ORD-17-81 REGULATES TRASH BINS AND DUMP OFF BOXESORDINANCE NO. 17-
81 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 8.28.
010 AND 8.28.070 OF THE ORANGE MUNICIPAL
CODE TO REGULATE THE COLLECTION OF REFUSE
IN THE CITY OF ORANGE AND ADDING
SECTIONS 8.29.010 THROUGH 8.29.180 TO THE
ORANGE MUNICIPAL CODE TO REGULATE TRASH BINS
AND DUMP OFF
BOXES.WHEREAS, pursuant to California Health and Safety
Code Section 4250, the City Council of the City of Orange may
contract for the collection or disposal, or both, of garbage, waste,
refuse,rubbish, offal, trimmings or other refuse matter under such
terms and conditions as may be prescribed by the City Council of
the City of Orange by resolution or ordinance;
and WHEREAS, Section 4270 of the Health and Safety Code
defines II solid waste; II
and WHEREAS, the City Council of the City of Orange desires
to be consistent with State law and to utilize the definitions
set forth in the California Health and Safety Code;
and WHEREAS, the City Council of the City of Orange finds
that trash drop off boxes, very large trash containers that weigh
tons and that can hold tons of trash, may be a health and safety
hazard because of their large size when attempting to move them for
trash disposal purposes;
and WHEREAS, the City Council of the City of Orange finds
that trash drop off boxes and bins may be a health and safety
hazard because of the large amount of trash that can be collected in
them and which may attract rats and insects and provide a large
breed-ing ground for germs and bacteria;
and WHEREAS, the City Council of the City of Orange finds
that trash drop off boxes may be a health and safety hazard
because indigent people have been known to sleep in such containers and
to be injured when the boxes were picked up:
and .WHEREAS, the City Council of the City of Orange finds
and determines that, except for the City or its authorized
representa-tive, the placement or leaving of trash drop off boxes and
bins may be a public nuisance:
and WHEREAS, because of the health and safety factors
connected with trash drop off boxes and bins, the City Council desires
to require permits in order to use trash drop off boxes or
trash
bins.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 8.28.010 of the Orange Municipal Code is
hereby amended to read as
j'4_
8~28.010 Definitions. For the purpose of this Chapter,
certaln words and phrases shall be construed as set forth in this
section unless it is apparent from the context that a different
meaning is intended:
A., "Construction wastell means and includes any waste
resultlng from construction of any building or structure.
B. "Destruction Waste" means and includes any waste resulting
from the destruction of any building or structure.
c. "Garbage" means and includes all animal and vegetable
refuse. and waste from kitchens, all vegetable and fruit trimmings,
includlng such refuse from vegetable and fruit stands and all other
household refuse and waste that has been prepared for or intended
to be used as food, or has resulted from the preparation of food.
D. "Solid waste" shall be as defined in Section 4270 of the
California Health and Safety Code.
E. "Trash II
means all refuse and waste from and incidental to
the use of homes and places of business, such as tin cans,
bottles, metal cartons, broken glass, crockery, junk, paper, rags,
packing materials, such as paper, hay, straw, shavings, excelsior
and sawdust i also lawn trimmings, weeds and leaves. "Trash" shall
not include, or be construed to include, any of the following:
dirt or earth, sand, rock, gravel, broken concrete, lawn scalpings
with sod, or auto bodies.
F. The placement of more than one type of trash or solid waste
such as cans, glass and paper) in a trash container shall be
presumptive evidence that the items so placed are trash or solid
waste and are not intended to be recycled.
SECTION II:
Section 8.28.070 of the Orange Municipal Code is hereby amended
to read as follows:
8.28.070 Collection by city. A. All trash, garbage, destruction
waste, solid waste and construction waste accumulated in the City shall
be collected, conveyed and disposed of by the City or its authorized
representative. No person, except the City or its authorized repre-
sentative, shall collect or convey over any of the streets or alleys
of the City or dispose of any trash, garbage, solid waste or
construction waste accumulated in the city.
B. Exception. This Section shall not prohibit the actual
producers of solid waste or the owners of premises upon which refuse
has accumulated from personally collecting, conveying and disposing
of such solid waste provided such producers or owners comply with
this Chapter with any other governing law or ordinance of the City,
and provided' a trash drop off box or trash bin permit is obtained if
a trash drop off box or trash bin is utilized.
c. The City shall have the right to enter into a contract
with any person for the collection of trash, garbage, destruction
waste, solid waste and construction waste.
SECTION III:
Section 8.28.075 of the Orange Municipal Code is hereby
repealed.
SECTION IV:
Chapter 8.29, Sections 8.29.010 through 8.29.180, is hereby
added to the Orange Municipal Code to read as follows:
2-
Sections:
8.29.010
8.29.020
8.29.030
8.29.040
8.29.050
8.29.060
8.29.070
8.29.080
8.29.090
8.29.100
8.29.110
8.29.120
8.29.130
8.29.140
8.29.150
8.29.160
8.29.170
8.29.180
Chapter 8.29
TRASH BINS AND DROP OFF BOXES
Definitions.
Trash Drop Off Box or Trash Bin Permit Required.
Permit Application and Procedures.
Action by the Director of Public Works.
Appeal of the Director of Public Works Action.
Appeals to City Council.
Permit Term.
Revocation of Permit.
Display of Permit.
Required Deposits.
Permitee Liability.
Acceptance of Permit by the Applicant.
Non-Assignment of
Permit.Changes in Permit and
Work.Authority to Remove Trash Bins or Dump Off
Boxes.Service of Notice;
Contents.Removal of Trash Bins or Dump Off Boxes at Owner'
s
Expense.Violation - Infraction.
8.29.010 Definitions. For the purpose of this Chapter,
certain words and phrases shall be construed as set forth in this
Section unless it is apparent from the context that a different
meaning is intended:
A. "Trash BinI! means a container, for the collection of solid
waste or items to be recycled, with dimensions of, or exceeding,
fifty-four (54) inches by sixty (60) inches by twenty-four (
24) inches,but not exceeding the dimensions of six (6) feet by five (5)
feet by eighteen (
18) feet.B. "Dump Off Box, II "Drop Off Box," or "D.O.
B. II means
a con-tainer, for the collection of solid waste or items to
be recycled,with dimensions of, or exceeding, six (6) feet by five (
5) feet by eighteen (
18) feet.8.29.020 Trash Drop Off Box or Trash Bin
Permit Required.No person, except the City or its authorized
representative, shall place or leave standing a trash bin or a drop off box (D.
O.B.)within the City without having first obtained a permit to
do so from the Director of Public Works or
his designee.8.29.030 Permit Application and Procedures.
A. General.Application for trash bin or D.O.B. permits may be
obtained at the office of the Director of Public Works.
Permit application forms and processing procedures shall be as established
by the Director of
Public Works.B. Plans. The Director of Public Works may
require such details as d~emed necessary to determine the
exact location,nature, dimensions, duration and purpose of
the
desired
8.29.040 Action by the Director of Public Works. A.
Approval. Upon finding the requested permit conforms to the
provisions of this Chapter,other applicable provisions of the
Grange Municipal Code, and State and Federal law, the Director
of Public Works, or his authorized agent, shall issue the permit.
B. Denial. If the Director of Public Works finds that
the requested permit is in conflict with any provisions of this
Chapter or any other applicable provisions of law or the Grange
Municipal Code, the Director of Public Works, or his authorized
agent, shall deny the permit.
C. Time Limit. The Director of Public Works shall approve
or deny the permit within thirty (30) days of receipt of the written
application for the permit.
8.29.050 Appeal of the Action by the Director of Public Works.
If any applicant is dissatisfied with decisions of the Director of
Public Works, they may appeal such decision to the City Manager.
The appeal shall be in writing to the City Manager and shall set
forth the basis of the appeal. The City Manager, or his designee,
shall hold the hearing on the appeal within thirty (30) days of
receipt of the written appeal. The City Manager, or his designee
shall render a written decision within thirty (30) days after the close
of the hearing on the appeal.
8.29.060 Appeals to City Council. A. Any person dis-
satisfied with any decision of the City Manager may file, within
fifteen (15) days after such decision is announced at the conclusion
of a hearing, otherwise within fifteen (15) days after mailing the
applicant or permitee a written notice of the decision by registered
or certified mail, a written Notice of Appeal to the City Council.
B. Within fifteen (15) days of receipt of a Notice of Appeal
to the City Council, the City Manager, or his designee shall give
not less than ten (10) days' written notice of the date, time, and
place of such hearing on appeal to the appellant, the applicant or
permitee. The City Council, at a hearing on appeal, shall
consider only the transcript of proceedings before the City
Manager, or his designee, together with any exhibits received in
evidence during such proceedings; provided, however, that on
application of any party, the City Council may, in its discretion,
permit the introduction of additional evidence. In either case,
the City Council may hear and consider additional argument and
points and authorities of law, and may require parties before it
to submit such argument and points and authorities of law prior to
rendering any decision.
8.29.070 Permit Term. The term of the permit shall be as
set forth in the approved permit. A permit may be granted by the
Director of Public Works for a period not to exceed six (6) months
from the date of issuance. The Director of Public Works may termi-
nate a continuing permit by posting a notice on the trash bin or
D.G.B. one (1) day (twenty-four (24) hours) prior to the date
of termination. The permit term may be renewed or extended at
the discretion of the Director of Public
Works.8.29.080 Revocation of Permit. A permit may be
revoked at any time at the option of the Director of Public Works
whenever the permitee fails to comply with or violates this City
ordinance,City standard, safety regulation, or any condition of the
issuance of the permit. Upon revocation of the permit, the permitee
shall immediately remove the trash bin or D.G.B. If the trash bin
or D.G.B. is not removed within twenty-four (24) hours after
notice is posted, the City may remove the trash bin or D.G.B. Any
and all costs incurred by the City for enforcement of this Section
shall be at the expense of the permitee. Cost incurred by the
City will be deducted from any deposits posted by the permitee and,
if necessary,recovered by
legal
8.
29.090 Display of Permit. The permitee shall post in a conspicuous
place upon the trash bin or D.O.B. any permit issued pursuant
to this Chapter.8.
29.100 Required Deposits. A. Prior to issuance of a permit,
the permitee shall deposit with the City, cash or a certified
or cashier's check, in the sum to be fixed by the Director
of Public Works, not to exceed Five Hundred Dollars 500.
00), as sufficient to reimburse the City for costs of removal
of the trash bin or D.O.B. and for the cost of inspection and
permit.B.
Inspection and Permit fee. The amount of the inspection and
permit fee shall be the actual cost of such inspection and permit by
the City as determined by the Director of Public Works, but not to
exceed Fifty Dollars ($50.00).8.
29.110 Permitee Liability. Permitee shall agree to hold the
City, its officers, and employees harmless from any and all liability,
claims, suits or actions for any and all damages alleged to
have been suffered by any person or property by reason of the permitee'
s installation, operation, maintenance or removal of the trash
bin or D.G.B.8.
29.120 Acceptance of Permit by the Applicant. Accept-ance
by the applicant of the permit shall be conclusive evidence of
the reasonableness of the terms imposed and shall constitute a waiver
of any right to legislative determination thereof.8.
29.130 Non-Assignment of Permit. Permits shall be issued
only to the person making application and may not be assigned to
another person by the permitee.
8.29.140 Changes in Permit and Work. No changes may be
made in the location, dimension, character, or duration of the use
as granted by the permit, except upon written authorization of the
Director of Public Works.
8.29.150 Authority to Remove Trash Bins or Drop Off Boxes.
If there is no valid permit for a trash bin or D.O.B., or if the
terms of the permit or this ordinance are not complied with, the
Director of Public Works, or his designee, may, by notice, require
the removal of any trash bin or D.O.B.
8.29.160 Service of Notice; Contents. The notice referred
to in Sections 8.29.080 and 8.29.150 shall be posted upon the trash
bin or D.G.B. The notice shall specify the violation and shall
require the removal of such encroachment within one (1) day (twenty-
four (24) hours).
8.29.170 Removal of Trash Bins or Drop Off Boxes at Owner's
Expense. If the trash bin or D.G.B. is not removed within one
1) day (twenty-four (24) hours) from and after posting of
the notice, the City may remove the trash bin or D.O.B. at
the expense of the owner of the trash bin or D.O.B. or at
the expense of any other person causing the trash bin or D.O.B.
to
remain.8.29.180 Violation - Infraction. Any person violating any
of the provisions of this Chapter shall be guilty of an infraction
and, upon conviction thereof, shall be subject to (1) a fine of
Fifty Dollars ($50.00) for a first violation; (2) a fine of One
Hundred Dollars ($100.00) for a second violation of this Chapter
within one (1) year; (3) a fine of Two Hundred Fifty Dollars
250.00) for each additional violation of this Chapter within
one (1) year.
5-
July 1981.
SECTION
V:The
City Council hereby declares that it would have passed this
Ordinance sentence by sentence, paragraph by paragraph, and section
by section, and does hereby declare that the provisions of
this Ordinance are severable and, if for any reason any sentence,paragraph
or section of this Ordinance shall be held invalid, such decision
shall not affect the validity of the remaining parts of this
Ordinance.SECTION
VI:This
Ordinance shall be published once within fifteen (15)days
after its passage in the Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange,
and shall take effect thirty (30) days from and after the
date of its final passage.ADOPTED
this 28th day of ATTEST:
7Jt~ !
I:- ~~CITYCLE
OF THE CIT OF ORANGE STATE OF
CALIFORNIA COUNTY OF
ORANGE ss CITY OF
ORANGE I, MARILYN
J. JENSEN, City Clerk of the City of Orange,California, DO
HEREBY CERTIFY that the foregoing Ordinance was introduced at
a regular meeting of the City Council held on the 21st day
of July , 1981, and thereafter at a regular meeting of
said City Council duly held on the 28th day of July , 1981,
was duly passed and adopted by the following vote, to
wit:AYES:NOES:
ABSENT :
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Barrera,
Smith,
Perez, Beyer None Mayor
Beam
lJ&~Y~
Marilyn J.
Jensen ~CITY CLERK
OF THE CITY OF ORANGE 6-
ORANGE CITY NEWS
PUBLICATION DATE:Wednesday,
August 5, 1981
LEGAL NOTICE
ORDINANCE NO. 17-
81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE AMENDING SECTIONS 8.28.010 AND 8.28.070 OF THE
ORANGE MUNICIPAL CODE TO REGULATE THE COLLECTION OF REFUSE
IN THE CITY OF ORANGE AND ADDING SECTIONS 8.29.010
THROUGH 8.29.180 TO THE ORANGE MUNICIPAL CODE TO REGULATE
TRASH BINS AND DUMP OFF
BOXES.Original on file in the City Clerk's
Dept.)
SYNOPSIS:Ordinance No. 17-81 amends Sections 8.28.
010 and 8.28.070 of the Orange Municipal Code
to regulate the collection of refuse and add Sections 8.
29.010 through 8.29.180 to regulate trash bins
and dump
off boxes.ADOPTED by the City Council of the City of Orange at
a regular meeting held Tuesday July 28, 1981 by the
following vote:AYES: Barrera, Smith,
Perez, Beyer ABSENT:
Mayor Beam CITY
OF ORANGE Marilyn J. Jensen,
City