HomeMy WebLinkAboutOrd 1207-1997ORDINANCE NO. 17~7-97
AN ORDINANCE AMENDING CHAPTER 6.56 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE RELATING TO JUNK
CO!.I.ECTORS
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Existing Chapter 6.56 Repealed.
Chapter 6.56 of the South San Francisco Municipal Code, as previously adopted, is hereby
repealed in its entirety.
SECTION 2. New Chapter 6.56 Adopted.
Chapter 6.56, entitled uJUNK COLLECTORS," is hereby added to the South San Francisco
Municipal Code to read, in its entirety, as follows:
Section 6.56.010 Definitions.
The terms defined in this section shall be for use in interpreting and applying this chapter and
other related ordinances of the City of South San Francisco. The terms used in this chapter but
not defined in this section shall have the meanings assigned them in chapters 8.16 and/or 8.28
of this Code.
(a) "Charitable entity" means any not-for-profit organization or entity maintained for
community service, education or the public good, including service clubs, scouting
organizations, religious and educational organizations and recognized charities.
(b) "Construction debris" means construction materials generated during the
construction or renovation of a residential, commercial and industrial or institutional
property.
(c) "Demolition debris" means used construction materials generated during the
razing or renovation of a residential, commercial and industrial or institutional
property.
(d) "Person" includes, without limitation, a natural person, group of persons,
partnership, firm, corporation, public or municipal corporation or association.
(e) "Junk collector" means a person that is licensed with the City of South San
Francisco to collect source separated recyclable materials and source separated
salvageable materials from the person generating such materials in accordance with
this chapter.
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(f) "Recyclable materials" means solid waste which may be reused or processed into a
form suitable for reuse through reprocessing or remanufacture consistent with the
requirements of the California Integrated Waste Management Act of 1989, including,
without limitation, paper, newsprint, printed matter, pasteboard, paper containers,
cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers,
compostable materials (including yard waste), and wood, brick and stone in reusable
size and condition. Recyclable materials shall include those items of construction
debris and demolition debris which are described in this subparagraph (f).
(g) "Salvageable materials" means used articles capable of being restored or resold for
reuse, in either case without reprocessing or remanufacture, including antiques, used
building supplies and automobiles and automobile parts. Salvageable materials shall
include those items of construction debris and demolition debris which are described in
this subparagraph (g).
(h) "Solid waste" means all putrescible and nonputrescible residential refuse,
commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as
defined in Public Resources Code Section 40191, including, without limitation, for the
purposes of this chapter (except where specifically excluded) construction debris,
demolition debris, recyclable materials and salvageable materials, but excluding
hazardous waste and household hazardous waste.
(i) "Source separated" means, as to recyclable materials, materials that have been
separated from solid waste that is not recyclable material and from all other types of
recyelable materials by the person generating such solid waste or reeyclable materials
at the residential, commercial and industrial or institutional property where such solid
waste or recyelable materials are generated, to form one readily identifiable category of
recyclable material as set forth in subparagraph (f) above that are saleable without
further sorting; and as to salvageable materials, materials that have been separated
from solid waste that is not salvageable material by the person generating such solid
waste or salvageable materials at the residential, commercial and industrial or
institutional property where such solid waste or salvageable materials are generated.
For example, cardboard that has been separated by a business from glass, PET plastic
and wet garbage is source separated so long as the separation is accomplished by the
generator at the commercial and industrial property where all of such items are
generated and all of such items are generated by such business.
(j) "Yard waste" means tree trimmings, grass cuttings, dead plants, leaves, branches
and dead trees (not more that six (6) inches in diameter) and similar materials
generated at a residential property, commercial and industrial property or institutional
property..
Section 6.56.020 permit required-fees prohibited.
It is unlawful for any person to collect recyclable materials or salvageable materials in the City
of South San Francisco or engage in the business of junk collector in the City of South San
Francisco without first obtaining a permit from the city for that purpose as hereinafter
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provided. Failure to obtain a permit as required by this section is a misdemeanor punishable
as hereinafter provided.
Nothing in this chapter shall prohibit a business owner or his employee, or any resident, from
transporting, without spilling, source separated recyclable materials or source separated
salvageable materials produced by that business owner or resident, on city streets without first
obtaining a permit if that business owner, employee or resident is transporting the source
separated recyclable materials or source separated salvageable materials for donation to or
collection by a collection or processing facility that has been duly approved and authorized as
such by a governmental or other appropriate authority, including beverage containers recycled
at authorized facilities under the California Beverage Container Recycling Litter Reduction
Act, solely incidental to the conduct of his individual lawful business within the city or solely
incidental to the maintenance of his individual residence.
Nothing in this section shall prohibit the city's Scavenger and/or authorized recycling agent
from performing the activities authorized to such person or persons under chapters 8.16 and/or
8.28.
Section 6.56.030 Application-Contents.
(a) Application for a permit to collect source separated recyclable materials and source
separated salvageable materials as a junk collector in the City of South San Francisco must be
accompanied by a receipt showing that applicant has paid to the Director of Finance a
nonrefundable processing fee as set forth in the master fee schedule adopted by resolution of
the City Council, must be made in writing signed by the applicant, and must show the
following:
(1) The name, address and telephone number of the applicant;
(2) The type, kind, make and California state license number of each truck or vehicle
to be used by the applicant in the collection and/or transportation of source separated
recyclable materials and source separated salvageable materials;
(3) Address of the place where records will be maintained of the purchase and sale of
source separated recyclable materials and source separated salvageable materials
available for inspection by the City of South San Francisco.
(b) The applicant shall deposit with the Director of Finance the business license fee required
for a junk collector by Chapter 6.16 of this Code, and the Director of Finance shall issue the
permit and business license if the applicant has complied with the terms of this chapter and
other applicable ordinances of the City of South San Francisco.
Section 6.56.040 Collectiort, transportation of recyclable materials and salvageable materials
together with other materials prohibited.
It is unlawful for any junk collector to collect or place in the same vehicle or container, or
collect from the same vehicle or container at any place or places, or transport or carry on,
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along or over the streets, alleys and ways of the City in any vehicle or container, together with
source separated recyclable materials or source separated salvageable materials, any solid
waste, including, without limitation, recyClable materials or salvageable materials that have not
been source separated. Any junk collector who collects source separated reeyclable materials
or source separated salvageable materials shall inspect them and shall not collect them unless
they are free of solid waste, including, without limitation, any recyclable materials or
salvageable materials that have not been source separated.
Should any junk collector find in the same container with recyclable materials or salvageable
materials any solid waste, including, without limitation, any recyclable materials or salvageable
materials that have not been source separated, he shall not collect or buy such recyclable
materials or salvageable materials. Failure to comply with the terms of this section is a
misdemeanor punishable as provided in Section 6.56.080, and shall be cause for suspension
and/or revocation of permit and cancellation of business license and forfeiture of fees as
hereinafter provided.
Section 6.56.050 Solid Waste-Collection, tran~ortation prohibited.
It is unlawful for any junk collector to collect from a place or places in the city or to transport
or carry on, along or over the streets, alleys or ways of the city in any vehicle or container any
solid waste, whether or not mixed with recyclable materials or salvageable materials, other
than source separated reeyclable materials or source separated salvageable materials. Any
violation of the terms of this section is a misdemeanor punishable as provided in Section
6.56.080 and cause for revocation of permit and cancellation of business license and forfeiture
of fees as hereinafter provided.
Nothing in this section shall prohibit the city's Scavenger and/or authorized recycling agent
from performing the activities authorized to such person or persons under chapters 8.16 and/or
8.28.
Section 6.56.060 Reportil~g and audit requirements.
(a) Each junk collector shall submit quarterly reports to the city's director of public works for
purposes of compliance with this section and Chapter 8.28 of this Code. Each such report shall
be signed by an authorized representative of the junk collector, verifying that the contents of
the report are correct under penalty of perjury.
(b) The following information shall be furnished by each junk collector in its quarterly
reports:
(1) A list of all accounts that the junk collector has in the city;
(2) For each account that the junk collector has in the city, the business name, address,
telephone number, and contact person, the date that the account service began and
ended as applicable, and the current collection schedule from such account;
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(3) For each account that the junk collector has in the city, the total tonnage of
materials collected from such account during that quarter;
(4) For each account that the junk collector has in the city, the total tonnage of each
type of recyclable materials and/or salvageable materials collected from such account
during that quarter;
(5) For each account that the junk collector has in the city, the disposition of all
materials collected from such account during that quarter, including the amount of such
materials which the junk collector has recycled and/or salvaged, the amount of such
materials which the junk collector has not recycled and/or salvaged, and the manner
and place of disposal of all materials collected but not recycled and/or salvaged;
(6) The total tonnage of recyclable materials and salvageable materials collected during
that quarter by the junk collector from sources in the city;
(7) The total tonnage of each type of recyclable material and salvageable material
collected during that quarter by the junk collector from sources in the city; and
(8) The total tonnage of materials of any type collected during that quarter by the junk
collector from sources in the city which are not recycled and/or salvaged.
The quarterly reporting periods shall be from January 1st through March 31st, April 1st
through June 30th, July 1st through September 30th, and October 1st through December 31st.
Quarterly reports shall be due within thirty (30) days after the end of each quarter.
(c) The city and its designated representatives or other qualified third party may conduct an
audit of the records of all junk collectors. The city shall have the right to inspect such records
upon reasonable notice, and such records shall be made available at a location acceptable to the
city. The information contained in the records shall contain, at a minimum, the following
items:
(1) The name, address, phone number and contact person of each property in the city
from which the junk collector has made a collection, including the dates of collection.
(2) The total tonnage of recyclable materials and salvageable materials collected in the
city during each calendar quarter.
(3) The total tonnage of each type of recyclable materials and salvageable materials
collected in the city during each calendar quarter.
Information that is furnished pursuant to this section pertains to the business and financial
affairs and trade secrets of the junk collector in question and shall be exempt from public
disclosure pursuant to Sections 6254(n) and 7254.7(d) of the California Government Code.
(d) Failure to produce an accurate quarterly report, or failure to keep accurate records, or to
permit and arrange for inspection and audit of records, pursuant to this chapter, may result in
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revocation or suspension of the junk collector's permit pursuant to Section 6.56.070 of this
chapter.
Section 6.56.065 Insurance required.
Each junk collector shall be considered as, and shall be, an independent contractor, and shall
act under its own directions as to the manner of performing its work, and it shall keep itself
and all of its employees insured against all liability under California Workers' and Employees
insurance, compensation and safety laws. Each junk collector shall maintain comprehensive
general liability insurance coverage, including coverage for use or operation of motor vehicles
used in the performance of work hereunder in the amount of one million dollars for each
incident of death or injury to persons and/or property. Evidence of such insurance shall be
filed with, and approved by, the city.
Section 6.56.070 Suspension and revocation of permit and forfeiture of business license.
Failure to carry on, maintain and conduct the business of junk collector as herein provided,
and violation of any or all of the provisions set forth in Sections 6.56.020 through 6.56.065,
shall be good and sufficient cause for the revocation of any and all permits to operate as a junk
collector in the City of South San Francisco. In the event that it appears to the City Manager
or his designee that any permittee has failed to comply with the provisions of this chapter or
has violated any of the terms of this chapter, the City Manager or his designee shall fix a date
for hearing the charges for violation within forty-five (45) days, and shall give to such
permittee reasonable notice of such hearing. The City Manager or his designee may
additionally order that any and all permits to operate as a junk collector in the city be
suspended pending such hearing of charges of violation, such suspension to be effective within
five (5) days of the sending of notice of suspension. If upon such hearing of charges of
violation the City Manager finds that the permittee has failed to comply with the provisions of
this chapter or has violated any of its terms, the permit shall be revoked, with such revocation
continuing indefinitely or for a finite term as determined by the City Manager. Upon ordering
the revocation of the permit, the permittee shall forfeit the business license and all license fees
paid by permittee to the city. The junk collector may appeal the determination of the City
Manager pursuant to Code of Civil Procedure section 1094.5.
Section 6.56.080 Penalty for violation.
(a) Any person violating any of the provisions of this chapter is guilty of an infraction except
as otherwise provided herein, and upon conviction such person shall be punished as provided
in Section 36900 of the Government Code.
(b) The City of South San Francisco's authority to civilly and/or criminally enforce any
provisions of this chapter shall not limit or preclude any right which any other entity, including
without limitation the scavenger awarded a contract pursuant to Chapter 8.16 of this Code or
the city's authorized recycling agent under Chapter 8.28 of this Code, may have to civilly
enforce any provisions of this chapter.
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SECTION 3. SF, VF, RABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or portions
hereof shall remain in full force and effect.
SECTION 4. PURI,ICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which
this Ordinance is scheduled to be adopted, the City Clerk shall (I) publish the Summary, and (2) post
in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City
Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City
Council members voting for and against this Ordinance or otherwise voting.' This ordinance shall
become effective thirty days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held
the 9th day of ,July , 1997.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 23rd day of July , 1997, by the following vote:
Councilmembers James L. Datzman, Eugene R. Mullin,
Robert Yee and Mayor Joseph A. Fernekes
None
Councilman John R. Penna
None
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: ~}~~ ~ ~
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
this23rd day of duly ,1997.
Mayor
A:\CH656.709
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