HomeMy WebLinkAboutOrdinances - No. 1815ORDINANCE NO. 1815
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODl AMENDING LODl MUNICIPAL CODE
AND REENACTING SECTION 13.1 6.01 0, ”DEFINITIONS”
CHAPTER 13.16 -SOLID WASTE - BY REPEALING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
Section 1.
repealing and reenacting Section 13.1 6.01 0, “Definitions,” and shall read as follows:
Lodi Municipal Code Chapter 13.1 6 - Solid Waste - is hereby amended by
13.1 6.01 0 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
A. “Collection” means the act of collecting refuse at the place of waste
generation by an approved collection agent (public or private) and is
distinguished from “removal.”
B. “Collection vehicle or equipment” means and includes any vehicle or
equipment used in the collection of residential refuse or commercial or
industrial solid wastes.
C. “Commercial customers” means all commercial (non-manufacturing)
enterprises within the city limits except industrial customers.
D. “Construction/Demolition waste” means used or discarded materials
generated within the city limits during the construction, remodeling,
renovation, or demolition on residential and commercial buildings and any
other structure or pavement.
E. “Container service” means the type of refuse removal consisting of
containers ranging from one cubic yard to fifty cubic yards, typically for large
volume ref use gene rat0 rs .
F. “Contract” means the written agreement covering the performance of the
work, including, but not limited to, the formal agreement, and special
provisions, affidavits and certificates of equal opportunity employment,
certificate of worker’s compensation insurance, the proposal, contract
specifications, and performance bond.
G. “Contractor” means the individual, partnership, corporation, joint venture or
other legal entity entering into a contract with the city to perform the work.
When modified by the phrase “as constituted,” it means the partnership,
corporation, or other legal entity as organized and existing, with the same
majority shareholders, as determined at the time of the execution of a
contract between the contractor and the city.
H. “Disposal site” means and includes the place, location, tract of land, area, or
premises in use, intended to be used, or which has been used for the landfill
disposal of solid wastes.
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“Garden (green) waste” means refuse consisting of grass, leaves, wood
chips, green plants, weeds, tree branches, and garden trimmings.
“Industrial customer” means all manufacturing enterprises who generate
industrial waste within the city limits except commercial customers. The city
manager or other designee shall determine whether a customer is “industrial”
or “commercial.”
“Industrial waste” means solid waste originating from manufacturing facilities
and factories within the city limits including construction and demolition
projects. Industrial waste also means solid waste produced by any person,
firm, or corporation primarily engaged in the business of processing and
manufacturing for the purpose of wholesale.
“Multi-cart service” means the type of refuse removal designed for source
separating into three carts. One cart for non-recyclable materials and non-
green waste, one cart for recyclable materials, and one cart for green waste.
This type of service is generally for lower volume refuse generators with carts
of less than one hundred gallons.
“Recycling” means the process by which salvaged materials become usable
products.
“Refuse” means any and all discarded items and substances of every kind,
including salvageable or recyclable materials, and garden (green) wastes,
but not including sewage, septic tank contents, infectious wastes, or
hazardous wastes as defined by state and/or federal law.
“Removal” means the act of taking solid wastes from the place of waste
generation either by an approved collection agent or by a person in control of
the premises.
“Residential customer” means all residences within the city limits, including
single-family and multi-family dwellings.
‘Subcontractor” means the individual, partnership, or corporation or other
legal entity entering into a contract with the contractor to perform a portion of
the work.
‘Transfer station/resource recovery facility” means and includes those
facilities utilized to receive solid wastes, temporarily store, separate, convert
or otherwise process the materials in the solid wastes, or to transfer the solid
wastes directly from smaller to larger vehicles for transport to their final place
of disposition.
Section 2 - No Mandatow Dutv of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
Section 3. In the event that any portion of this Ordinance is determined to be invalid or
illegal then the entire Ordinance will be repealed and reenacted back to its form prior to
September 21,2005.
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Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 5. This ordinance shall be published one time in the “Lodi News Sentinel,” a daily
newspaper of general circulation printed and published in the City of Lodi, and shall be in
force and take effect 30 days from and after its passage and approval.
Approved this 20th day of August, 2008
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 181 5 was
introduced at a regular meeting of the City Council of the City of Lodi held August 6,2008,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held August 20, 2008, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson,
Katzakian, and Mayor Mounce
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 181 5 was approved and signed by the Mayor of the date
of its passage and the same has been published pursuant to law. n
City Clerk
Approved as to-Form:
City Attorney
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