San Clemente Municipal Code Ch. 8.66 Litter Receptacles

A. .....It is the purpose and intent of this chapter to establish regulations for the disposal of tobacco litter outside of bar establishments in the City's T-Zone.

B. .....The City Council, in enacting the ordinance codified in this chapter, recognizes that significant tobacco litter is collected from areas surrounding bars located in the T-Zone and channeled through the storm drain system to the City's beach areas. By adopting this ordinance, the City Council intends to provide additional protection to the City's beach areas and to protect and promote the health, safety and welfare of San Clemente residents and visitors.

(Ord. 1298 § 1 (part), 2005)

The words and phrases used in this chapter shall have the following meanings unless from the context a different meaning is apparent:

"Bar" means an establishment located within the City's T-Zone which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises, deriving at least a portion of its gross revenue from the sale of alcohol and in which the serving of food is only incidental to the consumption of such beverages. For the purpose of this chapter, a "bar" includes those facilities located within hotels, motels or other similar transient occupancy establishments.

"Litter receptacle" means a City approved container, can, compartment or bin constructed of metal, plastic or other durable material usable to keep, collect or store tobacco litter or other trash pending its removal for disposal.

"Person" means any individual, firm, partnership, joint venture, corporation, estate, trust, business trust or any other group or combination acting as a unit.

"Smoke" or "smoking" means and includes the carrying or holding of a lighted pipe or a lighted cigar or a lighted cigarette of any kind or any other lighted smoking equipment, and the lighting of a pipe, cigar or cigarette of any kind, and inhaling, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

"Tobacco litter" means cigarettes or cigarette butts, cigarette paper or product packaging, tobacco, ash or any other residue resulting from smoking.

"T-Zone" means the area in the City depicted as the "Pedestrian Architectural Overlay" on Sheet 8 of the City of San Clemente Precise Zoning Plan (Zones: MU3-A, MU3-CB-A, MU3-A (CZ), RM-A (CZ)).

(Ord. 1298 § 1 (part), 2005)

A. .....The City shall obtain and install litter receptacles on public property outside of each bar located in the T-Zone for use of the patrons thereof.

B. .....Notwithstanding the foregoing, for any bar operating under a Conditional Use Permit or similar City approval or restriction prescribing that smoking in connection with operation of the establishment may or shall be conducted in designated areas on private property, the operator or owner of the bar shall work with the Director of Community Development or his or her designee to identify location(s) in such designated smoking areas whereby the City shall install the appropriate number of litter receptacles pursuant to subsection C of this section.

C. .....The City shall determine the appropriate number of litter receptacles and, in making such determination, shall consider the volume of patrons in the establishment, the configuration of the designated smoking area where the litter receptacles will be installed and any other factor deemed appropriate.

(Ord. 1298 § 1 (part), 2005)

Subsequent to the City installing the litter receptacles required under this chapter, the owner and operator of the bar located in the T-Zone shall be obligated to maintain the litter receptacle at his or her sole expense.

(Ord. 1298 § 1 (part), 2005)

The litter receptacles shall be emptied by the owner or operator of the bars when full and at the close of business each day, and the contents thereof shall be stored or set out for collection in the same manner as other refuse generated in the operation of the business. Each receptacle shall be maintained in a clean and sanitary condition and in a state of good repair.

(Ord. 1298 § 1, 2005)

A. .....The City shall be responsible for repairing or replacing any litter receptacle which the City determines requires such repair or replacement as a result of a defect in the litter receptacle or any part thereof.

B. .....All bar owners and operators located in the T-Zone shall be responsible for repairing and replacing litter receptacles installed by the City which require repair or replacement due to damage, destruction, loss or lack of proper maintenance under Section 6.66.050. If replacement is required, the owner or operator shall submit an application with a depiction of the proposed design of the litter receptacle for approval by the Director of Community Development. Unless otherwise approved by the Director of Community Development, all replacement litter receptacles shall be installed in the same location as first installed by the City.

(Ord. 1298 § 1 (part), 2005)

All owners and operators of bars in the T-Zone shall be responsible for the removal on a daily basis of litter from the premises of their establishment and parking lots and adjacent public sidewalks. In addition, all owners and operators of such establishments shall sweep and/or clean, either mechanically or manually, such areas on a weekly basis to control debris.

Editor's note— Ord. No. 1664, § 22, adopted Sept. 18, 2018, repealed § 8.66.080, which pertained to Penalties for Violation—Enforcement and derived from Ord. 1298 § 1 (part), adopted in 2005.