Chapter 8.04
GARBAGE DISPOSAL

Sections:

8.04.010    Definitions.

8.04.020    Keeping of garbage and rubbish.

8.04.030    Garbage and rubbish receptacles—Required.

8.04.040    Garbage and rubbish receptacles—Specifications.

8.04.050    Rubbish too large to be placed in containers.

8.04.060    Garden refuse.

8.04.070    Accumulation unlawful.

8.04.080    Burning of garbage or manure prohibited.

8.04.090    Burning of rubbish.

8.04.100    Unlawful dumping.

8.04.110    Collection.

8.04.120    Location of receptacles and containers.

8.04.130    Garbage and rubbish removal—Restricted to contractors.

8.04.140    Weekly removal.

8.04.150    Service to all occupied premises.

8.04.160    Collection rates and charges.

8.04.170    Billing.

8.04.180    Liability for payment.

8.04.190    Rules and regulations.

8.04.200    Method of transportation of garbage, rubbish and refuse.

8.04.210    Contract.

8.04.010 Definitions.

The following words, when used in this chapter, shall have the meanings respectively ascribed to them as follows:

A.    “City” means the city of Marina.

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

C.    “Council” means the city council of Marina.

D.    “Garbage” means all animal, vegetable or fruit waste or matter that results from or attends the preparation, consumption, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables.

E.    “Garden refuse” means and includes trimmings from lawns, shrubberies, trees, and flower and vegetable gardens.

F.    “Person” means every natural person and every company, firm, copartnership, association or corporation.

G.    “Premises” means any dwelling, place of residence, roominghouse, hotel, motel, apartment, court, trailer camp, boardinghouse, eating place, shop and place of business, or any other housing accommodation, 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.

H.    “Rubbish” means all matters and materials not defined as garbage but which are rejected by the owners or producers thereof as useless, and shall include 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 shall include “garden refuse,” as that term is defined herein.

I.    “Trash hauler” or “yard cleaner” means any person who cleans up, collects, transports and disposes of rubbish or garden refuse, but not garbage, all as herein defined, within the city. (Ord. 76-11 § 1, 1976)

8.04.020 Keeping of garbage and rubbish.

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. 76-11 § 2, 1976)

8.04.030 Garbage and rubbish receptacles—Required.

It shall be 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. 76-11 § 3, 1976)

8.04.040 Garbage and rubbish receptacles—Specifications.

Each garbage and rubbish receptacle shall be constructed of galvanized iron or heavy plastic and shall have a tight-fitting cover, suitable bales or handles on the outside, and a capacity of not less than fifteen gallons or more than thirty-two gallons; provided, however, that garbage and rubbish receptacles for commercial 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. If the city’s garbage franchisee provides garbage and rubbish receptacles or containers, every occupant or person in possession, charge or control of any premises, and every other person having garbage or rubbish, shall use the provided receptacles or containers. All persons occupying multiple dwellings must plainly mark their receptacles so that the ownership thereof will be known. (Ord. 2003-07 § 1, 2003: Ord. 76-11 § 4, 1976)

8.04.050 Rubbish too large to be placed in containers.

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. 76-11 § 5, 1976)

8.04.060 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 with tape or twine. (Ord. 76-11 § 6, 1976)

8.04.070 Accumulation unlawful.

It is unlawful for the occupant, or person in 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 ever 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. 76-11 § 7, 1976)

8.04.080 Burning of garbage or manure prohibited.

No garbage or manure shall be burned in the open air within the corporate limits of the city. (Ord. 76-11 § 8, 1976)

8.04.090 Burning of rubbish.

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 causes or creates dense or offensive smoke or odor or be a menace to health or a fire hazard. (Ord. 76-11 § 9, 1976)

8.04.100 Unlawful dumping.

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 or upon 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. The provisions of this chapter shall not apply to small amounts of material used for composting or gardening upon premises by the owner or occupant thereof in such a manner so that same is not deemed to be a public nuisance or a hazard to the public health and safety. 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. 76-11 § 10, 1976)

8.04.110 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. 76-11 § 11, 1976)

8.04.120 Location of receptacles and containers.

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 said city, or in such a place or manner as to constitute a nuisance. (Ord. 76-11 § 12, 1976)

8.04.130 Garbage and rubbish removal—Restricted to contractors.

A.    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 transport 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 this section shall not apply to any person in the employ of the city who shall be 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 for such time as such contract shall be in force.

B.    It is unlawful for any person other than an employee of the city or a contractor working for the city to engage in the collection, removal or disposal of rubbish in the city; provided, however, that the provisions of this section 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, or to engage the occasional services of a trash hauler or yard cleaner who would perform such tasks under the direction of said occupant or person.

C.    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. 76-11 § 13, 1976)

8.04.140 Weekly removal.

Garbage and rubbish shall be removed not less often than once every seven days. (Ord. 76-11 § 14, 1976)

8.04.150 Service to all occupied premises.

All occupied premises within the city shall have garbage and rubbish service as provided by this chapter. (Ord. 76-11 § 15, 1976)

8.04.160 Collection rates and charges.

The rates for collection of garbage, rubbish and garden refuse in the city shall be such as are established by resolution of the city council or, if the work is being done by a contractor, by contract between the city and the contractor. Fees for services 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. 76-11 § 16, 1976)

8.04.170 Billing.

Fees for collection of garbage, rubbish and garden refuse shall be billed by the city or by its contractor and shall be payable on a monthly or quarterly basis as determined by the city council. (Ord. 76-11 § 17, 1976)

8.04.180 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 shall be 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. 76-11 § 18, 1976)

8.04.190 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 collection 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. 76-11 § 19, 1976)

8.04.200 Method of transportation of garbage, rubbish and refuse.

A.    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 beds, with proper covers, to protect against the garbage being offensive. The garbage must be protected from 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 or alleys. Such vehicles must comply with all health and sanitary laws of the city and of the state.

B.    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 shall 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. 76-11 § 20, 1976)

8.04.210 Contract.

A.    For the collection and disposal of garbage and rubbish a contract for a period of not to exceed fifteen years, with an option period not to exceed ten years, may be entered into by the city in accordance with and subject to the terms and conditions of this chapter. Such contract shall be awarded after notice calling for sealed proposals therefor by publication in the Marina Tribune, a newspaper of general circulation printed, published and circulated in the city, which publication shall be at least ten days prior to the day fixed for opening bids. A contract shall be awarded to the responsible bidder who bids therefor the lowest rate to the people of the city and the highest consideration to the city. The council shall have the right to reject any and all bids and to readvertise for bids or negotiate a contract therefor.

B.    Such contract shall contain a schedule of monthly or quarterly rates.

C.    Such contract shall provide that the contractor shall collect and dispose of the garbage and rubbish in the city in the manner provided in this chapter. Such contractor may be required to furnish a cash or surety bond to the city in the sum of ten thousand dollars, 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 except as otherwise provided herein.

D.    Such contract may further provide that the contractor shall be required to dispose of all such garbage and rubbish so collected at such disposal sites as directed by the city.

E.    Such contract shall also require that said contractor procure for the term of the contract workmen’s compensation insurance in accordance with the provisions of the Labor Code of the state.

F.    Such contract shall also require that such contractor carry public liability insurance with policy limits of not less than three hundred thousand dollars for the death of or injury to one person, and one million dollars 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 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. 95-3 § 1, 1995; Ord. 80-11 § 1, 1980; Ord. 76-11 § 21, 1976)