Chapter 8.01 GARBAGE AND RUBBISH

“Containerized service” means service approved by the City Manager, wherein the City Contractor provides a vehicle equipped for mechanical handling. Wastewheelers shall be provided for residential use.

“Garbage” shall mean and include all refuse accumulations of animal, fruit or vegetable matter which attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables and cans originally used for food stuff.

“Refuse” means garbage, trash or both.

“Trash” shall mean and include weeds and grasses and all refuse and waste materials except rocks, concrete, bricks, dirt, plaster and similar building materials. (Ord. 96-5, 7-23-1996; Ord. 77-23, 6-28-1977)

8.01.020 Refuse collection service exclusive and compulsory.

All dwellings, apartment houses and places of business in which refuse accumulates within the City shall be required to use the refuse collection service of the City and to pay the charges therefor, except as provided in NCC 8.01.090. It shall be unlawful for any person, firm or corporation, except as otherwise provided in this article, to collect or gather refuse within the City. (Ord. 98-6 § 1, 10-13-1998; Ord. 77-23, 6-28-1977)

8.01.030 Trash accumulations.

It shall be unlawful for any occupant or owner of any building, lot or premises in the City to allow or permit to collect or remain upon such premises, any trash or garbage in such manner or quantity as is a fire menace or a health hazard to the people of the City. (Ord. 77-23, 6-28-1977)

8.01.040 Burning prohibited.

A. Public Places. It shall be unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any kind upon any public place, street or alley within the City at any time.

B. Private Premises. It shall be unlawful for any person to cause, allow, suffer or maintain any open burning of any kind or the burning of any trash in any incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon any private premises within the City.

C. Exceptions. The provisions of this section shall not apply to the following:

1. An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption, or for recreational purposes, and not being used primarily for the burning of waste materials or trash;

2. Comfort heating by use of a fireplace inside a residence, which fireplace is not being used primarily for the burning of waste materials or trash;

3. A fire set on permission given by an official of the Newman Fire District for the purpose of prevention of a fire or health hazard or the disposal of waste materials which cannot be abated or disposed of by other reasonable means; or

4. Fires used as safety flares for the combustion of waste gases. (Ord. 96-5, 7-23-1996; Ord. 77-23, 6-28-1977)

8.01.050 Burning, burying and dumping refuse.

It shall be unlawful for any person to burn, bury or dump, or permit to be burned, buried or dumped, any refuse in any place within the City. (Ord. 77-23, 6-28-1977)

8.01.060 Refuse collection service, residential.

A. Containers. Shall be provided to residential customers. The standard container is a 90-gallon wastewheeler. A 60-gallon container is available, upon request, to customers with low volume of garbage. Wastewheeler filled weight is not to exceed 200 pounds.

No employee of the City, or its authorized agents, may remove or cause to be removed from any premises any refuse which is not so contained, except as otherwise provided in this section.

B. Separation. The separation of refuse and recyclables is encouraged, as is the practicing of composting.

C. Frequency and Amount of Collection. There shall be one collection each week from all dwelling units in the City, which shall not weigh more than 200 pounds. Collection service will only be for containers that are provided by the contractor.

All curb and alley service customers shall place the refuse at the curb or in the alley not later than 4:00 a.m. on the day of the collection and shall remove the refuse containers from the curb or alley on the same day of the collection and be stored behind a wall, fence or within a building and not be visible from the public right-of-way.

Leaves from City street trees will be collected by the City, unbundled, unboxed or unbagged, if raked into the gutters at designated times. Trimmings, limbs and other accumulations of refuse will be accommodated for in the contract. (Ord. 2007-1 § 1, 3-13-2007; Ord. 96-5, 7-23-1996)

8.01.070 Types of residential collection service.

A. Curb Service. Customers whose property is not adjacent to an alleyway shall be responsible for placing refuse containers at the front curb line on collection days.

B. Alley Service. Customers whose property is adjacent to an alleyway shall be responsible for placing refuse containers at the alley property line on collection days.

C. Walk-In Service. Walk-in service may be available upon approval by the City Manager upon receipt of written certification that the customer is permanently and totally disabled or otherwise handicapped in such a way to make it impossible to comply with this section.

D. Nonconforming Items. All refuse items placed out to the alley or curb for collection, not in conformance with this section, are hereby declared nonconforming items and will not be collected with the regular refuse collection routes.

Large, bulky items, including tree limbs and stumps over four inches in diameter, furniture and appliances, concrete, building materials, tires, etc., are also nonconforming items.

E. Containerized Service. “Containerized service,” as defined in NCC 8.01.010, shall be used by all multiple dwelling units within 90 days after the passage of this article. Containerized service may also be used for single-family residences when requested by the customer or as required by the City for failure to provide adequate means to prevent dogs and cats from tipping over regular garbage cans. (Ord. 96-5, 7-23-1996; Ord. 77-23, 6-28-1977)

8.01.080 Types of commercial collection service.

A. Containerized Service.

1. “Containerized service,” as defined in NCC 8.01.010, shall be used by all commercial and industrial customers with a practical access to an alley or driveway within 90 days after the passage of this article. Such containers shall be located at a place specified by the City.

2. Commercial customers with a low volume of refuse may make arrangements to “share” the charge of a bin with other neighboring businesses. They may also obtain a wastewheeler that is suitable to meet garbage needs of the business.

B. Bulk Containerized Service. Commercial and industrial customers with a high volume of refuse materials who cannot be adequately served by the City’s regular containerized service shall be authorized, upon request by the City Manager, to contract with a private company for bulk containerized service.

C. Frequency of Collection. Collection of garbage and trash shall be made as many times per week as the City Manager may order from all meat, fish, game and vegetable markets, restaurants, boarding houses, hotels, hospitals and other like businesses. (Ord. 96-5, 7-23-1996; Ord. 77-23, 6-28-1977)

8.01.090 Private removal.

Notwithstanding the provisions of NCC 8.01.020:

A. Any person may remove or may cause to be removed from premises occupied by that person or under their control such solid waste as is created or produced on such premises in excess of the regular sold waste collection made by the City’s collection if the following conditions have been met or will be complied with: subsections (B)(1) and (2) of this section.

B. Any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste created or produced on such premises if all of the following conditions have been met or will be complied with:

1. Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant.

2. All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant, and such vehicles and activities shall meet all the requirements of this article and all other laws and ordinances of the State of California and the City relating to solid waste disposal.

3. Persons removing solid waste in excess of normal annual residential volume (defined herein as 3,000 pounds per year) shall comply with the following additional requirements:

a. No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.

b. All removal shall be done safely and quietly with due regard to the property of others.

c. No person shall remove solid waste from any location within 200 feet of a public or private elementary, junior high, or high school, where such school is shown on an official map of the City, as designated by the Public Works Director, as said map shall be periodically updated, during the 45 minutes before the commencement of the regular school day and 45 minutes following the conclusion of the regular school day, where such locations are accessible to and used by children as routes to or from school.

d. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City’s driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of, oils, fluids or solids by vehicles used in such solid waste removal.

e. Vehicles shall comply with CHP and D.O.T. regulations, and shall be thoroughly washed and disinfected inside the collection body following each use.

f. No driver shall operate a vehicle as in subsection (B)(3)(e) of this section without a valid and appropriate driver’s license.

g. All vehicles as in subsection (B)(3)(e) of this section shall be clearly identified with the name and local telephone number of its operator affixed thereto.

h. Garbage shall be disposed of at a permitted transfer facility or at the Fink Road Sanitary Landfill. If disposed of outside of Stanislaus County, the county where disposal occurs shall have an export agreement with the City of Newman.

i. Materials placed in containers for the purpose of separating from other solid waste shall be recycled at a permitted recycling facility.

j. Insurance requirements as specified from time to time by the City’s Risk Manager shall be complied with.

4. A cash security deposit shall be deposited with the City in an amount set from time to time by Council resolution to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises. The security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring City to use a noncustomer’s deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring City to expend noncustomer deposit moneys shall constitute a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation.

5. Persons engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer and collect and display all such receipts for the preceding one-quarter calendar year upon reasonable request by appropriate City authority. Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit City to administratively require such person to become a customer.

C. Any producer of industrial garbage or swill, or their employees, may transport the same upon or through any street or public place of the City for disposal at a permitted disposal facility or site.

D. It shall be unlawful for any person acting as an employee of a producer of industrial garbage or swill to collect or transport such industrial garbage or swill from more than one industrial producer thereof.

E. Any person engaged in the business of gardening or tree trimming or building demolition, or construction cleanup work, including both yards and building interiors, is authorized to remove and dispose of yard waste, rubbish or salvageable waste produced as an incident to such business. (Ord. 2012-3 § 1, 11-13-2012; Ord. 98-6 § 2, 10-13-1998; Ord. 77-23, 6-28-1977)

8.01.100 Rate making for solid waste collection services.

A. Charges for solid waste service shall be as determined by the collector and shall not be subject to City review and mediation.

B. The City shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection (C) of this section.

C. Inasmuch as collectors granted exclusive service agreements will have no competition with respect to customers who do not wish to be non-customers, the City Council reserves the right to set maximum rates that may be charged for any solid waste collection services offered by collectors having agreements with the City specifying that the collector has an exclusive Service Agreement with respect to such service or services. Charges shall be applied uniformly throughout the City. No collector may charge differing rates within the same class of solid waste customers. (Ord. 98-6 § 3, 10-13-1998; Ord. 96-5, 7-23-1996)

8.01.110 Payment.

The rates provided for shall be payable monthly from the date of issuance of a temporary occupancy permit for each dwelling or structure or from date of occupancy, whichever first occurs. (Ord. 96-5, 7-23-1996)

8.01.120 Collection of solid waste charges.

Any agreement entered into by the Council pursuant to the provisions of this article for the collection of solid waste, except industrial garbage, shall specify that all charges for solid waste service shall be collected solely by the collector or by the City pursuant to contract with a customer. The City may contract with a collection agency to perform customer billing and collection services. Nevertheless, such a contract shall not obligate the City to, and the City shall not, use its police power to collect bills remaining overdue or unpaid. (Ord. 98-6 § 4, 10-13-1998; Ord. 96-5, 7-23-1996; Ord. 77-23, 6-28-1977)

8.01.130 Owners’ liability for payment of garbage and trash collection services to multiple dwellings.

Owners of multiple dwellings or apartments (two or more families) shall be responsible for the payment of garbage and trash collection services rendered to premises owned by them, although payments will be accepted from tenants. However, for convenience to the City, persons billed for water service will also be billed for garbage and trash service. (Ord. 77-23, 6-28-1977)

8.01.140 Enforcement of provisions.

The City Manager shall enforce the provisions of this article, subject to the approval of the City Council, and shall have the power to establish rules and regulations consistent with the provisions of this article governing the keeping, collection, removal and disposal of garbage and trash. (Ord. 77-23, 6-28-1977)

8.01.150 Refuse collection contract authorized.

For the purpose of carrying out the collection of refuse the Council may, by resolution, provide for entering into a contract with any suitable person for the right to collect and remove refuse within the City. (Ord. 83-3, 5-23-1983)

8.01.160 Penalty.

Any person, firm or corporation who violates any provisions of this article shall be guilty of an infraction in accordance with the provisions of Government Code Section 36900 and shall be punished by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year; a fine not exceeding $250.00 for each additional violation within one year. (Ord. 77-23, 6-28-1977)

8.01.170 Severability.

If any section, subsection, clause or phrase is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this article, and the City Council does hereby declare that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 77-23, 6-28-1977)

Article II. Unauthorized Entry Into Waste Containers

8.01.180 Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

“Waste container(s)” means any and all containers including but not limited to automated collection containers, detachable containers, drop box containers, recycling containers and standard containers. (Ord. 2008-7, 12-9-2008)

8.01.190 Unauthorized entry into waste containers.

A. The City Council recognizes that there is an increasing problem both nationally and locally involving persons who forage waste containers. The City Council finds that there is risk to the public health and safety when:

1. Waste is strewn about;

2. Waste containers are left open to animals;

3. Waste containers and lids are left in roadways or walkways.

B. The City Council further finds that entry into waste containers by unauthorized individuals may subject owners to public nuisance liabilities for which they have no remedy unless provided by an addition to the Newman Municipal Code.

C. The Council hereby finds that an ordinance is needed for the preservation of the public peace, health, safety and general welfare of the residents of the City of Newman based upon the finding of facts declared by the City Council hereinabove stated. (Ord. 2008-7, 12-9-2008)

8.01.200 Unlawful search and entry – Penalty.

A. It shall be unlawful for any person, except the owner, someone with the owner’s consent, authorized City, County, State, or Federal personnel, or employees of the solid waste company that owns the waste container, in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search a waste container or the contents thereof.

B. Any and each violation of subsection (A) of this section shall constitute a separate and distinct offense punishable as a misdemeanor and, upon conviction thereof, shall be punishable according to the provisions of this article. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2012-3 § 1, 11-13-2012; Ord. 2008-7, 12-9-2008)

8.01.210 Public nuisance.

Rummaging, exploring, scavenging, or otherwise searching a waste container is a violation of the provisions of this article and is hereby declared a public nuisance. (Ord. 2008-7, 12-9-2008)

8.01.220 Violation and penalty.

A. Any person in violation of this article shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00 or imprisonment in the Stanislaus County jail for not more than six months, or both. Any violation of this chapter may be alternatively charged as an administrative citation.

B. Any person that continues in violation of this article shall be guilty of a separate and distinct offense for each and every violation. (Ord. 2012-3 § 1, 11-13-2012; Ord. 2008-7, 12-9-2008)