HomeMy WebLinkAbout71.118 ORDINANCE NO. 71- ll8
AN ORDINANCE ADDING SECTION 4-05.020(i)
AND ARTICLE 4-65 TO THE CODE OF THE
CITY OF SARATOGA, RELATING TO RECYCLERS
The City Council of the City of Saratoga does hereby ordain
as follows:
Section 1. Section 4-05.020(i) is hereby added to the Code
of The City of Saratoga to read as follows:
"4-05.0Z0(i) Recyoler means any person who is engaged in
the City in the collecting, receiving, transporting, segregating,
recycling and/or disposing of recyclable materials."
Section 2. Article 4-65 is hereby added to the Code of The
City of Saratoga to read as follows:
"Article 4-65
RECYCLERS
Sections:
4-65.010 Definitions.
4-65.0Z0 Permit required.
4-65.030 Application for permit; fee; investigation by
City Manager.
4-65.040 Grounds for denial of permit.
4-65.050 Issuance of permit; conditions; term.
4-65.060 Renewal of permit.
4-65.070 Transferability of permit.
4-65.080 Collection of Recyclable Materials.
4-65.090 Quarterly Reports
4-65.100 Suspension or revocation of permit.
4-65.110 Appeals to City Council.
..... 4-65 ~1~9 ..... ~igla~io~s of Article.` _I
4-65-010 Definitions.
As used in this Article, the term "business" shall have the
same meaning as set forth in Subsection 4-05.020(a); the
term "engaged in business" shall have the same meaning as
set forth in Subsection 4-05.020(c); and the term "recycler"
shall have the same meaning as set forth in Subsection 4-
05.020(i).
4-65.020 Permit required.
No recycler shall engage in business in the City without
first having obtained a permit to do so pursuant to this
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Article. Such recycler shall also apply for and obtain a
business license pursuant to Article 4-05 of this Chapter,
and pay the license fee specified in Section 4-05.100,
unless such recycler is exempted from the payment of such
fee under Sections 4-05.160 and 4-05.170. The failure to
obtain the required permit and the required business license
shall be a violation of this Article as set forth in Section
4-65.120.
4--65.030 Application for permit; fee; investigation by
City Manager.
(a) Application for a permit hereunder shall be made to the
City Manager on such forms as he may prescribe, which shall
include the following information:
(1) Name and address of the applicant, together with the
name and address of each person who will be engaged in
recycling in the City for or on behalf of the applicant.
(2) The location of the principal place of business, and if
such principal place of business is in the City, a statement
of the zoning classification for such location.
(3) A complete description of the business, activity
program, or other purpose for which the recycling will be
made, including a copy of all brochures, forms, contracts,
subscriptions, handouts, and other documents to be used in
connection with such recycling.
(4) If the recycling will be conducted for an organization
or an activity which is exempted from the payment of
business license fees under the provisions of Sections 4-
05.160 and 4-05.170 of this Chapter, the applicant shall
provide documents establishing, to the satisfaction of the
City Manager, the qualification for such exemption.
(5) Such other information and documents as the City
Manag?[ ~ay~Tequ_ire. .
(b) The application shall be accompanied by a processing
fee in such amount as may be established from time to time
by resolution of the City Council; provided, however, no
such fee shall be charged if the applicant is found to be
exempted from the payment of a business license fee under
the provisions of Sections 4-05.160 and 4-05.170 of this
Chapter.
(c) Upon receipt of the application and other documents and
the fee (if payable) as required in Paragraphs (a) and (b)
of this Section, the City Manager shall conduct such
investigation as he deems appropriate to determine whether a
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permit should be issued. In connection, therewith, the City
Manager shall forward a copy of the application to the
Planning Director, for determination as to whether the
conduct of the business or activity will be in compliance
with zoning requirements and other rules, regulations and
ordinances of the City.
The foregoing persons shall indicate on the application that
the proposed permit is either approved or disapproved or
approved subject to specified conditions, and shall return
the application to the City Manager.
4--65-040 Grounds for denial of permit.
The City Manager shall deny issuance of a permit based upon
any of the following grounds:
(a) A finding by the City Manager that the applicant has
engaged in conduct within the City or elsewhere for which a
business license or permit could be revoked under the
provisions of this Chapter.
(b) A determination by the Planning Director that the
conduct of the business or activity would not be in
compliance with all zoning requirements and other rules,
regulations and ordinancesof the City.
4--65.050 Issuance of permit; conditions; term.
If a permit is issued, it shall be subject to any conditions
as may be imposed by the City Manager, or the Planning
Director. Recycler's permits may be issued on an annual
basis.
4-65.060 Renewal of permit.
A permit issued under this Article may be renewed for a
period not exceeding one year upon application to the City
M~g?[_o~n s9qh_forms as he may prescribe, accompanied by
payment of a renewal fee in such amount as established from
time to time by resolution of the City Council, unless the
applicant is exempted from the payment of such fee. The
City Manager shall renew the permit if he finds that all of
the requirements of this Article have been satisfied by the
permittee and no conditions of the permit have been
violated.
4-65.070 Transferability of permit.
No permit issued under this Article shall be transferable
and any attempted transfer shall invalidate the permit.
4-65.080 Collection of Recyclable Materlals at night.
No collection of recyclable materials shall be conducted in
the City before the hour of 8:00 A.M. of any day, or after
the hour of 7:00 P.M. of any day; provided, however, this
restriction shall not apply to any meeting between the
recycler and his customer arranged by appointment with the
customer.
4-65.090. Quarterly Reports.
In order for the City to meet the waste reduction goals and
reporting requirements of the California Integrated Waste
Manger Act of 1989, (California Public Resources Code
~ ~ 40000 et seq.) the recycler shall submit to City on a
quarterly basis, a report in a form satisfactory to the
City~s Environmental Programs Manager setting forth the
amount of recyclable materials collected within the City
during that time period.
4-65.100 Suspension or revocation of permit.
(a) Any permit issued under this Article may be suspended
or revoked by the City Manager for any reason that would
justify a refusal to issue the permit originally, or by
reason of any failure by the permittee to comply with all of
the provisions of this Article, or any other provisions of
this Code, or any condition of such permit.
(b) The holder of the permit shall be given prompt notice
of the intention to suspend or revoke his permit. Such
notice shall fix a time and place, not less than five nor
more than thirty days after service thereof, at which the
holder of the permit may appear before the City Manager and
be granted a hearing upon the merits of the suspension or
revocation. If after such hearing the permit is order
suspended or revoked, the holder shall have the right to
appeal such action to the City Council.
4-65.110 Appeals to City Council.
Any decisions rendered pursuant to this Article with respect
to the issuance, denial, suspension or revocation of a
permit, or the conditions thereof, may be appealed to the
City Council by the applicant or permittee or other
interested person in accordance with the procedure set forth
in Section 2-05.030 of this Code.
4-65.120 Violations of Article.
The violation of any provision contained in this Article, or
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the violation of any condition of a permit issued hereunder,
is hereby declared to be unlawful and shall constitute a
misdemeanor and a public nuisance, subject to the penalties
as prescribed in Chapter 3 of this Code. The enforcement of
this Article pursuant to Chapter 3 shall be in addition to
any proceedings conducted under Section 4-50.100 for
revocation or suspension of a permit, or any proceedings
conducted under Article 4-05 of this Chapter to revoke a
business license by reason of the same violation."
Section 3: This Ordinance shall be in full force and effect
thirty (30) days after 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 at a regular meeting of the City
Council of Saratoga held on the 20th day of January ,
1993, by the following vote.
AYES: C0unci]members Burger, K0h]er, M0nia, Tucker and Mayor Anderson
NOES: None
ABSENT: None ,
ATTEST:
City
November 25, 1992
mnrs~273\ordNRec~cler.msr
above and foregoing is a true and correct
~Opy of Ordinance _~J_~L/~ which has been
Deput~' C~ ~v 'C~' "' Date