SR-6-N (6)
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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
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TO:
t1ayor and City Coune1l
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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
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To:
Mayor and City Council
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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,
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TO: Mayor and City Council
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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
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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
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CA 3-2-78
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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
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ADOPTED and APPROVED thlS
1978.
11AYOR
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CA 3-2-78
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ATTEST:
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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:
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Councllmernber:
Councllmernber:
Councllmember:
CITY CLERK