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O1499 . e CA:RMM:jld148jhpc city council Meeting 11-14-89 Santa Monica, California ORDINANCE NUMBER l499(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY'S REFUSE COLLECTION AND RECYCLING ACTIVITIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2 of Article V of the Santa Monica Municipal Code is amended to read as follows: CHAPTER 2 - GENERAL SANITATION SECTION 5200. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Building Rubbish. Building rubbish is the waste material from construction, replacement, remodeling, repair, or demolition of structures, and includes, but is not limited to, such rejected materials and fixtures as earth, stones, bricks, plaster, glass, lumber, roofing materials, shingles, concrete, plumbing fixtures, pipes, heating systems, and electrical materials. (b) City. The City of Santa Monica. - 1 - - e (c) Dwellinq. A building or portion thereof which is used principally for residential occupancy. (d) Dwellinq Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters. (e) Garbage. Garbage is animal and vegetable waste resul ting from the handling, preparation, working, and service of food and of a type which originates primarily in kitchens, stores, restaurants, hotels, and other places where food is cooked, stored, or consumed. The term "garbageU shall not include within its meaning food processing wastes from canneries, slaughter houses, packing plants, or similar industries, nor condemned food products or animal shells. (f) Hazardous Waste. Hazardous waste is those substances set forth in sections 66680 and 66685 of Title 22 of the California Administrative Code or in the List of Priority Organic Pollutants as maintained and updated by the united states Environmental Protection Agency. (g) Industrial Waste. Industrial waste is solid waste material from factories, processing plants, or other manufacturing enterprises, and shall include, but not be limited to, condemned foods, lumber scraps and shavings, plaster cases, and miscellaneous manufacturing refuse. - 2 - e e (h) Recyclable Material. Recyclable material is any waste material which can be reused or reprocessed to produce a useable material and which is designated by the Director of General Services as recyclable material. Recyclable material may include wastes defined as building rubbish, garbage, industrial waste, hazardous waste, or rubbish. (i) Refuse. Refuse is garbage, rubbish, building rubbish, and industrial waste. (j) Rubbish. Rubbish is paper, cardboard, books, magazines, rags, clothing, paper cartons, wooden crates, wooden boxes, mattresses, rubber, linoleum or asphalt tile excelsior, carpet sweepings, cut hair, vacuum sweepings, wrapped garbage, grass, weeds, leaves, yard trimmings, and other similar articles or materials; ashes, broken glass, crockery, bottles, tin cans, metal containers, bed springs, metal furniture, miscellaneous metals, and all other similar articles of materials; tree branches, brush, palm fronds, wooden furniture, and all other similar materials which will burn by contact with flames of ordinary temperature after being dried to proper moisture content. Rubbish shall not include automobile and truck bodies, chassis, and engines. SECTION 5201. Fat Rendering. No person shall mel t or render, or cause or permit to be melted or rendered, any fat, tallow, or lard except when the - 3 - e e same is fresh from the slaughtered animal and taken directly from the places of slaughter in the City and when the same is free from sourness and taint and all other causes of offense at the time of melting or rendering. All melting and rendering shall be done in steam-tight vessels, and the gases and odors therefrom shall be destroyed by combustion or other effecti ve means and according to the best and most approved means and processes. All such melting and rendering and everything in connection therewith, and the premises wherein or whereon the same shall be conducted, shall be free from offensive odor and from other cause of injury to the public health. SECTION 5202. Dead Animals. No person shall bury any dead animal within the limits of the city. SECTION 5203. Noxious Gases. No person shall establish, conduct, or maintain any factory or place for boiling or manufacturing varnish, lamp-black, glue, or other substance or material that will generate any unwholesome, offensive, or deleterious gas or exhaust or any deposit that is dangerous or prejudicial to life or health. SECTION 5204. Dust. No person shall erect, establish, operate, or maintain any carpet beating machine within two hundred (200) feet of any church, school house, residence, dwelling house, public - 4 - e It eating place, or food establishment, or in any place other than an area zoned to permit industrial operations. Every carpet beating machine erected wi thin an industrial zone shall be enclosed so that dust, dirt, or any other substance or material shall not escape therefrom during or by reason of the operation thereof. SECTION Bathrooms. (a) Privy. No person shall maintain a privy within the city, except during the period of construction of a building or except during a special event such as a party, parade, race, or other similar gathering. Such privy shall be constructed in a manner approved by the Building Officer and shall be removed in a sani tary manner immediately upon discontinuance of use. (b) Drainage or other Disposal from Privy Vaults or Cesspools. No person shall permit the contents, or any part thereof, of any pr ivy vault, cesspool, water closet, urinal, or of any other sink or cistern containing any nightsoil, slop water, or other filthy water, matter, or substance, to flow, discharge, or be deposited upon the surface of any premises, or of any publ ic street or other publ ic place, or into any storm drain. The emptying or cleaning out of any privy vault, cesspool, or sink 5205. Privies, cesspools, and - 5 - - e shall be in such a manner as not to offend the sensibilities of residents of the City, and no substances removed therefrom shall be burned or disposed of in any manner that may be prejudicial to the health or offensive to the sensibilities of the residents of the city. SECTION person shall sidewalk in business, or condition. 5206. Sidewalks, Cleanliness. No fail, refuse, or neglect to keep the front of the person's house, place of premises in a clean and wholesome SECTION 5207. Premises, Cleanliness. No person owning, leasing, acting as agent for, or occupying any premises shall permit any accumulation of manure, garbage, offal, rubbish, stagnant water, or filthy or offensi ve matter of any kind to be or remain upon such premises, or shall fail, refuse, or neglect to keep such premises in a clean and wholesome condition. SECTION 5208. Fertilizers. (a) No person shall keep any manure on any premises longer than one day unless the same be kept in a bin or box made of good, sound metal, brick, stone, or concrete, or wood of not less than one inch in thickness, and kept covered at all times. - 6 - e e (b) No person shall keep any manure within thirty-five (35) feet of any church, school, or hospital, or any other place where food or food products are kept or stored, or any window, door, or other opening of any residence, dwelling house, hotel, or lodging house. (c) No person shall keep any manure in a bin or box on any premises for a longer period than seven days or fail, refuse, or neglect to clean and disinfect such bin or box, or to cause the same to be cleaned and disinfected at any time when ordered to do so by the Health Officer. SECTION 5209 . Fertilization of soil. Manure or other commercial fertilizer in excess of one hundred (100) pounds may be maintained in a pile or piles for fertilization of soil only if a permit shall have been granted therefor by the Director of General Services and if such manure shall be maintained more than two hundred (200) feet from any residence, dwelling, hotel, or lodging house. Each such permit shall designate the location where such manure shall be kept and the amount that may be so kept. It shall be unlawful for any person to keep any such manure at any location other than that designated in such permit or in any amount greater than the amount named in such permit. - 7 - e e SECTION 5210. Offensive Substance. (a) No person shall unload, discharge, place or deposit upon or along any public street, sidewalk, or other public place or upon or along the line of any railroad, any human or animal excrement, manure, offal, or other offensive or nauseous substance, or to allow any car or other vehicle having therein or thereupon any such substance to remain or stand upon or along any railroad, or upon or along any publ ic street or other public place for a period longer than is necessary for loading and hauling such substance to its destination and in no event for a longer period than twenty-four (24) hours. (b) No person shall deposit any dead animal or part thereof, or any offal, sewage, nightsoil, manure or rubbish, or any decaying or putrid matter or substance of any kind in the Pacific Ocean, or in any irrigating ditch, reservoir, aqueduct, storm drain, or in any pipe or stream connected therewith, or to ba the or to put any part of his or her person into any reservoir, aqueduct, or other portion of any water system or to otherwise do anything that will impair or imperil the purity or wholesomeness of any water designed for household or domestic use. (c) No person shall use any vehicle, tub, or other receptacle for hauling any offal, or the contents of a privy vault, cesspool, or sink, or any nauseous or offensive substance, unless such vehicle, - 8 - e e tub, or other receptacle shall be sufficiently strong and tight to prevent any of the contents from leaking or spilling therefrom and the same shall be so tightly covered as to prevent any nauseous odors from escaping therefrom. No person shall permit any such car or vehicle to be in a filthy or offensive condition, or fail to thoroughly clean any such car or vehicle after every use thereof. (d) No person shall defecate or urinate in public or upon any street or sidewalk or other public place. SECTION 5211. Sewers. No person shall deposit in any water closet , privy vault, or cesspool any dead animal, offal, or garbage, or depositor cause or permit to be deposited any solid substance in any pUblic sewer, manhole, or flushtank. SECTION 5212. Cellars or Basements. Every cellar or basement in any dwelling, residence, public eating place, or food establishment shall be kept thoroughly drained, ventilated, and in a clean and wholesome condition. SECTION 5213. Building Officer's Notices. (a) The Building Officer is authorized and empowered to post or set up any notices which he or she shall deem necessary or expedient to secure or promote the enforcement or observance of any law of - 9 - e e the state of California, or any ordinance of the City or of this Code, relating to the quarantine regulations, or to the preservation of the public heal th, or to the sanitary regulations of the state or City, and he or she hereby is authorized and empowered to post or set up any extraction or copy of any such law, Code, or ordinance whenever he or she shall deem the same to be necessary or expedient. (b) No person shall destroy, deface, mutilate, or tear down any such notice, or its surface, or any part thereof. SECTION 5214. collection of Refuse. (a) The Director of General Services in his or her discretion shall determine what refuse materials shall be collected. The Director's discretion shall be based upon his or her evaluation of the burdens of collection, capacity of existing City equipment to handle such materials, and the convenience of the pUblic. Building rubbish generated by homeowner operations in small remodeling projects may be collected by the City, if placed in a container, the combined weight of which does not exceed forty ( 4 0) pounds. Building rubbish generated by building contractors shall not be collected. The Director of General Services shall determine the appropriate collection system for refuse. City-owned containers may be provided for refuse disposal and use of such - 10 - e e containers may be made mandatory in certain areas of the city. (b) Hazardous waste shall not be deposited in any container for refuse, garbage, rubbish, recyclables, or industrial waste. Hazardous waste shall be disposed of only according to applicable provisions of federal, state, and City law and regulations. SECTION 5215. Refuse Service and Collection. The Director of General Services is authorized to establish such refuse collection routes and to collect refuse on such days of the week and at such hours of the day as deemed necessary to serve the best interests of the city. The frequency of collection shall not be changed without a resolution of the City Council. SECTION 5216. Points of Collection of RefUse. (a) Any refuse placed for collection shall not be placed for collection in that portion of any street or alley abutting on property other than the property owned or controlled by the person placing the refuse. On other than collection days, when refuse collections are made from the street, containers shall be stored on private property no closer than ten (10) feet from the street right-of-way line, unless the containers are stored in an enclosure. Where there is a public alley along - 11 - . e which refuse collections are made, all refuse shall be placed for collection upon private property within ten (10) ten feet of the alley, providing there shall be no obstructions between such refuse and the alley property line. In the event there is not sufficient unobstructed area in which to place refuse on such private property, refuse may be placed so as not to encroach upon a public alley more than four (4) feet. If there is no public alley, refuse containers shall be placed for collection on the parkway not more than four (4) feet from the curb. (b) If a property owned or controlled by the person placing the refuse is located such that no portion of the property abuts the public alley or street along which refuse collections are made, the Director of General Services shall determine a location in the public alley or parkway on which the property owner shall place the refuse containers. The location determined by the Director of General Services shall in no event encroach upon the public alley more than four (4) feet nor shall be placed more than four (4) feet from the curb when the location of the refuse containers is determined to be a parkway. (c) Refuse containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 7: 00 a . m. on the day of collection. - 12 - . e (d) Refuse containers placed upon a public street or alley for collection shall be removed not later than 8:00 p.m. on the day of collection. (e) No refuse containers shall be placed on any public right-of-way on other than collection days without a permit having been obtained from the Director of General Services in accordance with Section 7151 of this Code. (f) Refuse from a corner lot, if there is no alley, may be placed in accordance with provisions of this section on any frontage along which refuse collection trucks are routed, provided all refuse from such lots shall be placed for collection at one place. (g) Refuse containers provided by the city for use with automated collection systems shall be placed for collection in locations Which provide unobstructed access within a three foot radius of any edge of said containers. SECTION 5217. Collection of Refuse in Central Business District. Anything in this Code to the contrary notwithstanding, the following additional regulations shall apply to the district bounded by Ocean Avenue on the west, Wilshire Boulevard on the north, Fifth street on the east, and Colorado Avenue on the south: - 13 - e e (a) No refuse, or refuse containers shall be placed upon, or allowed to remain upon public property except between the hours of 7:00 a.m. and 11:00 a.m. Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday. (b) No refuse shall be stored on private property except: (1) In a bin type container approved by the Director of General Services. (2) In a fully enclosed building. (3) within an enclosure around which there is an opaque wall fence not less than six (6) feet in height, so arranged that said refuse is not visible from any point outside the enclosure. (c) No refuse originating in any place of business shall be placed upon the Third Street Promenade, Second Street, or Fourth street, except as is provided for in Santa Monica Municipal Code section 3611A. (d) The City Council may by Resolution establish a fee requiring refuse customers or private refuse haulers to pay for the privilege of placing or storing refuse or refuse containers on public property for collection by the City or private refuse haulers. - 14 - e e SECTION 5218. Refuse Containers. (a) A rubbish container shall be a durable circular receptacle not exceeding forty-five (45) gallons in capacity, unless the container is owned by the city or its use is mandated by the Director of General Services. The container shall be equipped with a handle. The container shall be made of metal or of a material impervious to water, shall be water-tight in construction, and shall be equipped with a handle or handles of sufficient strength to support the weight of the container and contents. Paper bags, cardboard boxes, or wooden crates are not acceptable refuse containers and will not be collected. (b) Every owner, business, tenant, or lessee of premises, except a tenant or lessee of a dwelling unit in a multiple dwelling, who produces refuse shall provide and at all times keep and maintain suitable containers adequate to contain the respective amounts of refuse ordinarily accumulating at such place during the intervals between collections. All refuse required to be placed in containers for collection shall be accumulated only in such containers during intervals between collections. (c) Refuse containers shall be cleaned and disinfected as needed in order to maintain the same in a sanitary condition. The City shall remove any - 15 - e e container placed on a street or alley which does not comply with specifications for containers as set forth in this section. By placing a refuse container for collection by the City, the container's owner consents that the City can place identification marks on refuse containers at its own expense. (d) Notwithstanding any other provisions of this Section, properly bound plastic bags made of durable material may be used. with the exception of plastic bags, all other containers shall be tapered. (e) The city may provide residents or businesses with refuse containers and may require the use of said containers, which will remain the property of the City. These containers furnished where collection systems standardized refuse containers are utilized. may be requiring SECTION Collection. (a) Garbage, carpet sweeping, cut hair, vacuum cleaner dirt, and sawdust shall be wrapped securely. Garbage shall not contain poisonous, infectious, or hazardous chemicals. Palm fronds need not be placed in containers. Tree 1 imbs , brush, bush, tree trimmings, broken furniture, carpet, and padding shall be no more than four (4) feet in length and shall be securely tied in bundles not to exceed forty (40) pounds in weight. Wooden boxes, wooden crates, 5219. Preparation of Refuse for - 16 - e e and paper cartons shall be broken and tied in bundles not to exceed forty (40) pounds in weight. Ashes shall be thoroughly wet before being placed into any container. Rubbish not in a container placed on the parkway or alley shall not extend into the street nor be placed on any portion of the sidewalk and may be subject to a special collection charge. (b) The combined weight of anyone container, except city furnished bins or containers, and its contents, shall not exceed forty (40) pounds. The amount of rubbish placed for collection shall not exceed four (4) cubic yards per collection. No separate refuse item not in a container and eligible for collection shall exceed forty (40) pounds. SECTION 5220. Rental of Bins from city. (a) Notwithstanding the provisions of sections 5218 and 5219 upon application by the owner or authorized agent of any business, multiple dwelling, or apartment house and upon the payment of the fees hereinafter prescribed, the Director of General Services may provide a bin or bins for the accumulating of refuse originating on the premises described in the application. The fee to be paid to the city for each such bin furnished shall be as established and from time to time amended or revised by resolution of the city Council. - 17 - tit e (b) Upon application by the owner or authorized agent of any business, multiple dwelling, or apartment house, when in the opinion of the Director of General Services such collection is feasible, collection service from points on private property more distant than those described in section 5219 of this Code for bins furnished by the City will be made upon execution by the application of a waiver of liability in a form prescribed by the Director of General services, and upon payment to the City by the applicant of a bin rollout fee, which fee shall be in addition to all other fees and charges provided in this Chapter. The fee to be paid to the city for such bin rollout shall be as established and from time to time amended or revised by resolution of the city Council. (c) All fees, rentals, and charges provided by this section shall be paid to the city as a condition to the furnishing of the receptacles or services for which application is made, and such charges shall be billed and collected in accordance with Section 5224 of this Chapter. Nonpayment shall terminate the obligation of the City to provide or to continue to provide such services or receptacles. All receptacles so furnished shall be and remain the property of the city. The owner or authorized agent of the premises described in the application shall be - 18 - tit e responsible for any damage to the receptacle other than normal wear and tear. SECTION 5221. Mandatory Equipment. (a) Notwithstanding the provisions of sections 5218, 5219, and 5220 of this Chapter, or any other provision in conflict herewith, no owner, manager, or authorized agent of the owner of any multiple dwelling or apartment house, containing eleven (11) or more dwelling units, shall utilize any receptacle for the keeping, depositing, or accumulating of rubbish originating on such premises other than such receptacles as set forth in Section 5222 of this Code and made available by the City. (b) Notwithstanding the provisions of Sections 5218, 5219, and 5220 of this Chapter, or any other provision in conflict herewith, no owner, manager, or authorized agent of the owner of any place of business shall utilize any receptacle for the keeping, depositing, or accumulating of rubbish originating on such premises other than such receptacles as set forth in section 5220 of this Code and made available by the City if, in the determination of the Director of General Services, such receptacles are necessary for the safe and sanitary keeping, depositing, or accumulating of rubbish. - 19 - e It (c) No owner, manager, or authorized agent of the owner of any place of business, multiple dwelling, or apartment house which is equipped with, or has available a refuse collection chute which is more than ten (10) feet from a street or alley, shall maintain the same when a shut-off gate for such refuse collection chute is not provided. It shall be the responsibility of every such person to install and maintain a discharge shut-off system for all existing buildings with refuse collection chutes. All new buildings designed with refuse chutes shall provide for a discharge shut-off system. (d) In the event that the provisions of this Section are not complied with when they are, by their terms, applicable, the city, in addition to any other remedies to compel compliance with this section, may refuse to collect rubbish on-site at such noncomplying locations and shall collect rubbish only from points of collection off-site from the noncomplying premises at locations on public property or public rights-of-way and then only from those containers specified in Section 5218 of this Code. (e) In any case in which the requirements of this section work a substantial hardship, different than that experienced by other members of the public, the aggrieved party may appeal the requirements of this section to the Director of General services, whose decision shall be final and not appealable. - 20 - e e SECTION 5222. Accumulation of Refuse. Except as permitted by the provisions of this Code governing the accumulation and collection of refuse, no person shall deposit any refuse which is or may become offensive, noxious, or dangerous to the public health or is or may become afire hazard on any pub 1 ic or private place within the City unless the substance is deposited in a storage facility for hazardous materials permitted by the state of California. SECTION 5223. station. (a) The ci ty Refuse Transfer station may, in the discretion of the Director of General Services, be open for refuse disposal by licensed refuse haulers that primarily serve Santa Monica businesses. Use of the City Transfer station will be determined daily by the Solid Waste Management Superintendent and will be based on available capacity as well as on the order in which requests are received. Fees for depositing refuse at the Transfer station shall be established by resolution of the city Council. (b) Refuse brought to the City Refuse Transfer station must comply with the following: (1) Lumber and rubbish, excepting wooden furniture, shall not exceed four (4) feet in length or four (4) inches in least cross-sectional Use of city Refuse Transfer dimensions. - 21 - e e (2) Rubbish and portions of building rubbish and industrial waste, excepting lumber, shall be broken into pieces not exceeding 2-1/2' x 2-1/2' x 4' . (3) Hazardous materials of any kind will not be accepted for disposal. (c) No person shall deposit in the city transfer station or upon any public street or alley or other public place within the City any refuse originating in any area outside of the City, and further, no person shall deposit any refuse upon any public street or alley or other public property except as the same may be placed for collection in accordance with the provisions of this Chapter. (d) No person who deposits refuse in the City Transfer station, or upon any public street, alley, or property, the place of origin of which refuse is outside the Santa Monica City limits, shall refuse to remove the same upon the request of a City employee. (e) The Director of General Services may limit the type and amount of refuse that may be deposited in the city Refuse Transfer station, if, in the Director's opinion, the acceptance of such material would impair the operation of the transfer station. SECTION 5224. (a) Minimum services shall be Minimum Sanitation Service Fees. monthly fees for sanitation set by resolution of the city - 22 - e e council according to frequency of service and classification of dwelling or business serviced. If standardized refuse containers are provided by the city and use of these containers is required, an additional fee may be charged when containers in excess of those allocated by the City are requested by residents or business owners. These classifications may include different monthly fees for: (1) One dwelling unit per lot. (2) Two or more dwelling units per lot, including condominiums. (3) Boarding houses, hotels, or motels and other similar uses. (4) Business and commercial. (5) Every water account not utilizing city refuse service. (b) The Director of General Services is authorized to make periodic surveys of each business for the purpose of determining the average quantities of each classification of refuse which will be placed for collection on any collection day. Such average quantities, as so determined, shall be used to establish charges for refuse in excess of the maximum allowable quantities. A charge established for excess refuse shall remain in effect until the Director of General Services determines that a change of average quantities requires a different charge. - 23 - e e Such determination shall be made not more than once every three months. SECTION 5225. Billing and Payment of Charges. (a) The refuse collection service charge provided for in this Chapter may be billed monthly, bimonthly, or annually, as determined by the Director of General Services, and shall be collected by the utilities Division of the Department of General Services. (b) The refuse collection service charge shall be billed to the owner, tenant, or occupant of each business or dwelling unit in whose name the City's water account is placed for the property and shall be a civil debt owing to the city. The charges shall be paid to the city within the time and in the manner established for paYment of the city water bill. SECTION 5226. Multiple Businesses at One Location - computation of charges. (a) Where more than one business occupies premises served by one water meter, or two or more meters in the same name, if all refuse from the premises is placed for collection at one location, the total refuse collection charge, payable by the person in whose name the water account is carried, will be computed as for a single business. (b) Where refuse is placed for collection at separate places on said premises, the total charge - 24 - e e shall be the total of separate charges for a single business at each location. (c) Where the provisions of subsection (a) are applicable, the charge against the owner of each business, for which he or she is liable under Section 5224, shall be as follows: An amount equal to the total charges divided by the total number of businesses: provided that if any single business generates refuse in excess of the maximums provided for by Section 5224, the owner of that business shall be charged as a single business, which charge shall be deducted from the total charge, and the balance divided by the number of remaining businesses shall be the charge to each of said remaining businesses. The person in whose name is carried the water account shall be solely responsible for allocating the total charge amongst the owners of each business on the premises. SECTION 5227. Exemption from Refuse Collection charges. (a) All properties other than those zoned R1, R2R, R2, R3, R4, and RVC may be exempt from all charges (except for a minimum monthly refuse administration fee as set by Resolution of the city Council) if the Director of General Services determines that all refuse is being lawfully disposed of by the owner or tenant of the property. - 25 - e . (b) The Director of General Services, notwithstanding the provisions of subparagraph (a) of this Section, in his or her discretion, shall have the authority to make City service mandatory in those situations where public welfare makes such service in the public interest. Such area shall include, but not be limited to, the Santa Monica Municipal Pier. SECTION 5228. Refunds for Vacancies. During the first year after a multiple dwelling unit has received its certificate of Occupancy the service charge provided for in this Chapter shall be refunded to the billed party in an amount equal to the amount collected by the City during the period any dwelling unit in the property was vacant. No refunds shall be allowed for vacancies after the one year period has passed following the Certificate of Occupancy. Requests for refunds shall be made on forms provided by the Director of General Services. SECTION 5229. Interference with COllection. No person unauthorized by the City or by the owner of a refuse container shall remove any refuse container or any refuse placed in said container or bundled for collection by the City. All such refuse placed for collection by City employees shall be the property of the City of Santa Monica. - 26 - e . SECTION 5230. Accounting System. The utilities Division as collection agency for the Department of General Services shall institute and maintain a system of accounting as approved by the Director of Finance, adequate and sufficient to provide complete records of all of its operations for which service charges are billed against users of the service herein contemplated. SECTION 5231. Recyclable Materials. Notwithstanding any other provisions of this Chapter, the following regulations shall apply to the collection of recyclable materials: (a) The Director of General Services in his or her discretion shall determine what recyclable materials shall be collected. The Director's discretion shall be based upon his or her evaluation of the burdens of collection, capacity of equipment to handle such materials, availability of recyclable materials users, and the convenience of the public. (b) The Director of General Services is authorized to establish such recyclable materials collection routes on such days of the week and at such hours of the day as deemed necessary to serve the best interests of the City. In no event shall recyclable materials be deposited in City controlled community collection containers located on public property before 7:00 a.m. or after 8:00 p.m. - 27 - e e (c) The Director of General Services is authorized to establish the location of recyclable material containers on public property as deemed necessary to serve the best interests of the city. The location determined by the Director of General Services shall in no event encroach upon the public alley or street more than four (4) feet. (d) Upon the consent of the owner or authorized agent of any business, multiple dwelling, or apartment house, when in the opinion of the Director of General Services such collection is feasible, collection service from points on private property will be made. All receptacles furnished by the City shall be and remain the property of the city. (e) Containers for recyclable materials may be different from containers for non-recyclable materials and may vary according to the type of material collected. In no event shall the accumulation of recyclable materials be allowed to create litter or an unsafe condition. The City shall have the right to place identification marks on recyclable material containers at its own expense. (f) No person shall deposit in or place upon or around any recyclable material container any material other than the recyclable material (s) for which the container is specifically designated. - 28 - e e (g) The Santa Monica Recycling Program is a service offered to the citizens of Santa Monica by the city. No person, including any owners, manager, or authorized agent of the owner of any dwelling, multiple dwelling, or apartment house may prohibit a citizen from participating. (h) No person unauthorized by the owner of a recyclable material container shall move or remove said container or shall move or remove any recyclable materials which include, but are not limited to, glass, cans, newspaper, plastic, yard waste, and motor oil left at the curb for collection by ci ty crews on designated recycling collection days. No person shall remove recyclable materials from specially designated containers placed in central locations for the deposit of cans, glass, plastic, and newspapers, or other recyclable materials and all such recyclable materials shall be the property of the City of Santa Monica. SECTION 5232. Water Line contamination. (a) No person shall connect, cross-connect, maintain, or install any device, receptacle, fixture, tank, or any other form of installation in any building or on any premises, which is connected to any water line, pipe, or conduit, which conveys or carries any water used for domestic or human consumption, if the plan, arrangement, connection, - 29 - e e maintenance, or installation is such as to make possible any contamination or pollution of such water supply. (b) No person shall dump or place upon any water meter or gate valve on any water line, any garbage, waste matter, or other obstruction of any kind or nature whatsoever. SECTION 5233. Dump Grounds. (a) No person shall permit any premises owned, occupied, or controlled by him or her within the city to be used for the throwing, dumping, or depositing of garbage, refuse, waste matter, or other offensive matter. (b) No person shall trespass or go upon the land or property of any other person for the purpose of dumping or dump upon the land or property of any person any refuse, as refuse is defined in section 5200 of this Code. SECTION 5234. Drinkinq Fountains. Every drinking fountain or other device intended to be used by the public as a means of securing a drink of water installed in or about any park, school, hotel, store, or other public meeting place shall comply in design, application, and operation with the following specifications: (a) The source of orifices from which the water supply and water flows must be the so - 30 - e e protected that they cannot be reached by the mouth, lips, or tongue of the drinker. (b) The orifices from which the water flows must be so protected that drippings from the mouth, lips, mustache, or nose of the drinker cannot fall on or return to the orifices from which the water flows. (c) The fountain or drinking device must be of such design that under normal water pressure the drinker may drink without touching chin or bridge of his or her nose to any part of the fountain. (d) The fountain or drinking device must be of such design that the water bubble from which the drink is taken is formed under normal water pressure in air at least one and three quarters (1-3/4) inches away from any supply pipe or other substance. No person shall maintain, operate, or install any drinking fountain or other drinking device which does not comply with the provisions of this Section. SECTION 5235. Druqs, Xedicines, Sale and Delivery. No person shall distribute to or deliver to, or leave with, or cause or permit to be delivered or distributed to or left with any child under the age of fifteen (15) years (except by a regularly licensed physician or surgeon, or a regularly licensed pharmacist or pharmacist's assistant, or the parents or guardians of any such child) any drug, physic or medicine, or any sample thereof. - 31 - e e SECTION 5236. Incorporation of certain county of Los Angeles Public Health Code Requirements. (a) sections 100 to 1191, inclusive, with the exception of Sections 320, 541, and 542 of the Public Health Code of the County of Los Angeles, as adopted on August 25, 1959, by the Board of Supervisors of the County of Los Angeles by Ordinance Number 7583, and as amended by Ordinance Numbers 8095, 8284, 8425, 8588, and 8614, and subsequent ordinances, are hereby adopted and incorporated herein by reference as if set forth in full herein. The provisions of said Public Health Code fully express the will and intention of the City council of the City of Santa Monica as to those matters relating to public health which are contained therein and adopted hereby. (b) The provisions of this Ordinance, insofar as they are substantially the same as provisions of the Santa Monica Municipal Code relating to the same subject matter existing immediately preceding adoption of this Ordinance, shall be construed as restatements and continuances, and not as new enactments. (c) The issuance of a permit, certification, or approval under the provisions of this Ordinance shall not constitute a waiver of any other requirement contained in the Santa Monica Municipal Code or any other law or ordinance, and all such requirements shall be complied with in addition to - 32 - e e the obtaining of a permit, certification, or approval under the provisions of this Ordinance. (d) The issuance of a permit, certification, or approval under the provisions of this Ordinance shall not constitute an approval of any violation of any provision of this Ordinance, or any law or ordinance, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto. SECTION 5237C. Refuse Collection Hours. No person shall operate or cause to be operated any vehicle or refuse collection equipment for the purpose of collecting refuse between the hours of 10:00 p.m. and 7:00 a.m. of the following day, except that it shall be lawful in the M-1 District to collect rubbish between the hours of 3: 00 a.m. and 7: 00 a.m. of each day so long as during such time there is no collection of refuse within five hundred (500) feet of any building located in a district other than the M-l District. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 33 - e e SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The renumbering or recodification of the Sections in Chapter 2 of the Santa Monica Municipal Code shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date hereof, nor shall the renumbering or recodification of said sections affect any prosecution or action which may be pending or may hereinafter be filed in any court for the violation of any of the provisions of said Sections. As to any such violations of any of said sections and as to any such prosecution or pending prosecution or action, said sections and each of them shall be deemed to continue and be in full force and effect. - 34 - e . SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall be effective thirty (30) days after its adoption. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS City Attorney - 35 - . . Adopted and approved this 14th day of November, 1989. P<rt ~a~ I hereby certify that the foregoing Ordinance No. 1499(CCS) was duly and regularly introduced at a meeting of the City Council on the 17th day of October 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 14th day of November 1989 by the following Council vote: Ayes: Councilmembers: .. I ... Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmemhers: None ATTEST: PAlli~ --- - City _ Cle~ ~-';- PROOF OF PUBLIA liON . (201S.S C.C.P.) STATE OF CAlIFORNtA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the . . . . . . . . . .. . . :r.~~ ~ :Q:fkQQ ~ . . . . . . . . . . . . . . . . .. a newspaper of general circulation, prmted and published .:p.~,xr;,X. ~~~~~:t~J!ff}?~X. In the City of .~A.tl:r A.1'I'$)J'fJ(:;^............ County of Los Angeles. and which newspaper has been adludged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California. under thedateot.!~~:.~~ 19 .~~., Case Number ...:n~.H.~.....i that the notice, of whIch the annexed is a printed copy (set in type not smaller than nonparei I), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the folloWing dates. to-Wit: November 28 .......~......~........................,.........,.. all In the year 19.~t. I certify (or declare) under penalty of perJury that the foregOing is true and correct . Dated at... ~~.?!.T ~.!J.Q.~~.If~................. 28 Nov. 89 CalifornIa. thIs........ ..day of........, 19..... ............~..~................. Signature Fr.. CO!tltl 01 tllis III Ink form ml.,1N s.curla from CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearmg House POBox 31 Los Angeles CA 9Q...oS3 Telephone 625-2541 Pltln reqUeST GENER Al.. Praal 01 P"bl'Cl1,an wlltn arCler,"q lll.s form Th.s space .s for the'unty Clerk's FIling st~ 1 Proof of Publication of .~...~...4....................~........................... ..........~........................._..................... Paste Clipping of Notice SECURELY In This Space ...... ....- -, .- --, - 11~ " W;":U ...."" s-.::::;:.