HomeMy WebLinkAboutOrdinance 2258 N.C.S. 12/18/2006 EFFECTIVE DATE ORDINANCE NO. 2258 N.C.S.
OF ORDINANCE
January 18, 2007
1 Introduced by Seconded by
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4 Mike Healy Mike O'Brien
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7 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
8 AMENDING CHAPTER 8.16 OF TITLE 8 OF THE PETALUMA MUNICIPAL CODE,
9 "GARBAGE AND RUBBISH DISPOSAL" BY AMENDING
10 SECTIONS 8.16.010, 8.16.110 AND 8.16.115 OF SAID TITLE 8
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12 WHEREAS, the City of Petaluma, in accordance with the California Integrated Waste
13 Management Act of 1989 ("Act") and subsequent additions and amendments, codified at
14 Public Resources Code §§40000 et seq., is required to divert fifty percent (50%) of discarded
15 materials from landfills; and,
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17 WHEREAS, to help meet this requirement, maximize the reduction of solid waste in landfills
18 and increase re-use and recycling options, on January 23, 2006, the City Council of the City of
19 Petaluma adopted Resolution No. 2006-018 N.C.S., allowing the collection and disposal of
20 construction and demolition debris (C&D") and commercial recyclable materials from debris
21 boxes (also called drop boxes) on anon-exclusive basis; and,
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23 WHEREAS, the collection authorized by Resolution No. 2006-018 N.C.S. is subject to strict
24 collection, diversion, reporting and disposal requirements through a uniform non-exclusive
25 franchise agreement required of all entities seeking to perform debris or drop box C&D and
26 commercial recycling pickup and disposal in the City of Petaluma; and,
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28 WHEREAS, in order to fairly and equitably regulate debris and drop box CB~D and
29 commercial recycling pickup and disposal in the City of Petaluma and achieve maximum use of
30 mechanisms for the solid waste reduction, re-use and recycling, the City Council has determined
31 that entering into the uniform non-exclusive franchise agreement shall be a condition of issuing
32 a business license for any person or entity seeking to collect debris and drop box C&D and
33 commercial recyclables in the City of Petaluma; and,
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35 WHEREAS, the City Council finds that it is in the City's interest, and will, promote the public
36 health, safety and welfare to secure maximum compliance with the collection, diversion,
37 reporting and disposal requirements set forth in the uniform non-exclusive franchise agreement;
38 and,
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40 WHEREAS, providing additional enforcement methods to address any failure to obtain
41 the required nonexclusive franchise agreement will promote compliance with that requirement
42 and protect the public health, safety and welfare.
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44 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Ordinance No. 2258 N.C.S. Page 1
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2 SECTION 1. The recitals set forth above are true and correct.
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4 SECTION 2. Title 8, Chapter 8.16, Section 8.16.010, "Definitions", of the Petaluma
5 Municipal Code is hereby amended by adding subsection 8.16.010(F) at the end of said
6 section:
7 F. "Drop box" means a type of debris box used for the accumulation
8 of rubble or debris:
9 1. Generated by construction, demolition, remodeling or
10 alteration of any building, structure or excavation project;
11 and/or
12 2. Containing one hundred percent (100%) recyclable
13 materials generated by commercial premises.
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15 SECTION 3. Title 8, Chapter 8.16 of the Petaluma Municipal Code is
16 amended by repealing and replacing Section 8.16.1 10 as follows:
17 Section 8.16.110 Violations.
18 It is unlawful for any person, firm or corporation to collect and/or remove
19 or cause to be collected and/or removed any garbage, refuse, rubble, rubbish
20 or debris within the city contrary to the provisions of this chapter. The provisions of
21 this chapter shall be enforced qursuant to chapters 1.0 through 1.15 of this code.
22 Any such person, form or corporation violating or causing the violation of any
23 provision of this chapter shall be guilty of a misdemeanor and upon conviction
24 thereof shall be punished by a fine not exceeding one thousand dollars, or by
25 imprisonment in the county jail not exceeding six months; or both.
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27 SECTION 4. Title 8, Chapter 8.16 of the Petaluma Municipal Code is
28 amended by repealing and replacing Section 8.1 b.l 15 as follows:
29 Section 8.16.115 Collection of debris boxes.
30 Debris boxes shall be collected only by persons holding a valid business
31 license issued by the city for such collection. No business license shall be issued
32 for drop box collection without the applicant having previously entered into a
33 non-exclusive franchise agreement with the city for the collection of construction
34 and demolition debris and/or commercial recyclable material. Said debris boxes
35 and/or drop boxes shall contain only those materials described in .Sections
36 8.16.010(E) and 8.16.O101F1.
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38 SECTION 5. In adopting this Ordinance, the City Council specifically intends to maintain
39 in full force all other provisions of Title 8, Chapter 8.16 of its Municipal Code.
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41 SECTION 6. If any section, subsection, sentence, clause, phrase or word of this ordinance
42 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
43 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
44 affect the validity of the remaining portions of this ordinance. The City Council of the City of
45 Petaluma hereby declares that it would have passed and adopted this ordinance and each
Ordinance No. 2258 N.C.S. Page 2
1 and all provisions thereof irrespective of the fact that any one or more of said provisions. be
2 declared unconstitutional, unlawful or otherwise invalid.
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4 SECTION 7. The City Council finds that adoption of this ordinance is exempt from the
5 California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(6) (3) (no possibility
6 that the activity may have a significant impact on the environment) and 15060(c) (3) (the
7 activity is not a project as defined in Section 15378) of-the CEQA Guidelines (Title 14, Chapter 3
8 of the California Code of Regulations).
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10 SECTION 8. This ordinance shall become effective thirty (30) days after the date of its
11 adoption by the Petaluma City Council.
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13 SECTION 9. The City Clerk is hereby directed to publish or post this ordinance or a
14 synopsis of it for the period and in the manner provided by the City Charter and any other
15 applicable law.
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19 INTRODUCED and ordered posted/wed this 4'h day of December, 2006.
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21 ADOPTED this 18'h day of December, 2006 by the following vote:
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23 AYES: Mayor Glass, Healy, Vice Mayor Nau, O'Brien
24 NOES: None
25 ABSENT: Harris, Torliatt
26 ABSTAIN: None
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32 David Glass, r
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35 ATTEST: APPROVED AS TO F RM:
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39 Deborah L. Padovan, Deputy City Clerk Eric W. Danly, City Att ey
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Ordinance No. 2258 N.C.S. Page 3