Loading...
HomeMy WebLinkAboutOrd 1144-1994ORDINANCE NO. 1144-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SOUTH SAN FRANCISCO ADDING CHAPTER 6.56 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO JUNK COLLECTORS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose The purpose in adopting this ordinance is to readopt an ordinance that was repealed in 1990 and to clarify an ambiguity in the city's municipal code that arose as a result of repeal of former Chapter 6.56. That ambiguity involved the language in former and proposed section 6.56.040 which did and would prohibit junk collectors from collecting garbage and which mandated that junk collectors inspect and separate out garbage from junk, as defined in the ordinance. SECTION 2. Chapter 6.56 is hereby added to the South San Francisco Municipal Code to read as follows: Chapter 6.56 JUNK COLLECTORS Sections: 6.56.010 Definitions. 6.56.020 Permit required. 6.56.030 Application - Contents. 6.56.040 Collection of junk together with other materials prohibited. 6.56.050 Transportation of junk together with other materials prohibited. 6.56.060 Refuse - Collection, transportation prohibited. 6.56.070 Revocation of permit and forfeiture of business license. 6.56.080 Penalty for violation. 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. A. "Junk" means rags, sacks, cans, papers including newspapers and graded or sorted waste paper, metals including metal food or beverage containers, glass, used corrugated cartons, PET plastic beverage containers, or any other similar salvagable materials. IrlLE: NO. ~/.//~-?~ B. "Junk collector" means any person, persons, firm, partnership, association or corporation acting for themselves or as contract agents or employees to collect from any one place, or goes from place to place, for the purpose of engaging in or carrying on the business of collecting, buying or selling either at wholesale or retail any or all of the items heretofore defined as junk. Section 6.56.020 Permit required. It is unlawful for any person, persons, firm, partnership, association or corporation to collect junk from any one place or engage in the business of junk collector in the city without first previously obtaining a permit from the city for that purpose as hereinafter provided. Failure to obtain a permit as required by this section is a misdemeanor punishable as hereinafter provided. Section 6.56.030 Application - Contents. A. Application for a permit to collect junk in the city must be accompanied by a receipt showing that applicant paid to the director of finance a nonrefundable processing fee as set forth in the master fee schedule of the city, adopted by resolution of the city council, and must be made in writing and 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 applicant in the collection and/or transportation of junk; 3. Address of the place where records will be maintained of the purchase and sale of junk collection available for inspection by city. B. Applicant shall deposit with the finance director the business license fee required for junk collector by Chapter 6.16 and the finance director shall issue the permit and business license if applicant has complied with the terms of this chapter and other applicable ordinances of the city. CENTRAL. RECORDS FILE NO. ,i~-'//z/~-v~;~' Section 6.56.040 Collection of junk together with other materials prohibited. It is unlawful for any person, persons, firm, partnership, association or corporation or any of the same engaged in the business as junk collectors in the city to collect in the same vehicle or container or place in the same vehicle or container or collect from the same vehicle or container at any place or places junk and garbage and/or waste or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof. Any person, peFsons, firm, partnership, association or corporation or junk collectors who collect junk shall inspect it and shall not collect it unless it is free of garbage or waste or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof. Should any person, persons, firm, partnership, association or corporation find in the same container with junk any garbage or waste or junk and matter and materials which are rejected, abandoned or discarded by the owners or producers thereof, he shall separate it, or cause it to be separated, at its site prior to collecting the junk, leaving at the site the garbage or waste or junk and any and all matter and materials which are rejected, abandoned or discarded by the owners or producers thereof. Failure to comply with 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. Section 6.56.050 Transportation of junk together with other materials prohibited. It is unlawful for any person, persons, firm, partnership, association or corporation to transport or carry on, along or over the streets, alleys and ways of the city in any vehicle or container any junk and garbage, or waste, or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof. Failure to comply with the terms of this section shall be 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 a business owner or his employee or any resident from transporting, without spilling, refuse and junk produced by that business owner, his employee or resident, on city streets without first obtaining a permit if that business owner, employee or resident is transporting the refuse solely incidental to the conduct of his individual lawful business within the city or solely incidental to the maintenance of his individual residence. 3 CENTRAL RECORD~ Section 6.56.060 Refuse - Collection, prohibited. transportation Unless duly authorized by the city council, it is unlawful for any person, persons, firm, partnership, association or corporation licensed as a junk collector or otherwise 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, garbage, refuse, waste or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof. 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. Section 6.56.070 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 6.56.050, shall be good and sufficient cause for the revocation of the permit to operate as a junk collector in the city. In the event that it appears to the city council 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 council shall fix a date for hearing the charges for violation and shall give to such permittee five days' notice of such hearing. If upon such hearing the city council 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. Upon ordering the revocation of the permit, the permittee shall forfeit the business license and all license fees paid by permittee to the city. Section 6.56.080 Penalty for violation. Any person violating any of the provisions of this chapter is guilty of an infraction, and upon conviction such person shall be punished as provided in Section 36900 of the Government Code. Section 2. Severabilit¥. 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. C£NTRAI. RECORDS Section 3. Publication and EffectiVe Date. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, for at least fifteen (15) days, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a requ]ar meeting of the City Council of the City of South San Francisco, held the 8th day of , 1994. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the city Council of the City of South San Francisco, held the 22~d day of June , 1994, by the following vote: AYES: Councilmembers Jack Drago, John R. Penna, Robert Yee and Mayor Joseph A. Fernekes NOES: Councitmember Roberta Cerri Teglia ABSTAIN: None ABSENT: None City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 22nd 1994. day of June mnrsw\405\ordinanc\am~nd.jnk CENTRAL RE:CORD~ FILE: NO. ,~J~?-//~'~'-'2/7~