City of Chino
CA

Staff Report

Approve the introduction of Ordinance No. 2017-007, adding Chapter 12.15 of the Chino Municipal Code regarding collection containers.

Information

Department:Community Development DepartmentSponsors:
Category:Public Hearing

Attachments

  1. Printout
  2. Ordinance 2017-007 re Collection Containers (This file has not yet been converted to a viewable format)
  3. Reso 2017-031 re Collection Containers (This file has not yet been converted to a viewable format)

Budget String

Revenue: Expenditure: Transfer In: Transfer Out:

Body

BACKGROUND

The City has experienced a rapid increase in the installation of Collection Containers used for the purpose of collecting salvageable items. In many cases, the Collection Containers are randomly placed in required parking spaces, required landscaped areas, and residential zoning districts of the City, often without the property owner’s permission. The rapid increase in Collection Containers directly contributes to visual clutter in the City.  Collection Containers also contribute to blight and other public nuisances in the City due to graffiti, poor maintenance, and the accumulation of debris and excess items left outside of the Collection Containers.

 

ISSUES/ANALYSIS

The City desires to regulate Collection Containers in a manner consistent with State and Federal law and that promote the health, safety, and general welfare of residents and businesses within the City, while limiting the negative aspects associated with such Collection Containers. The City has previously enacted Title 12 of the Chino Municipal Code (CMC) to regulate Streets, Sidewalks, and Other Public Places. The City is now requesting to add Chapter 12.15 under Title 12 of the Chino Municipal Code to regulate Collection Containers within City limits.  Nothing in the proposed Ordinance shall allow persons to engage in conduct that violates the law, endangers others, causes a public nuisance, or allows any other activity relating to Collection Containers that is otherwise illegal under California or federal law.

The Ninth Circuit Court of Appeals recently upheld a similar ordinance passed by the City of Oakland regulating donation and collection bins. In the case of Recycle for Change v. City of Oakland, the Court upheld the City of Oakland’s ordinance as complying with the First Amendment because it was content-neutral and regulated all collection and donation bins in the same manner by 1) requiring permit fees; 2) placing restrictions on the size and location of the bins; and 3) prohibiting the placement of bins within 1,000 feet of one another. The City of Chino’s proposed Collection Container Ordinance is intended to regulate all Collection Containers in a similar manner as the City of Oakland’s ordinance.

 

ENVIRONMENTAL IMPACT

The Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3), Review for Exemption, as the Ordinance alone does not have the potential for causing a significant effect on the environment.  Further permits and approvals will be required before any activity that will affect the environment will be permitted.

 

 

Attachments:  Ordinance No. 2017-007

                            Resolution No. 2017-031

 

Meeting History

Jun 20, 2017 7:00 PM Video City Council Regular Meeting
draft Draft

ORDINANCE NO. 2017-007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 12.15 OF THE CHINO MUNICIPAL CODE REGARDING COLLECTION CONTAINERS

RESULT:APPROVED [UNANIMOUS]
MOVER:Earl C. Elrod, Council Member
SECONDER:Gary George, Council Member
AYES:Gary George, Eunice M. Ulloa, Tom Haughey, Earl C. Elrod