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Ordinance 2792CITY OF ALAMEDA ORDINANCE NO. New Series 2792 AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SUBSECTION 21-15.4 (COLLECTION OF RECYCLABLE MATERIALS) OF ARTICLE III (RECYCLING), CHAPTER XXI (SOLID WASTE AND RECYCLING) TO ALLOW EXEMPTION FROM CURBSIDE RECYCLING REQUIREMENTS UNDER CERTAIN SPECIFIC CONDITIONS BE IT ORDAINED by the Council of the City of Alameda that Section 1 . The Alameda Municipal Code is hereby amended by replacing Subsection 21- 15.4 (Collection of Recyclable Materials) of Article II (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 r; 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 o refuse or otherwise fail to initiate the collection of recyclable materials , the City may, of its own I: volition, initiate such service at the person s expense. Such action may be taen by the City if a .cdetermnation is made that the absence of collection of recyclable materials creates a burden on )I solid waste disposal and wil detract from the City's abilty to comply with the requirements of the California Integrated Waste Management Act , or the Alameda County Waste Reduction andRecycling Intiative Charter Amendment. b. The collection of recyclable materials shall include the separate collection of organic (including but not limited to yard trimngs) and inorganic (including but not limited to scrap paper, cans, and bottles) 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 otherwise subject to the requirements of this section may be exempt from the organic 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 licensed 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.f. Any person who is otherwise subject to the requirements of this section shall be exempt from the inorganic recyclables compone nt of the City's mandatory recycling program under either of the following circumstances: 1. A person who can establish, to the satsfaction of the City Manager or his/her designee, that a negligible amount of inorganic recyclable materials collected by the City's authorized service provider and produced by the household are being disposed as solid waste. For purposes of this section, negligible is defined as less than 5% volume placed for disposal.2. A person who call establish , to the satsfaction of the ,-ity Manager or his/her designee, that all members of the household are incapacitated and unable to partcipate in the recycling program. Violation of any provision of this section shall be an infraction pursuant to section 1. of the Alameda Municipal Code. Section 2 . 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: the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council ofthe City of Alameda in regular meeting assembled on the 2nd day of February , 1999 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and President Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this 3rd day of February , 1999. Diane Felsch , City Clerk City of Alameda