This chapter shall be known and may be cited as the "Solid Waste Handling and Recycling Services Ordinance" of the City.
(Prior code § 14-1; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)
A.
The City Council finds and determines as follows:
1.
In order to meet the requirements of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.), including source reduction of the solid waste stream, diversion of solid waste from landfills and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial and residential premises, and to encourage recycling of solid waste materials.
2.
The mandates of the Environmental Protection Agency, the Southern California Air Quality Management District, and other regulatory agencies, concerning air pollution and traffic congestion management, require the regulation and, where possible, reduction in the number, of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution.
3.
A reduction in the number of waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety.
4.
The storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare.
5.
Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare.
6.
The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of refuse bins and containers, and by providing for accountability to the public.
7.
The public health, safety and welfare will best be served by providing for one or more exclusive contracts for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the limited rights of State facilities to use a collector other than the collector with an exclusive contract.
B.
This chapter is enacted by the City Council pursuant to the following statutory authorization and in order to accomplish the objectives set forth in this chapter:
1.
Public Resources Code Section 40059 authorizes the City to determine: (a) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (b) whether the services are to be provided by means of nonexclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding.
2.
Public Resources Code Section 49300 provides that the City may, pursuant to terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter.
3.
Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City.
4.
It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the City Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.
(Prior code § 14-2.1; Ord. 1450 § 1, 1996; Ord. 21-1722 § 2)