HomeMy WebLinkAbout539ORDINANCE NO. 539
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
IRWINDALE, CALIFORNIA, ADOPTING A GENERAL TAX
ON PROCESSING MATERIAL FOR RECYCLING OF $0.08
PER TON OF MATERIAL PROCESSED
WHEREAS, Section 5.08.430 of the Irwindale Municipal Code establishes a mining tax
and includes a tax on "rock crushing" and the "production of any rock product", as well as rock
excavation; and
WHEREAS, the City has sought to apply this tax to operations which take concrete,
asphalt, and road materials to crush and recycle them, and has been involved with disputes with
the operators of such businesses over the application of such tax; and
WHEREAS, the City has a number of industrial operations involved in materials
recycling where plastic, wood, metal, rock, glass, rubber, green waste, or other materials are
reconstituted by cleaning, crushing, grinding, shredding, sorting, compacting, repackaging, or
otherwise altered; and
WHEREAS, such uses are often conducted outside of structures; are unsightly, and
produce noise, dust, odor, and other impacts which are a nuisance to surrounding properties;
including uses such as: processing of soils contaminated by fuel products, reprocessing of asphalt
for road base, and reprocessing of metals from used automobiles; and otherwise produce impacts
similar to mining and should be treated in the same manner; and
WHEREAS, the City is separating the mining tax into two components and finds that the
recycling tax should be similar in rate to the mining processing tax, which would be
approximately one-half (1/2) the amount the City has been imposing under prior Section
5.08.430. '
NOW, THEREFORE, THE PEOPLE OF THE CITY OF IRWINDALE,
CALIFORNIA, HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Irwindale Municipal Code is amended by adding
Subsection D to Section 3.18.020 (Definitions) to read as follows:
"D. The term 'materials reprocessing' or 'recycling' means the processing of
(1) reusable domestic containers and materials including bottles, jars, cans, boxes, and
other containers; (2) industrial products such as refrigerants, tires, automobiles, industrial
scrap, and similar objects; (3) other materials of metal, glass, paper, cardboard, plastic,
rubber, wood, concrete, asphalt; and (4) the composting or other treatment of green waste
and vegetative materials. Recycling includes reprocessing by collecting, gathering,
cleaning, crushing, flattening, grinding, shredding, separating, filtering, sorting,
compacting, baling, briquetting, packaging, remanufacturing, or otherwise reconstituting
the material to be recycled."
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SECTION 2. That the Irwindale Municipal Code is hereby amended by adding
Section 3.18.070, said Section to read as follows:
"Section 3.18.070 Recycling Tax.
A. There is imposed on every person or entity engaged in the business of
recycling within the City a tax of eight cents ($0.08) per ton of material reprocessed.
B. No person or entity may engage in the business of recycling within the
City unless the person has entered into a franchise agreement with the City; has been
issued a recycling permit pursuant to the zoning ordinance if required; or is exempt from
this Section pursuant to Subsection E.
C. The recycling tax shall be paid quarterly and in advance. Payment shall be
made as provided in Chapter 5.08 for business license taxes.
D. The tax imposed in Subsection A above shall be annually adjusted based
upon the timing and criteria specified for business license taxes in Section 5.08.490.
E. The following persons and entities are exempted from the provision of this
Section:
1. The City.
2. A non-profit organization, if it collects recyclable materials such
as, but not limited to, aluminum, newspaper, glass, plastic, metal cans, or other paper
and cardboard.
3. Commercial business owners, if they deliver for recycling source
separated recyclable materials.
4. Any person or entity engaged in the production of any industrial
product where, as a part of the process of industrial production, they are recovering,
recapturing, or recycling any materials as a part of the production process.
5. A person who is delivering recyclable materials for recycling under
the California Container Recycling Litter Reduction Act (Public Resources Code ❑
14500, et seg.) or under any State or Federal statute where they would be exempt
herefrom. "
SECTION 3. Effect of Other Measures. Section 5.08.430 is repealed. The
current mining tax measure is found in Title 5 dealing with Business Taxes, Licenses, and
Regulations. The intent is to consolidate the Mining Tax Measures in Chapter 3.18 under Title 3
dealing with Revenue and Finance. If this Measure passes, and the special tax measure fails,
then the City Council may renumber the provisions hereof as the Council deems appropriate.
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SECTION 4. Modification by Council. It is expressly understood that, as the
City proceeds to implement the program for mitigation of mining environmental impacts through
the special tax, that changes may be necessitated by changing environmental, regulatory, and
economic factors. Therefore, notwithstanding this Ordinance's adoption by the People, the City
Council shall be free to amend any provision hereof through the regular process of adoption of
ordinances under State law, provided that the amendment is consistent with the intent hereof,
furthers the purposes of this Chapter, and except that the tax rate may only be increased by the
People.
SECTION 5. Severability. If any phrase, clause, sentence, subsection, or section
of this Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity
of any other part of this Ordinance. The People hereby declare that they would have passed this
Ordinance and each phrase, clause, sentence, subsection, or section hereof irrespective of the fact
that any one or more of such phrases, clauses, sentences, subsections, or sections had been
declared invalid. Any court reviewing the validity of this Ordinance shall interpret it insofar as
possible as to make it valid and binding, and to carry out the intent of the voters to create a fund
to pay for the foregoing measures to the full extent permitted by law.
PASSED, APPROVED AND ADOPTED by the People on the 2nd day of March, 1999.
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