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Ordinance 2744CITY OF ALAMEDA ORDINANCE NO. 2744 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SUBSECTION 21-15.4 (COLLECTION OF RECYCLABLE MATERIALS) TO SECTION 21- (RESIDENTIAL AND NONRESIDENTIAL RECYCLING), OF ARTICLE III (RECYCLING), CHAPTER XXI (SOLID WASTE AND RECYCLING) AND AMENDING SUBSECTION 21-3 (COLLECTION OF SOLID WASTE AND SOURCE SEPARATED RECYCLABLE AND ORGANIC RECYCLABLE MATERIAL) OF ARTICLE II (SOLID WASTE), CHATER XX (SOLID WASTE AND RECYCLING) BE IT ORDAINED by the Council of the City of Alameda that: . Section 1.The.Alameda Muncipal Code is hereby amended by adding Subsection 21-15.4 (Collection of Recyclable Materials) to Section 21-15 (Residential and Nonresidential Recycling), of Aricle III (Recycling), Chapter XXI (Solid Waste and Recycling), thereof to read: 21-15.4 Collection of Recyclable Materials It shall be mandatory that all persons receiving residential solid waste collection service shall also have recyclable materials collected as specified herein. a. Subject to the exceptions stated below, a person receiving residential solid waste collection service shall also initiate the collection of recyclable materials as defined in section 21-1 within fifteen (15) days of initiating solid waste collection. Should any person refuse or otherwise fail to initiate the collection of recyclable materials , the City may, of its own volition , '" initiate such service at the person s expense. Such action may be taen by the City if a determination is made that the absence of collection of recyclable materials creates a burden on solid waste disposal and will detract ITom the City's ability to comply with the requirements of the California Integrated Waste Management Act , or the Alameda County Waste Reduction and Recycling Initiative Charter Amendment.b. The collection of recyclable materials shall include the separate collection of organic (including but not limited to yard trimmings) and inorganic recyclable materials.c. No person shall contract for the collection of residential curbside recyclable materials except with the City s authorized service provider.d. Any person who is otherwse subject to the requirements of this section shall be exempt ITom the organc waste component of the City's mandatory recycling program under any of the following circumstances: 1. A person who can establish , to the satisfaction of the City Manager or his/her designee , that organic recyclable materials produced during landscape maintenance activities are being disposed of by a City licensed landscape maintenance provider at a licenced processing facility shall be exempt from the yard waste collection requirement. 2. A person who can establish, to the satisfaction of the City Manager or his/her designee , that they produce a negligible amount of organic recyclable materials shall be exempt from the yard waste collection requirement. e. Every person offered and/or receiving recycling collection service shall pay the fee established and collected by the City s authorized service provider and approved by the City Council. Violation of any provisIon of this section shall be an infraction pursuant to section 1.1 of the Alameda Municipal Code. However , citations shall not be issued without the prior consent of City Council. Section 2 The Alameda Municipal Code is hereby amended by amending Subsection 21-3 (Collection of Solid Waste and Source Separated Recyclable and Organic Recyclable Material) of Section 21-2 (Collection and Removal), Chapter XXI (Solid Waste and Recycling) thereof to read: 21-Collection of Solid Waste and Source Separated Recyclable and Organic Material. a. All solid waste within the City shall be collected and transported through the streets %&5 of the City by collector only, at the time, and in the maner hereinafer set forth , with the following exceptions: 1. Constrction or demolition debris removed from the premises by a State licensed contractor as par of a total constrction, remodeling or demolition service offered by that contractor rather than as a separately contracted or subcontracted hauling service using drop boxes or similar apparatus; or directly loaded onto a fixed body vehicle and hauled directly to a recycling or disposal facility;2. Anmal waste and remains from slaughterhouses and butcher shops , or grease waste for use as tallow; 3. By-products of sewage treatment including sludge , grit and screenings;and 4. Solid waste or organic recyclable material ' collected by City staff, or its designated contractor, as par of normal operations and transported to a disposal facility. b. Organic and inorganc recyclable materials shall be collected by the City authorized recycling service provider pursuant to Alameda Municipal Code section 21:'15.4 subject to the exemptions provided in that section.c. Excess amounts of solid waste that does not fit into the solid waste receptacles on the premises may be hauled directly to a licensed disposal facility by a person who is a generator ofthat solid waste; ths does not remove the requirement for subscription by the propert owner or occupant to regular solid waste collection service as defined in Section 21-d. Reeyclables which are donated to a youth, civic , charitable or other nonprofit organization may be transported through City streets. e. Source-Separated Recyclables and/or Organic Recyclable Material from non- residential sources may be collected by a Recycler under contract to the City or through private arrangement between the generator and a Recycler. Section 3 This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: ****** Revised 10/14/97 the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21stday of , 1997, by the following vote to wit: AYES:Councilmembers Daysog, DeWitt Lucas and President Appezzato Kerr, NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 22nd day of October , 1997. Dian Felsch , City Clerk Ci ty of Alameda