Chapter 13.34 GARBAGE

A. "Contractor" means any person with whom the city has duly contracted under the terms set out in this chapter to collect and transport garbage and rubbish through, in and from the city, and to dispose of same.

B. "Garbage" means all putrescible or easily decomposable animal or vegetable matter, including all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables.

C. "Garden refuse" means and includes trirrunings from lawns, shrubberies, trees, and flower and vegetable gardens.

D. "Premises" means any dwelling, place of residence, rooming house, hotel, motel, apartment, court, trailer camp, labor camp, club, restaurant, tavern, bar, boardinghouse, eating place, shop and place of business, or any other housing accorrunodation, building, grounds, or location where garbage or rubbish is or may be produced or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto.

E. "Rubbish" means all matters and materials not defined as garbage but which are rejected by the owners or producers thereof as useless, and includes crockery, bottles, tin cans, metal vessels or containers, pasteboard boxes or cartons, wooden boxes or containers, rags, paper, straw, sawdust, packing materials, ashes, metals and boards, but includes "garden refuse," as that term is defined herein. (Ord. 238 §3(part), 1981; Ord. 147 §l, 1975).

13.34.020 Depositing unlawful--Where.

It is unlawful for any person to place, deposit, keep, or bury any rubbish or garbage on, in, or under any premises, except in containers or as otherwise hereinafter provided. It is unlawful for any person to deposit any garbage in any city sewer or plumbing fixture or pipe connected thereto, except through a mechanical device which shreds and grinds garbage. (Ord. 238 §3(part), 1981; Ord. 147 §2, 1975).

13.34.030 Receptacles--Required.

It is the duty of every occupant or person in possession, charge or control of any premises, and every other person having garbage and rubbish in the city, to provide or cause to be provided, and at all times keep, or cause to be kept, in a sanitary condition, suitable and sufficient watertight cans or receptacles adequate to contain without leakage or escape of odors the amount of garbage and rubbish ordinarily accumulated at such place during the intervals of collection provided hereunder. (Ord. 238 §3(part), 1981; Ord. 147 §3, 1975).

13.34.040 Receptacles--Specifications.

Each garbage and rubbish receptacle shall be constructed of galvanized iron or heavy plastic and shall have a tightly fitting cover, suitable bales or handles on the outside, and a capacity of not less than fifteen gallons nor more than thirty-two gallons, provided, however, that garbage and rubbish receptacles for corrunercial or industrial establishments may be of such specifications as shall meet with the approval of the city official assigned to supervise the work of garbage collection and disposal, or the contractor, if the work is being done under contract with the city. All persons occupying multiple dwellings must plainly mark their receptacles so that the ownership thereof will be known. (Ord. 238 §3(part), 1981; Ord. 147 §4, 1975).

13.34.050 Receptacles--Too small.

Items of rubbish which are too bulky to fit into the prescribed receptacle, such as refrigerators, sofas, etc., shall be stored within a building on the premises until special collection service is provided. (Ord. 238 §3(part), 1981; Ord. 147 §5, 1975).

13.34.060 Garden refuse.

Garden refuse and similar waste material (other than grass clippings, leaves and twigs) shall be securely tied in bundles not over four feet long and twelve inches across, weighing less than fifty pounds. Grass clippings, leaves and twigs shall be stored in securely tied plastic bags or in cardboard boxes or similar receptacles secured tightly with tape or twine. (Ord. 238 §3(part), 1981: Ord. 146 §6, 1975).

13.34.070 Accumulation unlawful.

It is unlawful for the occupant or person possession, charge or control of any place or premises to allow, cause, or permit the accumulation of any garbage or rubbish in, on, or under any premises at any time which is or may become a menace to health and sanitation or a fire hazard. It is unlawful for the occupant or person in possession, charge, or control of any place or premises over to cause, suffer, permit or allow any garbage or rubbish to remain in, on, or under such premises for a period in excess of seven days. (Ord. 238 §3(part), 1981; Ord. 147 §7, 1975).

13.34.080 Garbage or manure--Burning prohibited.

No garbage or manure shall be burned in the open air within the corporate limits of the city. (Ord. 238 §3(part), 1981; Ord. 147 §8, 1975).

13.34.090 Rubbish--Burning restrictions.

No rubbish shall be burned in, on, upon, or under any business, commercial or industrial establishment or premises, nor upon any street, gutter, alley or highway, and no rubbish shall be burned anywhere within the city which shall cause or create dense or offensive smoke or odor or be a manace to health or a fire hazard. (Ord. 238 §3(part), 1981; Ord. 147 §9, 1975).

13.34.100 Unlawful depositing.

It is unlawful for any person to place or deposit any garbage, rubbish, cans, dead animals, offensive animal or vegetable matter or waste matter upon the surface of the ground on any premises, lot or building, or in any water or excavation, or in any public street or public place, except at such places or dumps as may be designated by resolution of the city council. It is unlawful for any person having control thereof to permit any of the foregoing materials to remain in places wherein such placing or depositing is prohibited by this section. (Ord. 238 §3(part), 1981; Ord. 147 §10, 1975).

13.34.110 Collection.

The city shall provide for the collection and removal by a contractor of all garbage and rubbish within the city not less often than once every seven days, and the contractor shall collect and remove all garbage and rubbish from all places or premises within the city as provided herein. (Ord. 238 §3(part), 1981; Ord. 147 §11, 1975).

13.34.120 Receptacles--Location.

Garbage and rubbish receptacles shall be located in such place on the premises as to be readily accessible for removal and emptying the same, but shall not be placed within the limits of any street or other public place in the city or in such a place or manner as to constitute a nuisance. (Ord. 238 §3(part), 1981; Ord. 147 §12, 1975).

13.34.130 Garbage removal--Restricted to city or contractor--Exceptions.

It is unlawful for any person to collect or remove, or to cause or permit to be collected or removed, any garbage within the city, or to tranport or cause or permit to be transported, any garbage on or along any public street or alley or other public place in the city; provided, however, that the provisions of Sections 13.34.130 through 13.34.150 shall not apply to any person in the employ of the city who is assigned by the city to the work of garbage disposal, or to any person with whom the city has entered into or may hereafter enter into a contract for the collection, transportation and disposal of garbage or to any employee of such contractor during such time as such contract is in force. (Ord. 238 §3(part), 1981; Ord. 147 §13 (a), 1975).

13.34.140 Rubbish removal--Restricted to city or contractor--Exceptions.

It is unlawful for any person other than an employee of the city to engage in the collection, removal or disposal of rubbish in the city; provided, however, that the provisions of Sections 13.34.130 through 13.34.150 shall not preclude the occupant or person in possession, charge or control of the premises upon which such rubbish is accumulated from removing his own rubbish to a public dump. (Ord. 238 §3(part), 1981; Ord. 147 §13(b), 1975).

13.34.150 Removal--Interference unlawful.

It is unlawful for any person in any manner to interfere with the collection, removal or disposal of garbage or rubbish by the city or by a contractor working under contract with the city. (Ord. 238 §3(part), 1981; Ord. 147 §13 (c), 1975).

13.34.160 Removal--Every seven days.

Garbage and rubbish shall be removed not less than once every seven days. (Ord. 238 §3(part), 1981; Ord. 147 §14, 1975).

13.34.170 Receptacles--Location.

Garbage and rubbish receptacles and garden refuse bags or containers shall be located in such place on the premises as to be readily accessible for removal and emptying the same, but shall not be placed within the limits of any street or other public place in the city or in such a place or manner as to constitute a nuisance. (Ord. 238 §3(part), 1981; Ord. 147 §15, 1975).

13.34.180 Occupied premises--Service required.

All occupied premises within the city shall have garbage and rubbish service as provided by this chapter. (Ord. 238 §3(part), 1981; Ord. 147 §16, 1975).

13.34.190 Collection rates, deposits and charges.

The rates and deposits for the collection of garbage, rubbish and garden refuse in the city shall be those established by resolution of the city council and, if work is being done by a contractor, these rates shall reflect the rate established by contract between the city and the contractor. The amount of deposit shall be at least twice the basic rate for the service provided. No interest will be paid on the guarantee deposits. Fees for service not covered by a contract between the contractor and the city shall be established by the contractor and disagreements with respect thereto shall be resolved by the city council. (Ord. 238 §3(part), 1981; Ord. 208 §l, 1978: Ord. 147 §17, 1975).

13.34.200 Billing--Inclusion in utility bills.

Fees for collection of garbage, rubbish and garden refuse shall be billed and shall be payable on a monthly basis. Such fees shall be collected by adding the same to city utility bills whenever it is possible and practicable to do so. (Ord. 238 §3 (part), 1981; Ord. 147 §18, 1975).

13.34.210 Liability for payment:

The city council finds that the periodic collection of garbage, rubbish and garden refuse benefits the occupants of all places and premises in the city and therefore all such occupants are made liable for the collection fees specified in this chapter. In the case of premises containing more than one dwelling unit or place of business, or both, such fees may be billed to the landlord, who shall collect such fees levied against the occupants of the dwelling units or places of business located on the premises and shall transmit the amount so collected to the city. In the event the landlord fails to collect such fees from any such occupant and remit the same to the city, the landlord is liable to the city for the payment of such fees. Fees imposed by this chapter shall be a civil debt to the city from the person or persons who are liable for payment of the same. (Ord. 238 §3(part), 1981; Ord. 147 §19, 1975).

13.34.220 Collection--Rules and regulations.

The council may make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expedient, economical and efficient collection and removal of garbage and rubbish by the contractor, but in no case shall collection services less often than once every seven days be permitted. The time for collections shall be between the hours of six a.m. and six p.m. in the residential district and before ten a.m. in commercial and industrial districts. (Ord. 238 §3(part), 1981; Ord. 147 §20, 1975).

13.34.225 Collection--Mandatory recycling.

In accordance with Ordinance 07, Article 04.01, Mandatory Recycling, of the Salinas Valley Solid Waste Authority Code, effective February 27, 2010, as the same may be amended from time to time, all single-family residences, multifamily dwellings, and all commercial, industrial, and other nonresidential uses, and special events within the city limits generating solid waste shall place recyclables, green waste and food waste materials in separate collection containers, carts or bins so the recyclables can be collected and taken to a recycling facility for processing by the exclusive franchisee. Only recyclable material shall be placed in the collection containers, carts or bins designated for recyclables. (Ord. 508 §1, 2015).

13.34.230 Garbage--Transportation.

If garbage service is provided by a contractor, the contractor shall remove garbage or carry it through the streets of the city only in vehicles having metallic or metal-lined bed, with proper covers, to protect against the garbage being offensive. The garbage must be protected from the wind and rain and be loaded in such a manner that none of it shall drop or spill upon the ground. Such conveyance shall be so constructed as to be absolutely dustproof and so arranged as to not permit dust or other matter to sift through or fall upon said streets and alleys. Such vehicles must comply with all health and sanitary laws of the city and of the state. (Ord. 238 §3(part), 1981; Ord. 147 §21(a), 1975).

13.34.240 Rubbish and refuse--Transportation.

It is unlawful for any rubbish or other refuse to be removed and carried on or along the streets and alleys of the city, except that the same be carried, conveyed or hauled in a conveyance so constructed as to prevent dust or other matter from sifting through or falling upon the streets and alleys. The contents of such conveyance must be further protected as to prevent the same from being blown upon the streets, alleys and adjacent lands. (Ord. 238 §3(part), 1881; Ord. 147 §21(b), 1975).

13.34.250 Contract--Term--Method of award.

For the collection and disposal of garbage and rubbish, a contract for a period of not to exceed ten years may be entered into by the city in accordance with the terms and conditions of this chapter. Such contract may be awarded on the basis of negotiations between the city and the contractor, or it may be awarded after obtaining bids, as the council in its discretion may decide. In the event the council elects to obtain bids for such work, a notice calling for sealed proposals therefor shall be published in the Greenfield News, a newspaper of general circulation printed, published and circulated in the city, which publication shall be at least ten (10) days prior to the day fixed for opening bids. A contract shall be awarded to the responsible bidder who bids the lowest rate therefor to the people of the city and the highest consideration to the city, subject, however, to the right of the council to reject any and all bids and to readvertise for bids or negotiate a contract therefor. (Ord. 238 §3, 1981: Ord. 206 §1, 1978: Ord. 147 §22, 1975)

13.34.260 Contract--Contents:

Such contract referred to in section 13.34.250 of this chapter:

A. Shall contain a schedule of monthly rates;

B. Shall provide that the contractor shall collect and dispose of the garbage and rubbish in the city in the manner this chapter provides. Such contractor may be required to furnish a cash or surety bond to the city in the sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contractor shall have the sole and exclusive right to collect all garbage and rubbish in the city and transport the same through the public ways and streets of the city and to dispose of same; and it is unlawful for any person other than the contractor to collect, remove or dispose of garbage and rubbish in the city;

C. May further provide that the contractor shall be required to dispose of all such garbage and rubbish so collected at such disposal sites outside the city as the contractor may arrange for;

D. Shall require that said contractor procure for the term of the contract workers’ compensation insurance in accordance with the provisions of the Labor Code of the state;

E. Shall require that such contractor carry public liability insurance with policy limits of not less than five hundred thousand dollars ($500,000.00) for the death of or injury to one person, and one million dollars ($1,000,000.00) for the death of or injury to more than one person arising out of a single occurrence, and property damage insurance with policy limits of not less than fifty thousand dollars ($50,000.00) upon each of the trucks or other vehicles used by him in carrying out the work called for in the contract. Such insurance shall cover both the city and the contractor. (Ord. 238 §3, 1981: Ord. 147 §22, 1975)

13.34.270 Unauthorized Collection Of Recyclables And Other Items For Collection:

A. It shall be unlawful for any person, other than the city or its authorized franchisee, to remove or take any items left for collection, including, but not limited to, recyclable materials, placed in containers for collection.

B. Violation of the provisions of this section shall constitute a misdemeanor, punishable by imprisonment in the county jail for a term not to exceed (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense. Notwithstanding the foregoing, the city shall retain the discretion to prosecute violations of this chapter as infractions. (Ord. 469 §2, 2007)

See Health & S.C. §4250.