Hayward Municipal Code Art. 1 Solid Waste, Recyclable Materials and Organic Materials Management

It is hereby declared to be in the interest of the public health, sanitation, safety and welfare of all the residents of the City of Hayward that the accumulation, preparation, storage, collection, transportation and disposal of Solid Waste, Yard Trimmings and Recyclable Materials in the City of Hayward be handled in such a safe, sanitary, routine and efficient manner so as to maximize the reduction, reuse, Recycling and Composting of materials that otherwise would become municipal Solid Waste; to preserve and maximize landfill disposal capacity; to maintain the good condition, cleanliness and safety of City rights-of-way; to comply with state law; to prohibit the harboring and breeding of rodents, insects and other pests; to reduce contamination of the environment by the unauthorized burying, burning, pollution of the air caused by burning, fermentation, or putrefaction of such materials, to prevent the spread of diseases associated with unsanitary conditions; to reduce the hazards of fire, and to prevent unsightliness and other public nuisance which may result in the depreciation of property values and otherwise interfere with the comfortable enjoyment of life within the City.

For the purposes of this Article, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended.

a. Alternative Daily Cover. Alternative Daily Cover (ADC) means cover material, other than earthen material, used to cover compacted solid wastes in a disposal site with at least six (6) inches of material, placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations, as may be amended from time to time.

b. Applicable Law. Applicable Law means all federal, state, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transfer, Transportation, Processing, and Disposal of Solid Waste, Recyclable Materials and Organic Materials that are in force, and as they may be enacted, issued or amended.

c. Bulky Items. Bulky Items means large discarded items including, but not limited to, Major Appliances, furniture, tires, carpets, mattresses, E-Scrap Items, clothing, Yard Trimmings, and other oversize materials whose large size precludes or complicates their handling by normal Collection, Processing, or Disposal methods, but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating Collection vehicle legal load limits. Bulky Items do not include abandoned automobiles, large auto parts, or construction or demolition debris.

d. Collection (or Variation Thereof). Collection means the act of collecting Solid Waste, Recyclable Materials, Organic Materials, and other material at the place of generation in the City.

e. Commercial. Commercial means of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, institutions, manufacturing and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property and which generate no more waste materials than will fit in the Containers provided for Residential service.

f. Composting (or Compost). Composting or compost includes a controlled biological decomposition of organic materials yielding a safe and nuisance-free Compost Product.

g. Construction and Demolition Debris. Construction and demolition debris means used or discarded materials removed from the premises during demolition, excavation, construction or renovation of a structure resulting from construction, remodeling, repair, improvement or demolition operations on any pavement, street, driveway, house, building or other structure or improvement regardless of the nature of each structure or improvement.

h. Containers. Containers mean watertight storage receptacles with tight fitting covers to contain odors, whether they are Bins, Carts, Compactors, and Roll-off Boxes.

i. Designated Waste. Designated Waste means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment and which may be Disposed of only in Class II Disposal Sites or Class III Disposal Sites pursuant to a variance issued by the California Department of Health Services. Designated Waste consists of those substances classified as Designated Waste by the State of California, in California Code of Regulations Title 23, Section 2522, as may be amended from time to time.

j. Discarded Materials. Discarded Materials means Solid Waste, Recyclable Materials, Yard Trimmings, or Construction and Demolition Debris placed by a Generator in a receptacle and/or at a location that is designated for Collection pursuant to this Article.

k. Disposal or Dispose (or Variation Thereof). Disposal means the final disposition of Solid Waste at a Disposal Site. Disposal does not include the use of Yard Trimmings or other materials as Alternative Daily Cover so long as City and State regulations consider Alternative Daily Cover (ADC) use of Yard Trimmings or other specific materials as Diversion under the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time.

l. Diversion. Diversion means activities which reduce or eliminate the amount of Solid Waste from Solid Waste Disposal including, but not limited to Recycling and Composting.

m. Dwelling Unit. Dwelling unit means any type of structure or building unit, designed or used for occupancy by one (1) family, which meets the applicable City codes for residential living. Dwelling Unit does not include a hotel or motel unit.

n. E-Scrap Items. E-Scrap Items means discarded electronic equipment such as, but not limited to, television sets, computer monitors, central processing units (CPUs), laptop computers, external computer hard drives, computer keyboards, computer mice, computer printers, DVDs, and VCRs.

o. Food Scraps. Food Scraps means Discarded Organic Materials that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with Food Scraps. Food scraps is a subset of Organic Materials.

p. Franchisee. Franchisee means the Person franchised by the City to: (1) Collect, Transport, Process, and effect the ultimate Disposal of Solid Waste; and (2) Collect, Transport and Process Construction and Demolition Debris, Recyclable Materials, Organic Materials, and Yard Trimmings; and to use City streets for these purposes.

q. Generator. Generator means any Person as defined by the Public Resources Code, whose act or process produces Solid Waste, Recyclable Materials or Yard Trimmings as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

r. Hazardous Substance. Hazardous Substance means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC Section 9601 et seq.; (ii) the Hazardous Materials Transportation Act, 49 USC Section 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.; and (iv) the Clean Water Act, 33 USC Section 1251 et seq.; (v) California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7901 et seq.; and (vii) California Water Code Section 13050; (b) any amendments, rules or regulations promulgated there under to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (PCFs"), petroleum, natural gas and synthetic fuel products, and by-products.

s. Hazardous Waste. Hazardous Waste means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

t. Household Hazardous Waste. Household Hazardous Waste means Hazardous Waste generated at Residential Premises within the City.

u. Infectious Waste. Infectious Waste means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

v. Multi-Family Dwelling. Multi-Family Dwelling means any residential premises with more than four (4) permanent Dwelling Units. Multi-Family Dwelling may also include such Premises when combined in the same building with Commercial Premises, regardless of the number of Multi-Family Dwelling Units, and subject to approval by the City Manager or his designee.

w. Organic Materials. Organic Materials means those Discarded Materials that will decompose and/or putrefy and that Generators separate from Solid Waste and Recyclable Materials for Collection in specially designated Containers for Organic materials Collection. Organic materials include Yard Trimmings and Food Scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with Food Scraps or otherwise not accepted in the Recyclable Materials Collection program, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No Discarded Material shall be considered to be Organic materials, however, unless such material is Source Separated from Solid Waste and Recyclable Material.

x. Person(s). Persons means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Alameda, and special purpose districts.

y. Premises. Premises means any land or building in the City where Solid Waste, Recyclable Materials, or Organic Materials are generated or accumulated.

z. Process (or Variation Thereof). Process means to prepare, treat, or convert through some special method.

aa. Rate. Rate means the dollar unit the Franchisee bills a Person for providing Solid Waste Collection and Disposal, Recyclable Materials Collection and Processing services, and Organic Materials Collection and Processing services, where such dollar unit has been approved by the City of Hayward and adjusted from time to time.

bb. Recyclable Materials. Recyclable Materials means Residential or Commercial Source Separated by-products of some potential economic value, set aside, handled, packaged, or offered for Collection in a manner different from regular Solid Waste. Recyclable Materials shall include, but not be limited to: cardboard, paper, plastic, scrap metal; beverage containers; clean (untreated and unpainted) wood; unpainted drywall; carpet and carpet padding; soil; and inerts (concrete, asphalt, brick, rock, gravel, tiles). No Discarded Material shall be considered to be Recyclable Materials, however, unless such material is Source Separated from Solid Waste and Organic Materials.

cc. Residential. Residential shall mean of, from, or pertaining to a Single-Family Premises, Multi-Family Premises, or other Dwelling Unit, including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments, excluding hotels and motels.

dd. Salvageable Material. Salvageable Material means those Discarded Materials that may be reused in their existing form or may be reused after some form of Processing, including, but not limited to, Yard Trimmings and Recyclable Materials.

ee. Single-Family Dwelling. Each single-family dwelling as used in this Article, means premises used for or designated as a single-family residential dwelling in which there is separate or individual garbage service. Single-family dwellings include each part of a: (a) condominium; (b) duplex; (c) triplex; (d) fourplex; (e) townhouse; or (d) mobile home park.

ff. Solid Waste. Solid Waste means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated thereunder that requires Generators within the City to set out for Collection. Excluded from the definition of Solid Waste are Hazardous Waste, Infectious Waste, Designated Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, "Solid Waste" may include de minimus volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling, treatment and disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes Salvageable Materials only when such materials are included for Collection in a Solid Waste Container.

gg. Source Separated. Source Separated means the segregation of materials, by the Generator, at the site of generation and designated for separate Collection for some form of Recycling, Composting, recovery, or reuse.

hh. Source Separated Recyclable Materials. Source Separated Recyclable Materials means Recyclable Materials, segregated by the Generator, at the site of generation, and which are Recycled at a recycling facility that holds all applicable permits, provided, however, that (1) loads which consist of mixed paper and which contain more than ten percent (10%) by weight of non-recyclables shall not be considered Source Separated Recyclable Materials; and (2) loads which consist of commingled Source Separated Recyclable Materials, other than mixed paper and which contain more than five percent (5%) by weight of non-recyclable materials shall not be considered Source Separated Recyclables.

ii. Source Separated Organic Materials. Source Separated Organic Materials means Organic Materials, segregated by the Generator, at the site of generation, and which are composted at a facility that holds all applicable permits, provided, however, that loads which contain more than five percent (5%) by weight of non-compostable materials shall not be considered Source Separated Organic Materials.

jj. Transfer. Transfer means the act of unloading Solid Waste, Organic Materials, or Recyclable Materials from Collection vehicles, loading such materials into Transfer vehicles, and transporting them to approved facilities.

kk. Yard Trimmings. Yard Trimmings means those Discarded Materials that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, small tree branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Yard Trimmings are a subset of Organic Materials.

All Persons residing, domiciled, or maintaining business or other Premises in the City of Hayward shall subscribe to Collection service on at least a weekly basis for Single-Family Dwelling Units, or more often as may be required to adequately serve Multi-Family Dwelling Units or Commercial Premises.

The City of Hayward shall be responsible for establishing Rates for all services provided by the Franchisee, and Rates may be adjusted from time to time. The Franchisee shall charge only those Rates approved by the City of Hayward.

The City has established eligibility criteria and a subsidy level for subscribers to Solid Waste Collection. The City shall receive, review and approve or deny all applications for this subsidy and will periodically advise the Franchisee in writing of additional residents the City has determined are eligible to receive the subsidy.

All Persons shall Dispose of Solid Waste using the services offered by the Franchisee and shall pay the Rates set by the City. Such Persons shall arrange with the Franchisee to specify the location of the Premises, Solid Waste Container types and sizes required, and the Collection frequency for Multi-Family and Commercial Premises.

Every Person in possession, charge or control of any Premises occupied for Residential or Commercial uses shall provide or cause to be provided and at all times keep or cause to be kept, suitable and sufficient Containers. Such Containers shall be kept in a sanitary condition by the owners or tenants thereof. In all events, such materials stored prior to Collection shall be contained in a manner that discourages disturbance by, or harboring of, animals or pests, and to prevent fire or other safety hazard.

Collection shall be at curbside or streetside on a weekly basis, in accordance with a schedule prepared by the Franchisee. Every Single-Family occupant subscribing to Collection shall place Container(s) at curbside or streetside in a manner that, to the extent feasible, does not block any driveway, sidewalk or street. Such Containers shall not be placed curbside or streetside earlier than 6:00 a.m. the day before scheduled Collection, and shall be retrieved and placed on the Premises and out of view from the street no later than midnight on the day the Franchisee has emptied the Container(s). An exception to the required retrieval time would be if the Franchisee does not empty the Carts for Solid Waste, Recyclable Materials, or Organic Materials as scheduled and alternative Collection arrangements are made. The placement and retrieval described above does not apply to Roll-off Boxes requested for temporary use.

Provisions for placement of Carts or Bins at locations other than on the curb or in the street shall be at the discretion of the City Manager or his designee pursuant to the policies and procedures established by the Public Works Department.

Items scheduled for removal by the Franchisee as Bulky Items shall not be placed curbside or streetside earlier than the day before said Collection. Items not removed by the Franchisee on the scheduled date shall be retrieved no later than the day after the scheduled removal date, placed on the Premises and stored out of view from the street until alternate Collection or Disposal arrangements are made.

Sideyard Service for Carts is available on request at no additional cost to eligible occupant(s). A completed application form is required and may be obtained from the Franchisee. Sideyard Service is also available on request for an additional fee.

Collection shall be at least weekly or more frequently as described in this Article. If the Collection location requires placement of Cart(s) or Bin(s) curbside or streetside, then such Containers shall not be so placed earlier than 6:00 a.m. the day before scheduled Collection, and shall be retrieved and placed on the Premises by owner or his designee and out of view from the street after the Franchisee has emptied the Container(s) and no later than midnight of the scheduled Collection Day. An exception to the required retrieval time would be if the Franchisee does not service the Containers for Solid Waste, Recyclable Materials, or Organic Materials as scheduled and alternative Collection arrangements are made.

Provisions for placement of Carts or Bins at locations other than on the curb or in the street shall be at the discretion of the City Manager or his designee pursuant to the policies and procedures established by the Public Works Department.

The placement and retrieval described above does not apply to Roll-off Boxes requested for temporary use.

The owner of any occupied Dwelling Unit shall subscribe to and pay the Franchisee for service. Such Person holding legal title to land or a building(s) shall be responsible for all provisions of this Article, including and not limited to provisions regarding placement and retrieval of Containers and Bulky Items from curbside or streetside. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which subscription, or payments for Collection service, or both subscription and payment for such service is made by a tenant, tenants, or any agent on behalf of the owner. However, any such arrangement will not effect the owner's obligation should such subscription or payments not be made.

The owner or tenant shall start Collection service within fifteen (15) days of occupancy for all Premises.

If the City is advised that service has not been initiated as provided for herein, or in its judgment determines that additional service is necessary, it may give the owner written notification that such service is required. If the required service is not initiated within fifteen (15) days from the date of mailing of the City's notice, the City may require the Franchisee to initiate and continue that Collection service for said Dwelling Unit.

Provisions for exceptions to mandatory subscription may be permitted at the discretion of the City Manager or his designee pursuant to the policies and procedures established by the Public Works Department.

Except as otherwise provided herein, no Solid Waste shall be placed or kept on or in any public street, sidewalk, footpath, or any public place whatsoever. Only Solid Waste receptacles owned by the City of Hayward shall be placed or kept on or in any public street, sidewalk, footpath, or any public place for use by pedestrians or other Persons using said street or public place to deposit small articles of waste carried by them. It shall be unlawful to place or cause to be placed any Solid Waste originating within or upon any private property into said receptacles.

No Person shall dump, deposit, or Dispose of, or cause or permit the dumping, depositing or Disposal of Solid Waste on Premises in the City other than where produced. However, discarding earth, rock, concrete, cement, gravel, sand, clay, loam, and other non-combustible inorganic materials may be permitted under the following conditions: (1) when used for purposes of fill for a demolition or construction project that has been issued all permits by the City of Hayward; (2) if such material is not otherwise dangerous to health and safety; and (3) such operations do not block or impede natural drainage channels, drain ditches, canals, or drainage outlets, or result in pollution or contamination of waters.

No Person shall bury in any public land, street, alley, or place, or in any waterway within the City of Hayward any Solid Waste, Hazardous Waste, Infectious Waste, or Designated Waste.

No Solid Waste shall be burned within the City of Hayward.

Once Solid Waste, Construction and Demolition Debris, Recyclable Materials, Organic Materials and Yard Trimmings are placed in Containers and at the Collection location, ownership and the right to possession of such materials shall transfer directly from the Generator to the Franchisee.

The City shall authorize and regulate the Collection, Transfer and Disposal of all Solid Waste, Construction and Demolition Debris, Recyclable Materials, and Organic Materials generated at all Premises. Notwithstanding any permit issued by any other governmental agency authorizing Collection, no Person other than a Person authorized by the City shall Collect, Transfer, Process, or Dispose of any Solid Waste, Construction and Demolition Debris, Recyclable Materials, or Organic Materials, except as described elsewhere in this Article. No person shall interfere in any manner with the lawful operations of the Franchisee or his authorized agents or subcontractors.

It is unlawful for any Person other than the Franchisee or those persons employed by the Franchisee to haul any Solid Waste within the City except:

a. Construction and Demolition Debris which is: (1) removed from a Premise by a licensed contractor as an incidental part of a total construction, remodeling, or demolition service offered by that contractor rather than as a separately contracted or subcontracted hauling service using debris boxes or similar apparatus; or (2) directly loaded onto a fixed body vehicle and hauled directly to a facility that holds all applicable permits for Recycling, Composting or Disposal.

b. Yard Trimmings which are: (1) removed from Residential Premises by a contractor as an incidental part of a total gardening or landscaping service offered by that contractor, rather than separately contracted or subcontracted hauling service using debris boxes or similar apparatus, or (2) directly loaded onto a fixed body vehicle and hauled directly to a facility for Composting or Disposal that holds all applicable permits.

c. Source Separated Recyclable Materials or Source Separated Organic Materials, as defined in this Article, generated by Commercial businesses, including City facilities, which are Collected by a Person through a private arrangement between the Generator and such Person to whom Generator either pays a fee for the Collection service or donates Source Separated Recyclable Materials or Source Separated Organic Materials; provided, however, the owner or occupant of such Commercial business shall be required to pay the Rates approved by the City even if owner or occupant does not participate in any of the services approved by City and offered by the Franchisee.

d. Solid Waste which is hauled directly to a facility for Composting, Recycling, Disposal or to a re-use vendor by the Generator of the Solid Waste.

e. Solid Waste, Yard Trimmings, or Recyclable Materials Collected and transported by City crews to facilities for Composting, Recycling, or Disposal.

f. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code, as may be amended from time to time.

g. Source Separated Recyclable Materials and Yard Trimmings Generated in the City that are donated by the Generator to youth, civic, charitable, or other nonprofit organizations.

h. On-Site Composting of Yard Trimmings Composted on a Residential Premises.

i. Animal Waste and remains from slaughterhouse and butcher shops, grease waste for use as tallow or used cooking oil from food manufacturing processes.

j. By-products of wastewater treatment including sludge, sludge ash, grit, and screenings.

k. Household Hazardous Waste, Hazardous Waste, Infectious Waste, and Designated Waste regardless of its source with the exception of materials that the Franchisee is required to Collect.

Projects for which a building permit is required for Residential or Commercial Premises shall include in its site plans storage space for Recyclable Materials and Organic Materials that is at least equivalent to the space required for Solid Waste intended for Disposal. Provisions for such storage may be in outdoor enclosures or other spaces. (Public Resources Code Section 42910-42912).

The City may elect to have any delinquent charges for unpaid rates collected on the property tax roll in the same manner as, by the same person, and at the same time as, and together with and not separately from, general taxes.

If a determination is made to enforce collection of delinquent charges by assessment on the Alameda County property tax roll, an administrative hearing shall be conducted in accordance with the provisions of Section 5-1.29 below. The amount to be assessed upon the property tax roll shall include all delinquent amounts as of June 1 of each year, the actual costs of assessment and the collection of the delinquent charges on the property tax roll and an administrative fee in the amount of fifty dollars ($50.00) per assessor's parcel to cover the costs of processing the assessment.

Prior to placing delinquent charges on the Alameda County property tax roll for collection, written notice shall be given to the owner of the property serviced by the franchisee of the past due charges and the right to an administrative hearing. The purpose of the administrative hearing is to provide an opportunity for the property owner to raise any objections to the imposition of the charges on the property tax roll. The City Manager, or his or her designee, shall act as the hearing officer. The hearing officer may modify or confirm the proposed charges, as deemed equitable, in his or her sole discretion.

The Public Works Director shall keep an account of the delinquent charges and shall render an annual itemized report in writing to the City Council. The City Council shall review and confirm the annual report of delinquent charges by way of resolution.

The City Clerk shall post a copy of the report and list of delinquent charges on the bulletin board designated for the posting of agendas for City Council meetings, together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council for confirmation by way of resolution. Notice shall also be published once in a newspaper of general circulation that is published and circulated within the City. The posting and the first publication of the notice shall be made and completed at least ten (10) days before the time the report is considered by the City Council.

After City Council confirmation of the annual report, a copy shall be given to the City Director of Finance, who may receive the list of delinquent charges at any time after confirmation and until a list of unpaid liens/assessments is sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such liens or assessments and the lien or assessment shall have the priority of the taxes with which it is collected.

Amended by Ordinance 08-01, adopted January 22, 2008; Amended by Ordinance 10-09, adopted April 6, 2010