Chapter 8.24


8.24.010    Purpose of provisions.

8.24.020    Definitions.

8.24.030    Recycling requirements—Penalty for violation.

8.24.010 Purpose of provisions.

A. The purpose of these regulations is to do the following:

1. Regulate the location, height, size and design features of recycling and trash enclosures and containers in order to provide adequate, convenient space for the collection, storage and loading of recycled material at each proposed and existing communally serviced residential, commercial, institutional and industrial development;

2. Ensure the provision of adequate locations of recycling/trash enclosures;

3. Increase the recycling of reusable materials; and

4. Reduce litter.

B. These regulations are necessary in order to:

1. Lengthen the life span of the landfill and decrease the cost of hauling to the landfill;

2. Encourage the reuse of recyclable material in order to reduce our reliance on and use of virgin materials;

3. Encourage each citizen’s choice to dispose of solid waste responsibly; and

4. Decrease the impact of the citizen’s consumption of renewable and nonrenewable materials to the environment. (Ord. 1156 § 1, 1994: Ord. 1076 § 1, 1991)

8.24.020 Definitions.

A. “Communally serviced residence” means apartments, quadruplexes, town-homes, condominiums, mobile home parks and other resident occupancies at which wastes from individual resident units are commingled in a common container or a group of containers.

B. “Curbside collection” means a method of collecting source-separated recyclable materials from the curb of residential waste generation.

C. “Exterior collection area” means a final building collection area for all recyclable materials.

D. “Garbage” shall be as defined in Section 8.04.030 of this Code.

E. “Individually serviced residence” means single-family houses, each dwelling unit of a duplex, triplex, quadruplex, mobile home park, condominium or other residence facility at which wastes are stored and made available for collection by or at each individual residence unit.

F. “Recyclable materials (recyclables)” shall be as defined in Section 8.04.030 of this Code.

G. “Recycling” shall be as defined in Section 8.04.030 of this Code. (Ord. 1238 §§ 2—4, 1998: Ord. 1156 § 2, 1994: Ord. 1076 § 2, 1991)

8.24.030 Recycling requirements— Penalty for violation.

A. Individually serviced residences when utilizing the local recycling program may place recyclables at curbside on the day of the week that garbage is collected on the once per week schedule. Each recyclable shall be separately containerized in containers provided by, and in the manner designated by, the recycling collection company.

B. All existing and proposed development that is communally serviced residential, commercial, institutional, or industrial which produces recyclable materials shall make recycling containers, in the manner designated by the recycling collection company, within required trash enclosures with the following exceptions:

1. If the existing development does not maintain a trash enclosure, all garbage and recycling containers shall be kept in areas which are not visible from public rights-of-way and neighboring properties and which comply with all health department requirements.

2. If the existing development is located within the east side industrial area and is not yet required to maintain a trash enclosure, the required recycling containers may be located adjacent to the existing dumpster or other trash container until December 31, 1996, or until an authorized extension is granted and expires, after which time the development must provide a trash enclosure with recycling containers pursuant to this chapter and Chapter 18.146 of this code.

C. The City recognizes the existence of hardships based upon the unique features inherent in each applicant’s complex that may interfere with the goal of siting the recycling containers at each trash enclosure. As such, the Planning Department will work with each applicant and the City’s recycling collection company to formulate an acceptable plan that allows for flexibility in the number of containers sited and their locations. The City’s primary goal is to institute an accessible recycling collection program at each complex while minimizing undue hardships for the owner(s). The Planning Director or his delagee shall approve trash/recycling enclosures if they are satisfied that the plan conforms to the requirements and intent of this section and may impose any additional conditions, or make exceptions to parking, landscape or setback requirements where there are no other feasible placement alternatives, deemed necessary to meet the intent of the ordinance codified in this chapter.

1. The applicant shall be notified in writing of the action taken by the Planning Department. An approved plan shall be fully implemented within six months after approval date. Applicants shall resubmit revised plans within one month should a plan be denied.

2. Any determination of the Planning Department may be appealed to the Planning Commission. Appeals shall be initiated only upon written request to the City Clerk for a hearing before the Planning Commission and shall be in accordance with Chapter 18.132 of this code.

D. Recycling and Trash Enclosure Design Guidelines.

1. In addition to the requirements of this chapter and Chapter 18.146 of this code, the following regulations shall apply for recycling and trash enclosure materials, construction and design:

a. Each recycling and trash enclosure shall be designed to allow convenient access by tenants without having to open the main enclosure gates.

b. The enclosures shall be adequate in capacity, number and distribution to serve the development’s recycling needs.

c. The property owner shall supply (through the local waste removal/recycling entity) and maintain adequate bins and containers for recycling. Location, type and placement of bins and containers shall be reviewed and approved by the Planning Department.

d. Maintenance of each recycling and trash enclosure and the bins and containers shall be the responsibility of the property owner.

e. Whenever feasible, the recycling collection area and the trash collection area shall be adjacent to one another in one enclosure.

f. The design and construction of recycling areas shall be compatible with surrounding land uses.

g. Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

h. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

i. There must be unobstructed access for collection vehicles and personnel and a minimum clearance for collection.

j. Recycling areas shall not be located in any area required by this code to be constructed or maintained as unencumbered according to fire and other applicable building and/or public safety laws.

2. Instructional Signs. Signs shall be posted on each container listing which material shall be disposed of in that container.

3. Landscaping. The perimeter of the recycling and trash enclosure shall be planted where practical with drought-resistant landscaping, including a combination of shrubs and/or climbing evergreen vines, wherever possible.

4. Distance of Recycling and Trash Enclosure from Communally Services Residences. Each recycling and trash enclosure within a communally serviced residential development shall be no greater than two hundred fifty feet from the nearest point of each unit.

E. Special Requirements.

1. Residential developers and property owners are encouraged to include recycling space or systems within the residence; such as roll-out drawers below the sink for recycling containers; fire-proof, cleanable, secure chutes from the living space to the garage containers, etc.

2. Restaurants, bars and food establishments are encouraged to use reusable soda canisters whenever possible instead of individually packaged glass bottles and cans.

F. Penalties.

1. Any violation or failure to comply with any of the requirements of the ordinance codified in this chapter shall be deemed a nuisance and shall be punishable as set forth in Chapter 1.20 of this code.

2. The City Attorney may seek legal, injunctive or other equitable relief to enforce the ordinance codified in this chapter.

3. The remedies and penalties provided in this section are cumulative and not exclusive. (Ord. 1156 § 3, 1994: Ord. 1076 § 3, 1991)