City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 02/08/2022
Subject: Organic Waste Diversion Regulations
RECOMMENDED ACTION:
This ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in order to include the new State of California Organic Waste Diversion regulations.
BACKGROUND:
The City of Ripon along with all jurisdictions in California, are subject to several California solid waste laws. The most recent piece of legislation is SB1383 which requires jurisdictions to adopt enforceable ordinances that are consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities.
The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.
DISCUSSION/ANALYSIS:
The ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in order to include the new Organic Waste Diversion regulations. The regulations referenced are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and government entities. Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations which are enforced through the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.
FISCAL IMPACT:
The implementation of these mandated regulations will result in a significant increase in the City’s Garbage Enterprise Fund operating expenses. These anticipated additional expenses will result from additional tipping fees at the disposal and composting facilities used by the City, changes to the City’s collection routes, and staff time to complete all public outreach and reporting that is required to be in compliance with these new regulations. Since the regulations are so new and dramatically change solid waste collection for cities, local agencies and disposal facilities are still determining the extent of the cost increases.
ORDINANCE NO. 912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE CITY OF RIPON MUNICIPAL
CODE, TITLE 8, CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL”; PROVIDING DEFINITIONS
AND PROVIDING FOR AN EFFECTIVE DATE
NOW THEREFORE, the City of Ripon does ordain as follows:
SECTION 1. AMENDING CHAPTER 8.12 TO THE RIPON MUNICIPAL CODE.
Chapter 8.12 to the Ripon Municipal Code is hereby amended to include the following:
Sections:
8.12.015 Purpose
8.12.020 Definitions
8.12.030 Single-Family Generators
8.12.040 Commercial Businesses
8.12.050 Waivers for Generators
8.12.060 Requirements for Commercial Edible Food Generators
8.12.070 Requirements for Food Recovery Organizations and Services
8.12.080 Licensed Collectors and Organic Waste Facility Operators
8.12.090 Self-Haulers
8.12.100 Procurement
8.12.110 Inspections and Investigations by County or its Designees
8.12.120 Enforcement
8.12.015 Purpose
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
8.12.020 Definitions
For purposes of this Chapter, the following definitions apply:
(a) "Blue Container' has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
(b) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). (c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). (d) "C&D" means construction and demolition debris and has the same meaning as "Construction, Demolition and Landscaping Debris"
(e) "Waste Collection Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area.
(f) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forprofit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A MultiFamily Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.
(g) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in (mmm) and (nnn) of this section.
(h) "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (i) "Compliance Review" means a review of records by the City to determine compliance with this Chapter.
(j) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. (k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) "Designee" means an entity or individual that the County contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.
(m) “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded. (n) "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(o) “Environmental Health Department” means the San Joaquin County Environmental Health Department.
(p) "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the County and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance.
This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in County's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose County, or its Designee, to potential liability. (q) “Food” has the same meaning as in Section 113781 of the Health and Safety Code.
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(s) “Food Distributor” means a company that distributes Food to entities including, but no limited to. Supermarkets and Grocery Stores.
(t) “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.
(u) “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, including, but not limited to:
(A) A Food bank as defined in Section 113783 of the Health and Safety Code; (B) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code
(C) A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.
(v) “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
(w) “Food Service Provider” means an entity primarily engaged in providing Food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations. (x) "Generator" means a person or entity that is responsible for the initial creation of any waste material.
(y) "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (z) "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(aa) "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(bb) “Grocery Store” means a store primarily engaged in the retail sale of canned Food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the Food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store includes convenience stores.
(cc) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
(dd) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(ee) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
(ff) "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). (gg) "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.
(hh) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
(ii) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site is a single Large Venue. (jj) “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection contract has been awarded by the City. (kk) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.
(ll) "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
(mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses. (nn) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(oo) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(pp) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
(qq) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). (rr) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ss) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (tt) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(uu) "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Licensed Collector; or (2) Excluded Waste placed in any container.
(vv) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (ww) "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents any container in a Licensed Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
(xx) “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.
(yy) "Route Review" means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(zz) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(aaa) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(bbb) "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.
(ccc) “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.
(ddd) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(eee) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. (fff) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).
(ggg) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper. (hhh) "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.
(iii) "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container. (jjj) "State" means the State of California.
(kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. (lll) "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system. (mmm) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(A) Supermarket.
(B) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(C) Food service provider.
(D) Food distributor
(E) Wholesale Food vendor.
(nnn) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(B) Hotel with an onsite Food Facility and 200 or more rooms. (C) Health Facility with an on-site Food Facility and 100 or more beds. (E) Large Venue.
(F) Large Event.
(G) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (H) A Local Education Agency facility with an on-site Food Facility. (ooo) "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).
(ppp) “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
8.12.030 Single-Family Generators
With the exception of Single-Family Generators that meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, a Single-Family Organic Waste Generator shall:
(a) Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.030(b) through (d). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.
(b) Adjust its service level for its collection services as requested by the City. (c) Place designated materials in separate containers in accordance with the City collection system. Generator shall not place Prohibited Container Contaminants in collection containers.
(d) Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
8.12.040 Commercial Businesses
A Generator that is a Commercial Business shall:
(a) Subscribe to a City approved collection services and comply with requirements of those services as described below in Section 8.12.040(b) through (l), except Commercial Businesses that meet the Self-Hauler requirements in Section
8.12.090 of this Chapter. The City or Permitted Waste Collectors shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A Commercial Business shall adjust its collection service levels as requested. (b) Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
(c) Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090. (d) Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this Chapter are required on new containers commencing January 1, 2022.
Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section
8.12.040(d) pursuant to 14 CCR Section 18984.9(b).
(e) Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If selfhauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of 8.12.090. Multi-Family Residential Dwellings are exempt from this requirement. (f) Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
Multi-Family Residential Dwellings are exempt from this requirement. (g) Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090. (i) Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.110 of this Chapter, in order to confirm compliance with the requirements of this Chapter. (j) Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system. (k) Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City. (l) Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(m) Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul.
8.12.050 Waivers for Generators
(a) De Minimis Waiver:
For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.050(a)(2) below.
Commercial Businesses requesting a De Minimis Waiver shall:
(1) Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section
8.12.050(a)(2) below.
(2) Provide documentation in a City-approved format that either:
(A) The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business's total waste; or
(B) The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.
(3) Notify City if circumstances change such that the Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.
(b) Physical Space Waiver:
Given inadequate space for collection containers, for Two-Container, Three-Container or Three-Plus Container Systems, City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.030 or 8.12.040.
A Physical Space Waiver may be requested through the following process:
(1) Submit a City-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
(3) Provide written City-approved verification to City that it is still eligible for Physical Space Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences are meeting Physical Space Waivers for compliance with this Chapter.
8.12.060 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing Food services, but allowing for Food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City or designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of Food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery
Organization.
(iii) The established frequency that Food will be collected or self-hauled.
(iv) The quantity of Food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time).
8.12.070 Requirements for Food Recovery Organizations, Services, and Jurisdictions (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 1 of each year.
(d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction.
8.12.080 Permitted Waste Collectors and Organic Waste Facility Operators. (a) Requirements for Permitted Waste Collectors, as defined in section 8.12 of the City of Ripon Municipal Code:
(1) A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.
(2) The Permitted Waste Collector shall:
(A) Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
(i) For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall
constitute approval.
(B) Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
(C) Identify, through written notice to the City annually on or before October 31 of each year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
(D) Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
(E) Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container.
(F) Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
(G) Transport Mixed Waste to a High Diversion Organic Waste Processing Facility.
(H) Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.120(c) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5.
(I) Submit a Route Review or Waste Evaluation plan and
methodology annually or as requested by City for approval. (J) Submit annually a report to City summarizing the results of each Route Review with location of each violation identified. (K) Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of noncompliant customer names, addresses and service levels. (L) Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements. City shall approve such materials prior to issue.
(M) Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1.
(N) Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.
(O) Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 Self-Hauler requirements.
(P) Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.
(3) City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.
(b) Requirements for Organic Waste Facility Operators and Community Composting Operations:
(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
All such entities contacted by City shall respond within 60 days. (2) Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days.
8.12.090 Self-Haulers
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:
(1) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.
(2) Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
(3) Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(4) Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.
(5) Self-Haulers shall haul Gray Container Waste, to a licensed California Solid Waste Facility.
(c) Self-Haulers shall keep a record of the amount of all waste materials described in
8.12.090(b) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials described in 8.12.090(b). (d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 8.12.090(c) to City upon request.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 8.12.090(c). (f) Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code.
8.12.100 Procurement
(a) Ripon departments, and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12) and shall be detailed in the City of Ripon Procurement Policy.
8.12.110 Inspections and Investigations by City or Its Designees. (a) City representatives and their Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility to confirm compliance with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
For the purposes of inspecting Commercial Business containers for compliance with Section 8.12.040(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.040(k) of this Chapter.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this Chapter.
(c) Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding any entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.12.120 Enforcement.
(a) With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.120(c), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated.
(b) City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources. (c) Process for Determining Compliance with this Chapter (1) The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring). (2) For any incidence of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee, shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred.
If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties. (3) With the exception of violations of Container Contamination addressed under Section 8.12.120(c)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period of the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.
(4) The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections
8.12.060 and 8.12.070.
(5) Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties and fines.
Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information. (d) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024. (e) Enforcement Table
With the exception of Container Contamination violations addressed under Section
8.12.120(c)(2), violation of any provision of this Chapter, including but not limited to the violations listed below, City may commence an action to impose penalties and fines.
Code Section Description of Violation
Single-Family Generator
Requirement:
Section 8.12.030
Single-Family Organic Waste Generator fails to
source separate waste materials into appropriate
containers in accordance with City or Permitted
Waste Collector’s collection system.
Commercial Business
Requirement:
Sections 8.12.040
Commercial Business that does not self-haul, fails to
provide or arrange for Organic Waste collection
service through a Permitted Waste Collector.
Commercial Business
Requirement:
Sections 8.12.040
Commercial Business fails to supply and allow
access to adequate numbers, size, and location of
containers and sufficient signage, labelling, and
container color.
Commercial Business
Requirement: Section
8.12.040
Commercial Business fails to provide or arrange for
access to its premises for any Inspection or
investigation by City.
Licensed Collector
Requirement:
Section 8.12.080
A Permitted Waste Collector providing residential,
commercial or industrial Organic Waste collection
service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic
Waste, as prescribed by this Chapter.
Licensed Collector
Requirement:
Section 8.12.080
A Permitted Waste Collector providing residential,
commercial, or industrial Organic Waste collection
service fails to obtain approval issued by City to haul Organic Waste as prescribed by this Chapter.
Licensed Collector
Requirement:
Section 8.12.080
A Permitted Waste Collector fails to keep a record of
the applicable documentation of its approval by City
to collect Organic Waste, as prescribed by this
Chapter.
Organic Waste Facility
Operator Requirement:
Section 8.12.080
An entity fails to respond within 60 days to City’s
request for information necessary for organics
Recovery capacity planning. Such information may
include available, potential new or expanded
capacity at entity’s facility, including information
about throughput and permitted capacity.
Self-Hauler Requirement:
Section 8.12.090
A Self-Hauler fails to comply with the requirements
of this Chapter, such as failing to source separate
Organic Waste or failing to deliver such waste to a
facility that will recover it.
Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its
Edible Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its
Edible Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2024.
Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
Commercial Business,
Commercial Edible Food
Generator, Food Recovery
Organization or Food
Recovery Service
Sections 8.12.060 and
8.12.070
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping Requirements
for Commercial Edible Food
Generator
Section 8.12.060
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 8.12.060.
Recordkeeping Requirements
for Food Recovery Services
and Food Recovery
Organizations
Section 8.12.070
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant
to 14 CCR Section 18991.3(b) fails to keep records,
as prescribed by 8.12.070.
(f) Penalty Amounts
The penalty levels are as follows:
(1) For a first violation, the penalty amount shall be $50 per violation. (2) For a second violation, the penalty amount shall be $100 per violation. (3) For a third or subsequent violation, the penalty amount shall be $250 per violation.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 3. NO MANDATORY DUTY OF CARE This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of February, 2022, by the following vote:
RESULT: FIRST READING [UNANIMOUS] Next: 3/8/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk