Chapter 8.16
GARBAGE*

Sections:

8.16.010    Definitions.

8.16.020    Garbage, Commingled Recyclable Materials and Yard Waste in Residential Areas.

8.16.030    Garbage, Commingled Recyclable Materials and Yard Waste Receptacles.

8.16.040    Hot Ashes.

8.16.050    Removal of Garbage and Waste.

8.16.060    Burying Garbage or Waste.

8.16.070    Burning of Certain Waste Materials.

8.16.080    Burning of Garbage.

8.16.090    Accumulation of Waste and Junk on Private Property.

8.16.100    City Garbage Collector – Duties.

8.16.110    Owner Liability – Collection Service.

8.16.120    Owner Liability – Minimum Service Charge.

8.16.130    Exemption from Collection Service.

8.16.140    Contracts for Removal of Garbage, Commingled Recyclable Materials, Yard Waste, Ashes, Refuse, or Rubbish.

8.16.145    Rates and Fees.

8.16.150    Enforcement.

8.16.160    Nonliability of City for Accidents or Damage.

*    For statutory provisions authorizing cities to contract for the collection and disposal of garbage and rubbish, see Health and Safety Code § 4250.

8.16.010 Definitions.

A. The words listed in this section, as used in this chapter, are defined as follows:

1. “AB 939” means the California Integrated Waste Management Act of 1989 (Assembly Bill No. 939), codified, in part, at Public Resources, Section 4000 et seq., as it may be amended from time to time, and as implemented by the regulations of the California Integrated Waste Management Board, or its successor.

2. “Ashes” means ashes as conventionally known.

3. “City garbage collector” or “collector” means any person with whom or with which the City may contract for the collection of garbage, ashes or refuse, rubbish, recyclables or yard waste, within the City; or in the absence of such contract, it shall mean any person or organization, including the City itself, lawfully engaged in the collection of garbage within the City.

4. “Curbside” is the standard word used in the garbage industry to describe that area adjacent to a premises on the “curb” located at its front. As used in this chapter, “curbside” means such locations in the commercial districts and, when referring to the curbless residential district, it means an area on or immediately adjacent to the public right-of-way in front of the premises. Thus, “curbside collection” means the collection and removal by the collector of garbage, recyclables or yard waste placed at the curbside.

5. “Garbage” means such putrescible matter as regularly accumulates as an incident to the occupation of premises and shall be deemed to mean and made to include table refuse and every description of discarded matter, animal or vegetable (including unwashed glass, metal or plastic containers for the same), that attends the preparation, consumption, transportation or storage of meat, fish, fowls, fruits, vegetable and other foods of whatever character.

6. “MRF” or “materials recovery facility” means:

a. A facility licensed or permitted in accordance with AB 939 which separates secondary materials, such as paper or mixed glass and metal containers, and processes them for sale to end users; or

b. A firm that purchases and markets source-separated solid wastes and recyclable materials.

7. “Premises” means any tract or plot of land with the building(s) thereon or any building or part of a building used as a dwelling, place of living or place of business by any person, persons, or business entity and shall include all outbuildings used in connection therewith, including, but not limited to, garages, wood sheds and the like, and all open spaces on any building site in connection therewith. Premises devoted to residential use having once been occupied shall for all purposes of this chapter be considered as occupied premises in the future, except for such periods of time as an exemption from service or minimum charge may have been obtained pursuant to CMC 8.16.130.

8. “Commingled recyclable materials” means a product that may be collected, sorted, cleansed, treated, and reconstituted into material that would otherwise become solid waste, and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Such material regularly accumulates as an incident to occupation of premises and includes glass, paper, newsprint, aluminum, steel, plastic, cardboard and the like.

9. “Refuse” means and includes such combustible and noncombustible materials as regularly accumulate as an incident to the occupation of premises and includes cloth, rags, paper, leather, shoes, rubber, matting, bedding, boxes, chairs, tin cans, bottles, crockery, glass and the like.

10. “Rubbish” means such material as irregularly accumulates upon premises, or results from construction, such as concrete, lumber, wood, tree trimmings, plaster, brick, stone and the like.

11. “Waste” means and includes ashes, rubbish and refuse.

12. “Yard waste” means substances that are biodegradable and decay into their constituent substances, such as grass clippings, leaves, brush, weeds, trimmings, garden debris and the like, which accumulate upon premises.

B. Nothing in this chapter shall be construed to forbid the maintenance in the R-1 district, according to good gardening practice, of a compost pile consisting of pine needles, leaves, grass and garden debris in a quantity appropriate for use on the premises. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.020 Garbage, Commingled Recyclable Materials and Yard Waste in Residential Areas.

It is conclusively presumed that garbage, commingled recyclable materials and yard waste will be generated or created in connection with the occupancy of any premises devoted to residential use where such premises contain any facilities that can be devoted to the cooking or refrigeration of food products. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.030 Garbage, Commingled Recyclable Materials and Yard Waste Receptacles.

A. The owner, lessee, tenant, or occupant of every developed property, in every zoning district, shall provide on such premises one or more conventional watertight, galvanized metal or plastic garbage receptacles, or the optional plastic waste wheel design garbage receptacle. Commingled recyclable materials and yard waste receptacles must be of a plastic waste wheel design. Garbage receptacles that are not of the waste wheel design shall be fitted with two handles and have a capacity of at least five gallons but not more than 32 gallons. Plastic waste wheel design receptacles may be 64 gallons. All receptacles shall have a tight-fitting lid that shall cover the receptacles at all times except when garbage, commingled recyclable materials or yard waste is placed in or removed from the receptacle. All garbage must be removed from the premises where the garbage is created.

B. All garbage, commingled recyclable materials and yard waste receptacles in the R-1 district shall be located in the rear or side yard setback, screened from public view, and shall be collected, emptied, and returned to their original location by the collector.

C. All garbage, commingled recyclable materials and yard waste receptacles in the commercial districts shall be fully contained on private property and screened from public view. No garbage, commingled recyclable materials or yard waste material receptacles in the commercial districts shall be placed at curbside for collection at any time unless on-site garbage, commingled recyclable materials or yard waste receptacles storage is not available. If on-site garbage, commingled recyclable materials and yard waste receptacles storage is not available, receptacles in the commercial districts shall be placed at curbside the morning of or the evening preceding scheduled pickup and removed immediately following collection.

D. All garbage, commingled recyclable materials and yard waste must be removed from the premises where the garbage is created by the collector contracted by the City. The disposal of private garbage generated by any domestic, commercial or quasi-public use in any City-owned public waste receptacles is unlawful.

E. In all zoning districts of the City, with the exception of businesses in the commercial district that do not have on-site storage, the required receptacles for recycled materials including but not limited to glass, paper, newsprint, cardboard, plastic, aluminum, bi-metal containers and steel shall be a commingled recyclable waste wheeler receptacle provided by the City’s recycling collector. These commingled recycling receptacles are intended for the collection of all approved recyclable materials, and the City’s collector shall be responsible for collection and retrieval from the private property of each customer’s rear or side yard, not at the curb.

F. In all zoning districts of the City, the required receptacles used for composting for such authorized materials as cut grass, weeds, trimmings, garden debris and the like shall be receptacles provided by the City’s collector, the Monterey Peninsula Waste Management District or other City-authorized commercial establishment. Any composting process which includes any food waste as an ingredient, whether on public or private property, shall be enclosed in such receptacle.

G. Every tenant, lessee, occupant or owner of any premises where ashes or refuse are created may provide on such premises, in addition to the garbage receptacle, one or more receptacles having a capacity not exceeding 64 gallons, or such other receptacle as may be provided by the collector to contain all ashes or refuse which may accumulate upon the premises.

H. No conventional garbage receptacle shall be loaded so that the combined weight of receptacle and contents exceeds 60 pounds, with the exception of an approved waste wheeler design receptacle provided by the collector specifically for such purposes.

I. Every tenant, lessee, occupant or owner of any premises where garbage, commingled recyclable materials or yard waste receptacles are provided shall be responsible for keeping such receptacles in a clean and sanitary condition. (Ord. 2002-08 § 1, 2002; Ord. 99-05 § 1, 1999; Ord. 99-01 § 1, 1999).

8.16.040 Hot Ashes.

Hot ashes shall be placed in a covered metal receptacle, other than a garbage, commingled recyclable materials or yard waste receptacle, until such ashes are extinguished and cool. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.050 Removal of Garbage and Waste.

All garbage accumulated in private dwellings or residences shall be removed at least once a week by the City’s collector except as provided in CMC 8.16.030. All garbage accumulated in hotels, or other multiple dwellings serving meals, including but not limited to boardinghouses, restaurants, fresh food markets and other like places, shall be removed at least every two days or more often if necessary. All waste shall be removed as often and as soon as the receptacles provided therefor are filled. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.060 Burying Garbage or Waste.

A. It is unlawful for any person to bury waste or other discarded, used or leftover substance in any alley, street, road, highway, public park or other public property or a public place in the City, or upon the beach owned by the City, except waste deposited on City property in connection with authorized municipal fill operations.

B. It is unlawful for any person to bury any garbage, refuse, rubbish, waste or any other discarded, used or leftover substance in any private property in the City without the consent of the owner thereof or after being notified by the proper authority of the City that such practice is a menace to public health. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.070 Burning of Certain Waste Materials.

Waste consisting of paper and wooden materials, and dry grass, brush or leaves, may not be burned in any stove or fireplace except as follows: Clean paper waste such as newsprint may be used to kindle a fire of clean, dry, unpainted wood. Products such as artificial logs and pellets that are manufactured specifically for the purpose of burning in fireplaces and stoves may be burned in accordance with the manufacturer’s instructions. All burning in fireplaces and stoves shall be done in such manner as to permit continuous combustion by a visible flame. All open burning is prohibited within the City except as set forth in Chapter 8.32 CMC. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.080 Burning of Garbage.

Within the City it is unlawful for any person to burn any garbage, recyclable materials, manure or waste not permitted to be burned by the provisions of CMC 8.16.070. It is likewise unlawful within the City for any person owning, occupying or managing property to permit the burning of such garbage, recyclable materials, manure or waste on such property. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.090 Accumulation of Waste and Junk on Private Property.

It is unlawful to accumulate, or permit the accumulation of, waste, items of machinery, furniture or household appliances which have fallen into disuse or disrepair, on private property in any area which is visible from any other public or private property. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.100 City Garbage Collector – Duties.

A. It is required that the City’s collector collect garbage and commingled recyclable materials at least once a week from every premises, as defined in CMC 8.16.010, within the City, where garbage is created or presumed to be created, and from restaurants, fresh food markets and other like occupancies creating garbage, as frequently as such garbage is required to be removed by the provisions of this chapter. It is further required that in all residential and commercial areas of the City, after the collecting of such garbage, the City collector return the receptacles to a screened location on private property at the side or rear of the premises at which said collection took place. The City collector shall notify the City Administrator promptly of any infractions of collection and the City Administrator shall take proper corrective action.

B. It is further required that all ashes to be removed and all refuse attributable to any premises within the City be collected by the City collector from every premises as frequently as ashes and refuse are required to be removed by the provisions of this chapter.

C. It is further required that the City collector collect commingled recyclable materials at least once each week from every premises, apartment, or business within the City and yard waste at least once each month from every premises within the City where commingled recyclable materials or yard waste may be generated or presumed to be created. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.110 Owner Liability – Collection Service.

The occupant of each premises within the City, or the owner of any other premises upon which solid waste may be produced or accumulated, shall obtain and maintain adequate disposal service from the City, its agents, or its franchisee, and shall be liable for and pay the full amount of any and all fees or charges imposed for such services.

Receptacles for all solid waste collection services shall be placed in the side or rear yard for collection prior to the scheduled time for collection. Except when authorized by the City Administrator upon a showing of reasonable necessity, no person shall leave any residential receptacle or receptacles at the street curb or in any other place on City-owned property or private property visible from the street. Commercial receptacles shall not be stored on any public right-of-way or property, and shall be screened from public view, except on the day of pickup, and shall be returned to their stored location within two hours of pickup. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.120 Owner Liability – Minimum Service Charge.

The tenant, lessee, occupant and owner of any premises devoted to residential use which contains facilities for the cooking or refrigeration of food products or generation of recyclable materials or yard waste are made jointly and severally liable to the City collector for a minimum service charge as established in Appendix A of the City’s franchise agreement for all periods after such premises are originally occupied. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.130 Exemption from Collection Service.

A. Upon notifying the City collector, the owner or tenant of any premises may discontinue garbage, commingled recyclable materials, and yard waste collection for such periods of time as their premises is/are vacated, if, in the opinion of the City collector, there is no actual need for a collection.

B. The tenant, lessee, occupant or owner of all other premises is/are required to maintain garbage, commingled recyclable materials and yard waste collection. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.140 Contracts for Removal of Garbage, Commingled Recyclable Materials, Yard Waste, Ashes, Refuse, or Rubbish.

The City Council may enter into a contract with and license any qualified person, firm or corporation as collector of garbage, commingled recyclable materials, yard waste, ashes, refuse or rubbish, upon the terms and conditions set forth in this chapter, and the rates for the removal of such garbage, commingled recyclable materials, yard waste, ashes, rubbish, and refuse; the specific receptacles for collection; and the mode of collection of such rates shall be as provided in Appendix A of the City’s franchise agreement. Contracts with City collector(s) may be entered into in either of the following ways:

A. Negotiation. The City Administrator may negotiate a contract with any person believed capable of providing high quality service at reasonable rates. Such contract shall include the terms and conditions required by this code and include the terms and conditions not in conflict with this code as the City Administrator deems reasonable to secure the collection and disposal services in the best interest of public health, safety and welfare. The contract shall be approved by the City Council.

B. Calling for Bids. The City Administrator may elect to call for bids on the collection and disposal contract or contracts. The bid process shall be as follows:

1. If the City Administrator elects to call for bids she/he shall do so by letter calling for bids and setting forth the terms and conditions of the contract. Only qualified garbage or recycling collectors may bid for the contract or contracts. A qualified collector shall be a company or corporation with at least seven years of municipal garbage or recycling collection experience.

2. Publishing of Notice. The City Administrator shall cause to be published once a week for two successive weeks in the official newspaper of the City a public notice which shall set forth all of the terms and conditions embraced in the letter, and the time, date and place for the receiving and opening of sealed bids, which shall not be sooner than one full week from the date of the first publication of the notice.

3. Award of Contract. Upon examination by the City Administrator of the bids, the contract may be awarded to the best bidder by the City Council on the recommendation of the City Administrator. The City Administrator may postpone the granting of the contract from time to time until she/he has had a full and complete opportunity to examine the merits of each bid and, if none of the bidders is deemed satisfactory, the City Administrator may reject all bids and either advertise for additional bids or enter into an interim contract with any satisfactory bidder upon such terms and conditions as are satisfactory to the City Administrator and the City Council.

4. Other Terms and Conditions. No contract for collection, disposal, recycling of commingled recyclable materials or handling of yard waste shall be for a period of more than 10 years including rights to extend. Terms and conditions other than those mentioned in this code may be put into the contract by the City. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.145 Rates and Fees.

A charge shall be collected from the lessee, owner, tenant or occupant of all premises within the corporate limits of the City for services rendered in the collection and removal of garbage, the recycling of commingled recyclable materials and yard waste, or disposal of ashes, refuse and rubbish. The fees for residential and commercial rates shall be established by resolution of the City Council after a public hearing has been duly noticed and held. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.150 Enforcement.

A. It shall be the duty of the County Health Officer and the City Code Enforcement Coordinator to enforce the provisions of this chapter and they or their duly appointed agents shall have the power and authority to enter all premises at and during reasonable hours for the purpose of determining whether or not the provisions of this chapter are being violated.

B. If any person fails or neglects, for a period of three days after written notice, to have any garbage, waste or manure removed, the County Health Officer or City Code Enforcement Coordinator may direct the same to be removed by the collector, and for this purpose the collector and County Health Officer or City Code Enforcement Coordinator may enter the premises and remove or cause to be removed all such garbage, waste or manure so condemned and ordered to be removed, and the cost of the removal shall be a charge and lien on such premises or may be collected in a personal action against the owner, tenant, lessee or occupant of the premises. The refusal by the owner, tenant, lessee or occupant of any premises to allow or permit such garbage, waste or manure to be so removed shall be deemed a misdemeanor.

C. Any person, property owner, tenant, or lessee in the R-1 or R-4 districts of the City failing to abide by the provisions of this code may be charged with a misdemeanor.

D. Any person, corporation, property owner, tenant, lessee or business owner in any commercial district failing to abide by the provisions of this code may be charged with a misdemeanor and/or the revocation of his/her/its license to do business within the City of Carmel-by-the-Sea. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).

8.16.160 Nonliability of City for Accidents or Damage.

The City or any of its public officials, agents, officers, and employees, other than the collector of garbage, commingled recyclable materials, yard waste, ashes, refuse, rubbish and waste, shall not be liable for any accidents, damage or neglect of any kind or nature arising from the collection and removal of garbage, commingled recyclable materials, yard waste, ashes, refuse, rubbish and waste. Garbage collection shall be performed in as neat and quiet a manner as may be possible, consistent with reasonable dispatch. The City collector shall carry the necessary liability and property insurance, workers’ compensation insurance and industrial accident insurance in amounts and with insurance companies acceptable to the City, as provided by the laws of the State of California. Upon the collector’s failure to do so, the City Council may provide such insurance and charge the premium therefor to the collector, who shall, on demand, reimburse the City for any premium paid for such insurance. The collector shall enter into a hold harmless agreement prepared by the City whereby the City, its public officials, agents, officers and employees are held harmless under terms set forth in the agreement. (Ord. 2002-08 § 1, 2002; Ord. 99-01 § 1, 1999).