File #: O-33-18    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 8/7/2018 In control: City Council
On agenda: 10/22/2018 Final action: 10/22/2018
Title: Commercial Recycling - For the purpose of establishing guidelines for commercial recycling; and clarifying the enforcement procedures for repeat violations of Chapter 10.16
Sponsors: Elly Tierney
Indexes: Housing and Human Welfare Committee
Attachments: 1. O-33-18 Commercial Recycling.pdf, 2. O-33-18 SR and FIN.pdf, 3. O-33-18 Signed.pdf

Title

Commercial Recycling - For the purpose of establishing guidelines for commercial recycling; and clarifying the enforcement procedures for repeat violations of Chapter 10.16

Body

 

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 33-18

 

Introduced by: Alderwoman Tierney

 

Referred to

Housing and Human Welfare Committee

 

 

AN ORDINANCE concerning

 

Commercial Recycling

 

FOR                     the purpose of establishing guidelines for commercial recycling; and clarifying the enforcement procedures for repeat violations of Chapter 10.16.

 

BY                     repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2018 Edition

                     10.16.240

                     10.16.270

 

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

TITLE 10 - HEALTH AND SAFETY

 

Chapter 10.16 - SOLID WASTE

 

Article VII - Commercial recycling

Section 10.16.240 - Commercial recycling.

 

A.                      The Director of Public Works shall establish a voluntary curbside collection service for recyclables from persons whose property is not otherwise supplied with curbside collection service. The Director may set reasonable criteria for determining eligibility for participation in the service for those who own, operate, or control commercial establishments.

B.                      There is a service charge, to be determined by the Director of Public Works, on a property-by-property basis based on the cost of collection from that property, to be charged to each person that participates in the voluntary curbside collection program.

C.                      An agreement shall be signed with commercial establishments seeking voluntary collection service and the Director of Public Works shall be responsible for enforcing such agreements.

D.                     Recyclable materials may be commingled into City-approved recycling containers. Paper and cardboard shall be placed in the recycling container, in paper bags, or tied into bundles not to exceed thirty-five pounds in weight and not to exceed one foot in thickness.

E.                     Material may not be set out for collection prior to 11:00 PM the night before collection.  Containers must be removed from the curb immediately after collection.

 

Article IX - Enforcement

Section 10.16.270 - Violation-Notice.

 

The City shall give written notice of a violation of this chapter to the person responsible for the violation. The notice shall:

 

A.                      Be in writing;

B.                      Include a statement of the reason why it is being issued;

C.                      Allow a reasonable time for the performance of any act it requires;

D.                      Be served upon the owner or the agent of the owner of the premises on which the alleged violation occurred. The notice shall be served personally or in accordance with any other method authorized under the laws of the state;

E.                      Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter;

F.                      State that, unless conditions or practices described in the notice are corrected within the reasonable time specified in the notice, the person involved will be subject to the penalty provided for violations of this chapter.

G.                     After receiving a written notice of violation, if the same violation reoccurs within 90 days, such repeat violation shall constitute a municipal infraction pursuant to Section 10.16.280.

 

 

 

SECTION  II:   AND  BE  IT  FURTHER  ESTABLISHED  AND  ORDAINED  BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.

 

 

EXPLANATION

Underlining indicates matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Double Underlining indicates amendments.