HomeMy WebLinkAbout17 - Solid Waste CollectionCITY OF
:n NEWPORT BEACF
City Council Staff Report
March 25, 2014
Agenda Item No. 17.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055,
mpisani@newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
PHONE: 949 - 644 -3035
TITLE: Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code
Relating to Solid Waste Collection
ABSTRACT:
This item updates Chapter 6.04 of the Newport Beach Municipal Code to accommodate the new
automated residential refuse collection service that will start soon in many parts of Newport
Beach. It includes several additions or amendments requested by the City Council at the
Council's March 11, 2014 meeting.
RECOMMENDATION:
Introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach
Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste
Collection and Disposal, and pass to second reading on April 8, 2014.
FUNDING REQUIREMENTS:
No fiscal impact.
DISCUSSION:
Background
On November 12, 2013, the Newport Beach City Council approved an agreement with CR &R
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 that the City
of Newport Beach (City) staff has provided. CR &R will also offer an optional recycling program,
under which customers can choose to separate their own recyclables before collection. These
service - related changes affect the type of container used, who provides the containers, and
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where the containers can be stored. Consequently, Chapter 6.04 of the Newport Beach
Municipal Code (NBMC) 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,
2014 and is expected to continue for approximately 16 weeks. Beginning March 31, CR &R will
deliver new, wheeled carts and commence automated or semi - automated collection on a
gradual, neighborhood -by- neighborhood basis during the 16 -week transition period.
Recommended Changes to NBMC Chapter 6.04
Terms and Definitions
Some of the proposed amendments to Newport Beach Municipal Code Chapter 6.04 are
related to updating terms and definitions used for consistency with the City's agreement with
CR &R and with current solid waste industry practices. Ordinance 2014 -7 and a redlined version
of NBMC 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 using that term to refer to the service provided,
and then further defining what constitutes waste (trash, refuse), recyclable materials, and green
waste. It should be noted that the City is not offering a separate, green waste cart at this time.
Residents will be asked to place their green waste in their "waste" carts or in sturdy trash bags
alongside their waste carts on their regularly scheduled collection day. Some of the green
waste will be salvaged at the materials recovery facility.
Containers
The substantive changes to the chapter 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 provides wheeled, waste and recycling carts to residential customers at no cost. (It
should be noted, however, that the carts are the property of CR &R.) The carts are available in
three sizes and residents can use the number of waste and recycling carts that their household
needs. The carts can be replaced at any time during the term of the agreement.
Staff recommends retaining 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.
Container Storage
Section 6.04.150 pertains to the placement and storage of containers. 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 make storing the
containers challenging.
Section 6.04.150 A discusses where containers can be placed in an alley for collection. The
NBMC currently states that 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 -sized 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,
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in cases where the containers impede pedestrian access on the side of a building, 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 a number of residents and was assisted by a poll by the Corona del Mar
Residents Association. Generally, respondents were split on the merits of alley storage. Staff is
optimistic that the order and aesthetics of the new carts will further improve perception about
this change.
Additional Amendments
As previously noted, staff initially presented the proposed Ordinance 2014 -7 to the City Council
on March 11. During its discussion, the Council noted several items that needed further
clarification and asked staff to return with a revised ordinance for first reading.
The items include:
Clarifying that within Newport Beach, residential solid waste collection service can be, and
is, managed by the City (for most residential areas in "old" Newport Beach and Newport
Coast), a sanitary district (for Santa Ana Heights), or a private collector licensed by the
City that is retained by a private association (several homeowner associations
independently contract for residential solid waste collection) and that service
requirements may vary according to the service provider.
In Section 6.04.090 A(2), new language has been added to clarify that cardboard boxes or
other items that do not fit within a cart may be placed out for collection.
In Section 6.04.090 A(4), staff added language to note that bulky item collection
regulations vary according to whether the solid waste collection agreement is managed by
the City, a sanitary district, or a private collector licensed by the City that is retained by a
private association (several homeowner associations independently contract for residential
solid waste collection).
Additional language was added to Section 6.04.150 A to explain that containers can be
stored neatly against a dwelling unit in the alleyway only if there is no other feasible
location to store the containers.
In addition, the Community Development Department's Code Enforcement Division requested
the inclusion of language to Section 6.04.095 (Commercial Solid Waste Bin Requirements)
requiring business using commercial solid waste bins to keep the storage areas clean and free
of trash and debris.
The highlighted areas in the redline of NBMC Chapter 6.04 (attached) identify the changes
made since the City Council's March 11 meeting.
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:
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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:
Description
Attachment A - Ordinance 2014 -7
Attachment B - NBMC Chapter 6.04 Redline
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ATTACHMENT A
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
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California Code of Regulations as they may be amended from time -to -time. Any
reference in Code to "garbage," 'refuse," or "cuttings" 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:
6.04.025 Commercial Solid Waste Bins Defined.
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.
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.
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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(6)(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.
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B. No person, except an individual acting within the course and scope of their
agency or employment with the City, a sanitary district, or a 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, Code Enforcement Supervisor, 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;
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
to accommodate all solid waste accumulated on the premises between
collection days.
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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 & Bulky Item Requirements.
A. Solid waste container requirements vary throughout the City depending
upon location and the solid waste collector servicing the area. If a container is
collected by automated equipment, the container shall not exceed the weight limit
provided on the container, including contents. If a container is collected without
automated equipment the container shall not exceed fifty (50) pounds in weight,
including contents. All solid waste set out for collection shall satisfy one (1) or
more of the following requirements:
1. Solid waste shall be placed in a container provided by, or allowed by, the
City, a sanitary district or a permitted contractor, for use in the specific area the
container is provided or used;
2. If allowed by the solid waste collector servicing an area, persons may use
sturdy, grease- resistant, waterproof nonreturnable bags which are specifically
designed for solid waste provided that each filled bag, including contents, is no
greater than fifty (50) pounds, the. opening is secured, and the weight does not
cause the bag to tear when handled;
3. If allowed by the solid waste collector servicing an area, solid waste may be
placed within a cardboard box and other similar disposable container
(collectively, "box') weighing fifty (50) pounds or less, including contents;
4. If allowed by the solid waste collector servicing an area, a business owner or
operator may use thirty -five (35) gallon containers to dispose of solid waste; or
5. Bulky item collection (e.g., an item that does not fit within an approved
container, box or bag) varies according to the agreement the City, a sanitary
district, or a private community has with a private collector licensed or contracted
by the City. The City shall post on its website or such other public location a list
of the bulky item collection rules and regulations specific to the various areas of
the City.
B. No person shall place any solid waste on public property for collection
unless the solid waste is in a container, box, or bag that fully complies with
subsection (A) of this section. No solid waste will be collected unless the solid
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waste is placed in a container, box or bag that complies with subsection (A) of
this section. No person shall place any bulky item on public property for
collection unless the bulky item fully complies with subsection (A) of this section.
No bulky item will be collected unless the bulky item complies 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.
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. Any
business utilizing commercial solid waste bins shall keep the bin storage area
clean and free of trash and debris and ensure that all oil, grease, fluid and other
items are contained with the bin storage area. The commercial solid waste bin
storage area shall be cleaned or power washed, as needed, to keep the area
free of grease, oils, fluids, stains or odors.
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 a solid waste container, box, or bag
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.
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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, Boxes, Bags or Bulky Items
for Collection.
A. Storage of Containers, Boxes, Bags or Bulky Items.
1. Containers, boxes, bags or bulky items shall be stored in a garage,
carport, trash enclosure, or in the sideyard, except when the containers, boxes,
bags or bulky items are placed out for collection. If located within a sideyard, the
containers, boxes, bags or bulky items shall be stored beyond a line drawn
parallel to the alley from the corner of the building closest to the alley to the
adjacent property line.
2. Where solid waste is collected from an alleyway, and container storage in
a garage, carport, trash enclosure or sideyard is not reasonably practicable, as
determined by the Code Enforcement Supervisor, City Manager or their
designee, containers may be stored neatly against the dwelling unit or garage
provided the container storage does not impede alleyway traffic, emergency
vehicle access, or solid waste truck access. This storage exception does not
apply to boxes, bags or bulky items.
B. Placement for Collection.
1. Containers, boxes, bags or bulky items 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, boxes, bags or bulky items 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,
boxes, bags or bulky items 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,
boxes, bags or bulky items shall be placed adjacent to the yellow line on the
private property side. In no event shall containers, boxes, bags or bulky items 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.
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3. Unless an exception applies, containers, boxes, bags or bulky items shall not
be considered placed for collection and solid waste will not be collected unless
the containers, boxes, bags or bulky items are removed from any enclosure,
structure, cabinet, cart or shelf.
4. Containers, boxes, bags or bulky items 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 boxes, or bags 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,
boxes, bags or bulky items; 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 representatives 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 waste, including the determination of
standards and specifications for approved containers, boxes or bags and the
placement of containers, boxes or bags. 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 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,
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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
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
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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
Code Enforcement Supervisor, Municipal Operations Director or their 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.
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, tenant, 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.
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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 111
423
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 25th day of March, 2014, and adopted on the 8th day
of April, 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Rush N. Hill, II
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTO ElS OFFICE
( 'C.)
AARON ARP, CITY ATTORNEY
Page 112
424
ATTACHMENT B
Solid Waste Collection and Disposal
6.04.010 Solid Waste Defined.
...... ..................
The term "solid wastegarbage" 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. and dRrlude all ^^m^,^' and
vegetable Fefuse Gide t +^ p r..};^., OF haREI"^^ of feed -._Any reference in the Code
to "garbage," "refuse," or "cuttings" shall mean "solid waste."
6.04.020 Refuse - Rec�„yclables Defined
.
................... ............. ...............................
The term " recvclable 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.
The �ter+x „ii - R ea n d r-hbish and trash s,h �
as papef,
husineso rofi ise (Ord. 4 558 § 1 4974: Ord 1403 f 1 (pai4) 1974 )
6.04.025 Commercial Solid WasteRefuse Bins Defined.
................................................. ................................. ........................ ........................... - - -- ----------------------------------
The term "commercial solid wasters bin" shall mean any container, which requires
special collection equipment, and is designed for the storage of solid wastegarbage-er
refuse generated by any business. Which ^ ^k^ 9F pFepaFes feed eF RP111,; food vihigh.
6.04.030 Gutt±nqe -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
425
other forms of organic waste generated from landscapes or gardens, which are suitable
for comoostina.
6.04.045 Public Solid WasteRefuse Container Defined.
..............................................................._________________________________....___......__________........________________......................................... ...............................
The term "public solid wasterefuse container" shall mean all solid wasteFefuse
containers with a forty-four (44) gallons or one Ito three J3 cubic yard capacity
suitable for the storage and collection of solid wasteFPA 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 wastggaFbage, '^fuse OF GLAti^^° 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, rg een
wastec-uttiags, solid wasterpfuse 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(B)(1)
Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust,
leaves, grass clippings, trimmings, ^WWRgS '°fuse ^r debris only if the rg een
waste^"', solid wasterpfuse 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 wasterefuse, garbage eF G61tti^^°, or,
being in possession and control of any solid wasterefuse, garbage GF ^61ttiRg°, shall
426
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 Garbage Solid Waste
A. All refuse, garbage, Guttingssolid waste OF ^'ables whin" are placed in the
vicinity of any curb or alley for collection purposes shall become the property of the City
e€ NewpeFt Beae4, a sanitary district,.. or -4- ^^ air a 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 "'ewpeh Q^^^" a sanitary district, or a private collector
licensed or contracted by the City of Newport Bea , shall remove from any place or
premises in the City, or transport over public streets, any
FeGyGla ; aasolid waste.
C. No person shall enter onto private property for the purpose of collecting or
inspecting refuse, garbage, ^LAfli ^..^ OF ^' ^blessolid waste, except the owner,
occupant, manager, person in control of the premises, or a person employed to do so
by the City of "'ewpO•t Beach a sanitary district, or private collector licensed or
contracted by the City of "'^•••^^F' °^^^bto 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 Yef11C8 ^F G64tin^ °solid waste generated by construction,
landscaping or gardening on the property when the refuse and o Minn^ solid waste
427
hasve not been set out for collection by the City of NewpeFt Be , a sanitary
district, or a private collector licensed or contracted by the City of niewpC)Ft ❑^^ ^ti;
2. Any person from removing garbage refuse ^• ^ "o^^ °solid waste generated
on property owned or controlled by that person;
3. The immediate removal by any person of garbage, refuse eF GL44 solid
waste which the Health Officer, Code Enforcement Supervisor, 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;
4. Any nonprofit organization from collecting recyclables in any manner which
does not conflict with this chapter or any other provision of this Code.
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 gaFbage and/er
refusesolid waste accumulates, shall ffrevide -have a sufficient number of containers to
accommodate all Fef se and!GF gafbag ^solid waste accumulated on the premises
between collection days.
B. The owner and tenant are each responsible for pFev+d+ag— 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 & Bulky Requirements.
A. Solid waste container requirements vary throughout the Citv depending upon
location and the solid waste collector servicing the area. If a container is collected by
automated equipment, the container shall not exceed the weight limit provided on the
container, including contents. If a container is collected without automated equipment
EM
the container shall not exceed fifty (50) pounds in weight, including contents. All solid
waste reset out for collection shall be plaGe' i^ ^^^+^;..^.s +".,+ satisfy one 1 or
more of the following requirements:
1. Solid waste shall be placed in a The ^^..+.,;„^. shall Ret ^ ed +";F+., five (35)
gallons OR eapa ;container provided bv, or allowed bv, the City, a sanitary district
or 4sa permitted contractor, for use in the specific area the container is provided or
used in oRe „f thFe , _
rrr_�ars�nra
7-23. If allowed by the solid waste collector servicina an area. persons may use
9sturdy, grease- resistant, waterproof nonreturnable bags which are specifically
designed for solid waste garbage— and refuse °" ^" he deemed +^ sans'„ + "^
re eRtS „f +",l; provided that each filled f4 --bag includinq
contents, ^^.,,^ii^S With the weight (fifty (50 PGWRd FR@X'MLIFn) Rd +„ Ga
r^,sis no greater than fifty (50) pounds, the opening is secured, and the
weight does not cause the bag to tear when handled,.
3. If allowed by the solid waste collector servicing an area, solid waste may be
placed within a cardboard box and other similar disposable container (collectively.
"box ") weighing fifty (50) pounds or less, including contents;
429
4. If allowed by the solid waste collector servicing an area, a business owner or
operator may use thirty -five (35) gallon containers to dispose of solid waste; or
5. Bulky item collection (e.g., an item that does not fit within an approved
container, box or bag) varies according to the agreement the City, a sanitary
district, or a private community has with a private collector licensed or contracted
by the City. The City shall post on its website or such other public location a list of
the bulky item collection rules and regulations specific to the various areas of the
City.
B. No person shall place any ^° ^f ^i^°.F Vlit . refuse solid waste on public property for
collection unless the solid waste is in at#e container, box, or bag that fully complies with
subsection (A) of this section. _No solid wasterefuse will be collected unless the solid
waste rpf- 1,;P is placed in a containers, box or bag that compliesy with subsection (A) of
this section. No person shall place any bulky item on public property for collection
unless the bulky item fully complies with subsection (A) of this section. No bulky item
will be collected unless the bulky item complies 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.
6..04.095 Commercial Solid WasteRefuse Bin Requirements.
......... ......... .........
Any business which utilizes commercial solid wasters bins for the storage of solid
waste^ °rbage er ref4se 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 wasterefuse bins shall ensure that the solid
waste^^"^^° and . °f' °° 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. Any
business utilizing commercial solid waste bins shall keep the bin storage area clean and
free of trash and debris and ensure that all oil, grease, fluid and other items are
contained with the bin storage area. The commercial solid waste bin storage area shall
430
IT Meaneo or Tomer nasneu, as neegeo, Met e area Tree OT .
stains or odo
. 0. 00 GuttanqsGreen Waste.
Tree limbs, branches, hedge cuttings, and similar green waste materials may ..
disposed of by placing them in refuse a solid waste containers, box, or baq in sUGh
with section 6.04.090. Said rnate.riRls FRay alse be plaGed OR the gFRIIRd Rt thp
. .
6.04.110 Contents of Containers.
Contents of containers shall be limited to gaFbag^ •ef se and ^ "^^ °solid waste as
a„fiRP-d OR e^^ +l....,. 6.04.010, a nn 02n ^ ^a a nn 030 ti„.„i^ except as qualified to the
extent set forth in this section:
A. r_^Food waste or animal feces must be thoroughly drained and securely
wrapped to prevent leakage, odor, and access to flies and animals;
B. Re'Rse: Feathers and ashes must be dampened and securely wrapped, and
vacuum cleaner sweepings must be securely wrapped. "'^W°^aperS and ^
(50) PeURE46 !R weight;
C. GH#iRgs- 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, Boxes, Bags or Bulky Items for
Collection. 11
A. Storage of Containers, Boxes, Bags or Bulky Items.
431
1. Containers, boxes, bags or bulky items shall be stored in a garage,
carport, trash enclosure, or in the sideyard and beyeRd ^'i^^ dFaWR paFallel tn the
alley f....., the a of the building Glesest to the alley to the adL,Ge Rt P eFt.. Ii^^
except when the containers, boxes, bags or bulky items are placed out for
collection. If located within a sidevard, the containers, boxes, bags or bulky items
shall be stored beyond a line drawn parallel to the alley from the corner of the
building closest to the alley to the adjacent property line.
2. Where solid waste is collected from an alleyway, and container storage in
a garage, carport, trash enclosure or sidevard is not reasonably practicable, as
determined by the Code Enforcement Supervisor, City Manager or their
designee, However, ,.,heFe trash is ,.u„ ^ted from an alle ^p ,^„ containers may be
stored neatly against the dwelling unit or garage provided the container storage
does not impede alleyway traffic, emergency vehicle access, or solid waste er
ftruck access..- This storage exception does not apply to boxes, bags or
bulky items.
B. Placement for Collection.
1. Containers boxes, bags or bulky items shall be placed for collection in a
location easily accessible to the solid wasterefi+se collector such as the streetside
of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb
line. Containers boxes, bags or bulky items skull-- netmay be placed in the gutter or
street.- in a manner that does not impede traffic.
2. If solid wasterefuse is collected from an alley abutting the premises,
containers, boxes, bags or bulky items 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, boxes, bags or bulky items shall be placed adjacent to the yellow line
on the private property side. In no event shall containers boxes, bags or bulky
items be placed more than eight Meet onto private property as measured from
the alley property line or placed in a manner which could obstruct vehicular travel
through the alley.
432
3. Unless an exception applies, Gcontainers, boxes, bags or bulky items shall not
be considered placed for collection and solid wastegaFbag^ refuse and GYRi^^°
will not be collected unless the containers, boxes, bags or bulky items are removed
from any enclosure, structure, cabinet, cart or shelf.
4. Containers, boxes, bags or bulky items 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 boxes, or bags 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, boxes,
bags or bulky items; 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 representatives 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 wastegiFbage, Fefuse and G61tt'RgS, including the
determination of standards and specifications for approved containers, boxes or bags
and the placement of containers, boxes or bags. 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
433
efficient collection, removal and disposal of solid wasteg^~~^^^, FGf se Eggyg' ^~'^^ and
GUM RgS.
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 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°e 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 wasteFefuse containers to receive
and hold solid waStgFefUse and gaFbage 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 WasteRp -fuse 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 wasterefase generated by the business into any public solid wasterefuse
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 WasteRpf---qp 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
wastere4 se, into any public solid wasteref, ise container located on Balboa Island.
434
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 wasteFefuse and gaFba ^ therein by the general public.
6.04.210...Prohibitod Disposal ........................................................................................................................................................................... ...............................
A. On Another's Property: No person shall throw, deposit or leave any solid
waster ^fuse ^^•b^^^ OF ^„++;^^S or who being in possession and control of any solid
was.g.Fefuse, gaFbage eF 861ttiAgG, permit ittherrr_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 wasterefase, ^bage -&r
edge on such real property, nor shall he or she fail, neglect or refuse to wholly
remove solid wastethem from such real property, within three days after receipt of
written notice by the Code Enforcement Supervisor, Municipal Operations Director or
their desionee 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 wasteFefuse gaFba^^ OF ^„ + +,^^S upon the property or premises of
another.
6.04.220 Persons Required to Clean Sidewalks.
...................
The occupant,4)f tenant, ^r ^ the ,tigo^^^ .,f , aRt OF fo^on+ 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
wasters container by the person responsible for the cleanliness of said sidewalk.
435
6.04.230 Burling of Solid Waste Prohibited.
With the exception of green waste. Nno person shall dispose of, or attempt to dispose of
any solid waste•efuse OF gaFbag^ by burying it in or underneath the surface of the earth.
436