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CC Ordinance 1774ORDINANCE NO. 1774 BEING AN ORDINANCE OF THE CITY OF CAMPBELL AMENDING TITLE 6, CHAPTER 6.04 ENTITLED "GARBAGE AND RUBBISH DISPOSAL" OF THE CAMPBELL MUNICIPAL CODE The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 6.04 of the Campbell Municipal Code be amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption, and shall be published once within 15 days upon passage and adoption in the San Jose Mercury, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 21st day of November 1989, by the following roll call vote: AYES: Councilmembers: KOTOWSKI, BURR, CONANT, ASHWORTH NOES: Councilmembers: NONE ABSENT : Councilmembers: WATSON APPROVED: o n Ashworth, Mayor +i ATTEST: EXHIBIT A Section 6.04.010, Definitions should be amended to include: 7) "Recyclable Materials" means any paper, glass, cardboard, plastic, used motor oil, ferrous metal or aluminum and any other recyclable material that has been segregated from other refuse by placing in separate containers or by other such physical separation and placed for collection separately from garbage, refuse, rubbish or other waste. Section 6.04.020, Regulations for Accumulation, should be amended to add language regarding storage within buildings, or outside but within five feet of a combustible surface: 6.04.020 Regulations for Accumulation It is unlawful for any person to deposit, keep, accumulate, or permit or cause any refuse to be deposited, kept, or accumulated upon any lot or parcel of land, streets, and alleys or drives, unless the same is kept, deposited, or allowed to accumulate in galvanized metal receptacles provided with handles, or acceptable plastic container. Storage within buildings, or outside and within 5 feet of a combustible surface, must be within a metal receptable. Storage of combustibles within a building in individual containers of 1.5 cubic yards or greater shall be provided with a one -hour occupancy separation from the remaining area of the building or protected by an automatic fire sprinkler head(s). Outside storage within 5 feet of combustible surfaces may be allowed when protected by an automatic fire sprinkler head. Receptacles shall have a capacity of not less than ten gallons, nor more than thirty-two gallons, unless an approved container of larger size is provided by the contractor, and the receptacles shall be provided with close -fitting metal lids or covers which shall be kept closed at all times except when necessarily opened to permit deposit or removal of refuse. Container shall be kept in sanitary condition by owners and free of holes that might cause leakage. No container, when filled, shall weigh more than seventy pounds. Tree trimmings and other similar items which cannot be conveniently placed in containers shall be cut into lengths not over four feet and tied into bundles not over eighteen inches in diameter by the occupant of the premises and presented in such manner that they do not present a menace tc health, safety, or traffic. (Ord. 1619, Sub -section 782 (part), 1971;4: prior code Sub -section 5201). Section 6.04.080, Minimum Service Containers, should be amended to add apartments and multi -family residential to those occupancies for which the Fire Chief may require more than once -per -week service. 6.04.080 Minimum Service Containers (a) Commercial, business, apartments, multi -residential, and industrial manufacturing must have the minimum of once a week service or more as directed by the Fire Chief, or his duly appointed assistant, if they find that once -a -week service is inadequate to prevent the accumulation of excess waste material. Each separte occupancy shall have its own Page 2 container, or access to a container large enough to dispose of all waste material generated by all occupancies using the container. All rubbish containers shall be of metal material only. (b) Each commercial, business, industrial, apartments, multi -residential, or manufacturing shall maintain its refuse container(s) in an area(s) approved by the Fire Department in accordance with the following criteria: containers shall be within an enclosure(s) constructed and consisting of a concrete floor surrounded by a sight -obscuring solid wall or fence and having self -closing doors of a size approved by the Fire Department. (Ord. 901 Sub -section 1 (part), 1973: Ord. 782 (part), 1971: Prior code Sub -section 5201.6). The following sections should be added to the code: 6.04.240 Collection of Recyclable Materials - Contract The City Council may enter into an agreement with any contractor, granting to such contractor the exclusive right and privilege of collecting, processing and marketing recyclable materials from designated dwellings within the City, according to the terms and conditions of such an agreement. 6.04.250 Collection of Recyclable Materials - Fees The City Council may determine the manner in which recycling services are to be provided in the City. The Council shall determine by resolution any fee to be imposed and collected from residential or commercial occupancies served by recyclable material collection programs provided by the City or City's contractor and the manner in which the fee is to be collected. Residential or commercial ocuppancies shall be notified of any new or amended fee at least thirty days prior to its implementation. 6.04.260 Removal of Recyclable Materials No person other than the authorized recycling contractor shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other recyclable materials which have been segregated from other refuse, placed in designated containers separated from refuse and placed at a designated collection location for purposes of collection and recycling. 6.04.070 Recyclable Materials - Donation or Sale Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of his/her recyclable materials.