MUNICIPAL ORDINANCE REGULATING THE URBAN CLEANING, THE TOILET, THE SANITATION AND WASTE MANAGEMENT URBAN DEN TM ORIHUELA. PART I: INTRODUCTION. GENERAL PROVISIONS TITLE II: CLEANING OF PUBLIC ROADS Chapter One. Cleaning of public roads and private. Section 1. Common usage of the citizens. Section 2. Specific uses of public spaces. Section 3. Activities in public. Section 4. Works in public. Chapter Two. Cleaning and fencing of lots and housing developments, public and private. Chapter Three. Cleaning of buildings. Chapter Four. Placing posters and graffiti, graffiti, etc ... on the road public. TITLE III: URBAN WASTE MANAGEMENT Chapter One. General rules. Chapter Two. Household waste. Chapter Three. Industrial waste. Chapter Four. Sanitary waste. Chapter Five. Hazardous waste. Chapter Six. Abandoned vehicles. Chapter Seven. Furniture and fixtures. Chapter Eight. Animal carcasses. Chapter Nine. Collection. TITLE IV: WORKS, BUILDINGS AND DEBRIS Chapter One. General rules. TITLE V: CLEAN BEACHES AND COASTAL TITLE VI: LEGAL AND PENALTY Section 1. Procedure. Section 2. Violations and Penalties. Section 3. Resources. TITLE I INTRODUCTION According to that contained in Art. 25 of the Act Regulating the Local System 7/1985 of 2 April, municipal jurisdiction is the protection of the environment and the protection of public health, street cleaning and waste collection and treatment. This Ordinance, relating to matters coming health, safety and beautification, has nature of urban police ordinance, not tied to specific planning guidelines. GENERAL PROVISIONS ARTICLE 1. - This Ordinance is enacted under the powers conferred by Articles 49 and 84 of the Act Regulating the Local System 7/1985 of 2 April in relation to the body 26 of the law, and according to the provisions of Article 8 of Law 10/2004 Land of Valencia. ARTICLE 2. - For coming issues relating to health, safety, sanitation and beautification, it Ordinance has the nature of urban police, not tied to some guidelines specific planning and can survive on its own life outside of the plans. ARTICLE 3. - This Ordinance is intended to regulate in the field of competition bulletin, the following activities: • Cleaning of public roads and private. • Cleaning and fencing of lots and housing developments. • Cleaning of buildings. • Put up posters and banners, carrying graffiti etc ... in public. • Urban Waste (household, furniture and fixtures, etc..). • Works and debris. ARTICLE 4. - In cases not covered by this Ordinance, but which by their characteristics or circumstances may fall within the scope, you will be applied, by analogy, the same rules to observe similarity with the case provided, except as provided in respect to the penalties. ARTICLE 5. - All citizens must comply with the requirements contained in the this Ordinance and additional rules on the same to be issued by the governing bodies. ARTICLE 6. - The City of Orihuela, you can perform alternative work cleaning, according to the Ordinance, be made by the citizens, imputing, after the mandatory hearing, the cost of services provided, and subject to the penalties apply. ARTICLE 7. - City Council's authority and conduct inspection of subsidiary cleaning work to the articles referred to above, whether the solar public or private property. TITLE II CLEANING THE ROADS CHAPTER I CLEANING OF PUBLIC AND PRIVATE STREETS ARTICLE 8. The cleaning of public roads and collection of waste from the same will be made by the City of Orihuela, with the frequency appropriate for the adequate service and through the form of management to determine that. 1. For the purposes of this Ordinance, the term street walks, streets, avenues, squares, passages, sidewalks, gardens, beaches and parks and other property of municipal property used directly for the common use of the citizens, being, therefore, excluded the private housing, private gardens, passages closed courtyards, private lots, access to garages, shopping malls and like, which cleaning is the responsibility of individuals, whether sole proprietorship, shared or horizontal property regime. The City Council shall exercise control cleaning of these elements and may require failing those responsible, regardless of the sanctions that would give rise. 2. Also, except for those lands or property which, although property municipal, are subject to a special or common use by individuals for private use, public or private entities or other public authorities, following appropriate licenses and leases, respectively. SECTION 1 GENERAL USAGE OF CITIZENS ARTICLE 9. 1. It is forbidden to throw road all types of waste such as cigarette butts, hulls, waste paper or any other similar, and any conduct that may detrimental to the cleanliness and hygiene in public spaces. If it does, the responsible for cleaning is required to immediately, without prejudice to penalties that may derived. 2. In particular and without limitation, the following are prohibited behaviors: a) Throwing the street any kind of waste from vehicles, whether stationary or underway. b) Throw out the solid waste bins small, such as paper, wrappers and the like. c) throw any lighted material in bins, containers or other types of furniture designed for the collection of waste, which in all cases must once deposited off. d) Spitting in the street and physiological needs are met in the streets or in any other than the space earmarked for this purpose. e) Throw from balconies and terraces all kinds of waste, scrap the arrangement of pots or bedding, and any other objects that could cause harm or discomfort to persons or things. f) Pour dirty water on the streets, lots and landscaped areas and the drainage refrigeration thereon. g) Leave in the street sweeping and cleaning products thereof, produced by individuals. h) Handling or select waste or municipal waste, resulting in their dispersion, hindering their collection or altering the packaging. i) Shake garments or carpets in the streets or on the same from windows, balconies or terraces. j) Littering the streets as a result of the keeping of animals as well as beaches and gardens. Any other acts and behaviors similar to those above that can cause inconvenience to road users and public spaces, or prejudice the the Public Health. k) Following the keeping of animals is strictly prohibited access these to the beach areas and public gardens where not otherwise noted and is duly noted. l) To deposit, throw, discharge or leave traces of inert waste at home in nature from small works. ll) pour, throw or deposit any waste liquid, solid or gas in the channel and banks of the River Segura, and in any hole, ditch or generally driving discovered water or groundwater, both public or private. ARTICLE 10. - The cleaning of the elements intended to serve the public located in public, non-municipal responsibility will be for holders the respective administrative services. Like the city's public spaces whose ownership is under other government bodies. ARTICLE 11. 1. Users shall refrain from any manipulation of the paper or other furniture intended for that purpose, move, overturn them or tear them, and any other act that impairs your presentation or use for any use to which they are intended. 2. Of all the damage that occurs in the elements used for cleaning (Paper or other furniture designed for this purpose) shall be responsible for their authors, requiring them the costs of repair or replacement, regardless of the sanctions that apply. ARTICLE 12. 1. It is prohibited to holders of establishments such as hotels, picnic areas, restaurants and the like use the receptacles listed in the previous section. 2. The snack bars, bars, kiosks, restaurants and the like, having attention direct to the public on public roads must have as many bins as necessary and be required to clean them during the course of the day and Completion of this. SECTION 2 SPECIFIC USES PUBLIC SPACES ARTICLE 13. - The cleaning of windows, doors, awnings or shades of commercial establishments, be carried out so that no fouling the public highway. Where these transactions dirty road, the applicant shall cleaning charge, subject to the penalties incurred. ARTICLE 14. Are required to clean the spaces usually occupied by vehicles mechanical drive, the heads of establishments and industries which use them for service, especially as it relates to discharges of oil, grease or products like. 1. Holders of workshops, garages and fords shall be obliged to maintain clean accesses to the same, especially as regards fats detached from the vehicle. ARTICLE 15. 1. Public transport companies take care to keep completely clean fats and oils that have stops in its tracks, and especially at the beginning and end of way, carrying on their own concerts or companies specializing the flush fit, even with appropriate detergents for removal. 2. After the loading and unloading of any vehicle shall be clean sidewalks and roads that have been soiled during the operation, removing the road waste discharges. 3. They are obliged to comply with this obligation the owners of the vehicles and alternatively, the owners of the establishments or farms that have been effected loading or unloading, or for whom it was made. ARTICLE 16. 1. Owners and drivers of vehicles carrying earth, debris, dusty materials, aggregates, concrete, cardboard, paper or other similar material, shall take all measures necessary to cover such materials during the and preventing transportation because of their nature or effect of vehicle speed or wind, falling on the streets of the materials transported. If this happens to Despite the measures taken, shall immediately proceed to collect them. 2. Also, in all kinds of work that is performed in the city must daily areas to be cleaned in and out of trucks and machinery tract soiling public. 3. In case of breach of the preceding paragraphs, and not carried out the cleaning thereof, it shall be conducted by the City from the responsible regardless of the sanctions that would place. ARTICLE 17. - It is forbidden to wash vehicles and machinery on public roads, and change and other liquid oils thereof. ARTICLE 18. - Will power to municipal services withdrawal without notice of any object or material left when the passage obstruct the free movement and can cause expense for cleaning or decorum of the street. ARTICLE 19. 1. The owners and managers of landscaped areas are required to collect and eliminate their own landscaping runoff, always exceeding the equivalent to 1000 liters. Where not to overdo the volume indicated, services collecting municipal shall, after notifying the person concerned. 2. The wastes may not be deposited on public roads and, if so must be suitably placed in containers, bags or similar approved, of so as to prevent its spread on the public roads, unable to remain in the same more than 24 hours without collected. SECTION 3 rd ACTIVITIES IN THE STREET ARTICLE 20. - The natural or legal persons who develop any type of activity, permanent or seasonal, in public spaces should keep in proper cleaning conditions, both during the course of the day and at the end thereof. The authorization holders for sale must meet the standards that are taught in Markets Ordinance in force in the municipality of Orihuela. The breach of such standards will result in the initiation of appropriate disciplinary proceedings initiated by Local Police report, ranking the faults as minor, serious and very serious. ARTICLE 21. - The heads of activities that occur on public roads, whether fixed or seasonal, shall be required to install as many bins are needed, which may not be attached to the pavement. Cleaning and disposal of same shall be borne by part of those. ARTICLE 22. - For public events that will be performed both in public and in facilities of the municipality, relevant departments should move back application to the Department with responsibility for cleaning, within not less than 10 days. ARTICLE 23. 1.1. The event organizers are responsible for the debris derived from themselves and are obliged to inform the Department with jurisdiction over cleaning the place, if he had traveled and time of event to celebrate. The Department will make response that will require the cooperation, where appropriate, provide the company cleaning service dealership, and the obligations of the organizers. Except in the case of non-profit entities, the City may require a bond for the predictable amount of cleaning operations arising from the act. 1.2. The non-profit entities that have failed to fulfill obligations cleaning may be required to furnish security in successive public events organized. 2. The event organizers must provide the information required and Cleaning the obligations established in the previous point. 3. The security deposited will be returned in full if the cleaning had been properly conducted and administrative responsibilities do not exist. In Otherwise, calculate the difference between the deposit and due for such concepts and if that is favorable to the party concerned will be returned. 4. In the instance or application submitted, shall clearly indicate the name complete identity number and address of the organizer. In any case, if nothing else is said, is considered the person organizing in whose name the instance for which informs the City Council act to perform. ARTICLE 24. - The owners of kiosks, roadside stands, tobacconists, administrations lottery and other locations characterized by the sale of items likely to produce disposable waste and packaging as well as bars, cafes and the like, are required to keep the area affected by such activity, both during this and the end thereof, being equally bound to the placement of the bins needed to ensure cleanliness. ARTICLE 25. 1. The circus activities, street theater, rides, booths and stalls fair, market stalls and other vendors, for their special characteristics, occupy the public highway are required to keep the area affected by the activity both in the course of this as the end of it. 2. To ensure such cleaning, the City shall require the operator of an activity bond for the forecast amount of cleaning operations, whose regime is the established in the previous articles of this Ordinance. 3. The City, through technical services will make cleaning recommendations so that by the large commercial proceed to clean the parking lots and surrounding areas once the schedule the public. SECTION 4 th WORKS IN THE STREET ARTICLE 26. 1. Persons or entities engaged in public works shall perform the same in the enclosed space that will be fixed in the relevant municipal permit, leaving the required materials within the space and depositing all materials not compact, such as debris, sand, gravel, etc. in the interior of containers allow emptying and loading in trucks, but these materials can be spread by public roads. 2. Notwithstanding the foregoing, are to remove excess material and debris within the twenty four hours following the completion of work, leaving between both properly deposited, so as not to hinder the flow of pedestrian or vehicles. 3. All surplus materials shall be removed from the streets within 24 hours. After this time without being removed, the City shall proceed to collection and transportation, passing the position corresponding to the person concerned, regardless of sanctions that might arise. 4. The use of containers shall be binding except that, given the circumstances special dimension of the work volume of debris, undeveloped areas, etc., is otherwise authorized to stack the material. 5. The containers shall not remain full for more than forty-eight hours without being removed. ARTICLE 27. 1. It is prohibited to deposit in standardized containers for waste home, the debris from any kind of work. 2. The charge or responsible for the work in public or private property will the obligation to leave every day, before nightfall, the fronts of the houses or lots free of debris, building materials and land. 3. Under no circumstances be tolerated in public deposit the rubble, having to do within the space delimited by fences, introducing the vehicle into the interior of the enclosure using the appropriate speed bump (on parking restriction), and practiced through the load baskets, bags or containers. 4. It allows the location of containers in the street, with the authorization of the Department jurisdiction and under the conditions outlined in this Ordinance. ARTICLE 28. - It is prohibited to deposit household waste in containers works. ARTICLE 29. - The Council may specify in advance the prohibition of parking in those streets to mark the execution of the work their cleanliness required to order to ensure a thorough cleaning of the same on certain days by signals regulations contained portable legend clearly marked "Public Cleaning" and the date and time of the operation. Same action to take when doing cleaning background for other reasons. Such signs shall be ordered by the local police. CHAPTER TWO CLEANING AND SOLAR FENCE AND ESTATES OF PUBLIC AND PRIVATE ARTICLE 30. 1. The owners of lots, parcels, farm or land, or owners of the effective use of thereof, and integrally with the former, should be able to keep safety, health and public ornamentation, being theirs forbidden to keep them rubbish, municipal waste, useless objects, debris, or any waste. Similarly it is prohibited in the weeds or vegetation plots emerged spontaneously. 2. The above requirement includes the requirement for pest control and disinfection of solar and eliminating all kinds of bushes, etc.. 3. Failure to comply with the provisions in this Article shall be subject to penalty as provided in the rules set, and without prejudice to the City perform the cleaning and fencing at the expense of the owners. ARTICLE 31. - The land under town planning compliance or voluntary transfers due to become the municipality, shall be Cleaning and maintenance by the city of Orihuela from the date of acceptance of the assignment. ARTICLE 32. 1. The owners of lots or owners of their effective use, and so solidarity with those, must keep fences while not engaged works New, for reasons of health and public ornamentation. The fencing shall be by metal fence or masonry at least two meters high, tucked into the private property without occupying the public domain and easily for inspection. 2. For the solar fencing work is to be understood outside of new plant, nature permanent, limited to simple physical enclosure of the site. 3. Corresponds to the owners of the estates and campuses domain; private, at his own expense clean sidewalks, passages, driveways, plazas, etc. .. 4. The Hall may permit the absence of fencing where authorizing competent by the Department on an interim basis, the uses of a public character determined by the regulations. 5. It will also be required of the owners or holders of genuine use, and in solidarity with those, the cleaning of the inner courtyards of apple, the solar private, commercial galleries and the like. ARTICLE 33. 1.The Mayor-President, ex officio or upon request the report of the services technical issue resolution noting the deficiencies in the sun, ordering necessary measures to address them and setting a deadline for implementation, including ordering the fencing. 2. After the time limit without having executed the necessary measures, the mayorPresident ordered the initiation of disciplinary proceedings, be processed according to the applicable procedural rules, with imposition of fine without prejudice of having the carrying out the work necessary to eliminate the deficiencies. The resolution also shall prepare the alleged infringer that, not to enforce the execution order issued, it is held by the City under the obligation, through the procedure subsidiary performance. CHAPTER THREE BUILDING CLEANING ARTICLE 34. - The owners of farms, homes and premises or owners of Use owner thereof, and in solidarity with those, are required to keep constant state of cleanliness different parts of buildings visible from the street, so that is more uniformity in its aesthetics, according to its urban environment. ARTICLE 35. 1. When performing cleaning windows, doors, canopies, awnings or curtains commercial establishments take precautions to avoid causing inconvenience to pedestrians or littering the streets, and if, however, it was soiled, property owners or owners if the business or operation in the it is developed, and in solidarity with those, they are required to clean, removing the resulting waste. 2. The same precautions be taken to the cleaning of balconies and terraces and as irrigation of the plants installed therein, provided that both among the 23 hours and 8 hours. 3. Are also required owners or communities who inhabit the building or adjacent properties, where appropriate, to maintain clean courtyards, patios apple or any other areas under its bylaws or resolutions adopted purpose by the governing bodies of those. ARTICLE 36. - In case of default, and when circumstances make it advisable, or required the public interest, the City may pay the alternative the maintenance and cleaning operations referred to in the preceding article, imputing the cost to the offender, subject to the penalties incurred. ARTICLE 37. - The air conditioners that give the public highway shall not discharge water to it. CHAPTER FOUR PLACEMENT OF POSTERS, BANNERS, FLAGS AND PAINTED GRAFFITI AND DISTRIBUTING LEAFLETS IN THE STREET. ARTICLE 38. 1. In order to maintain the conditions of cleanliness and neatness that require ornamental and aesthetics of the City of Orihuela, is prohibited: a) Put up posters and make inscriptions, graffiti, graffiti or any other similar act walls, fences, walls, kiosks, lampposts, fences, bins, etc.. and any other space public. b) Tear, smudge or tear those posters or advertisements placed in locations or licensed sites for this purpose. c) Acts of propaganda or other circumstances which involve throwing, hitting, setting or pulling on the street all kinds of flyers or similar materials. 2. Municipal services may choose, in order to correct to the best satisfaction of the interest public, including requiring the person in charge to proceed with the cleaning of the space city that had been affected, with subsequent execution in case of subsidiary default, or proceed to the immediate cleaning up the affected area, accusing the responsible for the cost of services provided without prejudice to the imposition of penalties. 3. They are treated as individual acts for the purpose of punishment, each performance separate in time or space contrary to the provisions in paragraph 1 of this article. Are collectively responsible for both individuals or legal promote or manage advertising, such as those in whose favor it is made. ARTICLE 39. 1. The owners or operators of buildings, monuments, kiosks, etc, take care of keep clean exteriors and facades of any advertising other than the specific to a profession or activity. 2. It will allow the posting of notices or advertisements on the sites for this purpose, provided, further, is covered by the relevant authority as a result of be of interest to the municipality of Orihuela. ARTICLE 40. - The electoral propaganda during periods legally entitled, and those acts of particular political significance and general citizen participation, governed by general provisions taken to this sole purpose. ARTICLE 41. - Banners and pennants shall comply in all cases, following conditions: a) Banners and flags are not subject to structural elements of the street, unless there is express authorization of the City. Only be held between or in the facades of private buildings and public, with regulatory approval of the owners. b) The surface of the banners have sufficient drilling to reduce the effect of wind and in any case, the perforated surface is twenty five percent of banner. c) In any case, the minimum height drop, measured at the lowest point will five meters, when the banner crossed the road, and three-meter walks and sidewalks other pedestrian areas. d) It also prohibits placing them in unauthorized places and without the authorization. ARTICLE 42. - To obtain authorization for the placement of banners or banners must provide the following documents: a) Application attesting to tax data from the advertising company or individual, or responsible for legal advertising. b) Content and size of banners or flags. c) The places where you want to install. d) Day you plan to install and time remain installed. e) Responsible commitment to withdrawing them and repair the damage caused to the streets or in their structural elements, the day after the completion of advertising, and to compensate the damage and prejudice of any nature that may have caused because of their placement. f) Liability for damages of any nature cause. ARTICLE 43. 1. Banners and flags shall be removed by authorized persons responsible for placement as soon as the deadline has expired for which they were authorized. Not doing so will be removed by the concessionaire of the cleaning service, with any those responsible for costs for the service provided, without prejudice to the imposition of sanctions arising herefrom. 2. The placement of banners and flags on public roads without authorization, will result in immediate withdrawal by municipal sanctions and bear the costs caused to those responsible for the municipal authority. ARTICLE 44. - When a building has been painted or glued posters, the owner or person in charge shall notify the competent Department, to take actions as appropriate. ARTICLE 45. - The service concessionaire shall clean the space city that had been affected by conduct described in Article 43, accusing the responsible for the cost of services provided, without prejudice to the imposition of penalties. ARTICLE 46. - Do not allow the placement of advertising elements in buildings Artistic Historical cataloged the city. Be responsible and the advertising company, alternatively the organizers, partners and announced. ARTICLE 47. - Companies proclaimers in the use of the placement of elements advertising in places approved, will be required to clean the street spaces they had used. ARTICLE 48. - The Municipal Services may order the removal of elements advertising on unauthorized sites, imputing the cost of services to the company harbinger of advertising elements removed. ARTICLE 49. - Are prohibited in public places painted on structural elements, such as driveways, medians, sidewalks, street furniture, walls and walls, etc.., except for: The wall paintings of artistic carried out with permission of the owner and the authorized by the City. TITLE III URBAN WASTE MANAGEMENT CHAPTER I GENERAL RULES ARTICLE 50. 1. The municipal waste management includes: a) The operation of collection, storage, transfer, treatment and disposal. b) The processing operations required for reuse, recovery or recycling. 2. Individuals and entities producing or possessing of waste and residues will come required to make them available to the City Council, under the conditions prescribed in the this Ordinance in accordance with the guidelines established for that purpose. ARTICLE 51. - The collection of municipal waste will be established by the City Council with the frequency and time deemed appropriate, given the necessary publicity to knowledge of neighbors. ARTICLE 52. 1. No individual or entity may engage in the collection, transport, use or any other form of waste management, whatever their nature, without the prior grant or municipal authorization. 2. Receipt of municipal waste will take over personnel engaged in the collection thereof, and who will submit to any other person or entity who is without proper authorization or concession shall jointly and severally liable with the latter by damage that may occur because of those, regardless of the penalties arising herefrom. ARTICLE 53. 1. In the case of the following wastes and residues, the council may special rules to determine the liability of producers and / or holders waste and waste to take over management operations in each case be determined: a) Vehicles and household goods, industrial machinery and equipment abandoned. b) Construction debris and scrap. c) Biological and medical waste, including dead animals and waste or belongings from health activities, research or manufacturing, having a and biological composition to be subjected to specific treatment. d) Industrial waste, including sludge and sludge. e) Wastes from agricultural activities among which are included explicitly, the substrates used for crops and forced plastics and other materials used for protection of these crops from the weather. 2. Notwithstanding the foregoing, the producers and holders of waste and waste must keep under conditions that do not cause discomfort or pose no kind of risk to both put the same services available to pickup City Hall, or entity responsible for the various management activities. 3. Persons or entities producing or possessing of waste and residues will be responsible for any damage or inconvenience caused by the same until you perform your delivery to the City collection services or entity responsible for its management in the legal form. 4. In any case, and in particular all references to those residuals as toxic and / or hazardous or special sectoral activities from non-determinations subject to ordinary municipal waste subject to the laws of household waste, the City shall ensure the proper development of your deposit, withdrawal and disposal in accordance with state and regional primary legislation, and this without impairment of communication affect the competent authorities, either in nature administrative or judicial, at this course, for proper management and protection citizens, property and environment and natural environment. ARTICLE 54. 1. When, by the nature of municipal waste could have characteristics that make them toxic or hazardous, we will require the producer or holder of the same, prior to collection or deposit, make a treatment to remove these features or deposited in the appropriate shape or location. 2. Similarly, producers or holders of potentially toxic or hazardous waste or, by its nature, can cause disruptions to transportation and treatment are required to provide the City full information about its origin, quantity and characteristics at all times be responsible for any damages incurred when have been omitted or misrepresented that information. CHAPTER TWO DOMESTIC WASTE SECTION 1 GENERAL PROVISIONS ARTICLE 55. - For purposes of this Ordinance are considered for household waste movement from the normal domestic activity, as well as those produced in commercial establishments, by their nature and volume, can be equated to above. ARTICLE 56. 1. The evacuation of residential municipal waste shall be located in the type container and container standardized in each case points to the Hall., according to the nature of the waste, the characteristics of the sector or public roads, and planning made for the collection and transport Cleaning Services. a) The containers shall be deposited tightly closed by knots, ties sliding or adhesive tapes. b) standard containers are plastic bags no more than 70 liters. and minimum capacity of 150 microns. c) standardized containers shall mean containers 120, 240, 360, 800, 1000 and 1,100 liters. the type to normalize the Town Hall. 2. It prohibits the deposit in waste bins or containers filled with liquids or are susceptible to liquefy. 3. It is strictly forbidden incinerate any waste in any public place or private outdoor. 4. It is prohibited to deposit household garbage in the streets, bins or containers municipal located in the streets to collect waste from the daily scan. ARTICLE 57., Upon the deposit of waste in the containers or receptacles established for that purpose, acquire the character of public property, in accordance with applicable Law 10/1998 of 21 April, on Waste. ARTICLE 58. - It is prohibited for select and remove any kind of use waste material deposited on containers or containers. It also prohibits any manipulation of waste on public roads. ARTICLE 59. - Orihuela City Council will publish the schedule of days, hours and provision for the provision of collection services. Also you can enter the modifications for reasons of public interest, or service, has the convenient and disclosed in good time, changes in schedule, form or frequency of service delivery, with the exception of the provisions issued by it if emergency. ARTICLE 60. - Standardized containers owned by the City Council shall located where vehicles can access the Collection Service Municipal Waste. ARTICLE 61. 1. The containers are retranquearán on the sidewalk, when characteristics of the road there is no vehicle parking area next to it. 2. The containers were placed in marked areas where existing features on the way there area for the parking of vehicles at the curb and must be placed on the edge of the parking lot, and taking appropriate action in order to avoid moving or hinder the tread area of the road. ARTICLE 62. 1. Supermarkets, shops and other services and facilities Similar features have to have an enclosed space or area bounded access restricted large enough to accommodate the urban waste containers selective necessary. 2. The spaces mentioned in the preceding paragraph must be kept in adequate conditions of hygiene and cleanliness, and the accumulation of waste must be carried out using closed containers sealed. SECTION 2 USE OF CONTAINERS ARTICLE 63. - Users are required to deposit the waste in bags or sacks plastic tear-hard, unable to deposit waste in bulk bins or containers, packages, boxes or similar. ARTICLE 64. - It is prohibited to park any vehicles in front of the standard containers and buckets. ARTICLE 65. 1. For correct operation of the containers meet the following standards: a) The user will use the container is assigned. b) You should only use it for the garbage that normally occur in your home, not using it for the discharge of liquids, debris from construction, furniture or other. c) There shall be deposited in the container no burning material. d) The wastes are deposited in bags tightly closed by knots, ties sliding or adhesive tapes. e) The wastes will be housed inside the container, avoiding overflow and accumulation on its surroundings. f) Will be utilized to its maximum capacity. This will break and bend any object large (boxes, cartons, plastics, etc..) using the recycling centers that previously provided the council for that purpose. g) Once the container is used to seal the lid. 2. The duties and obligations provided in the preceding paragraph shall not Subject to the provisions set out in Chapter Ten of Part III of this Ordinance for containers assigned to the collection of waste (paper, glass, etc..). ARTICLE 66. - If due to poor presentation of waste is discharges produced in bulk bins or containers, the user will cause responsible for the dirt caused, being obliged to repair the condition caused, with independence of the corresponding penalty. ARTICLE 67. 1. The schedule for depositing trash in standard containers will be from twenty-one hours until twenty-four in summer and from twenty-four twenty hours in winter. 2. It is prohibited to deposit garbage in the containers once the service has passed collection. 3. Excluded from the schedule in the first paragraph, the issuance of containers that are subject to separate collection. ARTICLE 68. - In the case of waste or waste by volume or configuration can not be collected by normal services, the City may require that the municipal waste are delivered under defined conditions to facilitate collection. If waste is not delivered under the conditions that have been determined, may be interest charged to the extra costs of collection occurs. ARTICLE 69. - If an entity has to dispose of solid waste in quantities greater than permitted, may be permitted to transport them to their own media, running with the extra costs occurring treatment or disposal. ARTICLE 70. 1. In developments with internal streets may be placed in containers within them, whenever requested by the homeowners and the vehicle collector can access them freely. 2. Otherwise, the containers are placed at the entrance to pass a truck when In the case of containers located in areas of public roads. CHAPTER THREE INDUSTRIAL WASTE ARTICLE 71. 1. In general, industrial waste will be considered those which by their nature can not be classified as inert or treated as household waste. 2. Among industrial waste, special consideration will be toxic and dangerous containing substances or materials that represent a quantitatively or qualitatively risk to health or natural resources. ARTICLE 72. - It is the responsibility of each company's waste management predominantly industrial or waste arising from their specific activity, for which purpose is obliged to inform the City Council of the volume, type of waste and pretreatment if any, communicating this to the person concerned the procedure to be adopted. ARTICLE 73. 1. However as stated in the previous article, the Municipal Services Cleaning may, in the circumstances of each industry, agree to take it collection of their waste. 2. In the case of waste or waste by volume or configuration can not be collected by the City Council's normal, it may require reduction, User shall pay, in case of default, additional costs that their collection originates. 3. If an entity had to dispose of solid waste in quantities greater than the standard, may be permitted to transport them to their own, own expense additional treatment or disposal occurs. ARTICLE 74. 1. The issuance of industrial waste by individuals, either directly or through third party is conditional upon obtaining the appropriate permit. 2. To obtain prior permission, waste holders must provide the request for the following: a) Name and registered office of the establishment or activity. b) Type of products to fight. c) Quantities expressed in standard units. d) Frequency and duration of the warrants. e) Payment of the appropriate fee. ARTICLE 75. 1. The collection and transport of such waste may be carried out directly by duly authorized third parties. 2. If the producer or holder of waste delivered to the person or does not have the legal authorization as a manager, you must respond in solidarity with it from any damage that occurs because of them. CHAPTER FOUR MEDICAL WASTE ARTICLE 76. 1. For the purposes of this Ordinance shall be considered medical waste, in general, those that occur in clinics, nursing homes, hospitals, laboratories and other health facilities of a similar nature. 2. Within the medical waste are included clinicians and comparable to urban. 3. They are treated as clinical waste from all those surgeries, priests and any disposables such as syringes, needles, bags of urine and blood, serum, etc.. 4. Medical waste shall be considered equivalent to those from urban kitchens and homes, wrappers and containers of food and those who do not not constitute a clinical or toxic or hazardous. ARTICLE 77. - Clinical waste shall be deposited regardless of the equivalent to home, continue to apply current legislation for waste treatment as toxic and dangerous. ARTICLE 78. - Are expressly excluded from the collection of municipal services utensils and equipment contaminated or have specific toxicity or hazard. The collection and disposal of these correspond to the center itself through related facilities for that purpose or authorized companies. CHAPTER FIVE Toxic and Hazardous Waste ARTICLE 79. - Correspond all responsibility for toxic waste hazardous to the City Council of Orihuela, which will decide and authorize the management, treatment and collected by municipal services. CHAPTER SIX ABANDONED VEHICLES ARTICLE 80. 1. Notwithstanding causes withdrawal and deposit of vehicles which includes the traffic rules and vehicle traffic, the Municipal Technical Services proceed with the removal of vehicles on public roads or adjacent land and public open space provided by their outward signs, time spent in the same situation or other circumstances might be considered waste. ARTICLE 81. 1. Made the withdrawal and deposit of an abandoned vehicle in the terms defined in the previous article, it shall notify City Council who appears as owner in the Register of Vehicles or who happens to be the rightful owner, as established in the legislation. 2. If the vehicle owner was unknown notification shall be made in accordance with the general rules of administrative procedure. 3. Any person may give notice to the City or agents of the authority, existence of a vehicle or its debris presumably abandoned. ARTICLE 82. - Vehicle owners or their remains left to be run the costs, if any, collection, transport and deposition. ARTICLE 83. - In order to maintain public roads in a permanent state of cleaning, and parked vehicles do not impede the work day, a vehicle may be parked in one place more than seven consecutive days and may be moved to another street or location. CHAPTER SEVEN FURNITURE AND EQUIPMENT ARTICLE 84. 1. The City Council will have a pick up of furniture and household goods useless for anyone neighbor municipality upon request and at the times and dates the City Council deems appropriate. 2. It is prohibited to place furniture and furnishings in public spaces and in the containers for municipal waste, other than collection days and places certain purpose. 3. Prohibited the burning of furniture or appliances. CHAPTER EIGHT CORPSES OF ANIMALS ARTICLE 85. - Prohibits the abandonment of dead animals of all kinds on the road public lots and on any kind of land, also on land burial public property, without prejudice to the responsibilities arising herefrom, as appears from the rules of health. ARTICLE 86. - 1.Persons or entities who need to dispose of dead animals will do so through the Municipal Services, who will proceed to collect, transport and elimination. 2. At the time of the service, individuals or legal entities must complete a form which shall include all facts and circumstances related to service. 3. Any natural or legal person is obliged to pay the corresponding service. ARTICLE 87. - The removal of dead animals does not exempt in any case, the owners of the obligation to notify the animal down and causes of death. ARTICLE 88. - Those who observe the presence of a dead animal in any space public must notify the City Council, to be withdrawn in the same hygienic conditions required for this operation. CHAPTER TEN COLLECTION ARTICLE 89. 1. For the purposes of this Ordinance shall be deemed selective separate collection of one or more components of municipal waste, carried out by the service collected directly, or by third parties (private or public) that have been previously authorized by the City. 2. All material deposited in their respective selective container acquires the character Municipal property, according to Law 10/1998 of 21 April, on Waste. ARTICLE 90. 1. The City Council through municipal or contracted services, may carry out many experiences and activities in collection may think fit, introduced to effect the necessary changes in the organization of service garbage collection. 2. In the exercise of this activity, initiatives to promote reuse and recycling of waste by encouraging separate collection. 3. As a guideline be established separate collection services: a) Furniture, fixtures and lumber. b) Glass. c) Paper. d) Electric batteries. e) Button cell batteries. f) Lightweight containers and aluminum cans. 4. Containers or receptacles for collection, the use of which will accommodate the indications Municipal Cleaning Service, are exclusively reserved for provision of separate collection in question, prohibiting the deposit therein of residual materials other than those stated in each case, and the withdrawal of such containers and containers of these wastes. 5. The City will place containers for collection, as needed and at the discretion of the Municipal Clean and can not be moved or displaced by any unauthorized person. ARTICLE 91. 1. The manner of delivery of the collection may be: a) Originally by specific standardized containers, distributed on the streets of the city in different colors and shapes, depending on the material to be deposited and to be determined each case. b) In the Green Points installed in some parts of the city endowed with great containers. These Green Points may be used only by private citizens depositing correctly only laid waste materials, provided in the container appropriate. It is forbidden to use waste from businesses construction, removals, industrial and other waste generating activities which origin is not home or small business, and likewise for the deposit of waste other than those specified for each container, is expressly prohibited deposition of organic matter. 2. No individual or entity may engage in the collection of use these residues, except in the case of having municipal authorization. TITLE IV WORKS, BUILDINGS AND DEBRIS CHAPTER I GENERAL RULES ARTICLE 92. - The issuance of debris to be made in special containers for works, defined as, standard containers, designed to be loaded and discharged onto special transport vehicles, for the collection of waste included within the construction industry. Containers shall be painted in colors that highlight their visibility and should lead paint in the corners reflective stripes. ARTICLE 93. 1. Works promoters must apply the appropriate authorization to install containers in public works. 2. The corresponding application shall be accompanied by: - Copy of Building Permit question. - Sketch indicating the area to occupy, no containers and situation thereof. ARTICLE 94. 1. The promoter of the works is responsible for cleaning permanent road activity affected by the issuance of waste in the container works. 2. Services for the City proceed with the cleaning referred the previous section, of not doing responsible, under the obligation. ARTICLE 95. Works will have containers outside in a visible place: - The name or business name and telephone number of owner or company responsible for its installation. - Name and address of the promoter of the works. - Sticker for certifying the payment of tax applicable. ARTICLE 96. - It is prohibited to deposit in waste containers for construction sites domestic or containing flammable, explosive, dangerous or likely to putrefaction, and all kinds of debris that cause discomfort to road users public, being responsible for the misuse of the license holder. ARTICLE 97. - It is forbidden the collection or deposit of dumpsters, filled or gaps in public spaces, as well as solar or private land, provided there direct visibility from the street or undermines urban hygiene. ARTICLE 98. 1. The containers are placed, on the inside of the closed area of works and, otherwise, on the sidewalks of public streets when they have three or more meters wide, not If so must be requested approval of the proposed situation. 2. In any case be observed in placing the following requirements: a) Preferably be located in front of the work they serve or as close as possible. b) They should be located so as not to impede visibility of vehicles especially in crossings, respecting the distance set for establishments for code Circulation. c) It can be in the crosswalks in front of them, or in washes or reserves establishments and stop, except when these reservations have been requested for the same work. Either, and in particular on or in front of the steps specifically enabled to facilitate the transition and the wanderings of the handicapped citizens. d) In no case shall be placed wholly or partly on access covers public services, fire hydrants, tree pits or tree in general, nothing could be urban hampered the use of which in normal circumstances or emergency. e) They may not be placed on the sidewalks with a width, less the space occupied the fences where appropriate, do not allow a free passage of one meter at least once placed the container, or in driveways, when the space provided is less than three meters in one-way direction of traffic, or six feet in two-way street. 3. Will be placed in any case, so that its longest side is situated in respect parallel to the curb. 4. When containers are located on the road, should be positioned 0.20 meters the sidewalk, so as not to prevent surface water flow through the reach and drainer next to the scupper and must protect each container, as least three traffic cones, placed on the public highway in an oblique line on the side of container next to the circulation. 5. On the sidewalk must be placed on the edge of it, without any of its parts protrude from the curb line. ARTICLE 99. - The affixing container and stay in public from 21 hours on Fridays and holiday eves to 7 hours on Mondays or next business day, respectively, except with express permission from the City Hall. ARTICLE 100. 1. The use of dumpsters is required on all sites. 2. Once filled, the containers must not remain more than 48 hours on the road public and must be removed and taken to inert landfill. 3. In case of default, the City may remove the container which, when vacuum deposited shall, upon payment of costs amounting to the removal, transportation and pouring. This measure also applies to the previous article. ARTICLE 101. - Installation and removal of container for construction will be carried out without causing disturbance to people and property whether public or private, responsible for the holder of thereof, must repair the damage and make it perfectly clean the road surface occupied. ARTICLE 102. 1. The burden of waste and materials shall not exceed the maximum capacity of container without authorizing the placement of additional supplements to increase load capacity, accounting or legal persons who rent the container and subsidiary company thereof. 2. Works containers must be used so that its content does not spread public road and must immediately clean the affected area should this occur. 3. At all times remain covered container, except when required spill waste. 4. Will be responsible for the provisions in this Article the natural or legal rent containers and subsidiary company thereof, must provide this data if need be the lessee. ARTICLE 103. 1. Is prohibited mixers cleaning and disposal of waste from thereof, on public roads, sewers, lots, trails, streams, buffer strips coast, sidewalks, etc.. 2. In the transport of concrete or other debris from works on public roads, the collected vehicles shall discharge system to prevent the discharge by it. 3. Breach of the provisions of the preceding paragraphs, will be responsible for the owner of the vehicle and the driver, both being bound to the withdrawal of the concrete landfill or other waste, cleaning of the entire affected area and repair of all damage, subject to appropriate sanctions. ARTICLE 104. 1. It is prohibited to store or deposited on public roads, lots, vacant lots, beds of rivers, streams, stretches of coastline, trails, roadsides, etc. .., any waste material works or miscellaneous activities. Such waste may be dumped in the authorized disposal sites. 2. Breach of the provisions of the preceding paragraph, shall be responsible for the owner of the vehicle and the driver, both being bound to the removal of the waste disposal, cleaning of the entire affected area and reparation for all damage caused, subject to appropriate sanctions. ARTICLE 105. - The materials of construction outside the closed areas and authorized acquire the character of waste in accordance with Law 10/1998, passing municipal property without the owner concerned can claim the loss of such materials, and subject bear the cost of service and appropriate sanctions. ARTICLE 106. - It is the obligation of the contractor and subsidiary of the promoter, daily cleaning and routine road that is affected by the construction of buildings, execution of works and earthworks. TITLE V - CLEAN BEACHES AND COASTLINE. ARTICLE 107. - Subject to existing laws and regulations of any kind applicable to the coast, corresponds to the Council to provide the means necessary to maintain and ensure the cleanliness and health of the beaches and coastline of the municipality. ARTICLE 108. - The activity and municipal competence in the application of this Ordinance extends to the beaches, both sandy area as rock, as well as road areas for both people and vehicles that exist nearby. ARTICLE 109. Prohibited, generically, the following activities in the area of beaches and coastal city: - Discharge or deposit of any type of waste of any nature, size and / or quantity. - Installation of tents, huts, shacks, huts, shacks, trailers, or any other facility does not pose as sun protection umbrellas or awnings without permanent installation. And you do not have the required authorization of concern concerned. - The preparation of any food or food, except in areas specifically intended for that purpose, not meaning the mere consumption of prepared foods. The stay or transit of animals of any kind in beach area. ARTICLE 110. - The owners or holders of genuine use, and in solidarity with those, shall maintain in good working order, cleanliness and hygiene facilities and beach or coastal areas where they may be bars, bars, terraces, rental of umbrellas and hammocks, boat rental business and other water play and like. At the end of the school day for these activities should be cleaned the area where the activity takes place for water play that it is in perfect state of cleanliness and aesthetics, without prejudice to the need to avoid the collection during the day wastes or residues from any such activities, the owners or users. And all in accordance with the requirements and conditioned to comply by applying appropriate administrative concessions TITLE VI LEGAL AND PENALTY SECTION ONE: Procedure ARTICLE 111. - The procedure is initiated ex officio by the Municipal Administration itself, under the function of inspection and testing of their own competence or to request, through appropriate complaint. ARTICLE 112. - 1. Any person, natural or legal person, may give some to the City of any violation of this Ordinance. 2. Communication received and verified the identity of the caller, it shall initiate the appropriate proceedings in ascertaining the facts, being followed the procedures indicated in the articles coming, with the adoption of the precautionary measures necessary until the final resolution. SECTION TWO: VIOLATIONS AND PENALTIES ARTICLE 113. - The violation of what is provided in this Ordinance will generate the corresponding opening of disciplinary proceedings in accordance with the procedure established by procedural legislation. ARTICLE 114. - Violations of the provisions of this Ordinance shall be punished by the Mayor, Chairman of City Council to impose a fine in accordance with the provisions of applicable law. ARTICLE 115. – 1. In the application of sanctions will be addressed to the degree of guilt, an entity of the violation, the violation involving dangerousness, recidivism or relapse and other circumstances have occurred. 2. Of damage occurring in the public domain for the cleaning and waste collection, the authors are responsible and abide by the sanctions that would place. ARTICLE 116. - The sanctions will be imposed for each requirement of the municipal authority not met by the offender. ARTICLE 117. - Notwithstanding the provisions of Law 10/1998 of 21 April residue violations are minor, serious and very serious: Violations of this Ordinance are classified as: A) Minor offenses: offenses will be considered light the following: 1., Breach of rules on cleaning the roads and private contained in Chapter I of Title II of this Ordinance) 2 º., Trashing the streets, parks and gardens and other public uses as a result of keeping of animals. 3 º., Trashing the street from the consumption of alcoholic beverages or drinks in public, both in glass, and plastic, metal or the like. 4 °. Librar-waste out of containers, or containment elements other than those permitted, and deliver household waste containing waste in liquid form or is likely to liquefy and deliver garbage items that are not tied or blocked. 5 º., Placing waste in hours or locations other than those identified by the municipal services. 6 th., Prevent loading, unloading and transfer of MSW collection services and Clean. 7 th., Failure to cleaning tickets and private developments. 8 th.-Spread and throw all sorts of pamphlets and similar materials in unauthorized locations. 9 th. - Making inscriptions and graffiti painted on walls, walls, facades, street furniture and any other public space. 10 °. - Any breach of the rules contained in this ordinance shall be classified as minor offense, unless the act is allowed a criminal offense is serious or very serious. B) Serious offenses: grave breaches will be considered the following: 1. - Littering the streets as a result of carrying out works and other activities referred to Chap. II and Cap. III of Title II of this Ordinance. 2 nd. - Failure to maintenance cleaning of facades, signs, advertising, awnings, outdoor medians, entrances, stairways, and generally, all parts of buildings visible from the street. 3 º. - Breach of duty cleaning and maintenance of solar fencing. 4 °. - Littering the streets as a result of activities in commercial establishments, caterers, kiosks, stalls and the like. 5 º. - Leaving furniture, appliances, lumber, waste materials, from small repairs to homes. 6 th. - To draw in public waste excluded from the home collection service, provided that this activity is not classified as very serious in the next section. 7 th. - Breach of the rules on public events, banners, posters, signs, graffiti and leaflets. 8 º. - Failure to keep containments returnable in perfect conditions of use and cleaning. 9 th. - Perform transfer or handling of garbage outside the parks collection, concentration or treatment of municipal services that have been earmarked for that purpose. 10 °. - Placing waste in unauthorized or different recycling containers reserved for gold waste materials. 11 º. - To draw packaging and packaging waste in common containers or in public, if the City hath implanted the system of collection of those. 12 º. - Failure of any of the rules on collection, transport and disposal of earth and rubble (Title IV), who is not considered very serious in the next section. 13 º. - Failure of some rules on collection and transportation of industrial and special waste (Chapter III of Title III), which is not very serious collection below. 14 º. - The repetition of minor errors. C) Very serious infringements are considered very serious offenses the following: 1. - Trashing the street because of transport of building materials, soil, debris or waste, industrial or special, by failing to adopt measures in the vehicle to prevent discharges. 2 nd. - Placing in containers containing waste works flammable, explosive, noxious and dangerous, capable of putrefaction or produce unpleasant odors. 3 º. - Make land spills and debris in place unauthorized (illegal landfill). 4 °. - Placing on the streets or in containers which are not suitable for an industrial waste and special (health, dangerous, etc..) 5 °. - Placing on the street dead animals. 6 th. - Ridding waste and manure produced in slaughterhouses, laboratories, barracks, parks and other similar public or private establishments. 7 th. - Release detritus of hospitals, clinics and medical centers. 8 º. - Littering the streets as a result of vandalism against the furniture cleaning service (container, paper, etc ...). 9 th. - The provision of signs or banners that violate the honor, personal or family privacy, equality of the Spanish, or that contain xenophobic or discriminatory messages. 10 °. - The reiteration of misdemeanors. ARTICLE 118. - The penalties for violations of this Ordinance shall be: 1. - Minor offenses ........................ up to 750 €. 2. - Serious offenses ...................... from 751 € to 1,500 € 3. - Very serious offenses .............. from € 1,501 to € 3,000 SECTION THREE: RESOURCES ARTICLE 119. - The resolutions of the Mayor in embodying the execution orders halt to the proceedings may be appealed discretional in reinstatement to the same or be challenged directly before the Judicial Administrative Order, pursuant to the provisions of that Act regulating jurisdiction. ONLY PROVISION Repeal. - All such provisions are repealed municipal same or lower rank that regulate matters contained in this Ordinance as oppose or contradict the contents of it. DISPOSAL OF FIRST. - Is authorized expressly for Mayor-President to interpret, clarify and develop the above rules and where necessary, fill the regulatory gaps are seen in the precepts contained in this Ordinance and to adopt such necessary and consistent with their best application without prejudice by judicial resources were appropriate. SECOND - This Ordinance shall enter into force when it is published in the "Official Gazette of the Province of Alicante" BOP and entirely in accordance with Article 65.2 of Law 7/85 of 2 April, the deadline has passed 15 days to which it refers