Note: Editor’s Note: Chapter 5.08, “General Sanitation,” as amended by Ordinance Nos. 166CCS, 255CCS, 274CCS, 398CCS, 463CCS, 604CCS, 683CCS, 708CCS, 762CCS, 957CCS, 1167CCS, 1211CCS, 1236CCS, 1322CCS and 1361CCS has been amended in its entirety by Ordinance No. 1499CCS, adopted November 14, 1989. Additional amendments are noted where applicable.
The following words or phrases as used in this Chapter shall
have the following meanings:
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.
The City of Santa Monica.
The term “commercial recycling bin” shall mean
any container, bin or receptacle designed for the storage of source-separated
recyclable materials.
The term “commercial refuse bin” shall mean any
container, bin or receptacle, designed for the storage of solid waste
by an institutional, industrial or commercial entity.
The term “diversion” shall mean any activity,
existing or occurring in the future, which has been, is, or will be
implemented by the City which will result in or promote the diversion
of solid waste through source reduction, recycling or composting from
solid waste landfills or transformation facilities.
A structure or portion thereof which is used principally
for residential occupancy.
One or more rooms designed, occupied, or intended for occupancy
as separate living quarters.
Garbage is animal and vegetable waste resulting 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 “garbage”
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.
Director of General Services shall mean the Director of General
Services of the City or his or her designate.
Hazardous waste is those substances defined by applicable
federal, state or City law or regulation.
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.
Qualified businesses shall mean any business which generates
less than 100 kilograms of hazardous waste or less than two kilograms
of extremely hazardous waste per month as defined by federal or state
law.
Recyclable material is any waste material which can be reused
or reprocessed to produce a useable material or 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.
The term “recycling enterprise” shall mean any
individual, partnership, joint venture, unincorporated private organization
or private corporation providing solely source separated recycling
services in the City.
The term “recycling requirements” shall mean
the obligations imposed by or upon the City pursuant to federal, state
or City law, ordinance, resolution, policy, plan or program relative
to recycling all, or a portion, of the solid waste generated within
the City including, without limitation, State mandates to divert 25%
of residential and commercial refuse by the year 1995 and 50% of residential
and commercial refuse by the year 2000, and the provision of City-approved
recycling services to all customers.
Refuse is garbage, rubbish, building rubbish, and industrial
waste.
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 or 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 or that has not been segregated
for source separated recycling handling services. Rubbish shall not
include automobile and truck bodies, chassis, and engines.
The term “solid waste” shall mean all rubbish,
garbage, refuse, industrial waste, hazardous wastes, non-source separated
recyclable material and building rubbish.
The term “solid waste enterprise” shall mean
any individual, partnership, joint venture, unincorporated private
organization or private corporation providing solid waste handling
services in the City.
The term “solid waste handling services” shall
mean the collection, transportation, storage, transfer or processing
of solid waste for commercial, institutional, or industrial users
or customers and shall include, without limitation, the placement
of commercial refuse bins on public property.
The term “source separated recycling handling services”
shall mean the collection, transportation, storage, transfer or processing
or source separated recyclable materials for commercial, institutional
or industrial users or customers in order to segregate recyclable
materials for recovery or special handling or to facilitate the recovery
or special handling of source separated recyclable materials..
The term “source separation” shall mean the segregation
by the generator of the materials designated for separate collection
for some form of materials recovery or special handling.
The term “waste characterization study” shall
mean the Waste Characterization Study of the Source Reduction and
Recycling Element (“SRRE”) adopted by the City on August
4, 1992.
(Prior code § 5200; amended
by Ord. No. 1713CCS § 1, adopted 11/23/93; Ord. No. 1717CCS § 1, adopted 1/18/94)
No person shall melt or render, or cause or permit to be melted
or rendered, any fat, tallow, or lard except when the 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 effective 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.
(Prior code § 5201)
No person shall bury any dead animal within the limits of the
City.
(Prior code § 5202)
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.
(Prior code § 5203)
No person shall erect, establish, operate, or maintain any carpet
beating machine within 200 feet of any church, school house, residence,
dwelling house, public eating place, or food establishment, or in
any place other than an area zoned to permit industrial operations.
Every carpet beating machine erected within 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.
(Prior code § 5204)
(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 sanitary 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
privy 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 public street or other public place,
or into any storm drain. The emptying or cleaning out of any privy
vault, cesspool, or sink 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.
(Prior code § 5205)
No person shall fail, refuse, or neglect to keep the sidewalk
in front of the person’s house, place of business, or premises
in a clean and wholesome condition.
(Prior code § 5206)
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 offensive 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.
(Prior code § 5207)
(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.
(b)
No
person shall keep any manure within 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.
(Prior code § 5208)
Manure or other commercial fertilizer in excess of 100 pounds
may be maintained in a pile or piles for fertilization of soil only
if a permit shall have been granted therefor by or by or by the Director
of General Services and if such manure shall be maintained more than
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.
(Prior code § 5209)
(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 public 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 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 bathe 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, 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.
(Prior code § 5210)
No person shall deposit in any water closet, privy vault, or
cesspool any dead animal, offal, or garbage, or deposit or cause or
permit to be deposited any solid substance in any public sewer, manhole,
or flushtank.
(Prior code § 5211)
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.
(Prior code § 5212)
(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 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
health, 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.
(Prior code § 5213)
(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
40 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 containers may
he made mandatory in certain areas of the City.
(b)
Except as provided in subsection (c) below, 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.
(c)
The
Director of General Services may in his or her discretion establish
a program for the City collection and management of hazardous waste
generated by qualified businesses located within the City.
(Prior code § 5214; amended
by Ord. No. 1713CCS § 2, adopted 11/23/93)
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.
(Prior code § 5215)
(a)
Any
refuse and recyclable materials 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 and recyclable materials. On other than collection
days, when refuse collections are made from the street, containers
shall be stored on private property no closer than 10 feet from the
street right-of-way line, unless the containers are stored in an outdoor
enclosure. Where there is a public alley along which refuse collections
are made, all refuse and recyclable materials shall be placed for
collection upon private property within 10 feet of the alley, providing
there shall be no obstructions between such refuse and recyclable
materials and the alley property line. In the event there is not sufficient
unobstructed area in which to place refuse and recyclable materials
on such private property, they may be placed so as not to encroach
upon a public alley more than four feet. If there is no public alley,
refuse containers shall be placed for collection on the parkway not
more than four feet from the curb.
(b)
If
a property owned or controlled by the person placing the refuse and
recyclable materials 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 and recycling containers for collection. The location determined
by the Director of General Services shall in no event encroach upon
the public alley more than four feet nor shall be placed more than
four feet from the curb when the location of the refuse and recycling
container(s) is determined to be a parkway.
(c)
Refuse
and recycling 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.
(d)
Refuse
and recycling 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 or recycling containers shall be placed on any public right-of-way other than collection days without a permit having been obtained from the Director of General Services in accordance with Section 7.04.670 of this Code.
(f)
Refuse
and recyclable materials from a corner lot, if there is no adjacent
alley, may be placed in accordance with provisions of this Section
on any frontage along which refuse collection trucks are routed, provided
all refuse and recyclable materials from such parcel or parcels shall
be placed for collection at one place.
(g)
Refuse
and recycling 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.
(h)
The City Council may by resolution establish and from time to time revise a fee requiring any person who places or stores refuse and recyclable materials or refuse and recycling containers on public property to pay a fee for the use of public property. The fee shall not be charged to any person who, under subsections (a) and (b), must place refuse, recyclable materials, refuse containers or recycling containers on public property in order to facilitate refuse collection.
(Prior code § 5216; amended
by Ord. No. 1565CCS § 1, adopted 2/26/91; Ord. No. 1714CCS § 2, adopted 12/14/93)
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:
(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:
(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 3.36.160.
(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.
(Prior code § 5217)
(a)
A
rubbish container shall be a durable circular receptacle not exceeding
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
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 may be furnished where collection systems
requiring standardized refuse containers are utilized.
(Prior code § 5218)
(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 limbs, brush, bush, tree trimmings, broken furniture, carpet,
and padding shall be no more than four feet in length and shall be
securely tied in bundles not to exceed 40 pounds in weight. Wooden
boxes, wooden crates, and paper cartons shall be broken and tied in
bundles not to exceed 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 any one container, except City furnished bins or
containers, and its contents, shall not exceed 40 pounds. The amount
of rubbish placed for collection shall not exceed four cubic yards
per collection. No separate refuse item not in a container and eligible
for collection shall exceed 40 pounds.
(Prior code § 5219)
(a)
Notwithstanding the provisions of Sections 5.08.190 and 5.08.200 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.
(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 5.08.200 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 5.08.250 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 responsible for any damage to the receptacle other than normal wear and tear.
(Prior code § 5220)
(a)
Notwithstanding the provisions of Sections 5.08.190, 5.08.200, and 5.08.210 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 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 5.08.230 of this Code and made available by the City.
(b)
Notwithstanding the provisions of Sections 5.08.190, 5.08.200, and 5.08.210 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 5.08.210 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.
(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 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 5.08.190 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.
(Prior code § 5221)
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 a fire hazard on any public
or private place within the City unless the substance is deposited
in a storage facility for hazardous materials permitted by the State
of California.
(Prior code § 5222)
(a)
The
City 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 feet in length or four inches in least cross-sectional dimensions.
(2)
Rubbish and portions of building rubbish and industrial waste, excepting
lumber, shall be broken into pieces not exceeding two and one-half
feet by two and one-half feet by four feet.
(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.
(Prior code § 5223)
(a)
Minimum
monthly fees for sanitation services shall be set by resolution of
the City 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:
(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. Such
determination shall be made not more than once every three months.
(Prior code § 5224)
The City may establish fees for the collection and management
of hazardous waste generated by qualified businesses by resolution
of the City Council.
(Added by Ord. No. 1713CCS §
3, adopted 11/23/93)
(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.
(Prior code § 5225)
(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 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 5.08.250, 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 5.08.250, 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.
(Prior code § 5226)
(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.
(b)
The Director of General Services, notwithstanding the provisions of subsection (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.
(c)
The
Director of General Services is authorized to require businesses as
a condition of being otherwise exempt from all charges under this
Section to dispose of their refuse up to six days per week if the
Director of General Services determines that the public interest necessitates
increasing the frequency of refuse collection.
(Prior code § 5227; amended
by Ord. No. 1564CCS § 1, adopted 2/26/91)
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.
(Prior code § 5228)
(a)
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.
(b)
Any
person violating this Section shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty dollars,
or a misdemeanor, which shall be punishable by a fine not exceeding
one thousand dollars per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(Prior code § 5229; amended
by Ord. No. 1813CCS § 4, adopted 9/12/95)
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.
(Prior code § 5230)
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 seven a.m. or after eight p.m.
(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 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 nonrecyclable
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.
(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 City 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.
(Prior code § 5231)
(a)
No
person shall connect, crossconnect, 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, 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.
(Prior code § 5232)
(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.
(Prior code § 5233)
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 water supply and the orifices from which the water flows
must be so 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 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.
(Prior code § 5234)
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 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.
(Prior code § 5235)
(a)
Title 8, Division 1, Chapter 8.04 and Title 11, Division 1, Chapters 11.02 to 11.38, inclusive, with the exception of Sections 11.15.010 to 11.15.050, 11.19.010 to 11.19.040, 11.38.470 and 11.38.460, of the Los Angeles County Code and all subsequent ordinances amending the incorporated sections of Title 8 and Title 11 of the Los Angeles County Code, are hereby adopted and incorporated herein by reference as if set forth in full herein. The provisions of the incorporated Los Angeles County 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 Section, 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 Section, shall be construed as restatements and continuances,
and not as new enactments. In the event of any conflict or inconsistency
between the provisions of the adopted Los Angeles County Code and
any other provisions of the Santa Monica Municipal Code, the provisions
of the Santa Monica Municipal Code shall govern.
(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 the
obtaining of a permit, certification, or approval under the provisions
of this Section.
(d)
The
issuance of a permit, certification, or approval under the provisions
of this Section shall not constitute an approval of any violation
of any provision of this Section, 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.
(e)
Any
person, group, corporation or association which prepares food for,
or dispenses food to, members of the public shall comply with the
provisions of the Los Angeles County Code, which are adopted and incorporated
by this Section.
(f)
Any
person, group, corporation or association violating this Section,
including any noncompliance with the Health Officer as defined by
Los Angeles County Code Section 8.04.947, shall be guilty of an infraction,
which shall be punishable by a fine not exceeding two hundred fifty
dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars, or by imprisonment in the County Jail
for a period not exceeding six months or by both such fine and imprisonment.
(g)
The
City Attorney may seek legal, injunctive, or any other relief to enforce
this Section.
(h)
The
remedies provided by this Section is cumulative to any other remedy
provided by law.
(Prior code § 5236; amended
by Ord. No. 1773CCS § 1, adopted 10/25/94; Ord. No. 2346CCS, adopted 2/8/11)
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 ten p.m. and seven a.m. of the following day,
except that it shall be lawful in the M-1 District to collect rubbish
between the hours of three a.m. and seven a.m. of each day so long
as during such time there is no collection of refuse within five hundred
feet of any building located in a district other than the M-1 District.
(Prior code § 5237C)
The City Council finds and declares that regulation of industrial,
commercial and institutional solid waste enterprises and industrial,
commercial and institutional recycling enterprises is necessary and
appropriate in that:
(1)
The
City is required by State law to achieve designated recycling/diversion
rates in the years 1995 and 2000 as well as to prepare a comprehensive
study of all residential, commercial, and industrial refuse generated
within City limits;
(2)
The
City conducted a Waste Characterization Study and adopted a Source
Reduction and Recycling Element (SRRE) on August 4, 1992, as a prelude
to compliance with State mandated diversion rates of twenty-five percent
in 1995 and fifty percent in the year 2000. This Chapter will facilitate
implementation of the SRRE Plan by conditioning issuance of an enterprise
permit on compliance with certain disclosures and performance requirements,
and will assist the City in satisfying State mandated diversion criteria.
(Added by Ord. No. 1717CCS §
2, adopted 1/18/94)
No person, partnership, joint venture, unincorporated private
organization or private corporation shall provide solid waste handling
services or source separated recycling handling services nor conduct
a solid waste enterprise or a recycling enterprise in the City without
first obtaining an enterprise permit pursuant to this Chapter. Nothing
herein relieves a solid waste or recycling enterprise from its obligation
to obtain all other applicable permits, licenses and approvals required
under local, state and federal law.
(Added by Ord. No. 1717CCS §
3, adopted 1/18/94)
Applications for an enterprise permit shall be submitted on a form provided by the Director of General Services. No enterprise permit shall be issued unless and until the applicant has provided all information requested by the Director of General Services and has complied with Section 5.08.430. The application shall be submitted to the Director of General Services accompanied by the applicable fee which shall be set by resolution of the City Council.
(Added by Ord. No. 1717CCS §
4, adopted 1/18/94)
Issuance of an enterprise permit by the Director of General
Services will be based upon the following:
(a)
Applicant
must be a solid waste enterprise or a recycling enterprise.
(b)
Applicant
must complete an application in full and provide all information requested
by the Director of General Services.
(c)
Applicant
must agree, in writing, to comply with all current and future regulations
promulgated by the Director of General Services, including any special
conditions placed upon the enterprise permit by the Director of General
Services to insure compliance with the provisions of this Chapter
and applicable provisions of state and federal law.
(d)
Applicant
must provide the Director of General Services with evidence of the
insurance and performance deposits required by this Chapter or by
resolution of the City Council.
(e)
If
required by resolution of the City Council, applicants, which provide
solid waste handling services, must adopt a capacity/frequency refuse
rate structure which is in substantial compliance with the provisions
of the applicable resolution of the City Council.
(f)
Applicants
which provide solid waste handling services shall pay a monthly solid
waste handling fee. The amount of the fee or rate structure from which
the amount of the fee is determined shall be established by resolution
of the City Council.
(g)
Applicant
must provide a minimum weekly baseline service level of one pickup
per week for solid waste handling services throughout the City.
(h)
Applicant
must provide a minimum baseline service level of one pickup per month
for source separated recycling handling services.
(Added by Ord. No. 1717CCS §
5, adopted 1/18/94; amended by Ord. No. 1753CCS § 1, adopted 7/12/94)
(a)
The
City Council may establish a monthly solid waste handling fee to be
paid by Solid Waste Enterprises in order to fund both the centralized
collection and management of recyclable materials from commercial
and industrial businesses and administrative enforcement of the waste
diversion goals set forth in State law. The amount of, or rate structure
for, the monthly solid waste handling fee shall be established by
resolution of the City Council.
(b)
The
City Council may require the adoption of any Solid Waste Enterprise
of a capacity/frequency refuse rate structure which shall be in substantial
compliance with applicable provisions of a resolution of the City
Council.
(Added by Ord. No. 1753CCS §
2, adopted 7/12/94)
The Director of General Services is empowered to adopt regulations
governing the administration of this Chapter and the activities of
permittees in order to implement the provisions of this Chapter and
the applicable resolutions of the City Council. The regulations adopted
by the Director of General Services shall be considered conditions
of any enterprise permit issued pursuant to this Chapter.
(Added by Ord. No. 1717CCS §
6, adopted 1/18/94)
All enterprise permits issued pursuant to this Chapter shall
expire on June 30th of each year. However, any enterprise permit issued
prior to June 30, 1994 may be issued with an expiration date of June
30, 1995. Enterprise permits may be renewed if the permittee submits
an application for renewal at least thirty days prior to the expiration
of the enterprise permit on a form prescribed by the Director of General
Services accompanied by the applicable fee specified by resolution
of the City Council. The Director of General Services shall renew
the enterprise permit if, during the term of the enterprise permit,
the permittee has complied with the provisions of this Chapter, the
resolutions of the City Council adopted to implement the provisions
of this Chapter, the regulations adopted by the Director of General
Services, any special conditions placed upon the enterprise permit
and has obtained all necessary permits, licenses and other approvals
required under this Code or pursuant to State or Federal law.
(Added by Ord. No. 1717CCS §
7, adopted 1/18/94)
Prior to issuing an enterprise permit, and at all times during
the period that the enterprise permit is in effect, the permittee
shall obtain and maintain the types and minimum amounts of insurance
coverage, plus all other requirements, specified by resolution of
the City Council.
(Added by Ord. No. 1717CCS §
8, adopted 1/18/94)
(a)
Permittee
shall provide City with a certificate of deposit or other form of
security acceptable to the City, in the sum specified by resolution
of the City Council to insure compliance with the duties and obligations
imposed by the provisions of this Chapter.
(b)
In
lieu of revoking or suspending an enterprise permit, or as a condition
of reinstating a previously revoked or suspended enterprise permit,
the Director of General Services may stay the revocation or suspension
of an enterprise permit or allow the reinstatement of an enterprise
permit, if the permittee agrees to the application of the performance
deposit, or other form of security, to any costs incurred by the City
of Santa Monica arising from violations by a solid waste or recycling
enterprise of this Chapter, resolutions adopted to implement this
Chapter, regulations issued by the Director of General Services or
any condition of the enterprise permit or any other applicable City,
State or Federal law or regulation.
(c)
If the deposit or other form of security is applied by the Director of General Services pursuant to subsection (b) of this Section to the costs incurred by the City arising from a violation by a solid waste or recycling enterprise, the solid waste or recycling enterprise must bring the level of the deposit back to the required amount specified by resolution of the City Council within thirty days of notification by the City.
(Added by Ord. No. 1717CCS §
9, adopted 1/18/94)
Each permittee, as a condition of the enterprise permit, shall
indemnify, defend, and hold harmless the City, its City Council, boards,
commissions, officers, agents, employees and volunteers with respect
to any loss, liability, injury or damage that arises out of, or is
in any way related to, the acts or omissions of permittee, its employees,
officers, and agents in the performance of any activity, function,
or duty authorized by, or required under the terms of, the enterprise
permit.
(Added by Ord. No. 1717CCS §
10, adopted 1/18/94)
(a)
Each
permittee shall, as a condition to the enterprise permit, provide
the City with information regarding the solid waste, refuse and source
separated recyclable materials collected in the City of Santa Monica
in compliance with the reporting format of the Director of General
Services. The format and frequency of the reports shall be set forth
in regulations adopted by the Director of General Services. The information
to be provided shall include, without limitation, the following:
(1)
A statement of the monthly volume of service by capacity and frequency.
(2)
Monthly weight records of all solid waste, refuse and source separated
recyclable materials generated or diverted in the City by category
(commercial and industrial) and the landfill or recycling destination
of the solid waste, refuse or source separated recyclable materials.
(3)
Copy of any schedule of charges for solid waste handling services,
which is mandated by resolution of the City Council and adopted pursuant
to Santa Monica Municipal Code Section 5.08.430(5).
(4)
Copies of solid waste studies conducted by, or on behalf of, the
permittee.
(5)
Solid waste enterprises and recycling enterprises shall maintain
all records relating to the services provided, including service agreements
or contracts, customer lists, billing records, refuse, source separated
recyclable commodity or solid waste material destination records and
customer complaints for the full term for the service agreement or
contract, and an additional period of not less than three years, or
any longer period mandated by Federal, State or local law. The City
shall have the right, upon five business days’ advance notice,
to inspect and audit all records relating to the enterprise permit.
Such records shall be made available to the City at the applicant’s
regular place of business, or at a location within the County of Los
Angeles.
(b)
Each
permittee shall provide representative solid waste, refuse or source
separated recyclable material loads for sorting by County of Los Angeles
and City of Santa Monica solid waste consultants at the times and
locations specified in a written request from the Director of General
Services.
(c)
Each
permittee shall permit access by City or County employees to all locations
under the control or supervision of the permittee where solid waste
handling services or source separated recycling handling services
occur.
(Added by Ord. No. 1717CCS §
11, adopted 1/18/94)
Each permittee shall, as a condition to the enterprise permit,
comply with all recycling requirements. Upon request of the Director
of General Services, each permittee shall provide proof of compliance
with any applicable law, ordinance, regulation or special condition
of the enterprise permit.
(Added by Ord. No. 1717CCS §
12, adopted 1/18/94)
The Director of General Services may revoke, suspend or deny an enterprise permit, or invoke the provision of Section 5.08.470, for any of the following reasons:
(1)
Permittee
cannot, or has ceased to, comply with the requirements for issuance,
maintenance, validity or renewal of an enterprise permit;
(2)
Permittee
cannot, or has failed to, comply with the provisions of this Chapter
or resolutions of the City Council adopted to implement this Chapter;
(3)
Permittee
has violated provisions of the Code or other applicable laws;
(4)
Permittee
has violated the regulations adopted by the Director of General Services
pursuant to the authority granted by this Chapter; or
(5)
Permittee
has failed to comply with any special conditions imposed upon, or
made a part of, the enterprise permit.
(6)
Permittee
has failed to provide the minimum level of service mandated by the
provisions of this Chapter or set forth in a service agreement or
contract between a solid waste enterprise or recycling enterprise
and its customer.
(7)
The
enterprise permit was issued as a result of a mistake of an officer
or employee of the City contrary to the terms of this Code or applicable
provisions of state or federal laws or regulations. If a Hearing Examiner
finds that such enterprise permit was issued in contravention of this
Code or other applicable law, the Hearing Examiner shall order the
enterprise permit revoked and the fee for the unexpired portion of
the enterprise permit shall be refunded. After the revocation, all
activity for which such enterprise permit was required shall be immediately
discontinued.
(Added by Ord. No. 1717CCS §
13, adopted 1/18/94)
Any solid waste enterprise or recycling enterprise aggrieved by the denial, revocation or suspension of an enterprise permit by the Director of General Services may appeal to a Hearing Examiner in accordance with Section 5.08.530. For purposes of this Code, revocation shall include a decision to deny an application to grant, renew or reinstate an enterprise permit.
There shall be no right of appeal as to the determination of
the amount of any fee or the amount of any bond required by this Chapter
or pursuant to any resolution of the City Council.
(Added by Ord. No. 1717CCS §
13, adopted 1/18/94)
(b)
Standards.
The Hearing Examiner may suspend, revoke or deny an enterprise permit,
whenever, in the reasonable judgment of the Hearing Examiner, the
suspension, revocation or denial is in accordance with this Code and
any other applicable law.
(c)
Rules. The City Council may, by resolution, establish rules
for the conduct of the hearing before the Hearing Examiner. In the
absence of such rules, the Hearing Examiner shall be governed by those
rules generally applicable to administrative proceedings conducted
under Administrative Procedures Act of the State of California.
(d)
Hearing. Any solid waste enterprise or recycling enterprise
aggrieved by an action appealable to a Hearing Examiner shall be entitled
to a hearing upon filing a written request therefor with the City
Clerk not later than the tenth day following the mailing of a notice
of the action from which the appeal is taken. The Hearing Examiner
shall hold a hearing not later than thirty days following receipt
of the request by the City Clerk, unless an extension of the time
therefor is granted by the Hearing Examiner.
The solid waste enterprise or recycling enterprise shall be
given no less than five days’ notice of the time and place of
said hearing. The hearing shall be open to the public. Any interested
party is entitled to be heard and may be represented by counsel.
(e)
Decision of Hearing Examiner. The decision of the Hearing
Examiner shall be made within forty-five days of the conclusion of
the hearing. Notice of the decision shall be mailed to the solid waste
enterprise or recycling enterprise at its last known mailing address
within fifty days of the conclusion of the hearing.
(f)
Stay Pending Hearing. The suspension or revocation of any
enterprise permit for which an appeal has been timely filed with the
City Clerk, shall be stayed pending the decision of the Hearing Examiner.
Nothing in this subsection shall be construed to require any officer
or employee of the City to issue any enterprise permit.
(g)
Review of Hearing Examiner’s Decision. Thirty days after
the Hearing Examiner’s decision is delivered or mailed to the
affected permittee, the stay of any suspension or revocation shall
expire, unless a stay of execution by a court of competent jurisdiction
is issued. The Hearing Examiner’s decision in all cases is final
except for judicial review. Such review must be sought by petition
under Code of Civil Procedure Section 1094.5, not later than ninety
days after the decision is issued.
(Added by Ord. No. 1717CCS §
14, adopted 1/18/94)
No enterprise permit issued pursuant to the provisions of this
Chapter shall be transferable by assignment, sale, hypothecation,
operation of law or otherwise without the express written permission
of the Director of General Services. Transfer of an enterprise permit
shall include, but not be limited to, the sale or transfer of fifty
percent or more of the ownership or voting rights of a corporate solid
waste enterprise or recycling enterprise.
(Added by Ord. No. 1717CCS §
16, adopted 1/18/94)
The fees and permits required by this Chapter shall be in addition
to any license, permit or fee required by any other Chapter of this
Code or other applicable state or federal law.
(Added by Ord. No. 1717CCS §
17, adopted 1/18/94)
(b)
Any
person using a Public Works service program must pay a user fee in
an amount to be set by resolution of the City Council, which fee shall
not exceed the City’s cost to provide each Public Works service
program.
(Added by Ord. No. 2389CCS §
1, adopted 1/10/12)
(a)
No
person shall bathe or wade in, enter into, be present in, or remain
in, any fountain in the Third Street Promenade. No person shall allow
any animal in his or her custody to bathe or wade in, enter into,
be present in, or remain in any fountain in the Third Street Promenade.
(b)
Any
person violating this Section shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty dollars.
(c)
The
prohibitions contained in this Section against persons entering the
fountains shall not apply to City law enforcement personnel, City
maintenance workers, or other persons acting under the authority of
the City.
(Added by Ord. No. 1858CCS §
1, adopted 7/30/96)
