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HomeMy WebLinkAbout1990-09-25 - AGENDA REPORTS - COLLECTION RECYCLABLE MATERIAL (2)AGENDA REPORT City Manager Approval Item to be presented NEW BUSINESS John E. Medina DATE: September 25, 1990 SUBJECT: ORDINANCE TO PROHIBIT THE COLLECTION OF RECYCLABLE- MATERIALS BY UNAUTHORIZED PERSONS Ordinance Number: 90-26 Ordinance Number: 90-32 DEPARTMENT: Public Works BACKGROUND Prior to the implementation of the Phase One Recycling program set forth by the preceding Memorandum of Understanding, it is necessary to adopt legislation prohibiting the unauthorized collection of materials deemed to be recyclable. Staff now feels it is necessary to adopt such an "anti -scavenger" ordinance as research indicates the scavenging of recyclable materials is a major detriment to City-wide participation in recycling efforts. Violators of such anordinance will be subject to a progressive infraction, which, after the third such incident will from then on be considered a misdemeanor. By making a violation of this ordinance a progressive infraction, local authorities will be more inclined to enforce such an ordinance. That Council, due to the time adopt Ordinance Number 90-26 as Ordinance Number 90-32 and pass ATTACHMENT Ordinance 90-26 Ordinance 90-32 /gmm constraints of the Memorandum an urgency ordinance and waive to second reading. 9D Adopted: ted: D to of Understanding, first reading of Agenda Item: 0 CITY OF SANTA CLARITA ORDINANCE NO. 90-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA TO PROHIBIT THE COLLECTION BY UNAUTHORIZED PERSONS OF RECYCLABLE MATERIAL AND FIX PENALTIES FOR THE VIOLATION THEREOF, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. Collection of recyclable materials by unauthorized persons. A. Findings. The City Council of Santa Clarita hereby finds .as follows: (1) Assembly Bill 939 of the California State Legislature has ordained that all California Cities reduce the amount of solid waste going to landfills by twenty-five percent by the year 1995 and fifty.percent by the year 2000. (2) Reduction of the amount of solid waste and conservation of recyclable materials is an important public concern by reason of the growing problem of solid waste disposal and its impact on landfills; (3) Recycling will reduce the overall amount of solid waste presently generated, and thus reduce storage, collection, transportation and disposal costs, and; (4) Based upon the foregoing facts, the City of Santa Clarita will in October 1990 initiate a recycling program, which through a series of phases will culminate into a mandatory City-wide recycling program in April of 1991. Under this, all residences in the City of Santa Clarita will be provided with containers in which to place recyclable materials for collection at curbside by the City of Santa Clarita or its designated agent(s). B. Definitions. (1) Recyclable Material means materials having an economic or ecological value. The following materials have such economic value: aluminum cans, bi-metal cans, glass containers, PET plastic, HDPE containers, steel cans and newspaper. n Ordinance No. 90-26 Page 2 C. COLLECTION OF RECYCLABLE MATERIALS BY UNAUTHORIZED PERSONS. VIOLATION AND PENALTY. (1) From.time of placement of recyclable materials at the curb or in recycling shelters for collection in accordance with the City of Santa Clarita Recycling Program, such recyclable materials shall be and become the property of the City of Santa Clarita or its duly authorized agent(s). It shall be a violation of this ordinance for any person unauthorized by the City of Santa Clarita to collect or pick up or cause to be collected or picked up any such items. Any -and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense, punishable as hereinafter provided. (2) From date of phase one implementation of aforementioned recycling program to commencement date of City-wide mandatory program, only the areas designated by the Director of Public Works, hereinafter referred to as "Zones", will be regarded as such areas that only authorized agent(s) of the City of Santa Clarita , as identified in the Memorandum of Understanding, shall have exclusive right-of-way in regard to the collection of recyclable materials. (3) Each violation determined to be an infraction shall be punishable by a fine of no more than $100 for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of no more than $200 for the second violation and no more than $500 for the third violation in a 12 -month period as provided by applicable law. The fourth and any further violations of this title within a 12 -month period shall be deemed as separate misdemeanors. D. Additional methods of disposal of recyclable materials. Nothing in this ordinance shall limit the right of any person to donate, sell, or otherwise dispose of his or her own recyclable materials. SECTION 2. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public peace, health or safety of our City. The facts constituting the urgency are these: California State Assembly Bill 939 has mandated that every city reduce the amount of waste disposal going to landfills twenty-five percent by the year 1995 and fifty percent.by the year 2000. In accordance with AB939 and set forth in the Memorandum of Understanding between local city haulers and Santa Clarita, the City shall implement a recycling program which shall begin on October 15, 1990 to satisfy the constraints of AB939. Staff has determined that the scavenging of recyclable materials would be a major detriment to a city-wide participation in recycling efforts. Thus, to preserve the integrity of such a recycling program, this urgency ordinance shall take effect immediately, upon a 4/5ths vote of the City Council. 0 Ordinance No. 90-26 Page 3 SECTION 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 25th day of September , 1990. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) I, Donna Grindey, City Clerk of the City -of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90-26 was regularly introduced and duly adopted as an urgency ordinance at a regular meeting of the City Council on the 25th day of September , 1990, by the following vote, to wit: AYES: Boyer, Heidt, Klajic, McKeon, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hone MAYOR /gmm 0 0 • CITY OF SANTA CLARITA ORDINANCE NO. 90-32 AN ORDINANCE OF THE CITY COUNCIL OF THE .CITY OF SANTA CLARITA TO PROHIBIT THE COLLECTION BY UNAUTHORIZED PERSONS OF RECYCLABLE MATERIAL AND FIX PENALTIES FOR THE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. Collection of recyclable materials by unauthorized persons. A. Findings. The City Council of Santa, Clarita hereby finds as follows: (1) Assembly Bill 939 of the California State Legislature has ordained that all California Cities reduce the amount of solid waste going to landfills by twenty-five percent by the year 1995 and fifty percent by the year 2000. (2) Reduction of the amount of solid waste and conservation of recyclable materials is an important public concern by reason of the growing problem of solid waste disposal and its impact on landfills; (3) Recycling will reduce the overall amount of solid waste presently generated, and thus reduce storage, collection, transportation and disposal costs, and; (4) Based upon the foregoing facts, the City of Santa Clarita will in October 1990 initiate a recycling program, which through a series of phases will culminate into a mandatory City-wide recycling program in April of 1991. Under this, all residences in the City of Santa Clarita will be provided with containers in which to place recyclable materials for collection at curbside by the City of Santa Clarita or its designated agent(s). B. Definitions. (1) Recyclable Material means materials having an economic or ecological value. The following materials have such economic value: aluminum cans, bi-metal cans, glass containers, PET plastic, HDPE containers, steel cans and newspaper. 0 0 Ordinance No. 90-32 . Page 2 C. COLLECTION OF RECYCLABLE MATERIALS BY UNAUTHORIZED PERSONS. VIOLATION AND PENALTY. (1) From time of placement of recyclable materials at the curb or in recycling shelters for collection in accordance with the City of Santa Clarita Recycling Program, such recyclable materials shall be and become the property of the City of Santa Clarita or its duly authorized agent(s). It shall be a violation of this ordinance for any person unauthorized by the City of Santa Clarita to collect or pick up- or cause to be collected or picked up any such items.. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided. (2) From date of phase one implementation of aforementioned recycling program to commencement date of City-wide mandatory program, only the areas designated by the Director of Public Works, hereinafter referred to as "Zones", will be regarded as such areas that only authorized agent(s) of the City of Santa Clarita , as identified in the Memorandum of Understanding, shall have exclusive right-of-way in regard to the collection of recyclable materials. • (3) Each violation determined to be an infraction shall be punishable by a fine of no more than $100 for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of no more than $200 for the second violation and no more than $500 for the third violation in a 12 -month period as provided by applicable law. The fourth -and any further violations of this title within a 12 -month ' period shall be deemed as separate misdemeanors. D. Additional methods of disposal of recyclable materials. Nothing in this ordinance shall limit the right of any person to donate, sell, or otherwise dispose of his or her own recyclable materials. SECTION 2. The .City Clerk shall certify to the passage of this ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this day of , 1990. MAYOR 0 Ordinance No. 90-32 • Page 3 ATTEST: CITY CLERK is 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90-32.was regularly introduced and duly adopted as an urgency ordinance at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: V/ MOR 0 'gmM