Chapter 6.15
GARBAGE
Sections:
6.15.020 Littering or dumping of garbage prohibited.
6.15.030 Removal of garbage required.
6.15.090 Garbage receptacle required.
6.15.110 Construction site to be maintained.
6.15.120 Removal by garbage collector – Private residences.
6.15.130 Removal by garbage collector – Hotel and places of business.
6.15.140 Receptacles to be kept sanitary.
6.15.155 Dumpster and roll-off bin restriction – Franchise required – Enforcement.
6.15.160 Regular removal of garbage.
6.15.170 Vehicles for removal of garbage.
6.15.180 Disputes as to location of receptacles.
6.15.200 Collection of billings.
6.15.010 Definitions.
A. For the purpose of this chapter, the word “garbage” shall be held to include kitchen and table refuse and offal, swill and also every accumulation of animal and vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables.
B. The term “waste matter” includes and is held to mean crockery, bottles, broken brick, tin vessels, pasteboard boxes, berry boxes, paper, straw, sawdust packing material shavings, boxes, natural soil, street sweepings, ashes, earth and stone, and all noncombustible waste matter. The term “waste matter” also includes litter and all other materials which are rejected by the owners or producers thereof as offensive or useless and which, by their presence and accumulation may injuriously affect the health, comfort or safety of the city by increasing disease or hazard by fire, together with all matter and materials which cannot be defined as refuse or garbage, but which are rejected by the owners or producers thereof as useless. (Ord. 8, §§ 5, 6, Amended by Ord. 417, § 1; 1976 Code § 6-3.01; 1966 Code § 4500).
6.15.020 Littering or dumping of garbage prohibited.
It is unlawful to litter, throw, place, or dump any garbage or waste matter upon public or private property in the city of Millbrae.
Notwithstanding the foregoing, the city may establish rules and regulations from time to time governing the placement or deposit of certain types of garbage or waste matter on public or private property within the city. (Ord. 8, § 1, Amended by Ord. 763, § 1; 1976 Code § 6-3.02; 1966 Code § 4501).
6.15.030 Removal of garbage required.
No person owning or occupying any building, lot or premises in any platted or subdivided area in the city shall suffer, allow or permit to collect and remain upon such lot or premises, any garbage or waste matter and no person shall dump upon any lot or premises in any platted or subdivided area in the city or any public street, avenue, alley or highway in the city, any waste matter in such a manner as to make a rubbish heap on said lot or premises, and allow or permit the same to remain there; provided that this provision shall not be construed as interfering with building under a housing permit or with wood neatly piled for kitchen or household use. (Ord. 8, § 2; 1976 Code § 6-3.03; 1966 Code § 4502).
6.15.040 Storerooms.
No person owning or occupying or in charge of any store or storeroom in the city shall deposit or throw loose or waste paper or loose or waste straw or hay or excelsior or rubbish of any kind in the rear of or about such store or storeroom and suffer the same to remain there for more than forty-eight hours. (Ord. 8, § 3; 1976 Code § 6-3.04; 1966 Code § 4503).
6.15.050 Construction site.
It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any waste matter or litter on the site before, during or after completion of the construction or demolition project. It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of waste matter or litter and to make appropriate arrangements for the collection thereof or for transport by himself to an authorized facility for final disposition. The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility. (Ord. 417, § 2; 1976 Code § 6-3.04(1)).
6.15.060 Enforcement.
The building department, fire department, parks and recreation department, police department and public works department are directed and required to cause all persons failing to comply with the provisions of MMC 6.15.010 through 6.15.050 to remove immediately from their lots or premises all such rubbish or matter as is described in said sections. (Ord. 8, § 4, Amended by Ord. 417, § 3 and Ord. 600, § 3; 1976 Code § 6-3.05; 1966 Code § 4504).
6.15.070 Fertilizers.
No portion of this chapter shall be construed to prohibit the placing of manure or other fertilizer on any land for the purpose of enriching the soil. (Ord. 8, § 7; 1976 Code § 6-3.06; 1966 Code § 4505).
6.15.080 Burning prohibited.
No garbage or manure, or manure and straw shall be burned upon any street, alley, park, highway or public place or in the open air in any platted or subdivided area within the limits of the city. (Ord. 8, § 8; 1976 Code § 6-3.07; 1966 Code § 4506).
6.15.090 Garbage receptacle required.
It shall be the duty of every tenant, lessee or occupant of any private dwelling house, flat or apartment in the city to provide within such dwelling house or building, flat or apartment, or on the lot or premises upon which such building, flat or apartment is situated, in a suitable place, a tin or iron garbage receptacle, with cover, for receiving and holding all the garbage produced, created or accumulated upon such premises between the times for the collection of garbage, as hereinafter provided. All such receptacles shall be at all times located in such places as may be readily accessible for removing or emptying the same, but shall not be placed within the limits of any street in the city, or in any place so as to constitute a nuisance. (Ord. 8, § 9; 1976 Code § 6-3.08; 1966 Code § 4507).
6.15.100 Use of receptacle.
It shall be the duty of each tenant, occupant or lessee to place in such receptacle all garbage created, produced or accumulated upon the premises occupied by him between the times established in this chapter for the removal of the same.
Approved garbage receptacles shall not be placed in front of a residence or business more than twelve hours prior to time of collection of said garbage and must be removed no later than twelve hours after time of said collection. Approved garbage receptacles may not be left in front of property on a continuous basis unless receptacle is of a type for continuous use and authorized under state law or regulations or rules and regulations of the San Mateo County Department of Health. (Ord. 8, § 10, Amended by Ord. 417, § 4; 1976 Code § 6-3.09; 1966 Code § 4508).
6.15.110 Construction site to be maintained.
Any property owner or person in charge of a construction site is required to furnish covered litter containers for construction litter. All waste matter or litter from construction and related activities shall be picked up and placed in said covered containers at the end of each working day. Waste matter or litter receptacles of a sufficient number must be located on said construction site to receive personal litter or waste matter generated by the employees, workers, invitees or other persons using said premises. (Ord. 417, § 5; 1976 Code § 6-3.09(1)).
6.15.120 Removal by garbage collector – Private residences.
All garbage accumulated at private dwelling houses or residences shall be removed by the garbage collector once each week. (Ord. 8, § 11; 1976 Code § 6-3.10; 1966 Code § 4509).
6.15.130 Removal by garbage collector – Hotel and places of business.
All garbage accumulated at hotels, boardinghouses, restaurants, or business houses, shall be removed by the garbage collector twice each week. (Ord. 8, § 12; 1976 Code § 6-3.11; 1966 Code § 4510).
6.15.140 Receptacles to be kept sanitary.
All garbage cans or receptacles shall be kept clean and sanitary by the owner and person using the same, and covered with a close-fitting cover, except when garbage is deposited in or removed therefrom. (Ord. 8, § 13; 1976 Code § 6-3.12; 1966 Code § 4511).
6.15.150 Permits, franchises.
It is unlawful for any person, firm or corporation to engage in or carry on the business of hauling or removing garbage or waste matter in the city without first obtaining a permit from the city council to engage in or carry on said garbage business. If the city council of the city finds and determines that the best interest of the city will best be served by the award or granting of an exclusive contract or right to collect and remove garbage in the city to any person or persons, company or companies, or others, and has awarded or proposes to award such exclusive contract, then, in that event, the city council may deny any application by any person, firm or corporation for a permit to engage in or carry on the business of hauling or removing garbage or waste matter in the city upon the ground that said exclusive contract has been or is proposed to be awarded. (Ord. 8, § 14, Amended by Ord. 139, § 1; 1976 Code § 6-3.13; 1966 Code § 4512).
6.15.155 Dumpster and roll-off bin restriction – Franchise required – Enforcement.
A. Except as expressly authorized in this chapter, if the city council awards or grants an exclusive garbage or waste matter hauling or removal contract, it shall be unlawful for any person, firm or corporation not holding such contract to engage in or carry on the business of providing any garbage or waste matter hauling services in the city that are covered by the exclusive contract. It shall further be unlawful for any person, firm or corporation to place or use in the city any roll-off bin or box, dumpster, debris bin or box, or other container for the collection of garbage or waste matter (hereinafter dumpster or roll-off bin) unless the dumpster or roll-off bin is provided by the holder of the exclusive contract. Any such dumpster or roll-off bin provided other than by the holder of the exclusive contract shall be deemed illegal and subject to removal pursuant to these provisions. This section does not apply to the removal of demolition and construction debris by a licensed demolition construction contractor using its own employees and equipment as an incidental part of a comprehensive service offered by that contractor rather than as a hauling service, or other exceptions specified in the exclusive contract.
B. The city manager or his/her designee, which may include the awardee or grantee of an exclusive garbage or waste matter hauling or removing contract, may notify, in writing on a conspicuous place on any unlawfully placed dumpster or roll-off bin, the owner of the dumpster or roll-off bin that it is suspected of violating this section and that the dumpster or roll-off bin may be impounded if it is not permanently removed by the time set forth in the notice. The dumpster or roll-off bin shall be moved no less than twenty-four hours after posting of the notice.
C. Any person or persons, company or companies that violates or violate this section shall be liable to the city for all fines and charges levied in connection with, and the actual costs to the city of, the collection, transportation, storage and handling of an unlawfully placed dumpster or roll-off bin by the city or a designee of the city. Actual costs to the city include the cost of the city’s pick up and delivery of the illegal box to the city’s storage yard, staff costs for investigating and processing the illegal box, and costs for storing the illegal box. If the identity of the owner of the dumpster or roll-off bin is known or becomes known to the city manager or his/her designee, the city manager or his/her designee shall promptly notify the owner by mail of the impounding of the dumpster or roll-off bin and instruct the owner how to claim the stored property. Any impounded dumpster or roll-off bin shall be retrieved by the owner or his/her representative immediately after the applicable charges have been paid. If the property is not claimed within ninety days of the mailing of such notice, the dumpster or roll-off bin and its contents shall be deemed abandoned property and may be disposed of accordingly. (Ord. 735, § 1).
6.15.160 Regular removal of garbage.
A garbage collector shall call regularly, as provided in this chapter, at all dwellings, residences, apartments, flats, boardinghouses, restaurants, hotels, and business houses or other places where garbage is produced or created in the city, and remove such garbage therefrom as promptly as possible. All garbage shall be removed in such manner as not to be needlessly offensive or filthy in relation to any person, place, building, premises, or highways. (Ord. 8, § 16; 1976 Code § 6-3.14; 1966 Code § 4514).
6.15.170 Vehicles for removal of garbage.
It is unlawful for any person to use any vehicle for the conveyance of “garbage,” as defined in this chapter, unless such vehicle is staunch, tight and closely covered with a wooden or metal cover, so as to wholly prevent leakage or smell. (Ord. 8, § 17; 1976 Code § 6-3.15; 1966 Code § 4515).
6.15.180 Disputes as to location of receptacles.
In all cases of disputes or complaints arising from reference to the place where the receptacle containing garbage shall be put, while awaiting removal by the garbage collectors, the city manager of the city shall forthwith designate the place and his decision shall be final. (Ord. 8, § 18, Amended by Ord. 347, § 1 and Ord. 698, § 1; 1976 Code § 6-3.16; 1966 Code § 4516).
6.15.190 Service charges.
The city council reserves the authority and right to establish, by resolution, a schedule of maximum rates to be charged any persons for the collecting and hauling of garbage and waste matter within the city and such schedule, when adopted, shall become and thereafter be a part of this chapter. A copy of any schedule so established by resolution of the city council shall, at all times, be kept on file in the office of the city clerk of the city and shall be open to public inspection. (Ord. 8, § 19, Amended by Ord. 139, § 2; Ord. 275, § 1; Ord. 280, § 1; Ord. 311, § 1; Ord. 347, § 2; Ord. 407, § 1; Ord. 422, § 1; Ord. 434, § 1; Ord. 449, § 1 and Ord. 460, § 1; 1976 Code § 6-3.17; 1966 Code § 4517).
6.15.200 Collection of billings.
Any person or firm to whom the city council shall grant a contract for the collection, hauling or removing of garbage or waste matter in the city shall be designated the “official garbage collector” of the city. The city council may from time to time make such arrangements as may seem proper with the official scavenger and garbage collector for the collection of monthly garbage bills. (Ord. 479, § 2; 1976 Code § 6-3.18).