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HomeMy WebLinkAboutCC ORD 1999-2169 Amends §§ 7.10.010, 7.10.050, and 7.10.080, garbage and refuse collection, 7.20.010, 7.20.050, 7.20.080, 7.20.100, 7.20.110, 7.20.130, 7.20.140 and 7.20.150, outdoor activities, and 7.32.020, enforcement; repeals § 7.20.090 (7.10, 7.20)ORDINANCE NO. 99- 2169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 7, CHAPTER 7.10, CHAPTER 7.20 AND CHAPTER 7.32 OF THE NATIONAL CITY MUNICIPAL CODE, REGULATING GARBAGE AND RUBBISH CONTAINERS, OUTDOOR ACTIVITIES AND ENFORCEMENT BE IT ORDAINED by the City Council of the City of National City that Title 7, Chapters 7.10, 7.20 and 7.32 of the National City Municipal Code are hereby amended to read as follows: Section 1. That Chapter 7.10 is amended by amending Sections 7.10.010, 7.10.050 and 7.10.080 to read as follows: 7.10.010 Definitions. (A through H--no change). I. "Recyclables" or "recyclable materials" shall mean plastic bottles, plastic containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other material designated by the city as a recyclable material in Chapter 9.52. 7.10.050 Garbage and rubbish containers. A. Receptacles for the containment of garbage or rubbish placed for collection shall be as provided by the city rubbish collection contractor. B. Receptacles for the containment of yard waste shall comply with these limitations: 1. They shall have the capacity of no more than forty gallons in volume. 2. Their weight shall not exceed fifty pounds when filled. 3. Reusable rigid containers or cans shall be constructed of nonabsorbent and corrosion -resistant materials and should be easily cleanable. 4. The diameter of the can's opening shall be no less than the diameter anywhere below the top and the can should be tapered to facilitate discharge of compacted waste when the container is inverted. 5. The interior of the can shall be smooth, without projections which would interfere with emptying the contents. 6. The can shall have no cracks, holes or jagged edges which could injure collection personnel. 7 The can shall be fitted with handles located directly opposite one another on the sides of the container for easy lifting. 8. Cans shall be equipped with covers or lids which are tight -fitting to resist the intrusion of water and vectors. 9. Cans shall be designed so that they cannot be tipped over easily. C. Single -use plastic and paper bags furnished by the city rubbish collection contractor must be only those manufactured expressly for solid waste storage and shall meet the standards of the National Sanitation Foundation as to thickness and bursting strength. D. Commercial dump -type receptacles (bins) shall meet the minimum specifications established by the city's rubbish collection contractor. They shall be maintained in good work- ing order and shall be kept clean and sanitary. Such bins shall be equipped with solid, noncombustible and closeable lids that are sufficient to contain a fire within the bin. It is a violation to place any sort of liquid wastes into a bin unless they are contained in leak proof vessels. E. Preparation of recyclable refuse for collection --alternate methods. 1. In those areas of the city where recyclable material collection containers are provided to users by the city rubbish collection contractor, recyclable materials defined in Chapter 9.52 shall be separated from garbage and rubbish and placed in the respective recycling collection container for collection by the contractor in accordance with Chapter 9.52. 2. Recyclable materials shall not contain garbage or rubbish. F. Brush and limbs of trees may be placed for collection outside of receptacles in tied bundles not more than four feet in length, not more than eighteen inches in diameter, and not more than sixty pounds in weight each. G. Garbage receptacles shall be kept covered. No person shall permit a garbage receptacle to remain uncovered or open, or in such condition that flies or vermin may obtain access thereto, except when necessary to place garbage therein or remove therefrom; for such purposes covering shall be immediately replaced. H. It is unlawful for any person to place any discarded material in, upon or near any receptacle, container or bin, unless he or she has an ownership or possessory interest or right in that receptacle, container or bin. 7.10.080 Enclosures required. A. All commercial, industrial, institutional, and multifamily residential uses shall be provided masonry trash enclosures which shall comply with the trash enclosure design guidelines adopted from time to time by resolution of the City Council. It shall be the duty of the owner(s) of the affected property to provide and install the enclosure required by this Chapter 7.10. The planning commission may waive this requirement pursuant to a finding that the use does not generate a need for exterior trash receptacles. Properties with trash receptacles having cumulative capacity of ninety (90) gallons or less shall not be subject to this requirement if suitable and sufficient containers as determined by the planning director are provided in accordance with Section 7.10.040A of this chapter. B. Multifamily residential properties containing no more than three units shall not be subject to the requirements of this section if the planning director determines that all of the following conditions exist: 1. The property is not of sufficient size, or the location and arrangement of buildings on the property precludes installation of a trash enclosure; 2. All trash receptacles can be screened so that they cannot be viewed from adjacent properties or city streets; 3. Dumpsters are not in use; receptacles are limited to metal or plastic cans. C. Any building or structure or portion of building or structure used for storage of rubbish and waste shall contain an approved floor drain connected to the public sewer system. 1999 Ordinance 2 Outdoor Activities and Enforcement Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.090. Section 3. That Title 7 is amended by amending Sections 7.20.010, 7.20.050, 7.20.080, 7.20.100, 7.20.110, 7.20.130, 7.20.140 and 7.20.150 to read as follows: 7.20.010 Definitions. In this Chapter, the following terms shall mean: A. "Graywater" means non -potable drain water, commonly discharged from laundry tubs, washing machines, floor drains, bathing facilities and similar receptacles used for washing or bathing. It includes water that is not fit or safe for human consumption. "Graywater" that has been contaminated with any type of organic or fecal matter is sewage. B. "Sewage" is any type of water discharge containing organic or fecal matter. C. "Outdoor" means to the exterior of an enclosed building or structure. Activity carried on within a structure that is not completely enclosed on all sides is considered "outdoor activity". 7.20.050 Discharges of water into ground or into storm drains --prohibited. A. Except as provided in subsection C, it is unlawful and a misdemeanor for any person to discharge sewage, graywater or water draining from any swimming pool, sink, washtub or wash basin, washing machine, or from any other source or liquid receptacle being used as a cleaning device onto the ground or into a storm drain, gutter, flood channel or any other water collection system, other than the municipal sewer system or a lawfully permitted septic system. B. This Section 7.20.050 shall not apply to water run-off from construction sites. Water run-off and discharge from construction sites shall comply with the requirements established in Chapter 14.22 (Stormwater Management and Discharge Control). C. The provisions of this Section 7.20.050 shall not apply to graywater that is discharged to the ground via a lawfully permitted graywater discharge system that meets the requirements of Appendix G of the Uniform Plumbing Code, as adopted. 7.20.080 Residing or camping in recreational vehicle --prohibited. A. It is the purpose and intent of the City Council to prohibit the use of recreational vehicles as temporary or permanent residences or sleeping quarters. This Section 7.20.080 is therefore enacted to protect the public health and welfare. B. It is unlawful to occupy a recreational vehicle for more than 10 consecutive minutes between the hours of 2:00 a.m. and 6:00 a.m. while that vehicle is parked on a street or on public or private property, except when that vehicle is parked within a lawfully permitted mobile home park or campground. C. It is unlawful to attach or hookup a recreational vehicle to a utility service providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except in a lawfully permitted mobile home park or campground. D. It is unlawful to hookup or attach a recreational vehicle to a utility service providing electricity, except where that connection is made to a battery recharging device for a period not to exceed 24 hours for the purpose of recharging the vehicle's battery, and for no other purpose. 1999 Ordinance 3 Outdoor Activities and Enforcement E. As used in this section: 1. "Recreational vehicle" means any vehicle so classified by the Vehicle Code or National City Municipal Code Section 18.04.542, or any other vehicle, including a trailer, camper, house trailer, or motor home, which is designed or modified to be used for sleeping purposes. 2. As used in Section 7.20.080B, the term "occupy" means that one or more persons is physically present within the recreational vehicle (as defined in Section 7.20.080(D)(1)), regardless of whether any person is camping, sleeping or attempting to camp or sleep within that vehicle. 7.20.100 Off -road vehicles. A. It is unlawful for any person to operate for recreational purposes any vehicle or off -highway vehicle, as defined in the California Vehicle Code, or a motorized scooter, on any unimproved public or private property in the city. B. Notice of this regulation may be given by placing appropriate signs on the property or by verbal order of a police officer or code conformance officer. C. When an individual has been given such verbal notice and anytime thereafter is found to be violating that order, the offending vehicle may be seized and impounded by the city until the violation is prosecuted. Impound costs shall be borne by the owner of the vehicle or his designee. D. "Recreational purposes" means that the vehicle is being driven on property without any apparent purpose and for the apparent pleasure of the operator or a bystander. This definition shall not apply when the vehicle is being used for the delivery or pickup of goods or materials or the provision of services to that property. 7.20.110 Removal of traffic obstructions. A. The city traffic safety committee shall investigate conditions reported by the police department or city engineer wherein there is a serious or potentially serious traffic hazard condition caused by obscured vision at street and alley intersections, driveways or sidewalks. For the purposes of this section, a serious traffic hazard condition occurs and obscures vision when any landscaping, fence, lawn ornament, sign, apparatus, structure or containment other than a building, occupies the visual field of drivers on public streets in such a way that the usual capability or control of vehicles is thereby impaired or limited. The standards adopted by the California department of Transportation (Caltrans) and the California Highway Patrol (CHP) shall be used in making findings of hazard. That committee shall, where appropriate, submit a report and recommendation to the City Council for corrective action. The City Council may, after conducting a public hearing thereon, make a finding that a traffic hazard exits and that the contributing view -obscuring conditions are a public nuisance. An order by the City Council to abate such a public nuisance and the abatement shall follow the procedures set forth in Section 7.12.090. B. This section is not subject to any grandfather privilege that might be raised on the grounds that the subject traffic hazard predates the adoption of this regulation or that the condition has existed for an extended length of time, with or without knowledge of city traffic officials, or others. 1999 Ordinance 4 Outdoor Activities and Enforcement C. It is unlawful for any person to fail to remove a serious or potentially serious traffic hazard resulting from a condition maintained outdoors on private property owned or occupied by that person which may cause obscured vision to an approaching motorist, within ten (10) days following written notice from the City Council, or the City Manager acting for the City Council. Notice may be provided by: (1) posting a notice on the property; or, (2) by sending a written notice to the property owner or occupant by both certified mail and by first class mail; receipt of either of which shall constitute service of notice; or (3) by a combination of both (1) and (2) above. D. This section shall not be construed to create a mandatory duty on the part of the City or any official or employee of the City under Section 815.6 of the California Government Code, nor shall this section be construed to impose any civil liability upon the City or any official or employee of the City. 7.20.130 Repairing and washing of vehicles on residential property --restricted. A. Except as permitted in Section 7.20.130B or C, it is unlawful to wash or repair a motor vehicle upon property used for residential purposes within the city limits. B. A motor vehicle may be repaired by the registered owner of that vehicle upon property owned by or rented to that vehicle owner, provided the repairs are done either in an enclosed garage, within the rear yard setback or on a paved parking space or driveway. C. Non-commercial motor vehicles registered to a resident of the property may be washed on that property, provided that no liquids other than potable water, either alone or mixed with soap or detergent, drain onto a public street. 7.20.140 Vehicle storage of certain inoperative or unlicensed vehicles, recreational vehicles and boats, or parking on landscaped setback --prohibited. A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair, store or wash any vehicle within or upon any unpaved portion of any public or private property. B. Except in paved areas or driveways specifically designed for parking, it is unlawful to park a vehicle within the front yard or the exterior side yard setbacks of private residential property, or on the parkway or landscape area of the public right of way. C. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current or valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or any vehicle for which a certificate of non -operation has been issued by the Department of Motor Vehicles on residential property, except within a fully enclosed garage. D. It is unlawful to park or store any recreational vehicle, boat or boat and trailer: 1. On a residential parcel unless that recreational vehicle, boat or trailer is owned by and registered to an occupant of a legal dwelling unit on the same parcel; or, 2. On any other parcel unless the parcel is zoned and licensed for use as a recreational vehicle or boat storage yard or repair facility. E. Vehicles parked or stored in violation of this Section 7.20.140 are declared to be public nuisances and subject to abatement and removal in accordance with Chapter 11.48. Citations for violations of this section shall not be issued until 24 hours have elapsed after the placement of a notice of warning upon the offending vehicle or the concerned property when access to the vehicle is denied. 1999 Ordinance 5 Outdoor Activities and Enforcement 7.20.150 Vehicles used for outdoor advertising. A. It is unlawful for any person to park any vehicle, whether licensed or not, upon private property in any location visible from any public street, highway or alley when such vehicle has upon it, within it or attached to it any sort of sign or advertising device that would in any way render that vehicle inoperable under the provisions of the California Vehicle Code; or which diverts the attention of any vehicle operator on any adjacent roadway or limits the field of vision of such operator or any pedestrian. Illuminated signs of any sort, animated displays, or message boards on such vehicles are prohibited. B. Vehicles found to be in violation of this section may be seized, impounded and held until the violation has been prosecuted. Section 4. read as follows: That Title 7, Chapter 7.32 is amended by amending Section 7.32.020 to 7.32.020 Persons charged with enforcement of this title. A. Unless otherwise specified, it is the responsibility of the code conformance officer to enforce all the provisions of this Title 7 of the National City Municipal Code. In addition, the city manager may designate and assign administrative responsibilities for enforcement activities to any of the city's departments to fully utilize available manpower, expertise and resources. (B and C - no change) . PASSED and ADOPTED this 26th day of October 1999. George H. Waters, Mayor ATTEST: Mi 1 ael R. Dall City Clerk APPROVED AS TO FORM: 40: 2C George H. Eiser, III City Attorney 1999 Ordinance 6 Outdoor Activities and Enforcement Passed and adopted by the Council of the City of National City, California, on October 26, 1999, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California I►r� �1/ rJ a4 At/ Ci lerk of the Ci of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on October 5, 1999, and on October 26, 1999. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 99-2169 of the City Council of the City of National City, passed and adopted by the Council of said City on October 26, 1999. City Clerk of the City of National City, California By: Deputy