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Home My WebLink About38.45 38.45 AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGULATING THE COLLECTION, TRANSPORTATION AND DISPOSAL OF GARBAGE, REFUSE AND RUBBISH WITHIN THE CITY OF SARATOGA The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 7~2 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7-2. Frequency of disposals. All garbage created produced or accumulated in or about dwelling houses w~thin the City of Saratoga shall be disposed of as provided in this chapter at least once each week, and all garbage and other refuse created, produced or accumulated at hotels, restaurants, boarding houses or other business houses where refuse is accumulated, shall be disposed of as provided in this chapter at least twice each week. Section 2: Section 7-3 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7-3. Delivery to scavenger; containers generally. All re£use shall be disposed of by delivery to the scavenger authorized by the city to collect the same, or in the case of recyclable materials, by delivery to any recycle center operated by or under the auspices of the City. Each person upon whose premises refuse is created, produced or accumulated shall, except as provided above and in section 7-4, cause the same to be placed in a water tight container of not less than 10 nor more than 32 gallons net capacity, each such container to have a filled weight of net in excess of 75 pounds. Each container shallb~ kept in a sanitary condition, continuously closed with a tight-fitting cover held in place by a positive fastening except when refuse is being dumped into or being removed therefrom, and located in such place as to be readily accessible for the removal and emptying of the contents of same by the scavenger. The occupier of each residence within the City shall pay to the scavenger duly franchised by the City under the terms of this Chapter, the minimum refuse collection rate for a weekly collection of not less than one garbage container, as hereinabove de- fined, for all periods of time that such person is in occupancy of said residence, regardless of whether or not such person has or has not any refuse to be collected on any particular collection or pick-up date during such occupancy, unless such person has obtained a permit exempting him from such requirement under other provisions of this chapter. Section 3i Section 7-4 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7-4. Segre~atin~ rubbis~ from 8arba~e; preparation and delivery of rubbish for disposal; collection fee for rubbish. The producer or owner of refuse may elect to segregate rubbish from the garbage and swill and in lieu of placing the same in a container as required by section 7-3, place the same in a box or barrel located next to the container, but the material so segregated shall be kept in a dry condition and in such a manner so as not to be offensive or attractive to flies and rodents and so as not to create a fire hazard. All cardboard and wooden boxes, except containers of rubbish under this section, shall be broken up so as to facilitate the collection and transportation of the same. Rubbish shall be delivered to the scavenger in .the same manner as the contents of the refuse con- tainer and shall be considered an additional refuse container for the purposes of the collection fee therefore for each twelve cubic feet or fraction thereof of such dry rubbish. Section 4: Section 7-5 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7=5. Scavengers T FurnishinS pick up service in the City of Saratof~ Each scavenger shall provide garbage pickup service to all residents and establishments within the City of Saratoga and shall make rubbish collection service available in all areas of the City of Saratoga. i'~ Section 5: Section 7-7 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7-7. Contracts with City for disposal of refuse. The City Council may by resolution award a contract for the collection, removal and disposal of any or all types of refuse to any person which the City Council believes best qualified and equipped to perform the work of a scavenger. Such contract shall require the scavenger to collect, remove and dispose of all garbage and other refuse in theeCity in accordance with.the provisions of this chapter and in conformity with such regulations which may in the future be prescribed by the City Health Offic~ with the approval of the City Council, all garbage collections to be a minimum of once per-week in all residential districts in the City of Saratoga and of twice per week from hotels, restaurants, boardin~hbuses and other business houses wh~e refuse is accumulated in such quantity as warrant the same, and shall fix the compensation to be paid the scavenger therefore. Each Scavenger shall be required to furnish a surety bond in the penal sum of thousand dollars conditioned upon the faithful performance of his contract, to carry workmen~s compensation insurance and to carry public liability and property damage insur- ance in amounts determined by' the City Council. Additional provisions of such contract shall not conflict with any of the terms of this chapter. Section 6: Section 7-8 of Chapter 7 of the Saratoga City Code is amended to add the following thereto: Each special permit exempting persons from the mandatory provisions of this chapter shall expire on June 30 next following the date of issue of the special permit. The City Council shall es[ablish by resolution the fee for the initial issuance and the annual renewal of the special permits which shall in no case be less than the annual rates and fees charged for a minimum scavenger service provided under the pro- visions of this chapter. This fee is intended to cover the cost of initial investigation and periodic compliance inspections of the premises covered by the special permit and the cost of the administration of these special permits. Section 7: Section 7-9 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7~9. Burning dry rubbish. Dry rubbish may be burned by owners or producers of the same only in compliance with the requirements of the Bay Area Air Pollution Control District and only under permit from Bay Area Air Pollution Control District and the authorized officer of the Fire District within which the property on which the burning is contemplated is located. Section 8: Section 7-10 of Chapter 7 of the Saratoga City Code is amended to read as follows: Section 7-10. Accumulating.or dispositing refus~ No person shall accumulate, deposit, store or burn any type of refuse upon public or private streets, public parks or other public property, and no person shall cause, permit or allow any garbage or other refuse (other than rubbish) to be accumulated, deposited, stored or burned upon any private property or premises within the City, other than in proper containers for delivery to the scavenger as set forth in section 72'3 hereof. Section 9: The following is added to Chapter 7 of the Saratoga City Code as Section 7-11 and Section 7-11 and 7-12 of the existing chapter 7 are renumbered Sections 7-12 and 7-13. Section 7-11. Recycling recoverable materials to conserve natural resources. The Council reserves the right to operate one~ior mo~,centers for the collection o~ recyclable materials or to enter into a contract with~a private party to operate such centers. The City Council further reserves the right to contract with the same scavenger awarded the contract for collection, removal and disposal of any or all types of refuse under section 7-7 above or with any other scavenger, individual, firm or corporation for the processing and transportation of the recyclable material collected at a recycling center. Such contracts for the operation of a recycling center and/or the processing and transportation of materials collected at a recycling center may be incorporated into the contract referred to under Section 7-7 above, or may be by separate contract with the same or with another individual ~9~'firm. The City Council may, from' time to time by resolution or order, designate what refuse material shall be deemed re- cyclable, and which may therefore be disposed of by delivery to a recycle center or to such scavenger or other entity as holds a refuse recycling contract with the City or the County or to such other agency as may be authorized to recycle waste materials generated within the city. Sp_~tl~_~'%67:'~ If any subsection, section, sentence, clause or phrase~fthis ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitu- tional, such decision shall not.affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subjection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 1E: This.Ordinance shall be in full force and effect thirty days after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this 1.5'~j~y' by the following vote: AYES: Councilmen Robbins, Smith, Kraus, Bridges NOES: None ABSENT: Councilman Dwyer The above and foregoing is a tree and correct J;,:~"ce ?: '~ which has been col',/c'," 3 pubHjfi~!j accc~'oin9 to law. Deputy City Clerk _~ Oa~ ~