Chapter 13.12
SOLID WASTE COLLECTION

Sections:

13.12.010    Title.

13.12.020    Purpose and intent.

13.12.030    Definitions.

13.12.040    General provisions.

13.12.050    Exemption from receiving service.

13.12.060    Container requirements and specifications.

13.12.070    Disposal of refuse by collector.

13.12.080    Prohibited acts.

13.12.090    Violation—Penalty.

13.12.010 Title.

The ordinance codified in this chapter shall be known as and may be referred to in all proceedings as the “Alpine County Solid Waste Ordinance.” (Ord. 406 § 1, 1981)

13.12.020 Purpose and intent.

The purpose of this chapter is to enact regulations and procedures for the collection, removal and disposal of solid waste in designated wastesheds within Alpine County shown on Exhibit A, attached to the ordinance codified in this chapter, on file in the office of the county clerk and made a part hereof by reference. (Ord. 406 § 2, 1981)

13.12.030 Definitions.

Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:

“Collection bins” means those metal receptacles placed on county property or at other locations within the county by the county or the refuse collector for collection of garbage, solid wastes, recyclables and/or refuse.

“Garbage” means all animal and vegetable wastes from household and/or commercial kitchens.

“Nuisance” means anything which:

1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of the property; and

2. Affects an entire community or neighborhood, or any considerable number of persons; and

3. Occurs during or as the result of the handling or disposal of solid wastes.

“Occupied premises” means any premises upon which any house, building or other structure is constructed or erected and which is occupied and used as a dwelling, place of living, or place of business of any description, and shall include all accessory structures used in connection therewith such as garages, woodsheds, and the like.

“Person” means and includes any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the state, the county, districts or any office or agency.

“Refuse collector” means an agent, employee or any person with whom the county shall have duly contracted with to collect and transport solid waste through the streets, alleys or public ways of the county.

“Solid waste” or “refuse” means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, industrial wastes, demolition and construction wastes, abandoned vehicles or parts thereof, discarded home and industrial appliances, and other discarded solid or semisolid materials.

“Wasteshed area” means that area described as within Exhibit A, attached to the ordinance codified in this chapter and on file in the office of the county clerk, said areas known as: Area 1, Markleeville/ Woodfords; Area 2, Bear Valley; and Area 3, Kirkwood. (Ord. 594 § 1, 1996: Ord. 406 § 3, 1981)

13.12.040 General provisions.

A. All occupied premises in the county which fall within the wasteshed areas shall have refuse service as herein specified and for said service, charge shall be collected as per the schedule adopted by county ordinance.

B. Collection, removal and disposal of solid waste may be performed by the public works department, its authorized representative, or any person with whom the county has entered into or may enter into contract with, or franchise to, for the collection and disposal of refuse; and it is declared to be unlawful for any other person to remove or convey or cause or permit to be removed or conveyed any solid waste upon or along any public street or alley or other public place in the county, other than his own refuse.

C. All refuse accumulated on occupied premises shall be removed at least once a week or oftener, if necessary.

D. All garbage accumulated in hotels, boardinghouses, restaurants, fresh fruit markets, public and private campgrounds and other like places shall be removed at least once every three days or oftener, unless the county issues in writing permission to remove same less often. (Ord. 406 § 4(A)-(D), 1981)

13.12.050 Exemption from receiving service.

A. The owner or tenant of any premises not needing solid waste collection because of vacancy, absence or other reason, must notify both the county health officer and the refuse collector before charges for collection service are discontinued. The county health officer shall cause periodic inspections to be made of any premises from which regular refuse collection has been discontinued, and if it is found that solid waste is produced and any unsanitary condition exists thereon, regular refuse collection shall be commenced therewith.

B. In the event any person, firm or corporation may elect to dispose of such refuse as may accumulate on any specific property or location, the same may be done provided that such disposal complies with the sanitary provisions of this chapter and is approved by the health officer.

C. A charge shall be collected from occupants of all occupied premises within the unincorporated areas of the county which lie within the designated wasteshed areas for services rendered except as in this chapter specifically otherwise provided. The charges for services under this chapter shall be paid to the franchise holder in a manner acceptable to the franchiser and the county. (Ord. 406 § 5, 1981)

13.12.060 Container requirements and specifications.

A. All solid waste produced, created, in the unincorporated areas of the county which lie in the wasteshed areas shall be deposited in a container or containers and must be of a type approved by the county, equipped with suitable handles, a tight-fitting cover, and be watertight.

B. Every person in possession, charge or control of any place, premises in or from which garbage is created, produced or accumulated shall provide a sufficient number of containers, of sufficient capacity to hold all solid waste generated on such place or premises between the time of successive collections by the county or its authorized collector. All solid waste generated on said premises shall be placed in such containers.

C. Except as provided hereinafter, each such container shall have a capacity not to exceed thirty-two gallons; it shall not be filled in such a manner as to exceed a gross weight of seventy-five pounds. All waste receptacles shall be placed on the premises so as to be readily accessible for removing and emptying by the refuse collector. No solid waste receptacle with the exception of those placed by a government agency, shall be placed or kept in or on any public street, sidewalk, footpath or other public place.

D. Containers serving commercial or industrial establishments or multiple dwellings may have a capacity of one cubic yard or more. Each container shall be of a design approved by the county health officer. Such container shall not be filled in such a manner as to exceed a gross weight of five hundred twenty-five pounds per cubic yard. (Ord. 406 § 7, 1981)

13.12.070 Disposal of refuse by collector.

The refuse collector shall dispose of all solid waste in a place and manner that have the approval of the county board of supervisors. All solid waste, once collected, becomes the property of the refuse collector to dispose of as he sees fit, provided that the manner of disposal does not conflict with this chapter. (Ord. 406 § 6, 1981)

13.12.080 Prohibited acts.

A. It is unlawful for any person, firm or corporation in any manner to interfere with the collection, removal or disposal of refuse by the authorized refuse collector.

B. No person owning or occupying any building lot or premises in the county shall suffer, allow or permit to collect and remain on said lots or premises, refuse of any kind, providing, however, that this provision shall not be construed as interfering with buildings under construction.

C. No person, firm or corporation shall dump, place or bury on any lots, land, street or alley, or in any water or waterway, or elsewhere within the county, any solid waste condemned by the health department or its authorized representatives.

D. No person, firm or corporation shall bum refuse of any kind on any street, alley, park, waterway or public place within the area of the county.

E. It is unlawful:

1. To leave any garbage or refuse, including, but not limited to, any food, food wrappers or containers, boxes, recyclables, cosmetics such as toothpaste or lotion, or any other substance which creates a nuisance or which may reasonably be expected to attract bears or other animals at or near collection bins within all areas of the county of Alpine unless placed within a secured collection bin.

2. To place anything in a collection bin so that the cover cannot be securely replaced, or the structure securely closed.

3. For any person placing refuse and/or garbage in a collection bin to fail to secure the lid or cover on the collection bin after opening the bin.

F. Subsection E of this section shall not apply to private garbage cans not exceeding forty gallons on premises which are occupied by single-family residential use. (Ord. 594 §§ 2, 3, 1996; Ord. 406 § 4(E)-(H), 1981)

13.12.090 Violation—Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 406 § 8, 1981)