures, pipes, heating systems,
and electrical materials.
(b) City. The City of Santa Monica.
(c) Dwelling. A building or portion thereof
which is used principally for residential occupancy.
(d) Dwelling Unit. One or more rooms
designed, occupied, or intended for occupancy as
separate living quarters.
(e) Garbage. Garbage is animal and vegetable
waste resulting from the handling, preparation,
working, and service of food and of a type which
originates primarily in kitchens, stores,
restaurants, hotels, and other places where food is
cooked, stored, or consumed. The term "garbage"
shall not include within its meaning food processing
wastes from canneries, slaughter houses, packing
plants, or similar industries, nor condemned food
products or animal shells.
(f) Hazardous Waste. Hazardous waste is those
substances set forth in Sections 66680 and 66685 of
Title 22 of the California Administrative Code or in
the List of Priority Organic Pollutants as maintained
and updated by the United States Environmental
Protection Agency.
(g) Industrial Waste. Industrial waste is
solid waste material from factories, processing
plants, or other manufacturing enterprises, and shall
include, but not be limited to, condemned foods,
lumber scraps and shavings, plaster cases, and
miscellaneous manufacturing refuse.
(h) Recyclable Material. Recyclable material
is any waste material which can be reused or
reprocessed to produce a useable material and which
is designated by the Director of General Services as
recyclable material. Recyclable material may include
wastes defined as building rubbish, garbage,
industrial waste, hazardous waste, or rubbish.
(i) Refuse. Refuse is garbage, rubbish,
building rubbish, and industrial waste.
(j) Rubbish. Rubbish is paper, cardboard,
books, magazines, rags, clothing, paper cartons,
wooden crates, wooden boxes, mattresses, rubber,
linoleum or asphalt tile excelsior, carpet sweepings,
cut hair, vacuum sweepings, wrapped garbage, grass,
weeds, leaves, yard trimmings, and other similar
articles or materials; ashes, broken glass, crockery,
bottles, tin cans, metal containers, bed springs,
metal furniture, miscellaneous metals, and all other
similar articles of materials; tree branches, brush,
palm fronds, wooden furniture, and all other similar
materials which will burn by contact with flames of
ordinary temperature after being dried to proper
moisture content. Rubbish shall not include
automobile and truck bodies, chassis, and engines.
SECTION 5201. Fat Rendering. No person shall
melt or render, or cause or permit to be melted or
rendered, any fat, tallow, or lard except when the
same is fresh from the slaughtered animal and taken
directly from the places of slaughter in the City and
when the same is free from sourness and taint and all
other causes of offense at the time of melting or
rendering. All melting and rendering shall be done
in steam-tight vessels, and the gases and odors
therefrom shall be destroyed by combustion or other
effective means and according to the best and most
approved means and processes. All such melting and
rendering and everything in connection therewith, and
the premises wherein or whereon the same shall be
conducted, shall be free from offensive odor and from
other cause of injury to the public health.
SECTION 5202. Dead Animals. No person shall
bury any dead animal within the limits of the City.
SECTION 5203. Noxious Gases. No person shall
establish, conduct, or maintain any factory or place
for boiling or manufacturing varnish, lamp-black,
glue, or other substance or material that will
generate any unwholesome, offensive, or deleterious
gas or exhaust or any deposit that is dangerous or
prejudicial to life or health.
SECTION 5204. Dust. No person shall erect,
establish, operate, or maintain any carpet beating
machine within two hundred (200) feet of any church,
school house, residence, dwelling house, public
eating place, or food establishment, or in any place
other than an area zoned to permit industrial
operations. Every carpet beating machine erected
within an industrial zone shall be enclosed so that
dust, dirt, or any other substance or material shall
not escape therefrom during or by reason of the
operation thereof.
SECTION 5205. Privies, Cesspools, and
Bathrooms.
(a) Privy. No person shall maintain a privy
within the City, except during the period of
construction of a building or except during a special
event such as a party, parade, race, or other similar
gathering. Such privy shall be constructed in a
manner approved by the Building Officer and shall be
removed in a sanitary manner immediately upon
discontinuance of use.
(b) Drainage or Other Disposal from Privy
Vaults or Cesspools. No person shall permit the
contents, or any part thereof, of any privy vault,
cesspool, water closet, urinal, or of any other sink
or cistern containing any nightsoil, slop water, or
other filthy water, matter, or substance, to flow,
discharge, or be deposited upon the surface of any
premises, or of any public street or other public
place, or into any storm drain. The emptying or
cleaning out of any privy vault, cesspool, or sink
shall be in such a manner as not to offend the
sensibilities of residents of the City, and no
substances removed therefrom shall be burned or
disposed of in any manner that may be prejudicial to
the health or offensive to the sensibilities of the
residents of the City.
SECTION 5206. Sidewalks, Cleanliness. No
person shall fail, refuse, or neglect to keep the
sidewalk in front of the person's house, place of
business, or premises in a clean and wholesome
condition.
SECTION 5207. Premises, Cleanliness. No
person owning, leasing, acting as agent for, or
occupying any premises shall permit any accumulation
of manure, garbage, offal, rubbish, stagnant water,
or filthy or offensive matter of any kind to be or
remain upon such premises, or shall fail, refuse, or
neglect to keep such premises in a clean and
wholesome condition.
SECTION 5208. Fertilizers.
(a) No person shall keep any manure on any
premises longer than one day unless the same be kept
in a bin or box made of good, sound metal, brick,
stone, or concrete, or wood of not less than one inch
in thickness, and kept covered at all times.
(b) No person shall keep any manure within
thirty-five (35) feet of any church, school, or
hospital, or any other place where food or food
products are kept or stored, or any window, door, or
other opening of any residence, dwelling house,
hotel, or lodging house.
(c) No person shall keep any manure in a bin
or box on any premises for a longer period than seven
days or fail, refuse, or neglect to clean and
disinfect such bin or box, or to cause the same to be
cleaned and disinfected at any time when ordered to
do so by the Health Officer.
SECTION 5209. Fertilization of Soil. Manure
or other commercial fertilizer in excess of one
hundred (100) pounds may be maintained in a pile or
piles for fertilization of soil only if a permit
shall have been granted therefor by the Director of
General Services and if such manure shall be
maintained more than two hundred (200) feet from any
residence, dwelling, hotel, or lodging house. Each
such permit shall designate the location where such
manure shall be kept and the amount that may be so
kept. It shall be unlawful for any person to keep
any such manure at any location other than that
designated in such permit or in any amount greater
than the amount named in such permit.
SECTION 5210. Offensive Substance.
(a) No person shall unload, discharge, place
or deposit upon or along any public street, sidewalk,
or other public place or upon or along the line of
any railroad, any human or animal excrement, manure,
offal, or other offensive or nauseous substance, or
to allow any car or other vehicle having therein or
thereupon any such substance to remain or stand upon
or along any railroad, or upon or along any public
street or other public place for a period longer than
is necessary for loading and hauling such substance
to its destination and in no event for a longer
period than twenty-four (24) hours.
(b) No person shall deposit any dead animal or
part thereof, or any offal, sewage, nightsoil, manure
or rubbish, or any decaying or putrid matter or
substance of any kind in the Pacific Ocean, or in any
irrigating ditch, reservoir, aqueduct, storm drain,
or in any pipe or stream connected therewith, or to
bathe or to put any part of his or her person into
any reservoir, aqueduct, or other portion of any
water system or to otherwise do anything that will
impair or imperil the purity or wholesomeness of any
water designed for household or domestic use.
(c) No person shall use any vehicle, tub, or
other receptacle for hauling any offal, or the
contents of a privy vault, cesspool, or sink, or any
nauseous or offensive substance, unless such vehicle,
tub, or other receptacle shall be sufficiently strong
and tight to prevent any of the contents from leaking
or spilling therefrom and the same shall be so
tightly covered as to prevent any nauseous odors from
escaping therefrom. No person shall permit any such
car or vehicle to be in a filthy or offensive
condition, or fail to thoroughly clean any such car
or vehicle after every use thereof.
(d) No person shall defecate or urinate in
public or upon any street or sidewalk or other public
place.
SECTION 5211. Sewers. No person shall deposit
in any water closet, privy vault, or cesspool any
dead animal, offal, or garbage, or deposit or cause
or permit to be deposited any solid substance in any
public sewer, manhole, or flushtank.
SECTION 5212. Cellars or Basements. Every
cellar or basement in any dwelling, residence, public
eating place, or food establishment shall be kept
thoroughly drained, ventilated, and in a clean and
wholesome condition.
SECTION 5213. Building Officer's Notices.
(a) The Building Officer is authorized and
empowered to post or set up any notices which he or
she shall deem necessary or expedient to secure or
promote the enforcement or observance of any law of
the State of California, or any ordinance of the City
or of this Code, relating to the quarantine
regulations, or to the preservation of the public
health, or to the sanitary regulations of the State
or City, and he or she hereby is authorized and
empowered to post or set up any extraction or copy of
any such law, Code, or ordinance whenever he or she
shall deem the same to be necessary or expedient.
(b) No person shall destroy, deface, mutilate,
or tear down any such notice, or its surface, or any
part thereof.
SECTION 5214. Collection of Refuse.
(a) The Director of General Services in his or
her discretion shall determine what refuse materials
shall be collected. The Director's discretion shall
be based upon his or her evaluation of the burdens of
collection, capacity of existing City equipment to
handle such materials, and the convenience of the
public. Building rubbish generated by homeowner
operations in small remodeling projects may be
collected by the City, if placed in a container, the
combined weight of which does not exceed forty (40)
pounds. Building rubbish generated by building
contractors shall not be collected. The Director of
General Services shall determine the appropriate
collection system for refuse. City-owned containers
may be provided for refuse disposal and use of such
containers may be made mandatory in certain areas of
the City.
(b) Hazardous waste shall not be deposited in
any container for refuse, garbage, rubbish,
recyclables, or industrial waste. Hazardous waste
shall be disposed of only according to applicable
provisions of federal, state, and City law and
regulations.
SECTION 5215. Refuse Service and Collection.
The Director of General Services is authorized to
establish such refuse collection routes and to
collect refuse on such days of the week and at such
hours of the day as deemed necessary to serve the
best interests of the City.
SECTION 5216. Points of Collection of Refuse.
(a) Any refuse placed for collection shall not
be placed for collection in that portion of any
street or alley abutting on property other than the
property owned or controlled by the person placing
the refuse. On other than collection days, when
refuse collections are made from the street,
containers shall be stored on private property no
closer than ten (10) feet from the street
right-of-way line, unless the containers are stored
in an enclosure. Where there is a public alley along
which refuse collections are made, all refuse shall
be placed for collection upon private property within
ten (10) ten feet of the alley, providing there shall
be no obstructions between such refuse and the alley
property line. In the event there is not sufficient
unobstructed area in which to place refuse on such
private property, refuse may be placed so as not to
encroach upon a public alley more than four (4) feet.
If there is no public alley, refuse containers shall
be placed for collection on the parkway not more than
four (4) feet from the curb.
(b) If a property owned or controlled by the
person placing the refuse is located such that no
portion of the property abuts the public alley or
street along which refuse collections are made, the
Director of General Services shall determine a
location in the public alley or parkway on which the
property owner shall place the refuse containers.
The location determined by the Director of General
Services shall in no event encroach upon the public
alley more than four (4) feet nor shall be placed
more than four (4) feet from the curb when the
location of the refuse containers is determined to be
a parkway.
(c) Refuse containers shall not be placed for
collection earlier than 4:00 p.m. a day before
collection day and not later than 7:00 a.m. on the
day of collection.
(d) Refuse containers placed upon a public
street or alley for collection shall be removed not
later than 8:00 p.m. on the day of collection.
(e) No refuse containers shall be placed on
any public right-of-way on other than collection days
without a permit having been obtained from the
Director of General Services in accordance with
Section 7151 of this Code.
(f) Refuse from a corner lot, if there is no
alley, may be placed in accordance with provisions of
this Section on any frontage along which refuse
collection trucks are routed, provided all refuse
from such lots shall be placed for collection at one
place.
(g) Refuse containers provided by the City for
use with automated collection systems shall be placed
for collection in locations which provide
unobstructed access within a three foot radius of any
edge of said containers.
SECTION 5217. Collection of Refuse in Central
Business District. Anything in this Code to the
contrary notwithstanding, the following additional
regulations shall apply to the district bounded by
Ocean Avenue on the west, Wilshire Boulevard on the
north, Fifth Street on the east, and Colorado Avenue
on the south:
(a) No refuse, or refuse containers shall be
placed upon, or allowed to remain upon public
property except between the hours of 7:00 a.m. and
11:00 a.m. Monday, Tuesday, Wednesday, Thursday,
Friday, and Saturday.
(b) No refuse shall be stored on private
property except:
(1) In a bin type container approved by
the Director of General Services.
(2) In a fully enclosed building.
(3) Within an enclosure around which
there is an opaque wall fence not less than six (6)
feet in height, so arranged that said refuse is not
visible from any point outside the enclosure.
(c) No refuse originating in any place of
business shall be placed upon the Third Street
Promenade, Second Street, or Fourth Street, except as
is provided for in Santa Monica Municipal Code
Section 3611A.
(d) The City Council may by Resolution
establish a fee requiring refuse customers or private
refuse haulers to pay for the privilege of placing or
storing refuse or refuse containers on public
property for collection by the City or private refuse
haulers.
SECTION 5218. Refuse Containers.
(a) A rubbish container shall be a durable
circular receptacle not exceeding forty-five (45)
gallons in capacity, unless the container is owned by
the City or its use is mandated by the Director of
General Services. The container shall be equipped
with a handle. The container shall be made of metal
or of a material impervious to water, shall be
water-tight in construction, and shall be equipped
with a handle or handles of sufficient strength to
support the weight of the container and contents.
Paper bags, cardboard boxes, or wooden crates are not
acceptable refuse containers and will not be
collected.
(b) Every owner, business, tenant, or lessee
of premises, except a tenant or lessee of a dwelling
unit in a multiple dwelling, who produces refuse
shall provide and at all times keep and maintain
suitable containers adequate to contain the
respective amounts of refuse ordinarily accumulating
at such place during the intervals between
collections. All refuse required to be placed in
containers for collection shall be accumulated only
in such containers during intervals between
collections.
(c) Refuse containers shall be cleaned and
disinfected as needed in order to maintain the same
in a sanitary condition. The City shall remove any
container placed on a street or alley which does not
comply with specifications for containers as set
forth in this Section. By placing a refuse container
for collection by the City, the container's owner
consents that the City can place identification marks
on refuse containers at its own expense.
(d) Notwithstanding any other provisions of
this Section, properly bound plastic bags made of
durable material may be used. With the exception of
plastic bags, all other containers shall be tapered.
(e) The City may provide residents or
businesses with refuse containers and may require the
use of said containers, which will remain the
property of the City. These containers may be
furnished where collection systems requiring
standardized refuse containers are utilized.
SECTION 5219. Preparation of Refuse for
Collection.
(a) Garbage, carpet sweeping, cut hair, vacuum
cleaner dirt, and sawdust shall be wrapped securely.
Garbage shall not contain poisonous, infectious, or
hazardous chemicals. Palm fronds need not be placed
in containers. Tree limbs, brush, bush, tree
trimmings, broken furniture, carpet, and padding
shall be no more than four (4) feet in length and
shall be securely tied in bundles not to exceed forty
(40) pounds in weight. Wooden boxes, wooden crates,
and paper cartons shall be broken and tied in bundles
not to exceed forty (40) pounds in weight. Ashes
shall be thoroughly wet before being placed into any
container. Rubbish not in a container placed on the
parkway or alley shall not extend into the street nor
be placed on any portion of the sidewalk and may be
subject to a special collection charge.
(b) The combined weight of any one container,
except City furnished bins or containers, and its
contents, shall not exceed forty (40) pounds. The
amount of rubbish placed for collection shall not
exceed four (4) cubic yards per collection. No
separate refuse item not in a container and eligible
for collection shall exceed forty (40) pounds.
SECTION 5220. Rental of Bins from City.
(a) Notwithstanding the provisions of Sections
5218 and 5219 upon application by the owner or
authorized agent of any business, multiple dwelling,
or apartment house and upon the payment of the fees
hereinafter prescribed, the Director of General
Services may provide a bin or bins for the
accumulating of refuse originating on the premises
described in the application. The fee to be paid to
the City for each such bin furnished shall be as
established and from time to time amended or revised
by resolution of the City Council.
(b) Upon application by the owner or
authorized agent of any business, multiple dwelling,
or apartment house, when in the opinion of the
Director of General Services such collection is
feasible, collection service from points on private
property more distant than those described in Section
5219 of this Code for bins furnished by the City will
be made upon execution by the application of a waiver
of liability in a form prescribed by the Director of
General Services, and upon payment to the City by the
applicant of a bin rollout fee, which fee shall be in
addition to all other fees and charges provided in
this Chapter. The fee to be paid to the City for
such bin rollout shall be as established and from
time to time amended or revised by resolution of the
City Council.
(c) All fees, rentals, and charges provided by
this Section shall be paid to the City as a condition
to the furnishing of the receptacles or services for
which application is made, and such charges shall be
billed and collected in accordance with Section 5224
of this Chapter. Nonpayment shall terminate the
obligation of the City to provide or to continue to
provide such services or receptacles. All
receptacles so furnished shall be and remain the
property of the City. The owner or authorized agent
of the premises described in the application shall be
responsible for any damage to the receptacle other
than normal wear and tear.
SECTION 5221. Mandatory Equipment.
(a) Notwithstanding the provisions of Sections
5218, 5219, and 5220 of this Chapter, or any other
provision in conflict herewith, no owner, manager, or
authorized agent of the owner of any multiple
dwelling or apartment house, containing eleven (11)
or more dwelling units, shall utilize any receptacle
for the keeping, depositing, or accumulating of
rubbish originating on such premises other than such
receptacles as set forth in Section 5222 of this Code
and made available by the City.
(b) Notwithstanding the provisions of Sections
5218, 5219, and 5220 of this Chapter, or any other
provision in conflict herewith, no owner, manager, or
authorized agent of the owner of any place of
business shall utilize any receptacle for the
keeping, depositing, or accumulating of rubbish
originating on such premises other than such
receptacles as set forth in Section 5220 of this Code
and made available by the City if, in the
determination of the Director of General Services,
such receptacles are necessary for the safe and
sanitary keeping, depositing, or accumulating of
rubbish.
(c) No owner, manager, or authorized agent of
the owner of any place of business, multiple
dwelling, or apartment house which is equipped with,
or has available a refuse collection chute which is
more than ten (10) feet from a street or alley, shall
maintain the same when a shut-off gate for such
refuse collection chute is not provided. It shall be
the responsibility of every such person to install
and maintain a discharge shut-off system for all
existing buildings with refuse collection chutes.
All new buildings designed with refuse chutes shall
provide for a discharge shut-off system.
(d) In the event that the provisions of this
Section are not complied with when they are, by their
terms, applicable, the City, in addition to any other
remedies to compel compliance with this Section, may
refuse to collect rubbish on-site at such
noncomplying locations and shall collect rubbish only
from points of collection off-site from the
noncomplying premises at locations on public property
or public rights-of-way and then only from those
containers specified in Section 5218 of this Code.
(e) In any case in which the requirements of
this Section work a substantial hardship, different
than that experienced by other members of the public,
the aggrieved party may appeal the requirements of
this Section to the Director of General Services,
whose decision shall be final and not appealable.
SECTION 5222. Accumulation of Refuse. Except
as permitted by the provisions of this Code governing
the accumulation and collection of refuse, no person
shall deposit any refuse which is or may become
offensive, noxious, or dangerous to the public health
or is or may become a fire hazard on any public or
private place within the City unless the substance is
deposited in a storage facility for hazardous
materials permitted by the State of California.
SECTION 5223. Use of City Refuse Transfer
Station.
(a) The City Refuse Transfer Station may, in
the discretion of the Director of General Services,
be open for refuse disposal by licensed refuse
haulers that primarily serve Santa Monica businesses.
Use of the City Transfer Station will be determined
daily by the Solid Waste Management Superintendent
and will be based on available capacity as well as on
the order in which requests are received. Fees for
depositing refuse at the Transfer Station shall be
established by resolution of the City Council.
(b) Refuse brought to the City Refuse Transfer
Station must comply with the following:
(1) Lumber and rubbish, excepting wooden
furniture, shall not exceed four (4) feet in length
or four (4) inches in least cross-sectional
dimensions.
(2) Rubbish and portions of building
rubbish and industrial waste, excepting lumber, shall
be broken into pieces not exceeding 2-1/2' x 2-1/2' x
4'.
(3) Hazardous materials of any kind will
not be accepted for disposal.
(c) No person shall deposit in the City
transfer station or upon any public street or alley
or other public place within the City any refuse
originating in any area outside of the City, and
further, no person shall deposit any refuse upon any
public street or alley or other public property
except as the same may be placed for collection in
accordance with the provisions of this Chapter.
(d) No person who deposits refuse in the City
Transfer Station, or upon any public street, alley,
or property, the place of origin of which refuse is
outside the Santa Monica City limits, shall refuse to
remove the same upon the request of a City employee.
(e) The Director of General Services may limit
the type and amount of refuse that may be deposited
in the City Refuse Transfer Station, if, in the
Director's opinion, the acceptance of such material
would impair the operation of the transfer station.
SECTION 5224. Minimum Sanitation Service Fees.
(a) Minimum monthly fees for sanitation
services shall be set by resolution of the City
Council according to frequency of service and
classification of dwelling or business serviced. If
standardized refuse containers are provided by the
City and use of these containers is required, an
additional fee may be charged when containers in
excess of those allocated by the City are requested
by residents or business owners. These
classifications may include different monthly fees
for:
(1) One dwelling unit per lot.
(2) Two or more dwelling units per lot,
including condominiums.
(3) Boarding houses, hotels, or motels
and other similar uses.
(4) Business and commercial.
(5) Every water account not utilizing
City refuse service.
(b) The Director of General Services is
authorized to make periodic surveys of each business
for the purpose of determining the average quantities
of each classification of refuse which will be placed
for collection on any collection day. Such average
quantities, as so determined, shall be used to
establish charges for refuse in excess of the maximum
allowable quantities. A charge established for
excess refuse shall remain in effect until the
Director of General Services determines that a change
of average quantities requires a different charge.
Such determination shall be made not more than once
every three months.
SECTION 5225. Billing and Payment of Charges.
(a) The refuse collection service charge
provided for in this Chapter may be billed monthly,
bimonthly, or annually, as determined by the Director
of General Services, and shall be collected by the
Utilities Division of the Department of General
Services.
(b) The refuse collection service charge shall
be billed to the owner, tenant, or occupant of each
business or dwelling unit in whose name the City's
water account is placed for the property and shall be
a civil debt owing to the City. The charges shall be
paid to the City within the time and in the manner
established for payment of the City water bill.
SECTION 5226. Multiple Businesses at One
Location - Computation of Charges.
(a) Where more than one business occupies
premises served by one water meter, or two or more
meters in the same name, if all refuse from the
premises is placed for collection at one location,
the total refuse collection charge, payable by the
person in whose name the water account is carried,
will be computed as for a single business.
(b) Where refuse is placed for collection at
separate places on said premises, the total charge
shall be the total of separate charges for a single
business at each location.
(c) Where the provisions of subsection (a) are
applicable, the charge against the owner of each
business, for which he or she is liable under Section
5224, shall be as follows: An amount equal to the
total charges divided by the total number of
businesses; provided that if any single business
generates refuse in excess of the maximums provided
for by Section 5224, the owner of that business shall
be charged as a single business, which charge shall
be deducted from the total charge, and the balance
divided by the number of remaining businesses shall
be the charge to each of said remaining businesses.
The person in whose name is carried the water account
shall be solely responsible for allocating the total
charge amongst the owners of each business on the
premises.
SECTION 5227. Exemption from Refuse Collection
Charges.
(a) All properties other than those zoned R1,
R2R, R2, R3, R4, and RVC may be exempt from all
charges (except for a minimum monthly refuse
administration fee as set by Resolution of the City
Council) if the Director of General Services
determines that all refuse is being lawfully disposed
of by the owner or tenant of the property.
(b) The Director of General Services,
notwithstanding the provisions of subparagraph (a) of
this Section, in his or her discretion, shall have
the authority to make City service mandatory in those
situations where public welfare makes such service in
the public interest. Such area shall include, but
not be limited to, the Santa Monica Municipal Pier.
SECTION 5228. Refunds for Vacancies. During
the first year after a multiple dwelling unit has
received its Certificate of Occupancy the service
charge provided for in this Chapter shall be refunded
to the billed party in an amount equal to the amount
collected by the City during the period any dwelling
unit in the property was vacant. No refunds shall be
allowed for vacancies after the one year period has
passed following the Certificate of Occupancy.
Requests for refunds shall be made on forms provided
by the Director of General Services.
SECTION 5229. Interference with Collection.
No person unauthorized by the City or by the owner of
a refuse container shall remove any refuse container
or any refuse placed in said container or bundled for
collection by the City. All such refuse placed for
collection by City employees shall be the property of
the City of Santa Monica.
SECTION 5230. Accounting System. The
Utilities Division as collection agency for the
Department of General Services shall institute and
maintain a system of accounting as approved by the
Director of Finance, adequate and sufficient to
provide complete records of all of its operations for
which service charges are billed against users of the
service herein contemplated.
SECTION 5231. Recyclable Materials.
Notwithstanding any other provisions of this Chapter,
the following regulations shall apply to the
collection of recyclable materials:
(a) The Director of General Services in his or
her discretion shall determine what recyclable
materials shall be collected. The Director's
discretion shall be based upon his or her evaluation
of the burdens of collection, capacity of equipment
to handle such materials, availability of recyclable
materials users, and the convenience of the public.
(b) The Director of General Services is
authorized to establish such recyclable materials
collection routes on such days of the week and at
such hours of the day as deemed necessary to serve
the best interests of the City. In no event shall
recyclable materials be deposited in containers
located on public property before 8:00 a.m. or after
8:00 p.m.
(c) The Director of General Services is
authorized to establish the location of recyclable
material containers on public property as deemed
necessary to serve the best interests of the City.
The location determined by the Director of General
Services shall in no event encroach upon the public
alley or street more than four (4) feet.
(d) Upon the consent of the owner or
authorized agent of any business, multiple dwelling,
or apartment house, when in the opinion of the
Director of General Services such collection is
feasible, collection service from points on private
property will be made. All receptacles furnished by
the City shall be and remain the property of the
City.
(e) Containers for recyclable materials may be
different from containers for non-recyclable
materials and may vary according to the type of
material collected. In no event shall the
accumulation of recyclable materials be allowed to
create litter or an unsafe condition. The City shall
have the right to place identification marks on
recyclable material containers at its own expense.
(f) No person shall deposit in or place upon
or around any recyclable material container any
material other than the recyclable material(s) for
which the container is specifically designated.
(g) The Santa Monica Recycling Program is a
service offered to the citizens of Santa Monica by
the City. No person, including any owners, manager,
or authorized agent of the owner of any dwelling,
multiple dwelling, or apartment house may prohibit a
citizen from participating.
(h) No person unauthorized by the owner of a
recyclable material container shall move or remove
said container or shall move or remove any recyclable
materials which include, but are not limited to,
glass, cans, newspaper, plastic, yard waste, and
motor oil left at the curb for collection by City
crews on designated recycling collection days. No
person shall remove recyclable materials from
specially designated containers placed in central
locations for the deposit of cans, glass, plastic,
and newspapers, or other recyclable materials and all
such recyclable materials shall be the property of
the City of Santa Monica.
SECTION 5232. Water Line Contamination.
(a) No person shall connect, cross-connect,
maintain, or install any device, receptacle, fixture,
tank, or any other form of installation in any
building or on any premises, which is connected to
any water line, pipe, or conduit, which conveys or
carries any water used for domestic or human
consumption, if the plan, arrangement, connection,
maintenance, or installation is such as to make
possible any contamination or pollution of such water
supply.
(b) No person shall dump or place upon any
water meter or gate valve on any water line, any
garbage, waste matter, or other obstruction of any
kind or nature whatsoever.
SECTION 5233. Dump Grounds.
(a) No person shall permit any premises owned,
occupied, or controlled by him or her within the City
to be used for the throwing, dumping, or depositing
of garbage, refuse, waste matter, or other offensive
matter.
(b) No person shall trespass or go upon the
land or property of any other person for the purpose
of dumping or dump upon the land or property of any
person any refuse, as refuse is defined in Section
5200 of this Code.
SECTION 5234. Drinking Fountains. Every
drinking fountain or other device intended to be used
by the public as a means of securing a drink of water
installed in or about any park, school, hotel, store,
or other public meeting place shall comply in design,
application, and operation with the following
specifications:
(a) The source of water supply and the
orifices from which the water flows must be so
protected that they cannot be reached by the mouth,
lips, or tongue of the drinker.
(b) The orifices from which the water flows
must be so protected that drippings from the mouth,
lips, mustache, or nose of the drinker cannot fall on
or return to the orifices from which the water flows.
(c) The fountain or drinking device must be of
such design that under normal water pressure the
drinker may drink without touching chin or bridge of
his or her nose to any part of the fountain.
(d) The fountain or drinking device must be of
such design that the water bubble from which the
drink is taken is formed under normal water pressure
in air at least one and three quarters (1-3/4) inches
away from any supply pipe or other substance. No
person shall maintain, operate, or install any
drinking fountain or other drinking device which does
not comply with the provisions of this Section.
SECTION 5235. Drugs, Medicines, Sale and
Delivery. No person shall distribute to or deliver
to, or leave with, or cause or permit to be delivered
or distributed to or left with any child under the
age of fifteen (15) years (except by a regularly
licensed physician or surgeon, or a regularly
licensed pharmacist or pharmacist's assistant, or the
parents or guardians of any such child) any drug,
physic or medicine, or any sample thereof.
SECTION 5236. Incorporation of Certain County
of Los Angeles Public Health Code Requirements.
(a) Sections 100 to 1191, inclusive, with the
exception of Sections 320, 541, and 542 of the Public
Health Code of the County of Los Angeles, as adopted
on August 25, 1959, by the Board of Supervisors of
the County of Los Angeles by Ordinance Number 7583,
and as amended by Ordinance Numbers 8095, 8284, 8425,
8588, and 8614, and subsequent ordinances, are hereby
adopted and incorporated herein by reference as if
set forth in full herein. The provisions of said
Public Health Code fully express the will and
intention of the City Council of the City of Santa
Monica as to those matters relating to public health
which are contained therein and adopted hereby.
(b) The provisions of this Ordinance, insofar
as they are substantially the same as provisions of
the Santa Monica Municipal Code relating to the same
subject matter existing immediately preceding
adoption of this Ordinance, shall be construed as
restatements and continuances, and not as new
enactments.
(c) The issuance of a permit, certification,
or approval under the provisions of this Ordinance
shall not constitute a waiver of any other
requirement contained in the Santa Monica Municipal
Code or any other law or ordinance, and all such
requirements shall be complied with in addition to
the obtaining of a permit, certification, or approval
under the provisions of this Ordinance.
(d) The issuance of a permit, certification,
or approval under the provisions of this Ordinance
shall not constitute an approval of any violation of
any provision of this Ordinance, or any law or
ordinance, and a permit, certification, approval, or
other document purporting to give authority to
violate any law or ordinance shall not be valid with
respect thereto.
SECTION 5237C. Refuse Collection Hours. No
person shall operate or cause to be operated any
vehicle or refuse collection equipment for the
purpose of collecting refuse between the hours of
10:00 p.m. and 7:00 a.m. of the following day, except
that it shall be lawful in the M-1 District to
collect rubbish between the hours of 3:00 a.m. and
7:00 a.m. of each day so long as during such time
there is no collection of refuse within five hundred
(500) feet of any building located in a district
other than the M-1 District.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of this Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The renumbering or recodification of the
Sections in Chapter 2 of the Santa Monica Municipal Code shall
not in any manner affect the prosecution for violations thereof,
which violations were committed prior to the effective date
hereof, nor shall the renumbering or recodification of said
Sections affect any prosecution or action which may be pending or
may hereinafter be filed in any court for the violation of any of
the provisions of said Sections. As to any such violations of
any of said Sections and as to any such prosecution or pending
prosecution or action, said Sections and each of them shall be
deemed to continue and be in full force and effect.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption. This Ordinance
shall be effective thirty (30) days after its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney