Chapter 6.12 GARBAGE REMOVAL

(2) “Detachable container or bin” means a metal container, watertight and with a cover, designed for direct dumping into a collection vehicle, and constructed in standard sizes with a minimum of one cubic yard capacity, as approved by the director of public works.

(3) “Director of public works” means the director of public works of the city of Patterson or his duly authorized agent.

(4) “Disposal site” means an area or location authorized for use for the disposal of refuse.

(5) “Drop box container” means a metal box designed for loading upon a vehicle for transportation to the disposal area, with a minimum of twenty cubic yards capacity, of a design approved by the director of public works.

(6) “Garbage” or “refuse,” as used in the chapter, means and includes table refuse and offal, swill and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of fish, fowl, fruits and other foods of whatsoever character and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared for or intended to be used as foods or has resulted from the preparation of foods.

(7) “Garbage collection” means an agent or employee of the city or any person, or the agents, assignees or employees thereof, to whom a license shall have been issued under the terms of this chapter for the collection of garbage as hereinafter set forth.

(8) “Greenwaste” means grass clippings, tree or shrub trimmings and other waste plant material accumulated as a result of noncommercial gardening. Also, leaves, chips, and trimmings from lawn and flower gardens and flower boxes.

(9) “Health officer” means the health officer of the county health department or his duly authorized agent.

(10) “Industrial garbage” means garbage produced by any person, firm or corporation engaged in the business of processing or manufacturing agricultural products, animals, poultry, goods, wares or other products or materials, who processes or manufactures the same for the purpose of wholesale in processed or manufactured form. “Industrial garbage” also means garbage produced by any person, firm or corporation engaged in the business of building, construction and/or building demolition.

(11) “Place” or “premises” means every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store, manufacturing, processing or assembling shop or plant, warehouse, and every other property or building where any person resides or any business or activity is carried on or conducted within the city.

(12) “Refuse” means both garbage and rubbish as defined in this section.

(13) “Rubbish” means and includes tin cans, bottles, woodenware, paper, pasteboard, glass, rags, straw, boots, shoes, hats, sawdust, packing material, broken crockery, broken glass, broken bottles and ashes, cinders, shells, metals and other waste products.

(14) “Standard automated container” means a sixty-gallon or ninety-gallon plastic watertight toter to be used only for garbage collection.

(15) “Standard automated greenwaste container” means a ninety-gallon plastic watertight container to be used only for greenwaste.

(16) “Waste container” shall mean any bin, can, receptacle, or any other type of receptacle or depository designated by the city or a city-designated waste removal company for the deposit, storage and collection of refuse. A container may also be described as an automatic lift container cart, drop box, roll-off, compactor container, standard automated container, drop box container or detachable container or bin. (Ord. 787 § 1 (part), 2016: Ord. 534 § 1, 1995; Ord. 432 § 1, 1988).

6.12.020 Collection by city—Authority.

Garbage and refuse in the city shall be collected and disposed of by the city. The garbage collector may be an employee of the city, a private contractor with whom the city may contract for such services or a person who has been granted a license by the city to do so, or is the employee of a person who has been so licensed. The city council shall have the power to negotiate such a contract at its discretion. The city council shall have the power by resolution to set up such regulations and rules as it shall deem necessary or convenient governing the method of carrying on such service, and the establishing of suitable schedules for collections. (Ord. 432 § 2, 1988).

6.12.025 Mandatory service.

It shall be mandatory for every occupied property within the city to receive collection and disposal service and billing therefor. (Ord. 706 (part), 2009).

6.12.030 Depositing or burying of garbage prohibited—Exceptions.

No person shall throw, drop, leave, dump, bury, place, or otherwise dispose of any garbage upon any property within the city limits of the city, either with or without intent to remove the same from such property; or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof or any public place or public property within the city limits of the city; provided, however, that this section should not apply to any land used by the city for a disposal area. (Ord. 432 § 3, 1988).

6.12.040 Accumulation of garbage or rubbish.

Every person shall keep the premises occupied by them and every owner of any unoccupied premises or property and every owner of the three-family dwellings, apartment houses and multiple-dwelling buildings shall keep the same in a clean and sanitary condition, and shall not cause, suffer, or permit any garbage to accumulate on such premises or property for a period in excess of one calendar week; or cause, suffer, or permit any rubbish to accumulate on their premises for a period in excess of one calendar week; after one calendar week, rubbish will be picked up and the costs thereof charged to the property owner adjacent to the rubbish location; provided, however, that this provision shall not be construed to prohibit any person from keeping building materials on any premises or property during the period of active construction, reconstruction, or repair of a building or structure thereon under a current valid building permit; nor the keeping of wood, neatly piled, upon such premises for household use. (Ord. 432 § 4, 1988).

6.12.050 Containers—Required— Maintenance and specifications.

It is unlawful for any person occupying any premises within the city, or for any person owning, controlling or maintaining any premises within the city where garbage is created, produced or accumulated, to fail or neglect to provide a sufficient number of standard containers for receiving and holding without leakage or escape of odors, all garbage produced, created or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such garbage in such containers, and all such containers shall be at all times kept in a good, usable and sanitary condition. All customers shall be provided their first container at no charge. If that container is vandalized or destroyed, the customer shall be required to reimburse the city for the cost of the replacement of the standard automated container, unless it was damaged or destroyed by the city during routine collection. Containers shall be kept continuously closed, except when garbage is being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents and animals to the containers thereof. Garbage and rubbish may be deposited in the same container. (Ord. 534 § 2, 1995: Ord. 432 § 5, 1988).

6.12.060 Containers—Number required.

A. All places or premises within the city shall have sufficient containers to hold all garbage generated, produced or accumulated on the place or premises between collection periods. In determining the sufficiency of the number of containers required, the following minimum standards shall apply:

1. One-family and two-family dwellings: one standard container per dwelling unit;

2. Three-family—dwelling, apartment houses, and multiple-dwelling buildings: one standard container per dwelling unit, unless a lesser number is authorized by the director of public works;

3. Motels, hotels, trailer park, or mobile homes park: one standard container per unit or space, unless a lesser number is authorized by the director of public works;

4. Commercial place or premises: not less than one standard container.

B. Detachable containers or bins may be used by customers with multiple-dwelling units and by commercial and industrial customers. Such containers or bins shall be located at the customer’s curb or alley property line at a place specified by the city, and shall be placed to be readily accessible for dumping, shall be screened so they cannot be seen from the street, and shall not constitute an obstruction or nuisance. Nothing herein shall be construed to prohibit the joint use of a detachable container or bin by two or more customers upon approval of the director of public works. (Ord. 432 § 7, 1988).

6.12.065 Collecting, transporting, and disposal of refuse/solid waste by unauthorized persons.

It shall be unlawful for any person, other than the duly authorized refuse/solid waste collector of the city, to gather, collect, transport, burn, bury, or dispose of any refuse/solid waste or which has been placed for collection by the city. (Ord. 706 (part), 2009).

6.12.070 Containers—Prohibited locations.

Garbage, rubbish and industrial garbage containers shall not be placed or allowed to remain in or on any street or alley right-of-way, unless authorized by the director of public works. (Ord. 432 § 8, 1988).

6.12.075 Collection or searching by unauthorized persons.

A. From time of placement of the standard automated container for refuse, a detachable container or bin or a drop box container, at the curb or in other designated locations for collection in accordance with the terms hereof, contents shall become and be the property of the city or its authorized contractor. It shall be a violation of this chapter for any person unauthorized by the city to collect, search or pick up or cause to be collected or picked up any such items thereof.

B. It is unlawful for any person to open, look into, search through, rummage, tamper with, move, tip, deface, scavenge, remove or cause to be collected or picked up any items placed in any waste container. This provision shall not apply to the following persons:

1. The customer receiving the waste collection service or who is billed the rates, fees, and charges for the waste collection service, or a person with the customer’s consent;

2. Any employee, agent, or contractor of a city designated waste removal company that owns or maintains the waste container in the performance of their duties; or

3. Any employee, agent, or contractor of any city, county, state or federal government agency in the performance of their duties.

C. Violations of this section are a public nuisance.

D. Any and each violation of this section shall constitute a violation of this chapter subject to the penalties provided in Section 6.12.240. (Ord. 787 § 1 (part), 2016: Ord. 706 (part), 2009).

6.12.080 Containers—Placement.

A. Customers whose property is adjacent to an alleyway shall be responsible for placing the containers within three feet of the alley property line on collection days, no earlier than twenty-four hours prior to the day of collection, and shall remove the containers not later than six p.m. on the day of collection. Containers may be left within three feet of the alley property line if same are secured so that they may not be tipped by stray animals or from any cause and are easily accessible to the collector without the necessity to enter a fenced area. All structures built to secure containers must provide easy removal without the necessity of lifting.

B. Customers whose property is not adjacent to an alleyway shall be responsible for placing the containers within three feet of the curbline no earlier than twenty-four hours prior to the day of collection and shall remove the containers not later than six p.m. on the day of collection from the curbline. Containers shall not be left in the public right-of-way but shall be moved back against the fence. (Ord. 540, 1996; Ord. 432 § 9, 1988).

6.12.090 Containers—Greenwaste.

Greenwaste may only be disposed of in standard automated greenwaste containers. Garbage shall not be deposited in any such greenwaste container. (Ord. 534 § 3, 1995: Ord. 432 § 6, 1988).

6.12.100 Contagious disease refuse removal.

The removal of wearing apparel, bedding or other 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 left for regular collection and disposal. (Ord. 432 § 10, 1988).

6.12.110 Explosives or radioactive materials—Special arrangements required for disposal.

No person shall deposit in any container used for garbage, any explosives, highly flammable or radioactive materials, without having first made special arrangements therefor with the city. A violation of this section shall be punishable as a misdemeanor. (Ord. 432 § 11, 1988).

6.12.120 Rates and charges for collection.

Each year in connection with the adoption of the budget for the next succeeding fiscal year, the city council shall review the rates, fees and charges established in this section and if it is determined that an increase is needed, the city council shall adopt such increase for garbage service(s) by resolution. (Ord. 706 (part), 2009: Ord. 601 (part), 1999; Ord. 534 § 4, 1995: Ord. 432 § 12, 1988; Ord. 609, 2000).

6.12.130 Senior Citizen Discount.

A. The monthly garbage and refuse collection rate per housing unit to be charged to all residential customers who shall qualify as senior citizens shall be established by resolution of the city council and 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.

B. The city council, by resolution, shall define those customers who shall qualify as senior citizens and thus be entitled to such discount. (Ord. 706 (part), 2009: Ord. 601 (part), 1999; Ord. 534 § 5, 1995: Ord. 432 § 13, 1988).

6.12.140 Unoccupied premises.

No person shall be entitled to any reduction during any time any premises are unoccupied for any period of time less than a full calendar month. If any premises are to remain unoccupied for one or more full calendar months, and no garbage or refuse is accumulated therein during such vacancy, no charge shall be made during the time, provided the city collector is notified of such contemplated vacancy, on or before the last day of the preceding month. (Ord. 432 § 17, 1988).

6.12.150 Premises classifications and rates—Council’s authority to change.

The city council shall have the power to change such classifications and to establish other or different classifications and shall have the power to change the amounts charged for collection. The city council states that it is the intent of this chapter that sufficient amounts shall be charged for the collection and disposal of garbage and refuse to pay the cost of such service plus the accumulation of suitable sums for retirement of the cost of equipment and setting of sums to provide for depreciation thereof. (Ord. 534 § 6, 1995: Ord. 432 § 14, 1988).

6.12.160 City not responsible for collection when.

With respect to business houses producing large quantities of garbage, rubbish and other waste materials during all or limited portions of the year, such factories, canneries, fruit and vegetable shipping firms and other lines of business, the city shall not be responsible for removing the garbage and/or refuse so produced, and any person, firm or corporation producing the garbage or refuse shall remove or cause to be removed the same and dispose of same, provided that the method and the time of removing the same shall be approved by the city. Nothing contained in this section shall be construed as prohibiting the producer of such garbage or refuse from negotiating for such removal by the city garbage collector or persons licensed by the city and the price to be paid therefor. (Ord. 432 § 15, 1988).

6.12.170 Collection—Times designated.

Until otherwise provided by resolution of the city council, all garbage accumulated at any private dwelling house or residence, hotel, boardinghouse, restaurant, or business house in the city shall be removed by the collector once per week. Residents who are reported to City Hall as not having garbage or refuse out during collection time will be charged extra if collection is requested that day. Otherwise, collection will take place the following scheduled week for that area. (Ord. 534 § 7, 1995: Ord. 432 § 16, 1988).

6.12.180 Collection—Industrial refuse—Granting of license.

The city council may grant a license for collection of industrial refuse upon application therefor whenever in the opinion of the city council the granting of such license is in the public interest and welfare. (Ord. 432 § 20, 1988).

6.12.190 Collection—License—Term.

License may be granted for any period not to exceed one year. Licenses shall be renewed upon expiration thereof for a similar term provided the city finds that the permit holder is capable of continuing operation in conformity with the provisions of this article and the rules and regulations of the city. (Ord. 432 § 21, 1988).

6.12.200 Collection—License—Fee.

The license fee for engaging in the business of collection garbage and/or industrial garbage, in the city, shall be the sum of one hundred dollars per year, or fraction thereof, payable in advance. In addition to the annual fee, the collector shall be required to pay quarterly to the city within thirty days following the close of the preceding quarter an amount equivalent to six and one-half percent of the gross receipts derived from the furnishing of such garbage collection services within the city for the preceding quarter. Quarters shall terminate on March 31st, June 30th, September 30th and December 31st. (Ord. 432 § 22, 1988).

6.12.210 Collection—License—Application.

Application for licenses under this chapter shall be submitted in writing to the city clerk. Each application shall contain the following information:

A. Name and address of the applicant. If the applicant is a firm or partnership, names of all owners and partners of all classes, limited and general, shall be listed. If the applicant is a corporation, the names and titles of each of the officers and directors shall be listed;

B. The type of license sought;

C. A detailed explanation of the manner in which the applicant will conduct the activity for which the license is required;

D. Facts showing that the applicant is able to render efficient refuse service. (Ord. 432 § 23, 1988).

6.12.220 Collection—License—Records required.

Each person granted a license pursuant to the provisions of this chapter shall maintain detailed records of all receipts and expenditures received or incurred in the operation of such business, including all fees collected for services rendered. The city, its officers and employees shall be entitled to inspect, audit and copy such books and records upon notice at all reasonable times. (Ord. 432 § 24, 1988).

6.12.230 Right of entry for inspection— Obstruction an infraction.

To facilitate the enforcement of this chapter and to carry out the true intent and purpose thereof, it is lawful for the city health officer, public works director, fire chief, and any peace officer of the city to enter any hotel, restaurant or public place or yard, or other buildings of any public place or private resident, for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulations of refuse therein or thereon; and the fire chief, and all peace officers, and the health officer of the city are authorized and directed to enforce the provisions of this chapter and any person denying or obstructing such entry or inspection is guilty of an infraction and subject to a one hundred dollar fine. (Ord. 534 § 8, 1995: Ord. 432 § 18, 1988).

6.12.240 Violation—Penalty.

Any person violating any of the provisions of this chapter is guilty of an infraction. The first offense will be a warning. The second offense will be a fine of twenty-five dollars. The third offense will be a fine of fifty dollars. The fourth offense, and every offense thereafter, will be a fine of one hundred dollars. (Ord. 534 § 9, 1995: Ord. 432 § 19, 1988).