Chapter 6.08
GARBAGE AND REFUSE
Sections:
6.08.030 Franchise for garbage and rubbish collection and establishment of charges.
6.08.040 Collection in emergencies.
6.08.060 Placing of containers for collection.
6.08.070 Time and date of placement.
6.08.080 Special provisions regarding method of disposal.
6.08.090 Other storage prohibited—Private property.
6.08.120 Payment under protest.
6.08.130 General rules and regulations.
6.08.140 Specifications and restrictions on collection vehicles.
6.08.180 Franchise agreements.
6.08.190 Appropriation of funds.
6.08.200 Revocation of license.
6.08.210 Penalty for violation.
6.08.010 Legislative policy.
The city council does hereby find and determine that the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material is a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the periodic collection of garbage, rubbish and other refuse from all residences and places of business in the city benefits all occupants of residences and business within the city and therefore all occupants as hereinafter defined are made liable for the payment of such fees as may be from time to time approved by the city council. The city council further declares that the regulations in this chapter provided are designated to eliminate or alleviate such problems. (Ord. 227 § 1, 1968)
6.08.020 Definitions.
The following words and phrases, for the purpose of this chapter, are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:
(1) “Animal wastes” means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic or commercial livestock.
(2) “Byproducts” means and includes:
(A) All material produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery,
(B) All material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration,
(C) All material which the owner or producer thereof can, due to its nature, have removed from his premises without cost to him,
(D) All such materials as the city council, by resolution, designates as byproducts.
(3) “City” means the city of Cerritos, a municipal corporation of the state of California, in its present incorporated form.
(4) “City agent” means any employee or agent of the city designated by the city manager or the city council as being responsible for directing and collecting and providing for the disposal of garbage, rubbish, and other refuse, or any persons or corporations, or the employee or agent thereof, with whom the city may contract for the collection and/or disposal of garbage, rubbish, and other refuse.
(5) “Combustible rubbish” means paper, pasteboard, Christmas trees, carpet, rags, clothing, books, hair, hides, boots, shoes, straw and combustible packing, barrels, boxes, furniture, and similar articles which will incinerate through contact with flames of ordinary temperature.
(6) “Container” means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding garbage, food plant waste, market greens, and market refuse, rubbish and refuse.
(7) “Corporations” means and includes corporations, copartnerships, and all business enterprises, associations or organizations, however designated.
(8) “Food plant waste” means all garbage from places of business resulting from the manufacture of food or drink to be consumed elsewhere than on the premises.
(9) “Garbage” means all animal and vegetable refuse from kitchen and household waste, which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food,
(10) “Grantee” means any person, firm or corporation to which a franchise agreement is granted and its lawful successors or assigns.
(11) “Householder” as used in this chapter, means a person owning, renting, or otherwise holding and occupying a house or place of abode including a trailer, apartment, or motel unit with kitchen, singly, or with his family.
(12) “Junk” includes worn out and discarded material which may be turned to some use, but shall not include rubbish, byproducts, or salvage.
(13) “Market greens” means and includes all garbage which is leafy vegetable matter, such as lettuce trimmings, cabbage trimmings, carrot tops, corn husks, and the like, from places of business.
(14) “Market refuse” means and includes decayed and unsound meat, fish, fruit and vegetables other than market greens, and any other animal and vegetable refuse from places of business.
(15) “Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flames of ordinary temperature.
(16) “Occupants” means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or a place of business.
(17) “Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital, or any educational, professional, commercial or industrial establishment where there is an accumulation of refuse.
(18) “Person” means any individual, firm, copartnership, corporation, municipality, district, or other political subdivision, or any other group or combination acting as a unit.
(19) “Refuse” means when used singly in this chapter, and includes any or all types of rubbish, garbage or waste material defined in this section.
(20) “Salvage” includes rubbish, from which articles of value or material of value, may be extracted, segregated, removed or developed.
(21) “Streets” means the public streets, ways, alleys and places, except state freeways, as the same now or may hereafter exist within the city.
(22) “Transfer station” means the city designated site where collected refuse may be transferred to vehicles which will haul the refuse to a disposal site. (Ord. 227 § 2, 1968)
6.08.030 Franchise for garbage and rubbish collection and establishment of charges.
The city council does determine that the disposal and/or collection of garbage, rubbish or other refuse is a service to be performed by the city in accordance with the provisions of this chapter. The city may from time to time enter into contracts or exclusive franchise agreements regarding the collection of garbage, combustible and noncombustible rubbish, miscellaneous debris and combine rubbish from commercial, business, industrial and residential properties. So long as any such contract or franchise agreement remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions hereof. Fees and charges shall be, and are hereby, imposed upon the occupants of all residential properties in the city for the collection, removal and disposal of such garbage, rubbish, debris and other refuse matter within the city. Such fees and charges for such collection, removal and disposal services shall be those which the city council may from time to time hereafter approve by resolution or establish by contract or franchise agreement. No person shall collect, remove or dispose of any garbage, rubbish or other refuse within the city, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city manager and such person complies with the provisions of this chapter and any other regulations which have been adopted. The city council has further determined that effective January 1, 1979:
(1) Any refuse collection firm granted an exclusive contract by the city council for such purpose shall thereupon have the exclusive right to collect all residential, industrial and commercial refuse generated in the city, subject only to the exception set forth in this section.
(2) Any firm furnishing such services to any business location in the city for at least three consecutive years prior to notification of the granting of said exclusive contract may continue to provide such services to said firm or firms for not more than a five-year period commencing upon the mailing of notice to such firm of the granting of said contract. No such firm shall be entitled to render such services after January 1, 1979, unless it shall render its services in substantial compliance with the terms of the exclusive contract and provide at least the same quality and frequency of service required of the firm granted the exclusive contract. Any such firm operating after the granting of such an exclusive contract shall pay the same franchise fee and charge up to the maximum rates for its services as are prescribed for the contracting firm pursuant to its contract.
(3) Any firm, other than the city’s contract hauler, which engages in the business of residential, commercial, and/or industrial refuse collection in the city after January 1, 1979, other than as expressly permitted pursuant to the provisions of this section, shall be guilty of a misdemeanor punishable as provided generally for violations of this code. (Ord. 562 § 1, 1978; Ord. 231 § 1, 1969; Ord. 227 § 3, 1968)
6.08.040 Collection in emergencies.
In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, or where in the judgment of the city manager the particular situation justifies such action, the city manager may issue limited or temporary permits to private persons or corporations to perform any of the services covered by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided, that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding fifteen days duration shall be approved by the city council. (Ord. 227 § 4, 1968)
6.08.050 Containers.
It shall be the duty of householders and occupants as hereinabove defined to provide and maintain containers as herein specified for the accumulation and disposal of garbage, combustible and noncombustible rubbish, miscellaneous debris, rubbish and other refuse. All containers or receptacles used for the reception, removal and disposal of garbage, food plant wastes, market greens, market refuse and life refuse, should be watertight, constructed of a material of suitable strength and durability, shall be tight seamed and provided with handles and a tight-fitting lid or cover which lid shall be and remain affixed to the container at such time as the garbage, food plant waste, market greens, market refuse and other refuse are placed within the container. Noncombustible refuse and other like refuse other than garbage may be deposited in well constructed containers having a capacity not in excess of forty gallons and which, when filled, do not exceed in weight of seventy-five pounds. No person shall so fill any container with garbage, rubbish or other refuse above the top of the container to such an extent as to permit the contents of any container to be blown or otherwise strewn about. Paper bags and cardboard containers shall not be used as containers for the disposal of garbage, rubbish and other refuse. If refuse, either from residences or from places of business, is of such nature that it cannot be placed in a container or receptacle, it shall be carefully placed beside the refuse receptacles, in securely tied bundles of not in excess of one cubic yard and weighing not more than seventy-five pounds. Tree limbs, trunks, hedge cuttings, brush and lumber shall not exceed four feet in length. In commercial and business zones, containers shall be:
(1) Metal lined and leak proof, and provided with a metal lined lid; or
(2) Constructed of noncombustible materials and provided with a noncombustible lid; or
(3) Approved by the fire department or its representative as providing adequate protection against fire hazard. (Ord. 277 § 5, 1968)
6.08.060 Placing of containers for collection.
It shall be the duty of householders to set out or place containers for the collection of garbage, combustible and noncombustible rubbish, miscellaneous debris and combined rubbish and/or other refuse as follows:
Any container or receptacle for the purpose of reception and removal of refuse shall be placed at the curb in front of the premises occupied by the person depositing the same, there to be collected by the city agent; provided that the city agent may designate some other location for the placement of containers and receptacles when such placement will expedite collection. (Ord. 227 § 6, 1968)
6.08.070 Time and date of placement.
(a) No person shall place, or cause to be placed, any refuse or container or receptacle for refuse, in any public highway or in any place or in any manner other than hereinabove provided or at any time other than the days established by the city agent for the collection of such refuse on the particular route involved, not earlier than sunset of the day preceding the day designated for collection, and all containers and receptacles shall be removed from the place of collection prior to midnight of the day the containers and receptacles have been emptied.
(b) Each owner, occupant, tenant, or lessee of a house or building used for residential, business or commercial purposes, shall maintain supervision and surveillance over the refuse containers and receptacles on his premises, and shall maintain the same in a sanitary condition. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the city agent, he shall immediately notify the city or its agent and it shall be the duty of the agent to forthwith arrange for the collection and disposal of the refuse.
(c) Junk, salvage, and other refuse which exceeds the limitations hereinabove set out may, in the discretion of the city agent, be scheduled for special collection upon the application of the occupant of the premises. Special collection charges may be assessed by the city agent for this service.
(d) No person, other than the owner thereof, his agents or employees or an officer or employee of this city or any person holding a contract with this city for the collection or disposal of refuse, his agents or employees authorized for such purposes, shall tamper or meddle with any refuse or rubbish container or the contents thereof, or remove the contents of any container or remove any container, from the location where the same shall have been placed by the owner thereof or his agent. (Ord. 227 § 7, 1968)
6.08.080 Special provisions regarding method of disposal.
(a) The removal of wearing apparel, bedding or refuse from homes, hospitals or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the health officer and such refuse shall neither be placed in containers nor receptacles nor left for regular collection and disposal.
(b) Highly inflammable or explosive or radioactive refuse shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the county fire department at the expense of the owner or possessor of the material.
(c) Garbage or other refuse containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle.
(d) No battery acid, poisonous, caustic or toxic material or other substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, garbage or other refuse which is to be collected, removed or disposed of by the city or its agent. Such items shall be removed at the occupant’s expense only after arrangements have been made with the city or its agent for such removal.
(e) Animal wastes, as herein defined, shall not be placed in containers, or receptacles for regular collection and disposal, but shall be removed at the occupant’s expense. (Ord. 227 § 8, 1968)
6.08.090 Other storage prohibited—Private property.
Other than as herein set forth it is unlawful for any person to dump, bury or otherwise dispose of or store or accumulate any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish or refuse on any private or public property within the city, provided, however, that leaves, grass clippings, and the like may be permitted for the purpose of composting under such circumstances and conditions as are established by the city manager. (Ord. 227 § 9, 1968)
6.08.100 Duration of storage.
It is unlawful for any person to store or accumulate any garbage, combustible or noncombustible rubbish, miscellaneous debris or combined rubbish, in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows:
(1) Garbage. Garbage shall not be accumulated or stored for a period of time in excess of:
(A) Commercial zone areas: Forty-eight hours (Sundays and holidays excepted),
(B) All other areas: One week;
(2) Combustible or noncombustible rubbish and miscellaneous debris shall not be stored or accumulated for a period of time in excess of one week;
(3) Combined rubbish shall not be accumulated or stored for a period of time in excess of:
(A) Commercial zone areas: Six days (Sundays and holidays excepted),
(B) All other areas: One week;
(4) The above periods of time which end in any week in which a holiday occurs are extended one additional day. (Ord. 227 § 10, 1968)
6.08.110 Fees.
(a) The accumulation of garbage, rubbish and other refuse constitutes a menace to the health, welfare and safety of inhabitants of the city, and the orderly and regular collection of garbage, rubbish and other refuse is necessary to prevent the spread of disease, the creation of health menace and fire hazards.
(b) The city council finds and determines that the periodic collection of garbage, rubbish and other refuse as provided herein, from all residences and places of business in the city benefits all occupants of property within the city; therefore, all occupants are made liable for the payment to the city of such fees as may from time to time be approved by the city council.
(c) Every occupant of the city shall be billed periodically. Should any person fail, refuse or neglect to pay any such bill within thirty days after the date that the same is rendered, then in that event a penalty equal to ten percent of the amount of the bill may be added to the bill and the sum, together with any costs incurred by the city or by the city agent, may be recovered by either the city or the city agent, as provided by law.
(d) Should the occupant of any property, residential, commercial or industrial fail or refuse to pay in accordance with the provisions hereinabove, the fee assessed for the collection of garbage, rubbish and other refuse, then in that event, the city agent shall advise the city manager of such refusal. The failure to pay may, except for the provisions hereof, result in the noncollection of garbage, rubbish and other refuse, which condition the city council determines and declares to be a threat to the public health, safety and welfare, and which condition is declared to be, if permitted to exist, a public nuisance. In the event that there is nonpayment, then, in that event, the city manager shall direct the city agent to make collection and the expenses and charges of collection, including penalties, may be assessed against the property as provided by law or otherwise collected by the city or its agent. The city agent shall continue to collect garbage, rubbish and other refuse when directed to do so by the city manager even though there be nonpayment.
(e) All costs incurred by the city and paid by the city to the collector or city agent shall be recoverable by the city and charged against the property from which the garbage, rubbish or other refuse was collected. The city manager shall notify all parties concerned of the costs of any such collection by directing a letter to the occupant of the property at the address shown on the latest tax roll. Any such notice shall declare that the city council shall, at its next regular meeting, review and approve as an assessment against the property, the costs incurred in abating the public nuisance. If the total assessment determined and approved by the city council is not paid within ten days after the determination by the council, then in that event, there shall be recorded in the office of the county recorder a statement of the total balance due together with the legal description of the property affected. From and after the date of such recording, the balance due shall be a special assessment against the parcel. The assessment shall be collected at the same time and in the same manner as county taxes are collected, and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment. (Ord. 231 § 2, 1969; Ord. 227 § 11, 1968)
6.08.120 Payment under protest.
Any occupant of any premises, residential, commercial, industrial or otherwise which has been billed for additional refuse collection service for his place of residence or business, and which persons desire to contest the extent or degree or reasonableness of the charge billed, shall make payment of such charges under protest and, at the same time, file a written statement of such protest with the city manager. Within thirty days after date of filing, the city manager shall notify the protesting occupant of his findings and adjudication and adjustment in the matter. The decision of the manager may be appealed by the protesting occupant in which event, such appeal shall be directly to the city council whose determination, in regular meeting, shall be final. (Ord. 227 § 12, 1968)
6.08.130 General rules and regulations.
(a) The city or its agent shall have the authority to make other reasonable rules and regulations concerning individual collection and disposal and relating to the hauling of garbage, rubbish and other refuse over city streets by private persons, or relating to the operation of a transfer station, as shall be found necessary, subject in each instance, to the right of appeal from any order of the city manager or city agent to the city council whose determination and judgment shall be in all respects final.
(b) No persons shall cast, place, sweep or deposit anywhere within the city, any garbage, rubbish or other refuse in such manner that it may be carried or deposited by the elements on any street, sidewalk, alley, sewer, storm drain, parkway, or other public place, or into any occupied premises within the city. (Ord. 227 § 13, 1968)
6.08.140 Specifications and restrictions on collection vehicles.
All vehicles used for garbage, rubbish and/or refuse collection within the city shall be required:
(1) To be completely enclosed with a rigid, nonabsorbent cover while transporting garbage, refuse or rubbish in or through the city. Completely enclosed with a rigid, nonabsorbent cover means that refuse, rubbish or garbage shall not be visible from the street nor shall any of the substance be permitted to leak, spill or become deposited along the public streets;
(2) All trucks or vehicles used in the course of garbage or refuse collection shall be painted the same colors as approved by the city manager and identified by truck numerals. The equipment used shall be kept clean and in good repair at all times. (Ord. 227 § 14, 1968)
6.08.150 Disposal.
Disposal of garbage, rubbish or refuse of all kinds, either by municipal or private contract service, shall be made outside of the city limits, unless otherwise specifically authorized by the city council. (Ord. 227 § 15, 1968)
6.08.160 Transfer of refuse.
Nothing in this chapter shall be construed to prevent the transfer of refuse within city limits from collection to disposal vehicles; provided that such transfer stations should not be conducted in violation of any state law or county or city ordinance. Where the city operates a transfer station, users of the station shall follow the rules set down for the station by the city manager. (Ord. 227 § 16, 1968)
6.08.170 Use of vehicles.
Any persons who desire to operate privately owned garbage, rubbish, or refuse vehicles on the public rights-of-way within the city must in addition to obtaining a business license, obtain a permit for such operation from the city manager. No permit shall be issued where the said vehicles are not water tight and provided with a tight cover. Any such permit may be revoked if the city manager finds that the permittee operated a vehicle in such a manner as allowed or permitted offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. (Ord. 231 § 17, 1969: Ord. 227 § 17, 1968)
6.08.180 Franchise agreements.
The city council may either, through the invitation of bids or otherwise, award a franchise and enter into a contract with a person for collection of garbage, rubbish and other refuse as provided herein, in which event the city council may require the posting of bonds to insure compliance with the conditions of the ordinance codified herein and any contract entered into pursuant hereto. Any such franchise may be required to move all garbage, rubbish and other refuse from all residential, commercial or business premises, as provided herein. Further, any such franchisee may, at the direction of the council, be required to pick up and dispose of all garbage, rubbish and other refuse accumulating within the city at any city owned or city maintained buildings or other locations which pick up and disposal shall be without charge to the city. The council may provide by any franchise agreement or contract, such terms and conditions, regulating the activities of the franchisee as the council may deem necessary or proper. (Ord. 227 § 18, 1968)
6.08.190 Appropriation of funds.
The city council shall, from time to time, by resolution or minute order, appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 227 § 19, 1968)
6.08.200 Revocation of license.
Any person licensed or authorized to collect or transport garbage, rubbish and other refuse within the city shall comply with all of the provisions of this chapter, and the terms and conditions of any contract between the city and any such person. Any failure to observe the conditions or default under the contract shall result in the summary revocation of the franchise or license by the city manager. An appeal may be had to the city council from any such action of the city manager by any affected person in which event the decision of the city council shall be final. (Ord. 227 § 20, 1968)
6.08.210 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1.08.020. (Ord. 227 § 21, 1968)