Chapter 8.12
GARBAGE, REFUSE AND RUBBISH COLLECTION
Sections:
8.12.010 Definitions.
8.12.020 Accumulation unlawful when.
8.12.030 License—Required for collection.
8.12.040 Collection—Authorized when.
8.12.050 Collection—Contract with city.
8.12.060 Collection—Bond required.
8.12.070 Collection—Insurance required.
8.12.080 Contract for collection—Term—Extensions.
8.12.090 Frequency of collection.
8.12.100 Duties of collector.
8.12.110 Rates.
8.12.120 Emergency removal.
8.12.130 Transportation and vehicle restrictions.
8.12.140 Burying garbage unlawful.
8.12.150 Burning restrictions.
8.12.160 Tampering with receptacles.
8.12.170 Deposits in commercial dumpsters prohibited when.
8.12.180 Deposits in public places prohibited when.
8.12.190 Violation—Penalty.
8.12.010 Definitions.
Words used in the chapter are defined as hereinafter provided:
“Combustible rubbish” means and includes all rubbish which will burn upon contact with flames at ordinary temperature. All rubbish, other than “combustible rubbish” shall be considered as noncombustible rubbish.
“Contract agent” means and includes, for the purpose of this chapter, any person, firm or corporation or association, or the agents or employees thereof with whom the city shall have duly contracted under the terms set out in this chapter to collect, transport through the streets, alleys or public ways of the city, and dispose of refuse, garbage, wet garbage and rubbish produced within the limits of the city.
“Garbage” means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of, meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, ashes, and all refuse save and excepting as herein defined as rubbish or wet garbage.
“Person” as used herein, means any person, firm or corporation acting as a principal, agent, or officer, servant or employee, for himself or for any other person, firm or corporation.
“Place of business” means and includes any hotel, motel, trailer park, restaurant, market, hospital, or any commercial or industrial establishment where there is any accumulation of garbage, wet garbage, refuse or rubbish.
“Refuse” means and includes all matter and materials which are rejected by owners or producers thereof as offensive or useless and which by their presence or accumulation, may injuriously affect the health, comfort, or safety of the community by increasing disease or hazard by fire.
“Rubbish” means and includes all combustible and noncombustible waste and refuse matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodginghouses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, cut in lengths not to exceed three feet or two inches in diameter, grass cuttings, dead plants and weeds, and leaves but shall not include brick, mortar, or other debris incident to the construction of buildings.
“Wet garbage” means all clean garbage, suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boardinghouses, clubs and all other eating places in the city, and from butcher shops and dealers in fresh vegetables, and shall consist of and include only kitchen and table refuse, offal and swill, and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation, consumption, decay, or dealing in, or storage of meats, fish, fowl, birds, fruits or vegetables. Provided, however, that this definition is not intended to, nor does it include, the byproducts of butcher shops where said byproducts have a commercial value and are not decomposed nor offensive, and where the byproducts have not been rejected by the owners or producers thereof as offensive or useless. (Ord. 422-88 § 1, 1988)
8.12.020 Accumulation unlawful when.
It is unlawful for any person, firm or corporation to deposit, keep, accumulate or permit, cause or suffer any rubbish, wet garbage, or garbage to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as hereinafter provided:
A. Garbage. It is unlawful for any person, firm or corporation to keep, accumulate or permit to be accumulated any garbage upon any lot or parcel of land, or on any public or private lane, place, street, alley or drive, unless the same shall be in receptacles provided with handles; the receptacles shall have a capacity of not less than fifteen gallons nor more than thirty gallons and the receptacles to be provided with close-fitting lids or covers which shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein.
B. Wet Garbage. It shall be the duty of every accumulator of wet garbage within the city to provide or cause to be provided, and at all times to keep, or cause to be kept, separate containers or receptacles for holding such wet garbage, the receptacles shall be watertight and shall be so constructed as to contain not more than thirty gallons and shall be provided with handles on the outsider thereof, and with tight-fitting covers; such receptacles shall at all times be kept covered except when necessary to place garbage therein or to take garbage therefrom. Each such receptacle, including its cover, shall be kept clean from accumulating grease or decomposing material.
C. Rubbish. It is unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated any rubbish, except tree trimmings, unless the same be kept in a suitable box or boxes, barrels or other suitable receptacles to be kept on each of the premises, sufficient to hold the rubbish which would ordinarily accumulate on the premises. (Ord. 422-88 § 2(A)-(C), 1988)
8.12.030 License—Required for collection.
It is unlawful for any person, firm or corporation other than the city or such garbage collector as may be designated by the city, under contract therefor or license or its or his agents or employees, to engage in the business of collecting, disposing of, transporting, or carrying or conveying through the streets, alleys or public thoroughfares of the city any garbage, refuse or rubbish or other matter offensive to sight. (Ord. 422-88 § 3(A), 1988)
8.12.040 Collection—Authorized when.
A. No person other than the contract agent shall gather, collect or remove any garbage from any place or premises in the city for compensation, or convey or transport the same over the public streets thereof, provided, however, that the garbage collection or disposal contractors when serving other municipalities or public agencies or any person actually employed by such governmental agencies may haul such material over the streets after having first obtained a permit to do so from the public works department of the city.
B. Nothing in this section shall preclude any person from hauling garbage from their own premises to an authorized dump, provided such hauling is in compliance with Section 8.12.130 of this chapter and other applicable laws and regulations. (Ord. 422-88 § 3(B),1988)
8.12.050 Collection—Contract with city.
A. The city may enter into a contract with any person, firm or corporation for the collection of garbage in the city and as such it is unlawful for any person, other than the contractor or the persons in the employ of the contractor to collect or transport any garbage within the boundaries of the city, including future annexations.
B. For the collection and disposal of refuse, garbage, wet garbage and rubbish, a contract for a period not to exceed ten years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
C. The contract shall further provide that the contractor shall be required to dispose of all such garbage and rubbish, save and excepting wet garbage, at a dump site satisfactory to the city. (Ord. 422-88 § 9(A),(B),(D), 1988)
8.12.060 Collection—Bond required.
A. The contract shall provide that the contractor shall collect and dispose of the refuse, garbage, wet garbage and rubbish in the city in the manner provided in this chapter.
B. The contractor shall be required to furnish either a cash bond or surety bond to the city in an amount not less than five thousand dollars conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contractor shall have the sole and exclusive right, except as otherwise provided in this chapter, to engage in the business of collecting for a fee all garbage and rubbish in the city and transporting the same through the streets and public ways of the city. (Ord. 422-88 § 9(C), 1988)
8.12.070 Collection—Insurance required.
A. The contract shall also require that the contractor procure for the period covered by the proposed contract, full compensation insurance with an “industrial carrier” as defined by and in accordance with the provisions of the act of legislature of the state known as Workmen’s Compensation Act, approved May 26, 1913, and as subsequently amended.
B. The contract shall also require that the contractor carry general liability insurance in the amount of one million dollars combined single limit per occurrence for bodily injury, personal injury and property damage, and automobile liability insurance in the amount of one million dollars combined single limit per accident for bodily injury and property damage.
C. The city, its officers, officials, and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the contractor.
D. The coverage shall contain no special limitations on the scope of protection afforded to the city, its officers, officials and employees.
E. The contractor’s insurance coverage shall be primary insurance as respects the city. (Ord. 422-88 § 9(E),(F), 1988)
8.12.080 Contract for collection—Term—Extensions.
The city council by resolution shall have the power to provide for the inclusion in such contract of the terms as it deems necessary to protect the interests of the city. The city council may grant extensions of the contract upon the terms and conditions as the council may deem necessary in the best public interest. (Ord. 422-88 § 9(G), 1988)
8.12.090 Frequency of collection.
All garbage, wet garbage, or refuse of any kind, shall be removed by the city, its agents, employees or permittees, or representatives, at least once every seven days, unless otherwise directed by the health officer or other authorized agent of the city. (Ord. 422-88 § 3(C),1988)
8.12.100 Duties of collector.
It shall be the duty of any collector engaged in or conducting the business of collecting garbage, wet garbage, and/or rubbish by contract with the city or acting as its agent, permittee, or representative, under this section when directed by the health officer or other authorized agent of the city to immediately call at any premises in the city to which the rubbish or garbage collector may be directed by the health officer or other authorized agent and where garbage, wet garbage, and/or rubbish is accumulated and there collect and remove the garbage, wet garbage, and/or rubbish. (Ord. 422-88 § 3(D), 1988)
8.12.110 Rates.
The council, by resolution, shall establish rates for collection of refuse, garbage, wet garbage or rubbish and may from time to time amend the rates by resolution, but shall not reduce the rates during the term of a contract entered into pursuant to Sections 8.12.050 – 8.12.080 of this chapter. (Ord. 422-88 § 4, 1988)
8.12.120 Emergency removal.
Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or chief of police to constitute a health menace of such nature as necessary to be ordered by either of the officers to be promptly removed. (Ord. 422-88 § 7, 1988)
8.12.130 Transportation and vehicle restrictions.
A. No garbage or rubbish shall be removed and carried on and along the streets and alleys of the city except that same be carried, conveyed or hauled in conveyances so constructed as to be dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of the conveyances must be further protected with appropriate covers so as to prevent the same from being blown onto the streets, alleys and adjacent lands.
B. No wet garbage shall be removed and carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers so that the garbage shall not be offensive and every such container shall be kept clean and the garbage shall be so loaded that none of it shall fall, drip, or spill to or on the ground sidewalk or pavement.
C. Every truck used in the collection or removal of garbage, wet garbage, and/or rubbish, shall be kept well painted, clean inside and out, and in a prominent place on each truck display the name of the contractor and the truck number. (Ord. 422-88 § 8(A)-(C), 1988)
8.12.140 Burying garbage unlawful.
No person shall place any garbage upon or beneath the surface of any premises in the city. (Ord. 422-88 § 2(D), 1988)
8.12.150 Burning restrictions.
It is unlawful to burn garbage or cause to be burned, in the city any garbage. Rubbish may be burned subject to the fire regulations of the city. (Ord. 422-88 § 6, 1988)
8.12.160 Tampering with receptacles.
No person other than the owner thereof, his agents or employees or the contract agent, shall tamper or meddle with any garbage or rubbish receptacle, or remove the contents thereof from the location where the same shall have been placed by the owner or his agent. (Ord. 422-88 § 2(E), 1988)
8.12.170 Deposits in commercial dumpsters prohibited when.
It shall be unlawful to deposit garbage, trash or rubbish from any household or residence into a commercial dumpster, unless the dumpster has been rented by a member of that residence or household, unless specifically exempted by motion or resolution of the city council. (Ord. 422-88 § 8(D), 1988)
8.12.180 Deposits in public places prohibited when.
It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited any garbage, rubbish or refuse, as said terms are defined in this chapter, (except brick, cement, plaster, stones and gravel, and these only under a building permit), in or upon any vacant lot, or in any backyard, or in or upon any street, alley, gutter, or drain facilities, highway, park or other public place in the city or to deposit or place or keep any rubbish or waste matter except in the manner described in Section 8.12.020, 8.12.140 and 8.12.160 of this chapter. (Ord. 422-88 § 5, 1988)
8.12.190 Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon such convictions shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. (Ord. 422-88 § 10, 1988)