SR-503-001-02 (11)
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CA:RMM:jld150/hpc
City council Meeting 10-17-89
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Santa Monica, California
STAFF REPORT
F-B
OCT 1 7 1989
TO:
Mayor and City council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Chapter 2 of Article V
of the Santa Monica Municipal Code to Reflect
changes in the City's Refuse Collection and
Recycling Activities
At its meeting on May 10, 1988, the city council directed
the City Attorney to prepare an ordinance updating Chapter 2 of
Article V of the Santa Monica Municipal Code to reflect changes
in the City's refuse collection and recycling activities. In
response to this direction, the accompanying ordinance has been
prepared and is presented to the city Council for its
consideration.
The accompanying ordinance amends Chapter 2 of Article V of
the Santa Monica Municipal Code in the following ways:
1. The sections in this Chapter have been renumbered and,
where appropriate, recodified with other compatible sections in
an effort to make the Chapter more understandable.
Obsolete
provisions have been deleted and other sections have been added
to correspond to current City practices.
section 4 has been
added to the Ordinance to ensure that the adoption of this
Ordinance will not affect any prosecutions for violations of the
provisions of this Chapter committed prior to the date of
adoption of this Ordinance.
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OCT 1 7 1989
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2. Throughout the Chapter, the use of the terms "Class A
Rubbish" and "Class B Rubbish" have been deleted. The term
"rubbish" now includes all items formerly included under the two
separate categories.
3. Throughout the Chapter, all references to "Director of
Public Works" have been changed to "Director of General
Services. II
4. Throughout the Chapter, all provisions have been made
gender neutral where applicable.
SECTION-BY-SECTION ANALYSIS
The following is a discussion of those sections which have
been substantially amended:
Section 5200 - Definitions. The definitions set forth in
this section have been alphabetized for reading convenience. The
terms "Hazardous Waste" and "Recyclable Material" have been added
to the list of definitions set forth in this section. In
addition, the terms "dry commercial garbage," II family, " and
"rooming unit" have been deleted.
Section 5214 - Collection of Refuse (old Section 5227). A
new paragraph has been added to this Section dealing with
collection of refuse which sets forth the procedures for disposal
of hazardous wastes.
Section 5215 - Refuse Service and Collection (old Section
5227A) . This section has been amended to provide that the
Director of General Services shall establish refuse collection
routes and that refuse will be collected on such days and at such
times as the Director deems is most advisable to serve the best
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interests of the City. Previously, this section distinguished
between refuse service for Class A Rubbish and Class B Rubbish, a
distinction the City no longer makes.
Section 5217 - Collection of Refuse in Central Business
District. A subsection has been added to this section permitting
the City Council to establish a fee whenever refuse customers
place refuse containers on public property.
section 5218 Refuse containers (old section 5228).
Paragraph one of this section was amended and sets forth the type
of containers in which rubbish should be placed prior to
collection.
Section 5219 - Preparation of Refuse for Collection (old
Section 5228B). This section was amended to delete the separate
preparation requirements for class A and B rubbish since this
distinction is no longer being made by the city. In addition,
the old section 5228C has been incorporated into this Section as
subdivision (c) and amended to provide for a decrease from 60 to
40 pounds the weight of containers set out for refuse collection,
as well as decreases from 10 to 4 cubic yards the amount of
rubbish which may be placed out for collection.
Section 5231 - Recyclable Materials. This is a new section
which sets forth the regulations which apply to the collection of
recyclable materials. Essentially, the Director of General
Services is empowered to determine what type of recyclable
materials may be collected, the collection route, and the hours
of collection. This Section also provides that no person may
remove from the recycling containers any recyclable materials on
designated collection days.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant city Attorney
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