Except as herein provided, that certain solid waste ordinance
known and designated as Ordinance No. 11,886 of the county of Los
Angeles entitled Solid Waste Ordinance of the County of Los Angeles,
as adopted and in effect on April 13, 1979, is adopted be reference
and incorporated as fully as if set out at length herein, and shall,
in conjunction with other applicable ordinances of the city of San
Dimas, be the solid waste ordinance of the city, establishing minimum
standards for solid waste handling and disposal. Three copies of said
ordinance have been deposited in the office of the city clerk and
shall be maintained at all times by the clerk for use and examination
by the public.
(Ord. 690 § 1, 1980)
Whenever any of the following names or terms are used in the
solid waste ordinance of the county of Los Angeles, each name or term
shall be deemed and construed to have the meaning described to it
in this section.
means the city council of the city of San Dimas.
means the city of San Dimas.
means the health officer of the city of San Dimas.
(Ord. 690 § 1, 1980)
The following sections of the Los Angeles County solid waste
ordinance, adopted in this chapter as the solid waste ordinance of
the city, are amended to read as follows:
A.
Section 401(a). Subsection (a) of Section 401 is amended to read as follows:
(a)
Enforce all provisions of Chapter 8.12 of the San Dimas Municipal Code, of any franchise agreement entered into pursuant thereto, of the county of Los Angeles Solid Waste Ordinance, the Z'berg-Kapiloff Solid Waste Control Act of 1976, and the regulations adopted thereunder, and under Section 66770 pertaining to the minimum standards for solid waste handling and disposal for the protection of air, water, and land from pollution and nuisance, and for the protection of public health.
B.
Section
704. Section 704 is amended to read as follows:
Section 704. Enforcement. With respect to the activities of waste collectors, the enforcement agency shall enforce the requirements of Chapter 8.12 of the San Dimas Municipal Code, of any franchise agreement entered into pursuant thereto of the Los Angeles County Solid Waste Ordinance, the Z'berg-Kapiloff Solid Waste Control Act of 1976, and the regulations adopted thereunder, and under Section 66770 pertaining to the minimum standard for solid waste storage or removal.
(Ord. 690 § 1, 1980)
In the event of any inconsistency between the Los Angeles County solid waste ordinance and any other provisions of Chapter 8.12 of the San Dimas Municipal Code, such other provisions of Chapter 8.12 not inconsistent with state law shall prevail. The provisions of the Los Angeles County solid waste ordinance shall not be interpreted nor applied in any manner which would contravene, supersede, or render invalid any contractual obligation which the city has to any existing franchisee by virtue of an exclusive franchise agreement for the collection, disposal, and destruction of solid waste.
(Ord. 690 § 2, 1980)
The Los Angeles County solid waste ordinance contains certain
penalty clauses which, pursuant to Section 50022.4 of the California
Government Code, are set forth in full herein as follows:
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Section 205. Failure to Obtain Permit. Every person
who engages in waste collection and solid waste facility activities
for which a permit is required by this ordinance is guilty of a misdemeanor
if:
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(a)
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The person does so without having obtained a permit and having
paid the required fee, or
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(b)
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If such person obtained a permit but has failed to pay the annual
operating fee, or the permit has subsequently expired or been suspended,
or revoked, or denied.
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Section 910. Civil Penalty.
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(a)
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Any person who operates a solid waste facility except as permitted
by a solid waste facility permit, or who owns a disposal site and
intentionally or negligently causes or permits the operator of such
disposal site to violate a solid waste facilities permit or to operate
such disposal site without a solid waste facilities permit, or who
intentionally or negligently violates any standard adopted by the
Board for the storage or removal of solid waste, shall be subject
to civil penalty not to exceed One thousand dollars for each day such
violation or operation occurs.
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(b)
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The attorney authorized to act on behalf of the enforcement
agency, at the request of the enforcement agency, shall petition the
Superior Court to impose, assess, and recover the sums provided in
Subdivision (a).
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(c)
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Remedies under this section are in addition to and do not supersede
or limit, any other remedies, civil or criminal.
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(Ord. 690 § 3, 1980)
