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SR-6-N (6) # . Santa Monica, California January 12, 1978 TO: Mayor and City Council bJ/ JAN 241978 FROM: City Staff SUBJECT: Rev1sion of Municipal Code Ordinance to Modify Hours of Refuse Collection Allowed in M-l and M-2 Zoned Areas Introduction This report recommends that the Municipal Code Section pertaining to hours of refuse collection be modified to perm1t collect10n 1n M-l and M-2 zoned areas prior to 6:00 a.m. Background Currently, refuse collection operations are prohibited between the hours of 10:00 p.m. and 6:00 a.m. of the following day by Section 5237C of the Municipal Code. The restr1ctions, which pertain to all zoned areas of the Clty, exist to protect citlzens during the late night and early morning hours from nOlse generated by refuse collection operations. A reappraisal of the City POllCY concerning hours of refuse collectlon was initlated by City Staff based upon the requests of two groups. The employees of several bus1nesses located in M-l and M-2 zoned areas have complalned that refuse collect1on operations are being conducted during peak traffic periods when employees are arr1ving to work. The hlgh volume of automobiles traveling ln the area combined with limlted parking available make maneuvering difflcult for both employees and refuse collection veh1cles. fpN JAN 2 4 1978 - . , . TO: t1ayor and City Coune1l -2- January 12, 1978 The two major private refuse collectors, who account for approx1mately 50% of all refuse collected 1n the M-l and M-2 zoned areas. have contacted the City on several occasions requesting that they be permitted to conduct operations prior to 6:00 a.m. to avoid the congestion problems noted previously. One Santa Monica based firm. Southern Callfornia Disposal Company has approximately 75% of its accounts located In M-l or M-2 zoned areas. Representatives from that company believe that strict adherence to the ord1nance necessitates more personnel and equipment and hlgher operating costs because their collection routes cannot be completed as quickly as they could be lf collection were permitted prior to 6:00 a.m. By conductlng operations earlier in the morning, the refuse collection firms believe that routes can be completed entlrely by 6:00 a.m. thereby reducing competition wlth traffic arrivlng for work in the mornlng. Alternatives 1. Continue present hours of operation as required by the Municipal Code. 2. Permit refuse collection operations in M-l and M-2 zoned areas between the hours of 3:00 a.m. and 6:00 a.m. provided that all operations be conducted at a minimum distance of 500 feet from elther residentlal or commercial zoned areas. Recommendatlons Staff belleves that because residential uses are prohiblted in M-l and M-2 zoned areas by Section 9120A and 9121A of the Municipal Code, that refuse collectlon operations can be conducted in these areas wlthout disturblng , . To: Mayor and City Council -3- January 12, 1978 cltlzens, providing that certain restrictions are established and obeyed. Therefore, staff recommends that private refuse collection companies be permitted to operate prior to 6:00 a.m. contingent upon observance of the followlng restrictions: 1. Operations may be conducted only in M-l and M-2 zoned areas, and may commence not prior to 3'00 a.m. 2. Operators shall observe a 500 feet buffer zone between operatlons and the nearest area zoned other than M-l or M-2. 3. Operators shall be informed that it is their responsibility to observe the 500 feet buffer zone carefully. and that any operations WhlCh would violate this buffer must be conducted after 6:00 a.m. Structure of New Ordinance The new ordinance wlll closely resemble Section 4204 d2 of the Munlcipal Code which pertains to ~oises. Construction BU11dings. ProJects. That Section states: IlIt shall be unlawful for any person withln a residential zone or within a radius of 500 feet therefrom to operate equipment or perform any outside construction or repalr work on bUlldlngs. structures or projects wlthin the City on Sundays or between the hours of 8:00 p.m. and 7:00 a.m. of any other day~ unless beforehand a permit has been obtained from the Building Officer of the City of Santa Monica.u The new ordinance pertaining to hours of refuse collection wl11 substitute the details of Ordlnance 4204 d2 with the following' The Sectlon will pertaln to refuse collection vehlcles and operations, the time perlod permitted wlll be 3:00 a.m. rather than 6:00 a.m. as currently established, . , . TO: Mayor and City Council -4- January 12, 1978 the hours of collection wl11 remain the same for all areas zoned other than M-l and M-2) and permlts for exceptlons will not be allowed or provided for. ConclUSlon Any change in the present Ordlnance should contlnue to stress the protection of the citizen In his home from the intrusion of noise generated by refuse collection operations. Staffs' recommendations are designed to contlnue thlS protectlon while alleviating current problems as presented in this report. Prepa red by: Stan Scholl Charles Leggott CA RLK:SIS:I~2-78 . H ORDINANCE NO. (Clty Councll Serles) AN ORDINANCE OF THE CITY COGNCIL OF THE CITY OF SANTA MONICA N1ENDING SECTION 5237C OF THE SANTA ~IDNICA MU~ICIPAL CODE, PERTAINING TO REFUSE COLLECTIO~ IN THE M-I AND M-2 ZONES. THE CITY COUNCIL OF THE CITY OF SA~TA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sectlon 5237C of the Santa Monlca Mun1Clpal Code lS hereby amended and shall read as follows: No person shall operate or cause to be operated any vehlcle or refuse collectlon equlpNent for the purpose of collectlng refuse between the hours of ten o'clock p.m. and SlX olclock a.m. of the following day; provlded, however, that it shall be lawful, ln the M-l and M-2 zones to collect rubblsh between the hours of three o'clock a.~. and SlX o'clock a.m. of each day so long as durlng sald tlmes there lS no collectlon of refuse wlthln a radlus of flve hundred feet from any bUlldlng located 1n other than an M-l or M-2 zone and ad]Olnlng thereto or wlthln a radlUS of flve hundred feet from any resldentlal -1- . ", CA 3-2-78 . . dwell1ng regardless of the zone that the same 1S located In. SECTION 2. Any provlslons of the Santa Monlca MUll1clpal Code, or append1ces thereto lllconslstent herewlth, to the extent of such lllconslstenc12S a~d no further, are hereby repealed or modlfled to that extent necessary to effect the provlslons of thlS ordlnance. SECTION 3 . If any sect1on, subsectlon, sentence, clause or phrase of thlS ordlnance lS for any reason held to be lnvalld or unconstltutlonal by a deC1Slon of any court of competent ]urlsdlctlon, such deC1S1on shall not affect the valldlty of the remalnlng portlons of the ordlnance. The Clty Councll hereby declares that It would have passed thls ordlnance and each and every sectlon, subsectlon, sentence, clause or phrase not declared lnvalld or unconstltutlonal w1thout regard to whether any port1on of the ordlnance would be subsequently declared lnvalld or unconstltutlonal. SECTION 4. The Mayor shall sign and the C1ty Clerk shall attest to the passage of thlS ordlnance. The Clty Clerk shall cause the sa~e to be publlshed once In the offlclal newspaper w1thln flfteell (15) days after lts adoptlon. The ordlnance shall become effectlve after thlrty (30) days from lts adoption_ day of , ADOPTED and APPROVED thlS 1978. 11AYOR \. ~~ CA 3-2-78 . ATTEST: . CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELeS CITY OF SANTA MO~ICA I do hereby certlfy that the foregolng ordlnance was duly and regularly lntroduced at a meeting of the Clty Counell on the day of , 1978; that thereafter the sald ordlnance was duly adopted at a meetlng of the Clty , 1978; by the Councll on the day of followlng vote of the Councll: A YES: Noes: ABSENT: APPROVED AS TO FO~I: ~ , - Councllmernber: Councllmernber: Councllmember: CITY CLERK