Ordinance No. 13-2103 9.18 Litter Management and Anti-Litter EnforcementORDINANCE NO, 1 -2103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.18 (STORMWATER POLLUTION PREVENTION
AND WATERSHED PROTECTION) OF THE CUPERTINO MUNICIPAL
CODE TO ADDRESS LITTER MANAGEMENT AND ANTI-LITTER
ENFORCEMENT IN CONjUNCTIQN WITH THE CITY'S STORMWATER
PERMIT
THE CITY COUNCIL of THE CITY of CUPERTINO DOES HEREBY
Y
ORDAIN AS FOLLOWS:
Section 1. SECTION 9.1 .020 AMENDED. SECTION 9.1 .020 of the
Cupertino Municipal Code is hereby amended by the addition of a new
subsection 45. to read as follows:
9.18.020 Definitions,
45. .Litter. "" As used in this chapter, litter may be, but is not limited to, plastic,
paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal,
recyclable material,. or waste matter of whatever character.
Section 2. SECTION 9.18.210 AMENDED. SECTION 9,18.210 of the
Cupertino Mur clpal Code is hereby amended by the addition of subsection .I'.
to react as Follows:
9.18.210 S ormwater Pollutant Source controls and BMPs.
[I. through 3, unchanged]
4. All dischargers Heist implement and maintain minimum best
management practices. The Director of Public Works may require submission of
information to evaluate the implementation and/or require the implementation
of MPs to prevent pollutant - sources from entering the City's storm drain
collection system associated with outdoor process and manufacturing areas,
outdoor material storage areas, outdoor waste storage and disposal areas,
outdoor vehicle and equipment storage and maintenance areas, outdoor parking
and access roads, outdoor wash areas, outdoor drainage from indoor areas,
rooftop equipment, contaminated and erodible surfaces, or other sources
determined by the director to have a reasonable potential to contribute to
pollution of stormwater runoff. Minimum BMPs and source control measures
for all dischargers include, but are not limited to the following:
Ordinance Igo. 13 -2103
Page
[A. through O. unchanged
P. Outdoor Recycling, Composting and Trash Receptacle Sets required for
Public Use at New and redeveloped Commercial and Detail Sites.
1. To help prevent littering, a set of outdoor receptacles consisting of three
separate containers one each .for recyclable, compostable and garbage
materials must be provided by the property owner and placed together in
collection areas for public use at all new and redeveloped commercial and
retail sites. The receptacles shall be maintained by the property owner or
the property owner's designee.
2. one set of these receptacles may satisfy the requirement for up to four
adjacent businesses at one slopping center. The number of receptacle sets
that are required will be determined by the Director of public Works and
are intended to be sufficient to contain the amount of litter and debris that
is reasonable expected to be generated from the type and size of the
businesses at each commercial or retail site.
3. The requirement for outdoor litter receptacles shall be a condition of
approval that will be reviewed within the permit application process. The
condition maybe amended if an alternative set of bins will provide equal
containment of public litter, or waived by the Director of Public Works if
the potential impact from litter in the vicinity of the business is negligible.
Section 3. SECTION 9.x 8.215 ADDED. A new Section, Section 9.18.215, is
hereby added to the Cupertino Municipal Code to read as follows:
9.x 8.215 Litter Prevention and Enforcement.
A. violations
1. It is unlawful for any person to seep, throw, deposit, place, or drop
without picking up, any litter into or upon any public street, moray,
sidewalk, , parking lot or other public place, or in or upon private property
in the City into or upon which the public is admitted by easement or
license.
2. It is unlawful for any person to throw or deposit litter in any fountain,
pond, creel, stream or other body of water in a park or elsewhere within
the City.
Ordinance Igo. 13-2103
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3. It is unlawful for any person to collect any garbage, mixed rec ycl abl es, or
other materials from public or privately authorized outdoor receptacles,
kept or accumulated within the City, unless such person is are agent or
employee loyee of the City acting within the course and scope of his or her
employment, or is acting pursuant to franchise awarded by the City to
act as garbage collector.
4. It is unlawful for any person to throw or deposit litter on any occupied
private property within the City, whether owned by such person or not.
5. It is unlawful for any person to throw or deposit litter on any open or
vacant private property within the City whether or not the property is
owned by such person.
6. It is unlawful for any person to drive or move any open vehicle or trailer
within the City unless there is a tarp over the contents or the material is
constructed and loaded so as to ensure that all litter is prevented from
being blown or deposited upon any street, alley or other public or private
place.
B. Collection and Maintenance
1. persons placing material intended for disposal or recycling in public
receptacles or in authorized private receptacles shall do so in such a
manner as to prevent it from being scattered, carried or deposited by the
elements or animal scavengers upon any street, sidewalk, parking lot,
creek, park or other public or private place.
2. persons placing material intended for disposal or recycling in any public
or privately authorized outdoor receptacle shall ensure that the lid is left
completely closed. The over - filling of any outdoor receptacle intended for,
but not limited to, trash, coy postable organics and rec rclables, in a.
manner that does not allow the lid to be completely closed is prohibited.
The lid of a residential yard waste bin may be left partially open so long as
the greater part of the yard and tree trimmings are contained if It is
necessary to leave the lid partially open due to the branches or limbs not
fitting completely into the bin with the lid closed, Yard waste bins
containing food waste must be left with lids completely closed when not
being serviced..
Ordinance Igo. 13 -2103
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3. Uncontained large items originating from single - family homes that will
not fit into a receptacle may be placed at the curb for scheduled collection
within 24 hours of such collection by an agent or employee of the City or
by the a rardee of a franchise by the City to act as garbage and recycling
collector.
4. Persons owning or occupying property shall maintain the premises,
including the perimeter and the sidewalk in front of their premises, free of
loose litter.
5. Persons sharing receptacles placed outside of retail areas for public use, as
required in section .1 . 1 . . ., must also share equally in the
responsibility of emptying the receptacles so that they do not overflow
and maintaining the area around the receptacles so that it is free of loose
litter.
C. Exceptions
The provisions of this section shall not apply to the distribution of mail by the
United States, nor to newspapers of general circulation as defined by general
law, nor any periodical or current magazine regularly published; provided,
however, that no. newspaper shall be thrown, deposited or distributed upon
any premises where the owner or inhabitant thereof shall have previously
advised, in writing, the publisher or distributor of such newspaper not to do
so; and no newspaper shall be thrown, deposited or distributed upon any
premises where two 2 or more editions of the same newspaper remain
unclaimed by the owner or occupant thereof.
9.18.260 Administrative Penalties - Payment of Funds to Account,
Whenever the City Manager or his /tier designee finds that any person has
violated. any-provision of this chapter or has violated any notice requiring
compliance with any provision of this chapter, the City Manager or designee
may issue an administrative citation pursuant to the procedures set forth in
Chapter 1.10 of this code and assess an administrative penalty in a sum not to
exceed the amounts provided in Government Code 54740.5. 'The remedy
prove. le l in this section is cumulative and not exclusive, axed. shall be ire addition
to all other remedies available to the City tinder state and federal law and local
ordinances. Rinds collected pursuant to this section shall he paid to City's
Environmental Storm Management Account.
ordu -ia ce No. 13-2103
Cage
Section 4. Statement of I rose. This ordinance Is intended to support the
City's enforcement of the State of Callfor ia's anti - littering laws L California
Penal Code Section 374.4 and to require. waste receptacles at all new and
redeveloped commercial and retail sites within the City of Cupertino. In the
absence of this amendment, it would be difficult for the City to engage the
assistance of the publi
Ordinance No. 1 -2103
Page
INTRODUCED t a regular meeting of the Cupertino City Council the 15th day
of January 2013, and ENACTED at a regular meeting of the Cupertino City
Council the 51hday of March 2013, by the following vote:
Nate Members of the City Council
Ares,
Mahoney, ey, Wong, Chang, Santoro, Sinks
Noes.
None
Absent:
Done
Abstain:
None
1 f qT-
Grace 3cl idt, City Clerk
APPROVED.
rmi l Mahoney, Mar x {, City of C pertmi
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTIN4 }
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13 -2103, which was
enacted on March 5, 2013, and that it has been published or posted
pursuant to law (G.C. 40804).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 20th day of March, 2013.
GRACE SCHMIDI , City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate
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