Ord 844ORDINANCE NO. 844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.130,
8.68.145, 8.68.155, AND 8.68.170 OF CHAPTER 8.68 (SOLID
WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE
WHEREAS, the City Council desires to protect its citizens' health, safety and welfare, and
enhance the quality of life for all of the City's residents;
WHEREAS, Chapter 8.68 of the Poway Municipal Code ("PMC") authorizes the City to
determine all aspects of solid waste handling which are of local concern;
WHEREAS, the City Council wishes to ensure that the PMC continues to comply with all
applicable state and federal law, and update the PMC so that it accurately reflects realities on the
ground;
WHEREAS, the City seeks Ordinance amendments to four sections of Chapter 8.68 of the
PMC to reflect residential and commercial service collection updates required to address state
organic recycling requirements;
WHEREAS, Section 8.68.130 of the PMC sets forth container requirements for automated
service collection for solid waste and recyclables, but excludes automated service for yard waste;
WHEREAS, Section 8.68.145 of the PMC sets forth requirements for the placement of
containers for collection and outlines repair and replacement responsibilities for containers;
WHEREAS, Section 8.68.155 of the PMC references frequency, types of solid waste
collected, and method of collection for commercial service;
WHEREAS, Section 8.68.170 of the PMC references commercial service container
service requirements;
WHEREAS, the City now desires to implement automated residential service collection
for yard waste and other compostables to comply with state organic recycling requirements;
WHEREAS, the City desires to include compostables as a type of commercial solid waste
and provide a method for their storage and collection; and
WHEREAS, in addition to being described herein, all the changes proposed to sections
8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC are included herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Sections
8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC as specified below.
Removals are indicated with strikethroughs and additions are indicated with underline.
follows:
follows:
Ordinance No. 844
Page 2
SECTION 3: Section 8.68.130 of the Poway Municipal Code is hereby amended as
8.68.130 Residential collection — Containers
Franchisee shall provide residential customers appropriate containers for
automated collection of solid waste, an4 recyclables,_ and yard waste or other
compostables. At least Ttwo variable container sizes shall be made available to
residential customers for the storage and collection of solid waste. No other type
of container may be utilized for collection at residential premises designated to
receive curbside service by the City's exclusive franchise agreement.
standard 32 gallon container or 50 pounds, unless otherwise agreed to by the
City Council. The combined weight of the container and contents shall not exceed
continued use of that container will result in its disposal.
If solid waste placed for curbside residential collection are not collected, the
person who placed the solid waste materials is entitled to receive a bilingual,
English/Spanish red tag explaining the Franchisee's inability to collect and
dispose of the materials, whether due to unauthorized container, improper
placement of the container, contamination by nonrecyclable materials, or other
reason.
SECTION 4: Section 8.68.145 of the Poway Municipal Code is hereby amended as
8.68.145 Residential collection — Placement of containers for collection.
Occupants and owners of residential premises shall set out or place containers
for the collection of solid waste, recyclables, yard waste or other compostables
as follows:
A. Proper Placement of Containers. Any container or receptacle for the purpose
of storage and removal of solid waste, recyclables, yard waste and other
compostables shall be placed at the curb in front of the owned or occupied
premises, there to be collected by the franchisee; provided, that the franchisee
may designate some other location for the placement of containers and
receptacles when such placement will expedite collection.
B. Improper Placement of Containers. No residential owner or occupant shall
place, or permit to be placed, any solid waste, recyclables, yard waste, or other
compostables containers in any public highway or in any place or in any manner
follows:
Ordinance No. 844
Page 3
other than provided in subsection A of this section. Any containers and materials
not properly placed for collection shall be tagged by the franchisee with a
Spanish/English red tag explaining the reason for noncollection.
C. Timing of Placement and Removal of Containers. Residential owners or
occupants shall not place containers for solid waste, recyclables, yard waste or
other compostables for collection at any time other than the days established by
the franchisee, and then, no earlier than sunset of the day preceding the day
designated for collection. All containers for solid waste, recyclables, yard waste
and other compostables shall be removed from the place of collection prior to
midnight of the day the containers have been emptied. Residents shall be mindful
(and the franchisee shall make periodic announcements to confirm) that services
are not provided on certain recognized holidays and that service normally
scheduled for that holiday will be provided the following normal working day.
D. Repair and Replacement. Each owner or occupant of residential premises shall
provide reasonable supervision over the containers for yard waste and other
compostables on the premises and shall maintain the same in a sanitary
condition.
Franchisee shall retain ownership of automated containers provided to residents
for the purpose of storing solid waste, and recyclables, yard waste or other
compostables. Franchisee shall replace and/or repair damaged automated
containers during the term of the franchise agreement. If the containers or
receptacles should not be emptied and the contents removed on the date and
time scheduled by the franchisee, occupant shall immediately notify the
franchisee and it shall be the duty of the franchisee to forthwith arrange for the
collection and disposal of the solid waste, yard waste, and other compostables,
and/or collection of recyclables. However, should the owner or occupant fail to
place the materials at the designated location in time for regular collection, the
franchisee is not obligated to make a special, separate collection for the
convenience of the occupant and may require payment of an additional fee for
such late collection. (Ord. 592 § 2, 2004; Ord. 448 § 2, 1995)
SECTION 5: Section 8.68.155 of the Poway Municipal Code is hereby amended as
8.68.155 Commercial collection services — Frequency.
Franchisee shall collect and deliver to the appropriate solid waste management
facility all solid waste, recyclables, yard waste, and other compostables generated
by customers at commercial premises within the City who have contracted for
services and delivered their materials to a bin or otherwise properly placed for
collection; service shall be provided not less than once per week.
Franchisee may subcontract with commercial firms (subcontractors) to collect and
dispose of waste materials which franchisee is not licensed to remove and which
present specialized problems. Such collections shall be performed with suitably
licensed collection/disposal firms in accordance with PMC 8.68.350.
follows:
Ordinance No. 844
Page 4
Service to commercial customers shall include providing suitable bins for the
collection and disposal of general refuse according to a frequency as individually
contracted by the customer. This service shall also include collection and recycling
of compostables, green waste, aluminum, newspaper, glass, plastic, metal cans,
cardboard, mixed paper, and office ledger paper. The City may, at its discretion,
add other materials to be recycled during the term of the franchise agreement. The
franchisee shall provide consultative services, at no additional charge, to
commercial, industrial and multifamily (central collection bins) customers to assist
in setting up effective recycling and waste minimization programs.
SECTION 6: Section 8.68.170 of the Poway Municipal Code is hereby amended as
8.68.170 Commercial collection — Solid waste containers.
Franchisee shall provide containers, bins, and debris boxes for storage of solid
waste which shall be designed and constructed to be watertight and prevent the
leakage of liquids. All containers with a capacity of one cubic yard or more shall
meet applicable Federal regulations on solid waste bin safety. All containers shall
be painted the franchisee's standard color and shall prominently display the name
and telephone number of the franchisee in letters and numbers no less than two
and one-half inches high. Similarly, the words "Serving the City of Poway" shall be
displayed beneath the franchisee's name. Franchisee shall not place the City's
logo on its containers. To attain certain economies, some customers may request
specialized services such as compactors, roll -off, or custom-built containers, etc.
The sale, lease, rental of such equipment, or their provision by the customer, may
be negotiated by the latter and the franchisee. Information relating to any such
agreements shall be forwarded to the Director of Public Works.
A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall
replace, clean or repaint all commercial containers as needed so as to present a
clean appearance. In addition, franchisee shall do the same upon 48 hours' oral
notice by the Director of Public Works. Franchisee shall maintain all containers in
a functional condition and shall remove graffiti immediately.
B. Repair and Replacement. Franchisee shall repair or replace all customer -
owned nonresidential containers damaged by collection operations, normal wear
and tear excluded.
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
Ordinance No. 844
Page 5
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 15th day of September 2020, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of
October, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
V
volas, , City Clerk
Steve Vaus, Mayor