GARBAGE AND RUBBISH DISPOSAL*
Sections:
7.20.010 Collection and removal--Permit required.
7.20.020 Deposit of garbage in approved dumping ground.
7.20.030 Receptacle--Required.
7.20.040 Receptacle--Requirements.
7.20.050 Receptacle--Residence requirements.
7.20.060 Removal--Spillage prohibited.
7.20.070 Receptacle--Location--Nuisance when.
7.20.080 Collection--Scavenger requirements.
7.20.090 Separation of rubbish and garbage.
7.20.100 Burning regulations.
7.20.110 Collection--Contract and permit.
7.20.120 Removal by private persons.
7.20.130 Enforcement.
7.20.140 Contract or franchise for collection.
7.20.150 Fees.
7.20.160 Interference prohibited.
7.20.170 Repeal of chapter effective July 1, 2011.
* For the statutory provisions authorizing cities to contract for garbage and rubbish disposal and to prescribe terms for such services, see Health & Safety Code §4250.
7.20.010 Collection and removal--Permit required.
It is declared unlawful for any person to collect, remove or carry any garbage, house refuse, butchers’ offal, shells, papers, ashes, cinders, broken glass, crockery, tins, bones, rubbish or other like matter, or any dead animals or putrid animal or vegetable matter except as herein provided, without first obtaining a written permit from the council of the city. (Ord. 15-73 §1, 1973: Ord. 8-61 §1, 1961).
7.20.020 Deposit of garbage in approved dumping ground.
It is declared unlawful for any person, persons, firm, company or corporation to dump or deposit upon any street, lot or lands or water or waterways within the city, any garbage, house refuse, butchers’ offal, shells, papers, ashes, cinders, broken glass, crockery, tins, bones, rubbish or other like matter, or any dead animals or putrid animal or vegetable matter without first obtaining a written permit from the council of the city.
Any person to whom a permit is granted under this chapter shall, before dumping or depositing any of the things mentioned herein, secure a suitable dumping ground therefor, which shall be approved by the council, whether said dumping ground is within or without the limits of the city. (Ord. 8-61 §2, 1961).
7.20.030 Receptacle--Required.
From and after the passage of the ordinance codified herein, all garbage, house refuse, butchers’ offal, shells, papers, ashes, cinders, broken glass, crockery, tins, bones, rubbish or other like matter shall be placed by the person, firm or corporation occupying the premises upon which such garbage or other matter is created, in receptacles as hereinafter provided. (Ord. 8-61 §3, 1961).
7.20.040 Receptacle--Requirements.
Every person, firm or corporation occupying any premises within the city where garbage, refuse or other material mentioned herein is created, produced or accumulated shall keep and maintain a watertight galvanized metal container of not less than ten nor more than thirty gallons net capacity, which container shall be kept clean, continuously closed by a tight-fitting galvanized metal cover except when material is being placed within or removed therefrom and shall be proof against the access of flies and rodents. Such container and the contents thereof shall be made available for delivery not less than once a week to the scavenger contracting with the city to collect the same in accordance with the provisions of this chapter. (Ord. 8-61 §4, 1961).
7.20.050 Receptacle--Residence requirements.
It is the purpose and intent of this chapter that the owner, lessee, tenant or other occupant of every single and multiple family residence and of other premises where garbage is created, produced or accumulated, shall have and maintain on the premises at least one standard container as defined herein and be liable for the periodic refuse collection charges established by the city council pursuant to this chapter. (Ord. 1-66 §1, 1966: Ord. 8-61 §6.5, 1961).
7.20.060 Removal--Spillage prohibited.
Any person, firm or corporation collecting garbage or other material herein mentioned on a written authorization or contract from the council shall transfer same in a water-tight vehicle provided by the scavenger and approved by the county health officer, or other designated officials, as being a satisfactory vehicle for such purpose. It is unlawful for the scavenger to spill any of the contents of the individual containers on stairs, yards, streets, alleyways or public places. (Ord. 8-61 §5, 1961).
7.20.070 Receptacle--Location--Nuisance when.
All such containers shall be so located as to be readily accessible for removing and emptying the same but shall not be placed within the limits of any street, road, avenue, way, alley, public place or any other place so as to constitute a nuisance. (Ord. 8-61 §6, 1961).
7.20.080 Collection--Scavenger requirements.
Collections of garbage, rubbish and waste matter shall be made at least once a week; provided however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and any scavenger. The contents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the health officer, or other designated officials, as being a satisfactory vehicle for such purpose. It is unlawful for the scavenger to spill any of the contents of the container on stairs, yards, streets, alleyways or public places. (Ord. 8-61 §7, 1961).
7.20.090 Separation of rubbish and garbage.
The producer or owner of garbage, rubbish and waste matter may elect to segregate rubbish and waste matter from garbage and the same may be placed in a box or barrel located near the galvanized container, but the material so segregated shall be kept in a dry condition and in such a manner as not to be offensive, or attractive to flies and rodents, and so as not to create a nuisance or fire hazard. All cardboard and wooden boxes, except containers of refuse or waste matter under this section, shall be broken up so as to facilitate the collection of the same by the scavenger. Such refuse shall be delivered to the said scavenger in the same manner as the contents of the said galvanized container. (Ord. 8-61 §8, 1961).
7.20.100 Burning regulations.
It is unlawful for any person to deposit, place or burn refuse of any kind upon public streets, alleyways or public places. It is unlawful for any person to deposit, place or burn refuse upon any public or private lot or land except as herein permitted. Dry refuse, except garbage, may be burned by owners or producers of the same only under a permit from the duly constituted fire protection agency having jurisdiction and under the terms and conditions thereof, but the said burning shall not create any offensive odor or smoke screen. (Ord. 8-61 §9, 1961).
7.20.110 Collection--Contract and permit.
It is unlawful, except as herein otherwise provided, for any person, firm or corporation to collect, contribute or carry garbage or other material herein mentioned over any streets or public places of the city unless such person, firm or corporation is an agent or employee of the city acting within the scope of his employment or has been awarded a contract by the city as scavenger; provided, that the city clerk, with the prior approval of the city council, may issue permits to transport or carry refuse over said streets to the scavenger of any other city or public agency if said council advises and determines that said permit is in the public interest and will not injure the contractual right of the scavenger of the city; provided further, that the city clerk, with the prior approval of the city council, may issue permits to any person to collect, contribute or carry dry refuse other than garbage or decayable matter for purposes purely incidental to the conduct of any lawful business of the city other than the business of collecting, contributing or carrying such refuse. (Ord. 8-61 §10, 1961).
7.20.120 Removal by private persons.
Nothing in this chapter prohibits any person from transporting, without spilling, his own dry refuse or rubbish, other than garbage or decayable material, upon the city streets to an established dump approved by the council of the city, which dump shall comply with all state, county, city or district regulations covering the same. (Ord. 8-61 §11, 1961).
7.20.130 Enforcement.
The county health officer or such other officials of the city or county who are acting therefor under authorization by the city council and the chief or acting chief of any fire protection agency within the city shall be the enforcement officers under this chapter, and they shall have the right to enter upon any and all premises for the purposes of determining the sanitary conditions thereof and ascertaining whether the terms of this chapter are being complied with, and any person denying or obstructing such entry shall be subject to the penalty provided in Chapter 1.16 of this code. (Ord. 8-61 §12, 1961).
7.20.140 Contract or franchise for collection.
The city council may award a contract or franchise for the collection and disposal of refuse to any person which the council believes best qualified and equipped to perform the work of a scavenger. The said contract shall require the scavenger to collect, remove and dispose of refuse in the city in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the county health officer, or such other officer as may be hereafter designated by city, and shall fix the compensation to be paid the scavenger therefor. It shall require the scavenger to furnish a surety bond of not less than five thousand dollars, conditioned upon the faithful performance of his contract, and shall require the scavenger to carry Workmen’s Compensation Insurance and property damage and public liability insurance in amounts to be determined by the council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances and conditions warrant such renewal. (Ord. 8-61 §13, 1961).
7.20.150 Fees.
The scavenger contracting with the city shall have authority to collect such fees as may be fixed by such contract and determined by the city council to be reasonable and to collect such fees either in advance or otherwise at such times as may be allowed by such contract. (Ord. 8-61 §14, 1961).
7.20.160 Interference prohibited.
It is unlawful for any person in any manner to interfere with the collection or disposal of garbage, refuse or waste matter by an person authorized by license, franchise or contact to collect or dispose of the same. (Ord. 8-61 §15, 1961).
7.20.170 Repeal of chapter effective July 1, 2011.
This chapter shall be in effect until June 30, 2011, and, as of July 1, 2011, shall be automatically repealed and of no further force or effect. (Ord. C-1-11 §1, 2011).
