Loading...
23 ORDINANCE NO. 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FOR COMPREHENSIVE LITTER CONTROL THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: ARTICLE I DEFINITIONS For the purpose of this Ordinance: Litter - is any quantity of uncontainerized paper, metal , plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk. Public Property - includes , but is not limited to, the following exterior locations: Streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots , school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water. Private Property - includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: Yards, grounds, driveways, entranceways, passageways, parking areas, working areas , storage areas, vacant lots and recreation facilities. Containers - are locally-approved metal , heavy-duty paper or dork plastic receptacles used for the disposal and storage of solid waste, ARTICLE II REGULATIONS SECTION 1 Pedestrians and Motorists l .a - It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the City of Grand Terrace, except in containers or areas lawfully provided therefor. l .b - In the prosecution charging a violation of Section l .a from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of said vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation. l .c - It shall be the duty of every person distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property. l .d - To facilitate proper disposal of litter by pedestrians and motorists, such publicly-patronized or used establishments and institutions as may be designated by the City shall provide, regularly empty and maintain in good condition, adequate containers that meet standards prescribed by the department. This requirement shall be applicable, but not limited to, fast-food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges. -2- SECTION 2 Vehicles Transporting Loose Materials AM 2.a It shall be unlawful for any person, firm, corpora- tion, institution or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the City of Grand Terrace unless said cargo is covered and secured in such manner as to prevent depositing of litter on public and private property. 2.b The duty and responsibility imposed by Section 2.a shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person, firm, corporation, institution or organiza- tion from whose residence or establishment the cargo originated. 2.c In the prosection charging a violation of Section 2.a, lack of adequate covering and securing shall in itself constitute proof a violation has been committed. SECTION 3 Loading and Unloading Operations 3.a Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof. 3.b Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations. SECTION 4 Construction/Demolition Projects 4.a It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project. -3- 4.b It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof, or for transport by himself, to an authorized facility for final disposition. 4.c The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility. SECTION 5 Household Solid Waste Containerization and Removal 5.a All residences located in any area in which collection is by the City or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections. 5.b All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of by free or fee-payment bulk collection service, self transport of such items to end-disposal facilities or by collection for recycling. 5.c Containers shall be kept covered at all times. 5.d Any container which does not conform to the prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of -4- written notice of such defects from the City or approved contractor. Failure to do so within five (5) days of such notification shall constitute a violation of this section. 5.e It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. SECTION 6 Commercial Solid Waste Containerization and Removal 6.a All establishments and institutions which generate solid waste for collection by approved contractors shall abide by the following container requirements prescribed by the San Bernardino Department of Environmental Health, Solid Waste Management. Division: 6.b Containers shall be kept covered at all times. 6.c Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the City or approved contractor. Failure to do so within five (5) days of such notification shall constitute a violation of this section. 6.d It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. SECTION 7 Provision for Solid Waste Disposal and Storage Facilities at New Buildings 7.a Before building permits shall be issued for con- struction of commercial buildings and multiple-dwelling units, plans for the -5- adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the City and the approved contractor. 7.b No approval of occupancy shall be permitted for said premises until approval , by the City, of these facilities has been obtained. SECTION 8 Keeping Property Clean 8.a It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas , borders, embankments and other lodging points. 8:b Owners, agents, occupants or lessees whose properties face on municipal sidewalks and parkways shall be responsible for keeping those sidewalks, parkways and alleys free of litter. 8c. It shall be unlawful to sweep or push litter from sidewalks and parkways into streets. Sidewalk and parkway sweepings must be picked up and put into household or commercial solid waste containers, 8.d It shall be the duty of every non-resident owner of a vacant lot or other vacant property to appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter. 8.e If after due warning, citation or summons , an owner, agent, occupant or lessee fails to remove litter from any private property, the City is authorized to serve written notice to the owner or his appointed agent that if the condition is not corrected within ten (10) days, the property will be cleaned by the City or approved contractor, and the owner or his appointed agent billed for the cost thereof. if the bill is not paid within thirty (30) days, execution may be issued by the City -6- against the property for the amount of the cleaning charge, and such l execution shall constitute a lien on the property until the claim has been satisfied. ARTICLE III ENFORCEMENT AUTHORIZATIONS Designated personnel in the following departments are authorized to enforce sections of this Ordinance as prescribed below: Police Department Regular officers are empowered to enforce any regulation of which violations may be observed in the normal course of patrol duty. Members of units assigned to special parking details in downtown or other commercial areas (patrolmen, meter maids) have authority to enforce, in their normal Mr course of duty, violations of the following sections: Ll .a Littering by Pedestrians and Motorists l .c Littering with Handbills , Leaflets, Etc. 2.a Transporting Loose Materials without Adequate Covering 3.a Lack of Containers at Loading/Unloading Operations 3.b Failure to Clean Loading/Unloading Areas 6.a Improper Commercial Solid Waste Containerization 6.d Depositing Commercial Solid Waste in Sidewalk or Other Pedestrian Litter Receptacles 8.a Litter on Private Premises 8.b Litter on Sidewalks and Strips 8.c Sweepouts Public Works/Sanitation Department Since this Department is the one most directly concerned with litter control , its Director is authorized to delegate enforcement authority -7- to such officers and/or inspectors within the department as he deems appropriate. Such authority is applicable to the entire Ordinance. City Environmentalist or Other Delegated City Enforcement Authority Such authority is applicable to the entire Ordinance. Building and Zoning Department Section 4 - Litter Control at Construction/Demolition Projects and Appropriate Collection/Disposal . Section 7 - Approval of Solid Waste Disposal and Storage Facilities at New Buildings. Fire Department Section 5 - Wherever violations of household solid waste containeri- zation regulations constitute existing or potential fire hazards. Section 6 - Wherever a similar situation prevails with regard to commercial solid waste containerization regulations. Section 8 - Wherever violations of clean-property regulations constitute existing or potential fire hazards. Parks and Recreation Further, along with their regular duties , patrol personnel of the Parks and Recreation Department are authorized to enforce the following sections at parks and other recreation facilities over which the Department has jurisdiction: Section l .a - Littering by Pedestrians Section l .c - Littering with Handbills, Leaflets , Etc. -8- ARTICLE IV ;j PENALTIES Violation of any section of this Ordinance shall constitute an infraction. Penalties shall be those specified from time to time by resolution of the City Council of the City of Grand Terrace ARTICLE V SEVERABILITY If any provision of this Ordinance, or any section thereof, in any circumstances is held invalid, the validity of the remainder of the Ordinance and the application of any of the other provisions or sections shall not be affected. ARTICLE VI The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its adoption in three (3) public places within said City. First read at a regular meeting of the City Council of said City held on the 6th day of September , 1979, and finally adopted and ordered posted at a regular meeting of said City Council on the 20th day of September, 1979. Mayor f the City of Grand Terrace and o the City Council thereof. ATTEST: Approved as to fo *_'ityr of theCity of Granderrace and of the City Council there-of. Ci Attorney (SEAL) -9- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at the organization meeting of the City Council held on the 20th day of September , 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant; Mayor Petta. NOES: None ABSENT: None jig& City C erk of the City of Grand Terrace and of the City Council thereof. (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY, that the above and foregoing is a full , true and correct copy of Ordinance No. 23 of said City Council and that the same has not been amended or repealed. DATED: September 20, 1979 " am4ga City Clerk of the City of Grand Terrace and of the City Council thereof. (SEAL)