HomeMy WebLinkAbout04/03/1991, 4 - CONSIDERATION OF AN AMENDMENT TO MUNICIPAL CODE SECTION 8.04.020 (F) WHICH DEFINES WHEN REFUSE AND GARBAGE CONTAINERS MAY BE PLACED FOR PICK UP IN THE PUBLIC RIGHT-OF-WAY IN THE BUSINESS IMPROVEMENT AREA. � f p MEETING DATE:
Cl O Shc1 LUIS OBIS O
COUNCIL AGENDA REPORT Imo"'NUMBER:
FROM:
David F. Romero, Public Works Director
Wayne A. Peterson, City Enginee
Prepared by: Mike Bertaccini, Engineering Assistar
SUBJECT:
Consideration of an amendment to Municipal Code Section
8.04.020(F) which defines when refuse and garbage containers may
be placed for pick up in the public right-of-way in the Business
Improvement Area.
CAO RECOMMENDATION:
By motion, Pass to Print an amendment to Section 8.04. 020(F) of
the Municipal Code establishing additional restrictions for the
placement of refuse and garbage containers in the Business
Improvement Area.
DISCUSSION:
Currently, Section 8.04.020(F) of the Municipal Code allows refuse
and garbage containers to be placed on the sidewalk, adjacent to
the street, up to twenty-four hours prior to pickup by the garbage
company. The removal of the containers must occur within the
twelve hour period following pickup. (Current regulations require
appropriate containers, not loose boxes, etc. . . ) .
In the downtown Business Improvement Area (as defined in Chapter
12.36 of the Municipal Code) this poses several problems, one of
which is potential pedestrian trip hazards. When trash containers
are placed on the sidewalk for pickup during normal business hours
the sidewalks become partially obstructed and are unsightly.
People entering and exiting vehicles are sometimes forced to go
around, through, step over, or move boxes and trash containers to
get from the sidewalk to their car.
Pedestrians walking on the sidewalks are forced to navigate a
meandering path around boxes or garbage containers that have been
misplaced or moved. Empty boxes and packing material are very
easily scattered around.
These proposed changes to the Municipal Code will require refuse
and garbage containers in the Business Improvement Area to be
placed for pickup after 5:00 pm or the close of business,
whichever is later. Furthermore, garbage containers would be
required to be removed before 10:00 am following pickup. This
would change the existing situation illustrated above and insure
the public sidewalk remains clear during the majority of business
and pedestrian activity in the downtown.
1
����►�ullVlllllllp�h�'�u�����1 city of San IDIS OBISp0
Is COUNCIL AGENDA REPORT
Amendment o MC Section 8.04.020(F)
Meeting of April 16, 1991
Page Two
CITIZEN PARTICIPATION
I
The Business Improvement Association and the San Luis Obispo
Chamber of Commerce have met with City staff to review and discuss
the proposed changes. Both organizations are in complete support
of the proposed changes.
ALTERNATIVES:
Option 1: Pass to print the ordinance amendment and set a
public hearing for May 7, 1991. Primary advantage
will be the clean-up of the downtown of garbage
containers during the principle business hours and
eliminate
. potential pedestrian hazards.
STAFF RECOMMENDED ACTION.
Option 2: Deny-passage to print of this ordinance. A
disadvantage will be the problems and hazards to the
public associated with garbage and containers in the
downtown will continue.
FISCAL IMPACT
None.
CONCURRENCES:
The Community Development Director, City Attorney, Chamber of
Commerce and Business Improvement Association concur with the
recommended action.
RECOMMENDATION:
By motion, pass to print an ordinance amending Section 8. 04.020 (F)
of the Municipal Code establishing more restrictions for the
placement of refuse and garbage containers in the Business
Improvement Area and set a public hearing for May 7, 1991, to
consider the ordinance.
Attachments:
1 - Legislative draft
2 - Draft ordinance
3 - Current Municipal Code section 8.04.020(F) , "Accumulation - Type
and placement of containers. "
4 - Memorandum re: meeting between City staff, BIA, Chamber of
Commerce held on December 11, 1990.
mb\net\ccform.wp
I
LEGISLATIVE DRAFT
Section 8.04. 020(F) of the Municipal Code of the City of San Luis
Obispo is amended as follows:
F. Refuse and garbage containers shall not be placed adjacent to the
street for pickup more than twenty-fours hourslu `'' ° 'before
pickup time, and such containers shall be removed within the
twelve-hour period following pickupi. EXCEPT in the Business
Improvement Area (as defined in Chanter 12.36) . In the Business
Improvement Area, refuse and garbage containers shall not be placed
adiacent to the street for pickup before 5:00 PM or the close of
business on the day preceding pickup, whichever is later. Such
containers shall be removed before 10:00 AM following. (Prior code:
Ord. 1040 (part) , 1985 zb c` § 5200. 1)
ORDINANCE NO. (1990 Series)
AN ORDINANCE OF THE CI'T'Y OF SAN LUIS OBISPO AMEND::�G
SECTION 8.04.020(F) OF THE SAN LUIS OBISPO MUNICIPAL
CODE REGARDING THE PLACEMENT AND PICKUP OF GARBAGE CO2""AINERS
BE IT ORDAINED by the Council of the City of San Luigi Obispo as
follows:
SECTION 1. Section 8.04.020(F) of the Municipal Code of the
City of San Luis Obispo is hereby amended to read as follows:
F. Refuse and garbage containers shall not be placed
adjacent to the street for pickup more than twenty-four hours
before pickup time, and such containers shall be removed within the
twelve-hour period following pickup, EXCEPT in the Business
Improvement Area (as defined in Chapter 12 .36) . In the Business
Improvement Area, refuse and garbage containers shall not be placed
adjacent to the street for pickup before 5:00 PM or the close of
business on the day preceding pickup, whichever is later. Such
containers shall be removed before 10:00 AM following pickup.
(Prior code: Ord. No. 1040 (1985 Series) part; § 5200. 1)
SECTION 2. This ordinance, together with the ayes and noes,
shall be published at least three (3) days prior to its final
passage in the Telegram-Tribune, a newspaper published and
circulated in said City, and the same shall go into ef-fect at the
expiration of thirty (30) days after its said final passage.
Ordinance No. (1990 Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the day of , 1991.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Ordinance (1991 Series)
MAYOR Ron Dunin
ATTEST:
CITY CLERK Pam Voges
APPROVED:
City Admin trative Officer
tt or ey
Public Works Director
8.04.020
J. "Rubbis ' means and i#cludes all corn- at all times. The outside of each receptacle. ;
bustible and oncombustibl8 waste matter, including its cover, shall be kept clean from
excepting gart 3ge ordinarily accumulating in accumulating grease or decomposing material.
and about resic ences,flats,buildings,apartment Garbage shall not be kept in any creek, lake or
houses,lodgin ouses,hotels,restaurants,eating drainageway whether it is in a receptacle or not.
houses. stores.tshops, offices and other public B. Rubbish. No person shall keep or accumu-
buildings. Among other thingsa it shall include late any rubbish or other solid waste unless the
tree trimmings] grass cuttings,.dead plants and same is kept in a suitable box or boxes, barrels or
weeds, but shall not include rO'ble. other suitable receptacles to be kept on each of
K "Rubble' means and includes all debris the premises,sufficient to hold the rubbish which
from the construction, demolition or alteration would ordinarily accumulate on such premises.
of buildings, earth, rocks or incinerator ashes, Rubbish shall not be kept in any creek, lake or
brick, mortar, joncrete and similar solid mate- drainageway whether it is in a receptacle or not.
Tial. C. Location of Garbage and Rubbish Con-
L. "Solid waste"means and includes all waste tainers. Each garbage vessel, tank or receptacle.
substances including garbage as well as com- and each rubbish container provided by the
bustible and noncombustible wastes.(Ord. 1040 owner, manager or person in possession. charge
(p�rt). 1985 prAorscode�✓L�2 0)d or control of any restaurant, hospital, hotel,
boardinghouse,cafe,cafeteria,and other like eat-
8.04.020 Accumulation—Type and placement ing places, apartment houses, and of butcher
of containers. shops and green vegetable stores and every per-
No person shall deposit keep, accumulate or son occupying a dwelling within the city,shall be
permit any rubbish; rubble, garbage or other kept or placed entirely above ground level at a
solid waste to be deposited,kept or accumulated location which is convenient for access by collec-
upon any lot or parcel ofland,or on any public or tion personnel during the time for collection, as
private place, creek lake or drainageway, street, follows:
lane,alley or drive,unless the same shall be kept, 1. Where there is an alley, other than a blind
deposited or allowed to.accumulate as provided alley, in the rear of the premises. such vessel.
in this chapter: tank, receptacle or rubbish container shall be
A. Garbage. No person shall keep, accumu- placed on the premises within five feet of the rear
late or permit to be kept or accumulated any property line.
garbage upon any lot or parcel of land,or on any 2. Where there is no alley, such vessel, tank,
public or private place,street,lane,alley or drive, receptacle or rubbish container shall be placed
unless the same shall be in metal or plastic recep- on the premises within twenty feet of the rear of
tacles provided with handles. Each receptacle the restaurant, cafe, cafeteria, hospital, hotel,
shall have a capacity of not less than five gallons boardinghouse. and other like eating places.
and not more than thirty-five gallons. The max- apartment houses, or dwelling from which gar-
imum weight of a receptacle and its contents at bage or rubbish is accumulated. It may not be
collection time shall not exceed seventy-five placed in any creek, lake or drainageway.
pounds. Each receptacle shall be provided with D. Containers which do not comply with the
close-fitting metal or plastic lids or covers which requirements as stipulated in this chapter or
shall be kept closed at all times except when which deteriorate to the point where they do not
necessarily opened to permit garbage to be taken comply will be tagged by the franchisee and, if
therefrom or deposited therein. Each receptacle not replaced by the next regular collection day,
shall be kept in a clean, neat, sanitary condition will be considered as rubbish and will be
Ilan Luis Obispo I-96) 166
8.04.030
removed by the franchisee in the same manner as than twenty-four hours prior to pickup time,and
anv other rubbish. such containers shall be removed within the
E. No person shall place. store or otherwise twelve-hour period following pickup. (Ord. 1040
keep any garbage or rubbish container in a recep- (part), 1985: prior code § 5200.1)
tacle or pit in an exterior location which is not
entirely above ground level. 8.04.030sportation.
�!L F. Refuse and garbage containers shall not be A. Solid aste and Rubb. h Transportation.
placed adjacent to the street for pickup more No solid w e or rubbish sh 1 be removed and
166-1 )sin Luis Obispo 1-86)
11-7
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cityo san l�u�s oBispoi
955 Morro Street • San Luis Obispo, CA 93401
Date: December 11, 1990
FILE MEMORANDUM
Subject: Meeting on December 11, 1990, regarding revisions
proposed to Municipal Code Section 8. 04. 020(F) .
In attendance: Chamber of Commerce (Dave Garth, Maggie
Cox) , BIA (Monte Lukov) , City Staff (Jerry
Kenny, Mike Bertaccini) .
The Chamber of Commerce voiced some concern for those shops not
open seven days a week. Indicating that they would be required to
come down on their day-off to take in the garbage container before
loam. The BIA countered by indicating the benefit to all downtown
businesses is much greater than the few that may be effected on
the days their shops are closed. Monte also added that they could
hold off putting out the containers until 5pm on their next
business day or making arrangements with a neighboring shop. After
this brief discussion, their concerns were laid to rest.
The BIA indicated other concerns with the handling of trash in the
downtown business community (eg.- centralized pickup for certain
blocks with limited storage areas, recycle bins in the downtown,
nighttime pickup, etc. . . ) . These issues will be discussed at a
later date with the appropriate City staff.
As of the meeting's conclusion, both the Chamber of Commerce and
the BIA are in complete support of the proposed Municipal Code
section revision.
c: Dave Romero
Dave Elliott
Cyndi Butterfield
BIA (Monte Lukov)
Chamber of Commerce (David Garth, Maggie Cox)
mb/net/garbage2.wp