HomeMy WebLinkAboutORD02(1990)ORDINANCE NO. 2 (1990)
AN ORDINANCE OF THE CITY'COUNCIL OF THE'
CITY OF DIAMOND BAR REPEALING, IN ITS
ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
ADOPTING REQUIREMENTS AND STANDARDS RELATING
TO GARBAGE AND REFUSE COLLECTION.
The City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION -1: Chapter 20.72 of Title 20 of the Los Angeles
County Code as heretofore adopted by this City Council is hereby
repealed, in its entirety, provided that said repeal shall not
apply to or excuse any violation thereof occurring prior to the
effective date of this Ordinance.
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SECTION a: The following provisions are hereby adopted as
the Garbage and Refuse Collection Ordinance of the City of
Diamond Bar to read, in words and figures, as follows:
"Garbage and Refuse Collection
"Section 1 Legislative Policy.
Section 2 Definitions.
Section 3 Authority of City Council to
Issue Permits for Disposal and
Collection.
Section 4 Permits for Refuse Collection
and Establishment of Collection
Fees.
Section 5 Unlawful Collection.
Section 6 Permittee to have Exclusive
Rights --Exception.
Section 7 Collection in Emergencies.
Section 8 Hours of Collection.
Section 9 Refuse Collection --Spillage.
Section 10 Refuse Receptacles.
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Section
11
Replacement of Receptacles for
Collection.
Section
12
Time and Date of Placement of
Receptacles.
Section
13
Refuse Removal.
Section
14
Refuse Disposal.
Section
15
Special Provisions Regarding
Method of Disposal.
Section
16
Burning, Burial or Dumping.
Section
17
Duration of Storage.
Section
18
Use of Trucks.
Section
19
No Parking of Refuse Trucks on
any City Street.
Section
20
Trucks --Equipment Required.
Section
21
Specifications and Restrictions
on Collection Trucks.
Section
22
Truck Inspection.
Section
23
Permittee's Local Telephone
Number.
Section
24
Permittee's Employees.
Section
25
Permit for Removal of Refuse --
Prerequisites.
Section
26
Permit Provisions.
Section
27
Charges for Service.
Section
28
Right of Provision Modification.
Section
29
Right to Grant Franchise.
Section
30
Penalty for Violation of Chapter.
Section
31
Civil Remedies Available.
Section
32
Severability.
"Section 1. Legislative Policy. The City Council
finds and determines that storage, accumulation,
collection and disposal of refuse, trash, rubbish, solid
waste, debris and other discarded material is a matter
of great public concern, in that improper control of
such matters creates a public nuisance, which may lead
to air pollution, fire hazards, illegal dumping, insect
breeding and rat infestation and other problems
affecting the health, welfare and safety of the
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residents of Diamond Bar and surrounding cities. The
City Council further declares that regulations provided
in this Ordinance are designed to eliminate or alleviate
such problems.
"Section 2,. Definitions. For the purpose of this
Ordinance, the following words and phrases are defined and
shall be construed as hereinafter set out, unless it is
apparent from the context that a different meaning was
intended:
"A. 'Animal Waste' means manure, fertilizer, or any
form of solid excrement produced by any and all forms of
domestic animals or commercial livestock.
"B. 'City' means the City of Diamond Bar.
"C. 'City Clerk' means the City Clerk of the City of
Diamond Bar.
"D. 'City Manager' means the City Manager of the City
of Diamond Bar or his designee.
"E. 'Council' means the City Council of the City of
Diamond Bar.
"F. 'Commercial Premises' means buildings, structures
and areas used principally for business, commercial or
industrial purposes, and including the following: hotels,
motels, apartment buildings containing more than four
apartments, condominium buildings containing more than
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four condominiums, and including all other places that
are not defined as residential units in this section.
"G. 'Composting' means the product resulting from
controlled biological decomposition of organic wastes
that are source separated from the solid waste stream.
"H. 'Composting Center, Station or Facility' means
facilities whose principal function is to receive and to
process green waste through composting.
"I. 'Green Wastes' means vegetative cuttings,
shrubs, stumps, brush, tree trimmings, grasses and
related materials which have been separated from other
solid waste. Green waste does not include stumps with
diameters exceeding 10 inches.
"J. 'Occupant' means and includes every owner of,
and every tenant or person who is in possession of, is
the inhabitant of, or has the care and control of, an
inhabited residence.
"K. 'Permit' means written authority granted by
the City to any person to collect garbage, rubbish and
trash as evidenced by contract, franchise, certificate
or other writing.
"L. 'Permittee' means any refuse collector
authorized by the City Council to collect refuse within
the City pursuant to this Ordinance.
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"M. 'Person' means any individual, firm,
corporation, association, or group or combination acting
as a unit.
'N. 'Recyclable Materials' means aluminum and
metal cans, newspapers, paper, glass bottles or jars,
plastics and green wastes.
"O. 'Recycling' means the process of collecting,
sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of
raw materials for new, reused, or reconstituted products
which meet the quality standards necessary to be used in
the marketplace. Recycling does not include
transformation as defined as the incineration,
pyrolysis, distillation, gasification, or biological
conversion other than composting.
"P. 'Recycling Center, Station or Facility' means
facilities whose principal function is to receive,
store, convert, separate, or transfer recyclable
materials for processing.
"Q. 'Refuse' meahs and includes any and all types
of rubbish, trash, garbage or other waste material
referred to in this Ordinance.
"R. 'Refuse Collector' means any person or
persons, firm, copartnership, joint venture, association
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or corporation engaged in the collection, transportation
and/or disposal of solid waste and/or rubbish in the
City.
"S. 'Residential Unit' means each place used for
residential purposes, including the following but not
restricted to: Single-family dwellings, multifamily
dwellings, apartments and/or condominiums containing
four units or less, townhouses, mobile home parks, and
trailer courts, whether or not utilizing dumpster-type
bins, but not including hospitals, convalescent homes,
hotels and motels.
'T. 'Rubbish' means and includes, but is not
restricted to, all nonbiodegradable waste, or debris
such as paper, cardboard, grass, tree or shrub
trimmings, rugs, straw, clothing, wood or wood products,
crockery, glass, rubber, metal, plastic, construction
waste and debris and other similar materials.
"U. 'Rubbish Disposal Operator' is synonymous with
refuse collector.
"V. 'Salvage' means and includes rubbish, from
which articles or material of value may be extracted,
segregated, removed or developed.
"W. 'Solid waste' means and includes all
putrescible and nonputrescible solid and semisolid
wastes, such as refuse, rubbish, paper, ashes but does
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not include hazardous waste as defined in California
Government Code Section 66714.8 or California Health and
Safety Code Section 25517, or any amendment thereto or
successor provisions thereof.
"X. 'Streets' means the public streets, ways and
alleys, except state freeways, as the same now or may
hereafter exist within the City.
"Y. 'Trash' means and includes, but is not
restricted to, every accumulation of animal, vegetable
or other material:
11(1) Resulting from the preparation and
consumption of edible foodstuffs; or
11(2) Resulting from decay, dealing in or
storage of meats, fish, fowl, fruits or vegetables,
including the cans, containers or wrappers wasted along
with such materials; or
11(3) Such industrial, domestic and organic
refuse or residue of animals sold for meat; or
11(4) Fruit, vegetable and animal matter from
kitchens, dining rooms, markets, food establishments or
any other place using,,dealing in or handling meats,
fish, fowl, fruits, vegetables or grains; or
"(5) Offal, animal waste, or the carcasses of
animals, fish or fowl; or
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11(6) Nonrecyclable glass, paper or metal
products.
"Z. 'Truck' means any truck, trailer, semitrailer,
conveyance or vehicle used or intended to be used for
the purpose of collecting refuse or to haul or transport
refuse.
'Section 2-- Authority of City Council to Issue
Permits for Disposal and Collection. Pursuant to
Section 66757 of the California Government Code, as
amended from time to time, or any successor provision or
provisions thereto, the Council shall have the authority
to issue exclusive permits for the collection and
disposal of refuse, trash, rubbish and other forms of
solid waste, as provided for in this Ordinance, and may,
as a condition for issuing such permits, require a bond.
from the permittee in an amount determined by the City
Council to insure the faithful performance of such
collection and disposal service in accordance with this
Ordinance and the terms and conditions imposed by the
Council. In the event that any permittee shall fail or
refuse to conform to the conditions of the permit or
this Ordinance, the Council, at its option and after a
hearing called upon at least ten days' written notice to
the permittee, may revoke such permit. In issuing
permits for refuse and rubbish collection and disposal,
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the Council shall not be required to issue the same
based upon the,offer of lowest rates, but shall be free
to issue such permits to the person deemed best suited
to comply with the terms of this ordinance and such
other terms and conditions imposed by the Council.
"Section A. Permits for Refuse Collection and
Establishment of Collection Fees. The Council
determines that the disposal and/or collection of
refuse, trash, rubbish or other solid waste is a service
to be performed in the City in accordance with the
provisions of this Ordinance. The City may from time to
time issue permits to those parties meeting the criteria
of this Ordinance and such other standards as may be
established by resolution of the City Council regarding
the collection of refuse, rubbish and other forms of
solid waste from residential and commercial units. So
long as any such permit remains in force, collection of
material provided for herein may be made only in
accordance with the terms and conditions thereof. Fees
and charges for such collection, removal and disposal
services shall be those which the Council may from time
to time hereafter approve by resolution. No person
shall engage in the business of collecting, removing or
disposing of any refuse, trash, rubbish, green wastes,
recyclable materials or other solid waste including
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hazardous wastes or infectious medical waste, within the
City from any residential unit or commercial premises,
nor transport the same over any public streets or
rights-of-way, unless a permit to do so has first been
obtained from the Council and such person complies with
the provisions of this Ordinance and any other
regulations which have been adopted pursuant to this
Ordinance.
"Section I. Unlawful Collection. No person shall
collect or transport refuse within the City unless such
person is a permittee, as defined in this Ordinance, or
is exempt in accordance with subsections A through E of
this Section. No person shall permit, allow or enter
into any agreement whatsoever for the collection or
transportation of refuse from any residential unit or
commercial premises with any person who is not a
permittee as herein defined except as permitted in
subsections A through E of this Section.
"A. The collection and removal of grass
clippings and shrubbery by individual residents and by
individuals doing busihess as professional landscapers,
when the collection is directly related to their work,
shall be exempt from the refuse permit system.
"B. A permittee shall not be required to
collect hazardous or dangerous materials as part of its
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regular collection activity. Liquid and dry caustics,
acids, biohazardous, flammable, explosive materials,
insecticides, and similar substances shall not be
deposited in collection containers. Any person
collecting such substances shall, in addition to any
requirements of State law, obtain a permit therefor
pursuant to the provisions of this Ordinance.
"C. Infectious medical waste (as defined in
California Health and Safety Code Section 25117.5, as
amended from time to time, or any successor provision or
provisions thereto) shall not be collected by a
permittee as part of its regular collection activity.
Anyone producing such wastes shall store, handle and
dispose of such materials only in the manner approved by
the county health officer or designated deputy, and in
accordance with the California Health and Safety Code.
Disposal of infectious medical waste shall be conducted
pursuant to a permit issued under this Ordinance in
addition to any requirements imposed by State law.
"D. The collection and removal of recyclable
material and/or green wastes shall not be exempt from
the refuse permit system; however, such activities may
be the subject of a separate permit at the discretion of
the Council.
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"E. The removal and disposal of refuse from a
residential unit by the occupant or owner thereof shall
be exempt from the refuse permit system, subject to the
provisions of Section 13 of this Ordinance.
"Section Permittee � have Exclusive Rights—
Exception. Excepting existing rights that the City
reserves to itself, or as otherwise provided in this
Ordinance, persons to whom the City may issue a permit
and the agents, servants and employees of any such
person, while the permit is in effect, shall have the
exclusive right to gather,, collect and remove garbage,
rubbish, waste material, green wastes and/or recyclable
materials from premises within the City subject to such
terms and conditions as the Council may apply to the
issuance of such permit.
"Any refuse collector operating within the City,
pursuant to any statutory exemption and not otherwise a
permittee shall, within ninety (90) days of the
effective date of this Ordinance, submit to the City
Manager a plan for the provision of recycling services
for such refuse collector accounts. Such plan shall be
prepared in accordance with all requirements established
by the City for ensuring maximum compliance with
applicable state laws relating to recycling of solid
waste. Upon approval of such recycling plan by the City
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Manager, the refuse collector shall implement said plan,
within thirty (30) days thereafter or such longer time
as approved by the City Manager. All refuse collectors,
whether permittees or otherwise, shall prepare monthly
service collection reports. The report shall include
information on the total number of residences served by
regular refuse collection, total tonnage of collections,
number of residences participating in the recycling
program, tonnage of total recyclables, tonnage of each
individual recyclable collected, total operation costs,
and revenues derived from the sale of recyclables, and
any other pertinent information as required by the City.
"All such reports are to be submitted on a
quarterly basis. Unless otherwise notified, all reports
shall be mailed or hand delivered to the City Manager,
City of Diamond Bar, 21660 E. Copley Drive, Suite 100,
Diamond Bar, California 91765.
"Section Z. Collection in Emergencies. In
emergencies, such as the breakdown of equipment, or
other unforeseen or unpreventable circumstances, where
in the judgment of the,City Manager the particular
situation justifies such action, the City Manager may
issue limited or temporary permits to private persons or
corporations to perform any of the services regulated by
this Ordinance, subject to such reasonable fees, charges
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and conditions as the circumstances may warrant and as
the parties involved may agree upon; provided that such
fees and charges received from or paid to any private
persons or corporations under this section for any
period exceeding fifteen days' duration shall be
approved by the Council.
"Section $. Hours Qf Collection. All collections
from residential areas and areas immediately adjacent to
residential areas shall be made between the hours of
6:00 a.m. and 6:00 p.m., collections from commercial and
industrial locations may start at 6:00 a.m. provided,
however, that the peace and quiet of residential
neighborhoods is not disrupted. The City Manager may
require a permittee to change hours of operation in
commercial and industrial areas if disruption of
residential neighborhoods occurs. Collection shall
occur on week days only; provided, however, that
Saturdays may be utilized for commercial and industrial
collections if permitted by the City Manager and for
"make-up" work due to holidays.
"Section . Refute Collection --Spillage.
Permittees shall exercise all reasonable care and
diligence in collecting refuse so as to prevent
spilling, scattering or dropping of refuse, and shall
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immediately, at the time of occurrence, clean up any
such spillage.
"Section I&. Refuse Receptacles.
"A. It shall be the duty of every tenant,
lessee or occupant of any residence or commercial unit,
the keeper of every apartment house and of every other
person having refuse, to provide without expense to the
City and at all times, except on collection day, to keep
within the building in which any of the same may be
situated, sufficient plastic or paper bags specifically
designed for the containment of refuse, or watertight
metal or plastic receptacles, except as hereinafter
provided, which shall have suitable bales or handles and
a tight -fitting cover which shall prevent leakage or
escape of odors, and which when filled within four
inches of the top shall contain all refuse which would
ordinarily accumulate on such premises between
collections. The exterior of such receptacles,
including covers, shall be kept clean from accumulated
grease or decomposing materials. Except when placed in
accordance with Section 11 hereof for collection
purposes, refuse receptacles shall be kept and
maintained only in storage locations permitted by the
Diamond Bar Zoning Ordinance, as the same presently
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exists or as may be amended from time to time, or as
specified by use permit or other entitlement for use.
"B. Grass clippings, leaves and other yard work
debris, other than branches or tree limbs, may be either
deposited in metal or plastic receptacles, or specially
designed bags, as above mentioned, or cardboard boxes.
If cardboard boxes are used, the cardboard boxes, along
with the contents, shall be considered refuse set out
for collection and both the cardboard boxes and contents
shall be collected.
"C. Branches, tree limbs or other similar debris
shall be tied with sturdy twine, rope or wire, in
bundles not exceeding four feet in length nor eighteen
inches in diameter to a maximum of 50 pounds.
"D. Newspapers and magazines may be either
deposited in metal or plastic receptacles, as above
mentioned, or tied with sturdy twine, rope or wire, in
bundles not exceeding fifty pounds in weight.
"E. Extra or unwanted cardboard boxes shall be
flattened and tied in bundles not exceeding four feet in
length nor fifty pounds in weight.
"F. Any receptacle designed to be emptied by hand
shall have a capacity of not less than fifteen gallons
nor more than forty-five gallons, and which shall not
exceed fifty pounds in weight when loaded, adequate to
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contain the amount of garbage and combustible rubbish
normally accumulating during the interval between
collections thereof. Each such receptacle employed
solely for the accumulation of commercial garbage shall
have a capacity not in excess of thirty-five gallons.
Each such receptacle shall be of durable metal or
plastic construction, water tight, the top diameter of
the container opening in no case shall be less than the
diameter of the container below the top and which
receptacle shall be equipped with handles and a tight-
fitting metal or plastic cover. The use of oil drums of
fifty gallon capacity or more is specifically
prohibited. Cardboard containers shall be removed as
refuse.
"G. Notwithstanding any other provision of this
Section 10 pertaining to types of refuse receptacles or
other permissible method of containment of items of
refuse to be disposed of, in the event the City of
Diamond Bar institutes a recycling program, green wastes
program or an automated refuse program, then all persons
shall deposit all refuse in refuse receptacles provided
for said purpose by City or the Permittee. Refuse
placed for collection, and not in special containers or
receptacles as provided by City or the Permittee, shall
not be collected.
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"Section 11. Placement g1 Receptacles for
Collection. It shall be the duty of every person having
charge and control of any residential unit or commercial
premises to set out or place containers for the
collection of refuse, rubbish, miscellaneous debris and
combined rubbish and/or other solid waste, as follows:
"Any container or receptacle for the purpose of
reception and removal of refuse shall be placed at the
curb in front of the dwelling, or the alley in the rear
of each dwelling; except where alleys, having access to
streets at each end, exist in the rear of commercial
premises, and from such premises collections shall be
made from such alleys, provided that the permittee may
designate some other location for the placement of
containers and receptacles when such placement will
expedite collection, and approved by the City Manager.
"Section 12. Time And Date of Placement 9_1
Receptacles.
"A. No person shall place, or cause to be
placed, any refuse or container or receptacle for
refuse, on any public highway or in any place or in any
manner other than hereinabove provided, or at any time
other than the days established by the City for the
collection of such refuse on the particular route
involved, earlier than sunset of the day preceding the
is
day designated for collection, and all containers and
receptacles shall be removed from the place of
collection prior to 10:00 p.m.' of the day the containers
and receptacles have been emptied.
"B. Each owner, occupant, tenant or lessee of
a residential or commercial unit shall maintain the same
in a sanitary condition. If the containers or
receptacles should not be emptied and the contents
removed on the date and time scheduled by the permittee,
they should immediately notify the permittee or the
City, and it shall be the duty of the permittee to
forthwith arrange for the collection and disposal of the
refuse.
"C. Refuse, trash, rubbish, salvage and other
-" solid waste which exceeds the limitations hereinabove
set out may, in the discretion of the permittee, be
scheduled for special collection upon the application of
the owner or occupant of the premises. Special
collection charges may be assessed by the permittee for
this service with prior approval of above-mentioned
occupant of the premises and subject to any requirements
set forth in the permit.
"D. No person, other than the owner thereof,
the owner's agents or employees or an officer or
employee of the City or a permittee's agents or
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employees authorized for such purposes, shall tamper or
meddle with any refuse container or the contents
thereof, or remove the contents of any container, or
remove any container from the location where the same
shall have been placed by the owner thereof or owner's
agent.
"Section 1. Refuse Removal. Pursuant to
California Administrative Code Title 14, Chapter
17.331H, all refuse created, produced or accumulated in
or about a residential unit or commercial premises in
the City shall be removed at least once each week. No
person who is the occupant of any of the above-described
premises shall fail or neglect to provide for the
removal of refuse at least as often as prescribed in
this Section.
"Section IA. Refuse Disposal. The permittee shall
dispose of collected wastes, at permittee's expense, at
a City -directed landfill, transfer station or other site
in a manner satisfactory to the City and in accordance
with all state and local laws and regulations.
"Section 11. SR6cial provisions Regarding Method
2f Disposal.
"A. The removal of wearing apparel, bedding
or other refuse from residential units or other places
where highly infectious or contagious diseases have been
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present shall be performed under the supervision and
direction of the County Health Officer and such refuse
shall neither be placed in containers or receptacles nor
left for regular collection and disposal.
"B. Highly flammable or explosive or
radioactive refuse shall not be placed in containers or
receptacles for regular collection and disposal, but
shall be removed under the supervision of the City at
the expense of the owner or possessor of the material.
"C. Refuse or other solid waste containing
water or other liquids shall be drained before being
placed in a container or receptacle. Matter which is
subject to decomposition shall be wrapped in paper or
other material before being placed in a container or
receptacle.
"D. No battery acid, poisonous, caustic or
toxic material or any other substance capable of
damaging clothing or causing injury to the person shall
be mixed or placed with any rubbish, solid waste or
other refuse which is to be collected, removed or
disposed of by a permittee. Such items shall be removed
at the occupant's expense only after arrangements have
been made with the permittee or City for such removal.
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"E. Animal waste, as defined in this
Ordinance, shall not be placed in containers or
receptacles for regular collection and disposal, but
shall be removed at the occupant's expense.
"F. Upon institution of recycling programs
for recyclable materials or green wastes, or both, such
materials shall be disposed of through specific
recycling or composting processes, as the case may be,
as approved by the City Council.
"Section J,. Burning, Burial or Dumping. No
person shall burn, bury or dump refuse within the City
at any time, unless a special permit for such burning,
burial or dumping has been issued pursuant to authority
conferred by the Council, and/or the Fire Department.
"Section 17. Duration of storage. Pursuant to
California Administrative Code Title 14, Chapter 3,
Section 17.331H, no person shall store or accumulate any
refuse, rubbish or miscellaneous debris in any container
or at any location other than as hereinabove set forth,
or for any length of time other than as follows:
"A. Refuse.' Refuse shall not be accumulated
or stored for a period of time in excess of:
11(1) Residential units: One week (seven
days);
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11(2) Commercial premises: One week
(seven days);
"B. Rubbish, other than refuse, shall not be
stored or accumulated for a period of time in excess of
one week (seven days);
"C. The above periods of time which end in
any week in which a holiday occurs are extended one
additional day.
"Section 18. Use of Trucks. Any persons who
desire to operate privately owned refuse, trash or
rubbish vehicles under provisions of this Ordinance
shall utilize vehicles which are reasonably watertight
and are provided with a tight cover to the reasonable
satisfaction of the City Manager. The City Manager
shall require the permittee to remove from service or
repair those vehicles that allow or permit offensive
odors to escape and/or refuse to be blown, dropped or
spilled therefrom.
"Section 12. HQ Parking of Refuse Trucks 2n any
sjsx street.
"A. No person, between the hours of 6:00 p.m.
and 6:00 a.m., shall leave a refuse truck parked on any
city street.
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"B. No person, between the hours of 6:00 a.m.
and 6:00 p.m.,.shall leave a refuse truck parked on any
city street for more than one hour unless the City
Manager is notified that a breakdown or emergency
exists.
"Section 20. Trucks--EauiRment Required. Each
truck of a permittee shall at all times have in the cab
the registration of the truck, a certificate of
insurance, and an identification card with the name of
whom to telephone in case of an accident or emergency.
Each truck shall also be equipped with a five -pound fire
extinguisher certified by the California State Fire
Marshal and recharged as needed, but not less than once
annually.
"Section U. Specifications and Restrictions on
Collection Trucks. All trucks used for refuse, rubbish
and/or solid waste collection within the City shall be
required:
"A. To be completely enclosed with a
nonabsorbent cover while transporting refuse, trash or
rubbish in or through the City. 'Completely enclosed
with a nonabsorbent cover' means that refuse, trash or
rubbish shall not be visible from the street, nor shall
any of the substances be permitted to leak, spill or
become deposited along the public streets;
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"B. All trucks used in the course of refuse
or rubbish collection shall be painted colors approved
by the City Manager and identified by truck numerals, a
company logo, and local telephone number. Those trucks
shall be kept clean and in good repair at all times.
"C. All trucks shall be maintained in good
and safe mechanical condition.
"Section _?. Truck Inspection.
"A. Each of any permittee's trucks shall be
made available for inspection at the discretion of the
City Manager at any point of operation.
"B. A decal may be issued by the City for
each truck complying with provisions of this Ordinance
which shall be placed on the truck in a conspicuous
place.
"Section 22. Permitteela LocalTelephone Number.
Each permittee must maintain a local telephone number
which shall be staffed for personal contact between 8:00
a.m. and 5:00 p.m. on normal working days, and at all
other times with some type of mechanism for the purpose
of taking messages.
"Section 2A• Permittee' -a Employees. Each
permittee must provide high-quality service by industry
standards and supply competent, qualified, identifiable
and uniformed personnel who serve the residents of
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Diamond Bar in a courteous, helpful and impartial
manner.
"A. The City may, at its option, require
fingerprinting of the permittee's employees whose
service will cause them to enter onto or work in close
proximity to private property.
"B. The permittee shall be required to hire
employees without regard to race, religion, color,
national origin, sex, political affiliation, or any
other nonmerit factor.
"C. Any employee driving permittee's refuse
trucks shall at all times have in his or her possession
a valid and appropriate vehicle operator's license
issued by the State of California.
"D. The permittee's employees shall be
required to wear clean, identifiable uniforms when
engaged in refuse collection service within the City.
Wt-
"A. Procedure and Required Information. A
permittee must file a letter with the City Manager or
designee containing the following information:
permittee;
11(1) Name and description of the
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11(2) Permanent business address and
address of local office of the permittee;
"(3) Trade and firm name;
11(4) If a joint venture or a partnership
or limited partnership, the names of all partners of the
firm, and the names of the officers and their percentage
or participation interest and their permanent addresses;
11(5) Facts indicating that the permittee
has arranged for refuse disposal in an area where the
same may be legally accepted and disposed of as directed
by the City;
"(6) Desired refuse collection area to
be served;
11(7) Facts indicating that permittee is
qualified to render efficient refuse collection service;
11(8) Facts indicating that trucks and
equipment conform to all applicable provisions of this
Ordinance;
11(9) Satisfactory evidence that
permittee has been in existence as a going concern for
in excess of five years and possesses not less than five
years' actual operating experience as a going concern in
residential and/or commercial refuse collection and
disposal;
27
"(10) Satisfactory evidence that
permittee's experience as a going concern in residential
and/or commercial refuse collection and disposal derives
from operations of comparable size to that contemplated
by the permittee; details shall include length of other
contracts, name and size of municipality, nature of
service provided, and the name of the contact person at
the municipality being served;
"(11) Evidence that permittee is in good
standing in the State of California and in the case of a
corporation organized under the laws of any other state,
evidence that permittee is licensed to do business in
the State of California;
"(12) A detailed inventory of the
permittee's equipment available for use in refuse
collection area;
"(13) A written statement that permittee
has complied with or is capable of complying with all
regulations imposed by the County of Los Angeles and the
State of California for the collection and disposal of
solid wastes.
"(14) Facts indicating that the
applicant owns or has under his control, in good
mechanical condition, sufficient equipment to conduct
the business of refuse collection adequately if granted
28
a permit, and that applicant owns or has access to
suitable facilities for maintaining his equipment in a
clean and sanitary condition.
"(15) Satisfactory evidence that the
issuance of a permit is in the public interest and
convenience in that there is an available market for
refuse collection which can be legally served by the
applicant.
11(16) Such other pertinent facts or
information as the City may require, including evidence
of State certification, if applicable.
"(17) Any of the above provisions in
conflict with certification requirements imposed by
State law shall not be required.
"B. Fees and Requirements for Permit.
11(1) Upon consideration of the
information contained in the above-mentioned letter and
following a public hearing conducted by the City Council
upon at least ten days' prior written notice to the
applicant, the City Council may issue a permit.
11(2) Each permit granted shall apply to
refuse collection for an area of the City specified
therein or, in the case of hazardous waste, infectious
medical waste, recycling or green waste operations,
specified premises or areas, and may be exclusive.
29
11(3) A fee for processing permit
applications may be set by resolution of the City
Council.
"C. Bonding of Permittee. Before granting a
permit under the provisions of this Ordinance, the
Council shall require the permittee as a condition to
the permit, to post with the City Clerk a cash bond or
surety bond in an amount determined by the Council and
furnished by a corporate surety authorized to do
business in the State of California, payable to the City
of Diamond Bar. The bond shall be conditioned upon the
full and faithful performance by the permittee of
obligations under the applicable provisions of this
Ordinance and shall be kept in full force and effect by
the permittee throughout the life of the permit and all
renewals thereof.
"D. Indemnification by Permittee. As a
condition of the City issuing a permit, permittee shall
agree to appear and defend all actions against the City
arising out of the exercise of such permit, and shall
indemnify and save the'City, its officers, elected
officials, employees and agents free and harmless from
all claims, demands, actions or causes of actions of
every kind and description, and shall pay any and all
related attorneys' fees and court costs resulting
�7
directly or indirectly, arising out of, or in any way
connected with the exercise of the permit, including,
but not by way of limitation, any act or omission of any
officer, employee or agent of permittee.
"E. Liability Insurance. The permittee shall
obtain and keep in force during the term of the permit,
public liability and bodily injury insurance in amounts
determined by the City Council, and workers compensation
insurance covering all employees of the permittee.
Copies of such policies, or certificates evidencing such
policies, shall be filed with the City Clerk prior to
the commencement of activities authorized by the permit.
The City and its officers, elected officials, employees
and agents shall be named as additional insureds on all
such policies. All such policies shall contain at a
minimum a provision requiring a thirty -day notice to be
given to the City prior to cancellation, modification or
reduction of limits. The amounts of public liability
insurance for bodily injury and property damage shall be
subject to review and adjustment by the Council.
"F. Compliance with Local and California Laws
and Regulations. The permittee must agree to perform
the terms of the permit in such a manner so as to comply
with all applicable local and state laws and regulations
pertaining to the collection, storage and transportation
31
of solid waste. The permittee shall also comply with
all other ordinances and regulations of the City and
applicable laws and regulations of the County of Los
Angeles and State of California, and shall obtain and
keep in force all required permits and business licenses
throughout the life of the permit and all renewals
thereof.
"Section 26. Permit Provisions.
"A. Fees. Any permit issued pursuant to this
ordinance shall provide for the payment of permit fees
to the City, shall contain additional provisions agreed
to by and between the City and permittee, and shall
constitute a written agreement of said parties.
"B. Assignment or Transfer of Permit. No
assignment or transfer of a permit pursuant to this
Ordinance or any right accruing under such permit shall
be made in whole or in part by the permittee without the
express consent of the Council. In the event any
assignment or transfer is authorized by the Council, the
assignee shall assume the liability and all other
obligations of the permittee. Each permittee shall
file, on or before July 1 of each calendar year, with
the City Clerk, a statement of ownership and shall
verify the same as being true and correct under penalty
of perjury under the laws of the State of California.
32
"C. Revocation. A permit may be revoked at
the option of the Council in the event there is a change
of ownership of any kind or nature of the operating
company, unless approval therefor has been obtained in
writing from the Council. If it is determined by the
City Manager that permittee has not complied with the
provisions of this Ordinance, the permit, and all other
applicable statutes, ordinances, rules and regulations,
the City Manager shall notify the permittee in writing
of noncompliance and shall order compliance within
thirty days.
"If noncompliance is not corrected within the
above -prescribed thirty -day period, the Council,
following a public hearing upon at least ten days'
written notice to the permittee, may terminate the
permit.
"Section 27. Charges = Service.
"A. Collection Charge. A charge for the
collection of refuse shall be imposed on the owner or
occupant of each residential unit or commercial premises
to which refuse collection service is made available.
The amount of such charges shall be fixed and changed
from time to time and shall be collected at such time
and in such manner as prescribed by resolution of the
City Council. The charge so fixed shall be a civil debt
33
due and owing to the City or permittee from the owner or
occupant of the residential unit or commercial premises
to which the collection service is made available. The
City Council hereby specifically finds and determines
that the periodic collection of refuse and rubbish from
all residential units and commercial premises benefits
all occupants and residents of the City, provides for
the health, safety and welfare of all persons in the
City and, therefore, all such occupants or owners are
liable for the payment of collection service provided
for hereunder, whether or not any such owner or occupant
avails himself or herself of such collection service.
"B. Rate Adjustments. All revisions in
charges levied must be submitted to the City Council for
review and action and must be approved by resolution of
the City Council following a public hearing upon at
least ten days' written notice to the permittee.
City specifically retains the right to repeal, amend,
add to, or modify each and every provision of this
Ordinance.
34
"Section 29. Right to Grant Franchise. The City,
subject to all applicable state laws, specifically
retains the right to grant a franchise or franchises for
the collection of garbage or refuse from any residential
unit or commercial premises.
"Section .3-0. Penalty 9-Qr Violation of Ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision or to fail to
comply with any of the requirements of this Ordinance.
Any person, firm, partnership, or corporation violating
any provision of this Ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding one thousand dollars,
or by imprisonment not exceeding six months, or by both
such fine and imprisonment. Each such person, firm,
partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion
thereof during which any violation of any of the
provisions of this Ordinance is committed, continued or
permitted by such person, firm, partnership or
corporation, and shall be deemed punishable therefor as
provided in this Ordinance.
35
"Section 21. Civil Remedies Available. The
violation of any of the provisions of this Ordinance
shall constitute a nuisance and may be abated by the
City through civil process by means of restraining
order, preliminary or permanent injunction or in any
other manner provided by law for the abatement of such
nuisances.
"Section U. Severability. The City Council
declares that, should any provision, section, paragraph,
sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Ordinance shall
remain in full force and effect."
SECTION 1s The City Clerk shall certify to the passage of
this Ordinance and shall cause this Ordinance to be posted in
three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by
Resolution No. 89-6.
ADOPTED AND APPROVED THIS 6+h DAY OF March , 1990.
I
Mayor
36
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Diamond Bar held on the _2Dth day of Feb,.ugry , 1990, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the fth_ day of March
1990, by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Horcher, Miller and
Mayor Pro Tem Werner
NOES: COUNCIL MEMBERS: Mayor Papen
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
C C1:Fsr1c,=of th
City of -�D mon& -Bar
L11012%DBUTUSEM 5.5 (Disc) 37