HomeMy WebLinkAbout14 - Solid Waste Collection OrdinanceCITY OF
+ t
March 11, 2014
Agenda Item No. 14.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
TITLE: Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal
Code; Relating to Solid Waste Collection
ABSTRACT:
On November 12, 2013, the Newport Beach City Council approved an agreement between
the City of Newport Beach and CR &R Environmental Services, Inc. for residential solid
waste collection and recycling services and transfer station operations. Under the
agreement, CR &R will provide automated and semi - automated solid waste collection service
to most residential areas in Newport Beach. The change in collection method necessitates
amendments to the Newport Beach Municipal Code. If adopted, Ordinance 2014 -7 would
amend Chapter 6.04 to include current terminology and updated regulations related to
residential solid waste collection.
RECOMMENDATION:
Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach
Amending Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid
Waste Collection and Disposal, and pass to second reading on March 25, 2014.
FUNDING REQUIREMENTS:
No Fiscal Impact.
Background
Environmental Services, Inc. (CR &R). Under the agreement, CR &R will provide automated
and semi - automated solid waste collection service to most residential areas of Newport
Beach. These collection methods represent a departure from the manual collection service
City of Newport Beach (City) staff has provided for decades. CR &R will also offer an
optional recycling program, under which customers can choose to separate their own
recyclables before collection. The new collection methods utilized by CR &R affect the type
of container used, where the responsibility lays for providing the containers, and where the
containers can be stored. Consequently, Chapter 6.04 of the Newport Beach Municipal
Code must be amended to reflect these changes. Staff is also recommending changes to
some of the terminology included in Chapter 6.04 to make it consistent with current industry
practices and the City's agreement with CR &R.
The transition from City - provided service to CR &R- provided service will begin on March 31
and is expected to continue over a period of up to 16 weeks. CR &R will assume
responsibility for City refuse collection on March 31, and will deliver the new, wheeled carts
and commence automated or semi - automated collection on a gradual, neighborhood-by -
neighborhood basis.
Recommended Changes to Chapter 6.04
Terms and Definitions
As previously noted, some of the recommended amendments to NBMC Section 6.04 are
related to updating the terms and definitions used to make the language consistent with the
City's agreement with CR &R and with current solid waste industry practices. Both a redlined
version and a "clean" version of the recommended amendments to Chapter 6.04 are
included as Attachments A & B.
The term "solid waste" is now an all- encompassing term used to refer to trash, recyclable
materials, and green waste. Staff is proposing to use that term to refer to the service
provided, and then further defining what constitutes waste (trash, refuse), recyclable
materials, and green waste. The City is not offering a separate green waste collection at this
time. Residents will be asked to place their green waste in their "waste" carts, and some of
this will be salvaged at the materials recovery facility (if salvageable).
Containers
The substantive changes begin in Section 6.04.080. Currently, residents are responsible
for purchasing their own refuse containers. Under the City's agreement with CR &R, CR &R
will provide wheeled waste and recycling carts to residential customers at no cost. (It should
be noted, however, that the carts remain the property of CR &R.) The carts are available in
three sizes and customers can have the amount of waste and recycling carts that their
household needs. The carts can be exchanged at any time during the term of the
agreement.
Staff is not recommending deletion of Section 6.04.090 A (3), pertaining to the use of sturdy
bags, as the City and CR &R have agreed that excess trash or recyclables can be placed in
a bag by the curb or alleyway for collection.
Though not related to the City's agreement with CR &R, staff is proposing the addition of
Section 6.04.090 A (4) to address the needs of Newport Beach businesses that contract
with private solid waste haulers. It has been brought to staff's attention that at least one
private hauler allows its small commercial customers to provide their own 35- gallon
containers for collection.
231
Cart Storage
Section 6.04.150 pertains to the placement and storage of carts. Staff has spent many
hours in the community during the past two months, helping customers determine which
carts to order. Some of those discussions centered on how and where residents could store
their carts. As the Council is aware, the City has a number of narrow alleyways, residential
properties with little or no setbacks, and homes with narrow side walkways that can make
storing the containers challenging.
Section 6.04.150 A pertains to areas where containers are placed in an alley for collection.
It currently states containers should be stored in a side area no further beyond the corner of
a building. In some cases, the size of the new, medium and large automated containers will
make it difficult for residents to walk between their new containers and their property's fence
or wall. Also, storage may be affected by the location of gas meters, hose bibs, etc.
Therefore, staff is recommending amending this section of the NBMC to allow for containers
to be stored in the alley against a structure, provided the storage does not impede traffic in
the alleyway. Staff discussed this with many residents, and was assisted by a poll
conducted by the Corona del Mar Residents Association. Generally, respondents were split
on the merits of back alley storage. Staff is optimistic that the order and aesthetics of the
new carts will further improve perception about this change.
We appreciate the assistance of Mike Pisani, Co- Director of the Municipal Operations
Department, and Michael Torres, Assistant City Attorney, in developing these ordinance
changes.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Name. Description:
❑ Solid Waste Ordinance.odf Ordinance 2014 -7
F) NBMC Chapter 6.04 Redline.pdf Newport Beach Municipal Code Chapter 6.04 Redline
232
F-11 i r-1181 001614 0 111 W-11
ORDINANCE NO. 2014 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO SOLID WASTE COLLECTION AND
DISPOSAL
WHEREAS, the City of Newport Beach ( "City ") is a municipal corporation duly
organized and validly existing under the laws of the State of California with the power to
carry on its business as it is now being conducted under the statutes of the State of
California and the Charter of City;
WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 ( "AB 939 ") and subsequent
modifications thereto, established a solid waste management process that requires the
City to implement source reduction, reuse and recycling as integrated waste
management practices;
WHEREAS, California Public Resources Code Section 40059 authorizes the City
to determine aspects of solid waste handling that are of local concern, including, but not
limited to, frequency of collection, means of collection and transportation, level of
services, charges and fees, location, and extent of providing solid waste handling
services, and whether the services are to be provided by means of partially exclusive or
wholly exclusive agreements, contracts, licenses, permits or otherwise;
WHEREAS, the City Council determined it is in the best interests of the City and
its residents to contract with CR &R Incorporated to provide solid waste collection
services for residential properties currently serviced by City crews; and
WHEREAS, the provision of solid waste collection services by CR &R
Incorporated necessitates certain revisions to Chapter 6.04 of the Newport Beach
Municipal Code ( "NBMC ") to maintain consistency in terminology and practices.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 6.04.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.010 Solid Waste Defined.
The term "solid waste" shall mean all discarded putrescible and non - putrescible
solid, semisolid, and liquid wastes, including refuse, construction, demolition
debris, bulky items, recyclable materials, and green waste or any combination
thereof which are permitted to be disposed of in a Class III landfill, and which are
included in the definition of "Non- hazardous Solid Waste" as set forth in the
233
California Code of Regulations as they may be amended from time -to -time. Any
reference in the Code to 'refuse" shall mean "solid waste."
Section 2: Section 6.04.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.020 Recyclables Defined.
The term 'recyclable materials" shall mean items in the solid waste stream which
can be reused or processed into a form suitable for reuse consistent with the
requirements of state law (i.e., AB 939). Recyclable materials include, but are
not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic
containers, newspaper, paper, printed materials, paper containers, cardboard
and textiles.
Section 3: Section 6.04.025 of the Newport Beach Municipal Code is hereby
amended to read as follows:
IX�L��Y�•� • �i iKT 1iT7T4f .7FY71C�'PF.�ia= 3iili�ZiiiT��
The term "commercial solid waste bin" shall mean any container which requires
special collection equipment, and is designed for the storage of solid waste
generated by any business which cooks or prepares food or sells food which is
not fully wrapped or packaged.
Section 4: Section 6.04.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.030 Green Waste Defined.
The term "green waste" shall mean and include trimmings from trees or shrubs,
plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves
or other forms of organic waste generated from landscapes or gardens, which
are suitable for composting.
Section 5: Section 6.04.045 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.045 Public Solid Waste Container Defined.
The term "public solid waste container" shall mean all solid waste containers with
a forty -four (44) gallons or one (1) to three (3) cubic yard capacity suitable for the
storage and collection of solid waste which are procured, placed and maintained
on public property pursuant to Section 6.04.190 of this chapter.
Page 12
234
Section 6: Section 6.04.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.050 Nuisance Declared.
The accumulation and existence of solid waste on any private premises, on, in,
or upon any beach, street, alley or other public place within the City may be
declared to be a nuisance. No person who owns, controls or occupies any
premises in the City shall cause, permit or allow any such nuisance to exist
thereon.
Section 7: Subsection 6.04.055(A)(1) of the Newport Beach Municipal Code is
hereby amended to read as follows:
"Leaf blowers" shall mean any air blowing machine that uses a concentrated
stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings,
green waste, solid waste or debris. This definition shall include "mechanical
blowers" as that term is used in Chapter 10.28. "Leaf blowers' shall not include
any leaf or refuse vacuum.
Section 8: Subsection 6.04.055(B)(1) of the Newport Beach Municipal Code is
hereby amended to read as follows:
Leaf blowers may be used and operated to sweep or clean any surface of dirt,
dust, leaves, grass clippings, trimmings, or debris only if the green waste, solid
waste or debris so swept or blown are not left in or upon any adjacent or other
parcel, any street, public place or right -of -way, public beach, or on the shore, or
in the waters of Newport Bay.
Section 9: Section 6.04.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.060 Disposal on Public Property Prohibited.
No person shall throw, deposit or leave any solid waste, or, be in possession and
control of any solid waste, shall permit the same to be thrown, deposited, or left
in or upon any street, public beach or other public place, or on the shore, or in
the waters of Newport Bay within the City.
Section 10: Section 6.04.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.070 Collection of Solid Waste.
A. All solid waste placed in the vicinity of any curb or alley for collection
purposes shall become the property of the City, a sanitary district or a
private collector licensed or contracted by the City.
Page 13
235
B. No person, except an individual acting within the course and scope of their
agency or employment with the City, a sanitary district, or private collector
licensed or contracted by the City, shall remove from any place or premises
in the City, or transport over public streets, any solid waste.
C. No person shall enter onto private property for the purpose of collecting or
inspecting solid waste, except the owner, occupant, manager, person in
control of the premises, or a person employed to do so by the City, a
sanitary district, or private collector licensed or contracted by the City to
perform this service who is then acting within the course and scope of their
agency or employment.
D. No person shall knowingly aid and abet another person in committing a
violation of subsection (A), (B), or (C) of this section. A person is guilty of
aiding and abetting another person in committing a violation of subsection
(A), (B), or (C) of this section if the person knows of the other person's
unlawful purpose and the person specifically intends to, and does in fact,
aid, facilitate, promote, encourage, or instigate the other person's
commission of a violation of subsection (A), (B), or (C) of this section.
E. The provisions of this section shall not prohibit:
1. Any person, with the permission and consent of the property owner,
from gathering and removing solid waste generated by construction,
landscaping or gardening on the property when the solid waste has not
been set out for collection by the City, a sanitary district, or a private
collector licensed or contracted by the City;
2. Any person from removing solid waste generated on property owned or
controlled by that person;
3. The immediate removal by any person of solid waste which the Health
Officer, City Manager or his /her designee, Fire Chief, Building Official or
their agents have determined to constitute a nuisance or an immediate
threat to the public health, safety and welfare; or
4. Any nonprofit organization from collecting recyclables in any manner
which does not conflict with this chapter or any other provision of this
Code.
Section 11: Section 6.04.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.080 Containers.
A. Except as provided in subsection (B), every owner and tenant of any
dwelling unit or units, or any place of business or institution within the City
where solid waste accumulates, shall have a sufficient number of containers
-.. %f
236
to accommodate all solid waste accumulated on the premises between
collection days.
B. The owner and tenant are each responsible for having the required number
of containers, provided, however, the occupant of any dwelling unit for which
a short term lodging permit has been issued by the City shall not be
responsible for compliance with this section.
C. Failure of the owner or tenant to comply with the provisions of this section
shall constitute an infraction.
Section 12: Section 6.04.090 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.090 Solid Waste Container Requirements.
A. All solid waste set out for collection shall be placed in containers that satisfy
one (1) or more of the following requirements:
1. The container shall be a container provided by the City, a sanitary
district or a permitted contractor, in one of three (3) sizes;
2. The container shall not exceed one hundred and fifty (150) pounds in
weight, including contents;
3. Sturdy, grease- resistant, waterproof non - returnable bags which are
specifically designed for solid waste shall be deemed to satisfy the
requirements of this subsection provided that each full bag is no greater
than fifty (50) pounds, the opening is secured, and the weight does not
cause the bag to tear when handled; or
4. Businesses, with the permission of the private solid waste collector
servicing their business, may use thirty -five (35) gallon containers.
B. No person shall place any container with solid waste on public property for
collection unless the container fully complies with subsection (A) of this
section. No solid waste will be collected unless the solid waste is placed in
containers that comply with subsection (A) of this section.
C. Notwithstanding any other provision of this Code, the violation of this section
shall constitute an infraction and shall be punishable as such or in
accordance with Chapter 1.05 of this Code.
Page 15
237
Section 13: Section 6.04.095 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.095 Commercial Solid Waste Bin Requirements.
Any business which utilizes commercial solid waste bins for the storage of solid
waste shall equip the bin with a lid or cover sufficient to prevent (1) odor from
escaping the container, (2) flies and other insects from coming into contact with
the contents of the container, (3) the contents from leaving the interior of the
container, and (4) rain or water from entering the interior of the container.
Further, any business utilizing any commercial solid waste bins shall ensure that
the solid waste accumulated in the bins is picked up and disposed of at least
once per week and shall maintain each bin in a clean and sanitary manner.
Section 14: Section 6.04.100 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.100 Green Waste.
Tree limbs, branches, hedge cuttings, and similar green waste materials may
also be disposed of by placing them in solid waste containers compliant with
section 6.04.090.
Section 15: Section 6.04.110 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.110 Contents of Containers.
Contents of containers shall be limited to solid waste as, except as qualified to
the extent set forth in this section:
A. Food waste or animal feces must be thoroughly drained and securely
wrapped to prevent leakage, odor, and access to flies and animals.
B. Feathers and ashes must be dampened and securely wrapped, and vacuum
cleaner sweepings must be securely wrapped.
C. Grass, tree, shrub and flower trimmings, leaves and weeds must be
contained as set forth in Section 6.04.100.
Section 16: Section 6.04.150 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.150 Storage and Placement of Containers for Collection.
A. Containers shall be stored in a garage, trash enclosure, or in the sideyard
and beyond a line drawn parallel to the alley from the corner of the building
closest to the alley to the adjacent property line except when the containers
0 E.
238
are placed out for collection. However, where trash is collected from an
alleyway, containers may be stored neatly against the dwelling unit provided
the container storage does not impede alleyway traffic, emergency vehicle
access, or solid waste or recycling truck access.
B. Placement for Collection.
1. Containers shall be placed for collection in a location easily accessible
to the solid waste collector such as the streetside of the adjacent
sidewalk, in the parkway, or in driveways and adjacent to the curb line.
Containers may be placed in the gutter or street in a manner that does
not impede traffic.
2. If solid waste is collected from an alley abutting the premises,
containers shall be placed for collection as close to the alley property
line as feasible and on private property. In any alley where a yellow line
has been painted by City to demarcate private from public property,
containers shall be placed adjacent to the yellow line on the private
property side. In no event shall containers be placed more than eight
(8) feet onto private property as measured from the alley property line
or placed in a manner which could obstruct vehicular travel through the
alley.
3. Containers shall not be considered placed for collection and solid waste
will not be collected unless containers are removed from any enclosure,
structure, cabinet, cart or shelf.
4. Containers shall be placed for collection before 7:00 a.m. on collection
days, but not earlier than 7:00 p.m. the day preceding the collection
day, and containers shall be relocated to their required storage place as
soon as possible after collection, but no later than 7:00 p.m. of the day
of collection.
C. The owner and tenant are each responsible for the placement of containers;
provided, however, the occupant of any dwelling unit for which a short-term
lodging permit has been issued by the City shall not be responsible for
compliance with this section.
Section 17: Section 6.04.160 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.160 Administration of Collection Service.
The City Manager or designated representative shall administer the provisions of
this chapter. In carrying out this responsibility, he or she shall have the following
powers and duties:
Page 17
239
Establish the routes, hours and days of collection and he or she may change the
same as he or she deems necessary, and shall give notice of such routes, hours,
days and changes as seems advisable.
Establish rules and regulations consistent with this chapter governing storage,
collection and disposition of solid waste, including the determination of standards
and specifications for approved containers and the placement of containers. The
rules may permit special containers or bins when the quantity or the nature of the
material to be collected so requires.
Establish additional rules and regulations consistent with this chapter as may be
necessary, reasonable and proper to effect the sanitary, expedient, economical
and efficient collection, removal and disposal of solid waste.
Section 18: Section 6.04.180 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.180 Removal of Building Scraps.
All owners, contractors and builders of structures shall, upon the completion or
demolition of any such structure, gather up and haul away, at their sole cost and
expense, all solid waste of every nature, description or kind, which has resulted
from the building or demolition of the structure, including all lumber scraps,
shingles, plaster, brick, stone, concrete and other building material, and shall
place the lot and all nearby premises utilized in such construction in a sightly
condition.
Section 19: Section 6.04.190 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.190 Public Solid Waste Containers.
The City Manager or designated representative shall procure, place and maintain
at suitable places on certain business sidewalks, the public beaches, piers and
bay and ocean front street ends a sufficient number of solid waste containers to
receive and hold solid waste generated by the general public at those locations.
The Municipal Operations Director shall at all times keep public containers in a
clean and sightly condition and in good order and repair, provided that the failure
of the Municipal Operations Director to furnish and provide such containers shall
not be held or construed to relieve any person from the penalties of this Code.
Section 20: Section 6.04.191 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.191 Prohibition of Commercial Use of Public Solid Waste Containers.
No person who owns, leases, operates, manages or is employed by a business
as that term is defined in Section 5.04.010 of this Code, shall deposit or cause to
- . • E:j
240
be deposited, any solid waste generated by the business into any public solid
waste container unless otherwise authorized by resolution of the City Council of
the City of Newport Beach.
Section 21: Section 6.04.195 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.195 Prohibition on Private Use of Public Solid Waste Containers on
Balboa Island.
No person who resides, leases, rents or occupies property located on Balboa
Island, and no person who owns, leases, rents, operates, manages or is
employed by any business located on Balboa Island, shall deposit, or cause to
be deposited, any solid waste, into any public solid waste container located on
Balboa Island.
Section 22: Section 6.04.200 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.200 Tampering with Public Solid Waste Containers.
No person shall remove, without lawful authority, any container from the place
where it is placed and maintained by the Municipal Operations Director, or
willfully deface, injure, damage or destroy, or use any container for any purpose
other than the authorized placing of solid waste therein by the general public.
Section 23: Section 6.04.210 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.210 Prohibited Disposal.
A. On Another's Property: No person shall throw, deposit or leave any solid
waste, or who being in possession and control of any solid waste, permit it to
be thrown, deposited or left on the property or premises of another located in
the City without the knowledge and prior permission of the owner thereof.
B. On Own Property: No owner of real property shall throw, deposit or leave, or
knowingly permit another to throw, deposit or leave, solid waste on such real
property, nor shall he or she fail, neglect or refuse to wholly remove solid
waste from such real property, within three (3) days after receipt of written
notice by the Municipal Operations Director or his /her designee to do so.
C. By Tenants: No owner of real property located in the City shall knowingly
permit or countenance his tenants while in occupation of such real property
to throw, deposit or leave any solid waste upon the property or premises of
another.
-..- E
241
Section 24: Section 6.04.220 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.220 Persons Required to Clean Sidewalks.
The occupant or tenant, or in the absence of an occupant or tenant, the owner,
lessee, or proprietor of any real estate in this City in front of which there is a
paved sidewalk shall cause said sidewalk to be swept or otherwise cleaned as
frequently as necessary to maintain said sidewalks reasonably free of leaves,
dirt, paper, litter or rubbish of any kind. Sweepings from said sidewalk shall not
be swept, or otherwise made or allowed to go into the street or gutter, but shall
be disposed of by being placed in a solid waste container by the person
responsible for the cleanliness of said sidewalk.
Section 25: Section 6.04.230 of the Newport Beach Municipal Code is hereby
amended to read as follows:
6.04.230 Burying of Solid Waste Prohibited.
With the exception of green waste, no person shall dispose of, or attempt to
dispose of any solid waste by burying it in or underneath the surface of the earth.
Section 26: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 27: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 28: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly. Alternatively, the City Council finds the
introduction and adoption of this ordinance is not a project under CEQA Regulation
Section 15061(b)(3) because it has no potential for causing a significant effect on the
environment.
Section 29: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to
City Charter Section 414.
Page 110
242
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the day of 2014, and adopted on the
day of 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Rush N. Hill, 11
ATTEST:
LEILANI I. BROWN, CITY CLERK
CITY A'
FORM:
aC
C. HARP, CITY ATTORNEY
Page 111
243
ATTACHMENT B
Solid Waste Collection and Disposal
6.04.010 Solid Waste Garbage Defined.
...................................................................................................................................................................................................................................................................................................... ...............................
The term "solid wastegar-bage" shall mean all discarded putrescible and non -
putrescible solid, semisolid, and liquid wastes, including refuse, construction,
demolition debris, bulky items, recyclable materials, and green waste or any
combination thereof which are permitted to be disposed of in a Class III landfill,
and which are included in the definition of "Non- hazardous Solid Waste" as set
forth in the California Code of Regulations as they may be amended from time -to-
time. gg.1 r111rle all a al and vegetawe rgf "�- r.d P_Rt tg a atieg er handIigg of
feed Any reference in the Code to "refuse" shall mean "solid waste."
6.04.020 Refuse -Recyclables Defined.
.................................................................................. ............................... .......................................................................................................................................... ...............................
The term "recyclable materials" shall means items in the solid waste stream
which can be reused or processed into a form suitable for reuse consistent with
the requirements of state law (i.e., AB 939). Recyclable materials include, but are
not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic
containers, newspaper, paper, printed materials, paper containers, cardboard and
textiles.
The f hell R(A grl' 1de h. d. trn h
- rn�t�Trr�rercrSe o rubbish SHC�- r'crS papeF
newspapers rag, ardbearrl fiber, metal glace Garton, container, box, bottle n nrl
other artlrlec Ar matpirmals of a miler nat'We RGFM@"y diorardPd as he, ioeholrl
husingrr refsise (Ord 1558 R 1 1974 Qpd 1403 R 1 (part), 1979
6.04.025 Commercial Solid WasteRefase Bins Defined.
The term "commercial solid wastefefr+se bin" shall mean any container, which requires
special collection equipment, and is designed for the storage of solid wastegarbage -er
rpf- se generated by any business which cooks or prepares food or sells food which is
not fully wrapped or packaged.
6.04.030 6utti+gs -Green Waste Defined.
The term "green waster"" shall mean and include trimmings from trees or shrubs,
plants, grass cuttings, or removed or discarded branches, shrubs,-ar plants, leaves or
244
other forms of organic waste generated from landscapes or gardens, which are
suitable for composting.
6.04.045 Public Solid WasteRefuse Container Defined.
The term "public solid wasterefuse container" shall mean all solid wasterefuse
containers with a forty -four (44) gallons or one (1) to three (3) cubic yard capacity
suitable for the storage and collection of solid wasteref+se which are procured, placed
and maintained on public property pursuant to Section 6.04.190 of this chapter.
6.04.050 Nuisance Declared.
....................................................................................................................................................................................................................................................................................................... ...............................
The accumulation and existence of solid wastegaFbage, ' ^fuse OF Gutti^ ^n on any
private premises, on, in, or upon any beach, street, alley or other public place within the
City may be declared to be a nuisance. No person who owns, controls or occupies any
premises in the City shall cause, permit or allow any such nuisance to exist thereon.
Subsection 6.04.055(A)(1)
"Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of
air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, green
waste^", solid wasterefase or debris. This definition shall include "mechanical
blowers" as that term is used in Chapter 10.28. "Leaf blowers" shall not include any leaf
or refuse vacuum.
Subsection 6.04.055(8)(1)
Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust,
leaves, grass clippings, trimmings, ^6146^ ^o refuse or debris only if the green
waste^"4� 9s, solid wasters or debris so swept or blown are not left in or upon
any adjacent or other parcel, any street, public place or right -of -way, public beach, or on
the shore, or in the waters of Newport Bay.
6..04. 060 Disposal on Public Property Prohibited
No person shall throw, deposit or leave any solid waster fuse gaFbag° ^ ^6144iRgS or,
being in possession and control of any solid waste^ fuse gaFb,^^ eF ^,A47^^c shall
245
permit the same to be thrown, deposited, or left in or upon any street, public beach or
other public place, or on the shore, or in the waters of Newport Bay within the City.
6.04.070 Collection of Solid Waste les.
................................................................................................................................................................................................................................................................................................. ...............................
A. All re#use,garbage, GuttiRgssolid waste OF FeeyGlables whit" are placed in the
vicinity of any curb or alley for collection purposes shall become the property of the City
of Newport Bea mob, a sanitary district- or its contractora private collector licensed
or contracted by the City.
B. No person, except an individual acting within the course and scope of their agency
or employment with the City of "'ewpeFt Bea ^b, a sanitary district, or private collector
licensed or contracted by the City of "'^•••^^F' Q^^^", shall remove from any place or
premises in the City, or transport over public streets, any garbage refuse, cuttings ^.r
FeGyGlablessolid waste.
C. No person shall enter onto private property for the purpose of collecting or
inspecting refuse, game, GUtti ^ ^^ OF Feey(3lablessolid waste, except the owner,
occupant, manager, person in control of the premises, or a person employed to do so
by the City ef Newport Be , a sanitary district, or private collector licensed or
contracted by the City ^f "'ewpeFt BeaE; to perform this service who is then acting
within the course and scope of their agency or employment.
D. No person shall knowingly aid and abet another person in committing a violation of
subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting
another person in committing a violation of subsection (A), (B), or (C) of this section if
the person knows of the other person's unlawful purpose and the person specifically
intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other
person's commission of a violation of subsection (A), (B), or (C) of this section.
E. The provisions of this section shall not prohibit:
1. Any person, with the permission and consent of the property owner, from
gathering and removing r8f6168 ^• ^WWRg solid waste generated by construction,
landscaping or gardening on the property when the refu.se and PiAM.R ^° solid
waste hasve not been set out for collection by the City of Newport R° ° ^" a
246
sanitary district, or a private collector licensed or contracted by the City—ef
Ne �peFt E3ea .h.
ncwP°nvcwTr,
2. Any person from removing garbage, refuse or ^ "n^ °solid waste generated
on property owned or controlled by that person;
3. The immediate removal by any person of ga; bage, refuse or cuttiRg6solid
waste which the Health Officer, City Manager, MURi ^' ^^' ^^^• ^t'^^° Dire ^t^ or
his /her designee, Fire Chief, Building Official or their agents have determined to
constitute a nuisance or an immediate threat to the public health, safety and
welfare;
4. Any nonprofit organization from collecting recyclables in any manner which
does not conflict with this chapter or any other provision of this Code.
6104.080 Containers.
A. Except as provided in subsection (B), every owner and tenant of any dwelling unit
or units, or any place of business or institution within the City where garbage and/OF
refasesolid waste accumulates, shall provide have a sufficient number of containers to
accommodate all refuse and/eF gaFbag ^solid waste accumulated on the premises
between collection days.
B. The owner and tenant are each responsible for pFavidiRg having the required
number of containers, provided, however, the occupant of any dwelling unit for which a
short term lodging permit has been issued by the City shall not be responsible for
compliance with this section.
C. Failure of the owner or tenant to comply with the provisions of this section shall
constitute an infraction.
6.04. 090 ............................ ............................... .........................Solid Waste Container Requirements.............................. ...............................
A. All solid waste rektw- -set out for collection shall be placed in containers that
satisfy one (1) or more of the following requirements:
247
1. The container shall ;be a
container provided by the City, a sanitary district or 4&a permitted
contractor, in one of three (3) sizes;:
2. The container shall not exceed fifty (50) one hundred and fifty (150)_
pounds in weight, including contents;
r�a+n*a
7-3. Sturdy, grease- resistant, waterproof nonreturnable bags which are
specifically designed for solid waste^^ ~ b^^^ and F ^f ^ °^ shall be deemed to
satisfy the requirements of this subsection provided that each full bag cemplies
than fifty (50) pounds, the opening is secured, and the weight does not cause the
bag to tear when handled; or.
4. Businesses, with the permission of the private solid waste collector
servicing their business, may use thirty -five (35) gallon containers.
B. No person shall place any container with rpfi -se solid waste on public property for
collection unless the container fully complies with subsection (A) of this section. No
solid wastertif, ise will be collected unless the solid wasters is placed in containers
that comply with subsection (A) of this section.
EM
C. Notwithstanding any other provision of this Code, the violation of this section shall
constitute an infraction and shall be punishable as such or in accordance with Chapter
i9iF ne 1111 OI&TOR
6.04.095 Commercial Solid Waste° Bin Requirements.
........................................................................................................................................................................................................................................................................................... ...............................
Any business which utilizes commercial solid wasteFefuse bins for the storage of solid
wastegaFbage -eF refuse shall equip the bin with a lid or cover sufficient to prevent (1)
odor from escaping the container, (2) flies and other insects from coming into contact
with the contents of the container, (3) the contents from leaving the interior of the
container, and (4) rain or water from entering the interior of the container. Further, any
business utilizing any commercial solid wastefefese bins shall ensure that the solid
waste^^"^^^ and refuL�$X accumulated in the bins is picked up and disposed of at least
once per week and shall maintain each bin in a clean and sanitary manner.
6.04.100 CuttingsGreen Waste.
branches, .. and similar green
• •• • of by placing
6.04.090.
vill be AAMPAtpid with the GG)Rt8RtS. (QFd. 1403 § 1 (part), 1971
6.04.110 Contents of Containers.
Contents of containers shall be limited to garbage r8416e and ^61"i^^ 6solid waste as
definprl RRC-#iGRS 6.04.010, a nn 020 Rd a nn 030 hern{r except as qualified to the
extent set forth in this section:
A. Garbage =Food waste or animal feces must be thoroughly drained and securely
wrapped to prevent leakage, odor, and access to flies and animals;
249
B. Ruse: Feathers and ashes must be dampened and securely wrapped, and
vacuum cleaner sweepings must be securely wrapped. Newspapers and
C. ''"Grass, tree, shrub and flower trimmings, leaves and weeds must be
contained as set forth in Section 6.04.100.
6.04.150 Storage and Placement of Containers for Collection.
A. Containers shall be stored in a garage, trash enclosure, or in the sideyard and
beyond a line drawn parallel to the alley from the corner of the building closest to the
alley to the adjacent property line except when the containers are placed out for
collection. However, where trash is collected from an alleyway, containers may be
stored neatly against the dwelling unit provided the container storage does not
impede alleyway traffic, emergency vehicle access, or solid waste or recycling
truck access..
B. Placement for Collection.
1. Containers shall be placed for collection in a location easily accessible to the
solid wasters collector such as the streetside of the adjacent sidewalk, in the
parkway, or in driveways and adjacent to the curb line. Containers °"nAtmay be
placed in the gutter or street.. in a manner that does not impede traffic.
2. If solid wasters is collected from an alley abutting the premises,
containers shall be placed for collection as close to the alley property line as
feasible and on private property. In any alley where a yellow line has been painted
by City to demarcate private from public property, containers shall be placed
adjacent to the yellow line on the private property side. In no event shall containers
be placed more than eight (8) feet onto private property as measured from the
alley property line or placed in a manner which could obstruct vehicular travel
through the alley.
250
3. Containers shall not be considered placed for collection and solid
wastegar bage, Fef u°° and ^L [HiRgS will not be collected unless containers are
removed from any enclosure, structure, cabinet, cart or shelf.
4. Containers shall be placed for collection before seven a.m. on collection days,
but not earlier than seven p.m. the day preceding the collection day, and
containers shall be relocated to their required storage place as soon as possible
after collection, but no later than seven p.m. of the day of collection.
C. The owner and tenant are each responsible for the placement of containers;
provided, however, the occupant of any dwelling unit for which a short- term lodging
permit has been issued by the City shall not be responsible for compliance with this
section.
6.04.160 Administration of Collection Service.
The City Manager or designated representative shall administer the provisions of this
chapter. In carrying out this responsibility, he or she shall have the following powers
and duties:
A. Establish the routes, hours and days of collection and he or she may change the
same as he or she deems necessary, and shall give notice of such routes, hours, days
and changes as seems advisable.
B. Establish rules and regulations consistent with this chapter governing storage,
collection and disposition of solid wastegarbage, refs se and GHttiRgG including the
determination of standards and specifications for approved containers and the
placement of containers. The rules may permit special containers or bins when the
quantity or the nature of the material to be collected so requires.
C. Establish additional rules and regulations consistent with this chapter as may be
necessary, reasonable and proper to effect the sanitary, expedient, economical and
efficient collection, removal and disposal of solid wastegarbag° '°fuse, reGyGlables
6..04.180 Removal of Building Scraps.
251
All owners, contractors and builders of structures shall, upon the completion or
demolition of any such structure, gather up and haul away, at their sole cost and
expense, all solid wastefefuse of every nature, description or kind, which has resulted
from the building or demolition of the structure, including all lumber scraps, shingles,
plaster, brick, stone, concrete and other building material, and shall place the lot and all
nearby premises utilized in such construction in a sightly condition.
6.04.190 Public Solid Waste#ief-+se Containers.
The City Manager or designated representative shall procure, place and maintain at
suitable places on certain business sidewalks, the public beaches, piers and bay and
ocean front street ends a sufficient number of solid wasterefase containers to receive
and hold solid wasteFefuse and gaFba ^ generated by the general public at those
locations. The Municipal Operations Director shall at all times keep public containers in
a clean and sightly condition and in good order and repair; provided, that the failure of
the Municipal Operations Director to furnish and provide such containers shall not be
held or construed to relieve any person from the penalties of this Code.
6.04.191 Prohibition of Commercial Use of Public Solid WasteRefuse Containers.
No person who owns, leases, operates, manages or is employed by a business as that
term is defined in Section 5.04.010 of this Code, shall deposit or cause to be deposited,
any solid wasterefuse generated by the business into any public solid waster
container unless otherwise authorized by resolution of the City Council of the City of
Newport Beach.
6.04.195 Prohibition on Private Use of Public Solid WasteRefase Containers on
Balboa Island.
.................................................................................................................................................................................................................................................................................................... ...............................
No person who resides, leases, rents or occupies property located on Balboa Island,
and no person who owns, leases, rents, operates, manages or is employed by any
business located on Balboa Island, shall deposit, or cause to be deposited, any solid
wasterpfi—se, into any public solid wasters container located on Balboa Island.
6.04.200 Tampering with Public Solid Waste Refuse Containers.
No person shall remove, without lawful authority, any container from the place where it
is placed and maintained by the Municipal Operations Director, or willfully deface, injure,
252
damage or destroy, or use any container for any purpose other than the authorized
placing of solid wasteFef us^ and gaFba ^ therein by the general public.
6.04.210 Prohibited Disp osal .................................................................................................................................................................................... ...............................
A. On Another's Property: No person shall throw, deposit or leave any solid
wasteFefuse gaFbag^ OF outtings or who being in possession and control of any solid
waste•^fuse gaFbag^ ^• eHttiR^^ permit itthem to be thrown, deposited or left on the
property or premises of another located in the City without the knowledge and prior
permission of the owner thereof.
B. On Own Property: No owner of real property shall throw, deposit or leave, or
knowingly permit another to throw, deposit or leave, solid wasterefuse, gaFbage &r
eats on such real property, nor shall he or she fail, neglect or refuse to wholly
remove solid wastethprn from such real property, within three (3) days after receipt of
written notice by the Municipal Operations Director or his /her designee to do so.
C. By Tenants: No owner of real property located in the City shall knowingly permit or
countenance his tenants while in occupation of such real property to throw, deposit or
leave any solid wasteFefHse, gaFbage ep euttiRgs upon the property or premises of
another.
6.04.220 Persons Required to Clean Sidewalks.
....................... ....................... ......... .........
The occupant or tenant, or in the absence of an occupant or tenant, the owner, lessee,
or proprietor of any real estate in this City in front of which there is a paved sidewalk
shall cause said sidewalk to be swept or otherwise cleaned as frequently as necessary
to maintain said sidewalks reasonably free of leaves, dirt, paper, litter or rubbish of any
kind. Sweepings from said sidewalk shall not be swept, or otherwise made or allowed to
go into the street or gutter, but shall be disposed of by being placed in a solid
wasteppf++se container by the person responsible for the cleanliness of said sidewalk.
6.04.230 Burying of Solid Waste Prohibited.
With the exception of green waste, Nno person shall dispose of, or attempt to
dispose of any solid wasteref11Oe er garbage by burying it in or underneath the surface
of the earth.
253