ORDINANCE NO. SCC

Transcription

1 ORDINANCE NO. SCC AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SHASTA AMENDING CHAPTER 8.32 OF THE SHASTA COUNTY CODE REGARDING REFUSE COLLECTION AND DISPOSAL The Board of Supervisors of the County of Shasta ordains as follows: SECTION 1. Amendment. Chapter 8.32 of the Shasta County Code is amended in its entirety to read as follows: Chapter 8.32 REFUSE COLLECTION AND DISPOSAL Sections: Finding and Purpose. Definitions. Board of Supenrisors-Determination of service. Permit required. Permit-Application. Permit-Issuance. Contractor-Senice fees and charges. County-Service fees and cbarges. County-owned disposal sites-generauy. County-owned disposal sites-prohibited activities. Dumping refuse prohibited. Penalties, nuisance and construction. Reward for information leading to arrest and conviction for unlawful dumping Finding and Purpose. The board finds and declares that the public health, safety and welfare require the regulation of refuse collection and dispnsal within the unincorporated area of the county. The board further fmds that appropriate regulation of refuse collection and dispnsal will prevent indiscriminate dumping of refuse and will insure that all citizens of the county are provided with adequate refuse collection service and an adequate disposal site. The board finds and declares that these goals may be achieved through the use of contracts providing for exclusive collection areas and collection pemrits for nonexclusive areas and may require refuse disposal at the county-owned landfill or other designated disposal sites.

2 December 11, 2012 Page 2 of DefmitioDS. For the purpose of this chapter, the terms used herein are defined as follows: "Area" means the area within the county in which the county has granted permission by pennit or contract to provide refuse collection. "Director" means the county director of public works or his or her designee. "Disposal site" means the location at which refuse is ultimately disposed. "Permit" means written authorization of the board of supervisors whether by a permit for a nonexclusive area or a contract for an exclusive area authorizing a person to conduct refuse collection services within a specific territory. Refuse. (a) (b) "Refuse" means all household and commercial, but not industrial or governmental wastes, including wastes such as discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions, and all commercial establishments, including waste or discarded food, animal and vegetable matter, paper, cardboard, wood, cans, glass, ashes and boxes, cuttings from trees, lawns and gardens, and dried digested sludge from municipal sewage treatment plants. "Refuse" does not include hazardous waste or contaminants which might be injurious to personnel engaged in solid waste handling, including, but not limited to acids, explosives, radioactive materials and septic tank. pumpings; nor does it include any materials that are, or in the future may be, prohibited from dwnping by the regulations of the California Regional Water Quality Control Board, Central Valley region, or by any other public agency, or by operation of other laws. "Refuse collection service" means collecting, gathering or transporting refuse of another for money or other valuable consideration (a) (b) Board of supervisors-determination of service. The board of supervisors shall determine whether the public health, safety and welfare is best served by providing refuse collection service by contract, license, permit or otherwise, either with or without competitive bidding. The board may also determine that the public health, safety and welfare is best served by providing exclusive contracts for refuse collection in appropriate areas of the county.

3 Ordinance No. see December 11, 2012 Page 3 of (c) The board may specify the frequency of collection, means of collection and transportation, level of service, the maximum charges and fees that can be charged for refuse collection service, the compensation to be paid to the county, the nature, Location and extent of providing refuse collection services, and dispute resolution procedures and other terms and conditions related to refuse collection service. The board may specify the site for disposal of refuse. Permit required. It is unlawful for any person, municipality or public agency to operate a refuse collection or transportation service in the unincorporated area of the county without fust obtaining a permit to do so from the county Permit-Application. The application for a permit shall be made to the Director. Each application shall include a description of the area to be serviced, a financial statement of the person intending to render service. a description of the background and experience of the parties intending to render service, a description of equipment to be used and a discussion on how that equipment will be obtained, a schedule of proposed rates to be charged, facts that establish the applicant has experience in providing the service for which the permit is requested and such other information as the Director may request in order to aid in making a recommendation to the board Permit-Issuance. The Director shall prepare a report to the board of supervisors recommending granting, denying or amending the application. The Director shall recommend conditions as the Director may deem appropriate. The report to the board of supervisors shall discuss the effect the granting or denying the application will have on the health, safety and welfare of the public. The board of supervisors shall grant or deny or grant with such conditions as the board deems appropriate. The board may require performance bonds, a provision that the county is indemnified and held hannless, and certificates of insurance satisfactory to the county Contractor-Service fees and cbarges. If a franchise agreement is executed. with a contractor, the contractor shall charge only such rates and fees for refuse collection service that do not exceed the maximum rates approved by the board of supervisors or, if a permit or contract for refuse collection service is issued or entered into by the county, the maximum rates that are set forth in that pennit or contract.

4 December II, 2012 Page 4 of CouDty-Service fees and charges. The board may require from the person rendering refuse collection services fees and charges sufficient to offset the county's expense in monitoring the service, reviewing and investigating customer complaints, and such other county expenses as may be incurred in the regulation of refuse collection services. In addition, the county may levy a fee to offset the county' s expense in purchasing, constructing, maintaining and monitoring a countyowned disposal site. 832_090 County-owned disposal sites--generauy. It is the intent of the hoard of supervisors to insure that the citizens have an adequate and economical refuse disposal site. The county may acquire land to be used as a county-owned disposal site. The operation of the site may be done by the county's own forces or by another under contract with the county. Only such fees and charges that do not exceed the maximwn rates approved by the board of supervisors or that are set forth in any contract or pennit shall be imposed on users of such a disposal site. If such disposal site is operated under contract with the county. the county may charge the contractor fees and charges as may be necessary to compensate the county for its purchase of the disposal site, developing the disposal site and supervising the operations of the disposal site County-owned disposal sites-prohibited activities. No person shall: (A) discharge firearms; or (B) operate vehicles of any kind in an area designated and operated as a county disposal site, except for the purpose of disposing of refuse Dumping refuse prohibited_ It is unlawful for any person to dump or permit the dumping of any refuse or rubbish upon any property, public or private, except with an area designated by the board of supervisors for disposal and dumping of refuse and rubbish. In any civil action or criminal prosecution for a violation of this section, evidence in the refuse or rubbish which bears the name of a person or which tends to identify a person, shall be prima facie evidence that the person so named or identified dumped the refuse or rubbish unless the contrary is established by competent evidence (a) (b) Penalties, nuisance and construction. Unless otherwise provided, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter A violation of any provision of this chapter constitutes a public nuisance.

5 December II, 2012 Page 5 of (c) lbis chapter is a regulatory provision necessary for the protection of the public health. welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent unless otherwise specifically required. Reward for information leading to arrest and conviction for unlawful dumping. Every person giving information leading to the arrest and conviction of a person for the willful violation of Section of the Shasta County Code or Section of the Penal Code. which violation results in damage to, or the destruction of. any property. shall, upon approval by resolution of the hoard of supervisors, be entitled to a reward from the Shasta County general fund in an amount not to exceed five hundred dollars. In adopting a resolution authorizing a reward pursuant to this section, the board of supervisors shall: (I) specifically find that the violation was willful and that it resulted in damage to, or destruction of, property; (2) find that the infonnant cooperated with the prosecution of the case; (3) set, in its sole discretion, the total to be paid in an amount not to exceed five hundred dollars; (4) specify who shall be paid the reward; and (5) in the case of multiple contributors of information concerning the same act, divide the reward amount, which may not exceed five hundred dollars, in the manner it deems, in its sole discretion, to be appropriate. This section shall be limited to cases of unlawful dumping and sball not apply to "littering" as that term is defined in Penal Code Section 374. SECTION 2. Effect of enactment on past actions, permits, and obligations. This new ordinance shall not be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such fonner ordinance or as to any act done, any penalty, forfeiture, or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture, or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding. so far as practicable. If any penalty, forfeiture, or punishment be mitigated by any provision of the new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect. Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any ordinance of the county herein repealed; or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the county under any ordinance or provision thereof in force at the time of passage of this ordinance. Nothing in this ordinance shall affect any pennit issued or any contract right established or accruing before the effective date of this ordinance.

6 December II, 2012 Page 6 of6 The adoption of this ordinance shall not in any manner affect any prosecution for violation of ordinances in effect prior to the effective date of this ordinance, be construed as a waiver of any license, fee, or penalty required by or resulting from any such ordinance, or affect the validity of any bond (or cash deposit in lieu thereof) required to be posted, filed, or deposited pursuant to such ordinance. SECTION 3_ Severability_ If any provision of the chapter codified in this ordinance or the application of any provision of the chapter codified in this ordinance to any person or circumstances is held invalid, that invalidity shall not affect any other provision or application of the chapter codified in this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of the cbapter codified in this ordinance are expressly made severable. SECTION 4. Adoption. This ordinance shall take effect and be in full force and effect from and after 30 days after its passage. The clerk shall cause this ordinance to be published as required by law. DULY PASSED AND ADOPTED this 11th day of December, 2012 by the Board of Supervisors of the County of Shasta by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Supervisors Kehoe, Moty, Hawes, Hartman, and Baugh LEONARD MOTY, CHAIRMAN Board of Supervisors County of Shasta State of California ATTEST: LAWRENCE G. LEES Clerk of the Board of Supervisors By: l i.u.< ~ V'-. Deputy