Chapter 8.16
GARBAGE AND RUBBISH

Sections:

8.16.010    Definitions.

8.16.020    Deposit of garbage and rubbish and containers.

8.16.030    Collection service required.

8.16.035    Unlawful transport of waste materials.

8.16.040    Garbage accumulation and disposal.

8.16.050    Rubbish accumulation and disposal – Standing water and other waste.

8.16.060    Manure accumulation and disposal.

8.16.070    Garbage containers.

8.16.080    Rubbish containers.

8.16.090    Placement of containers – Older buildings.

8.16.100    Placement of containers – Newer buildings.

8.16.110    Violation – Penalty.

8.16.010 Definitions.

As used in this chapter:

A.    "Garbage" means animal and vegetable waste that has resulted from the preparation of food, and table refuse.

B.    "Person" means any person, firm, association, corporation or company.

C.    "Residential unit" means any dwelling designed and used for the occupancy of one person or family for living or sleeping purposes and having facilities for storing and cooking food. Included are single-family residences only.

D.    "Rubbish" means trash, paper, rags, bottles, cans, waste, offal, leaves, cuttings, trimmings, shrubs, grass and other waste, combustible or noncombustible, except manure, cleanings from stables, and garbage as defined in this section. (Ord. 281 § 1, 1972; Ord. 242 § 1.1, 1967; Ord. 211 § 1, 1963)

8.16.020 Deposit of garbage and rubbish and containers.

A.    No person shall place or cause to be placed any rubbish, garbage or receptacle for either of them upon any public street or any other public place.

B.    No person shall throw, scatter or deposit any garbage or rubbish on the property of another without the owner’s written permission. (Ord. 211 § 2, 1963)

8.16.030 Collection service required.

Every occupied residential unit within the city shall be serviced, at the expense of the occupant, by the rubbish collector licensed to perform such services within the city. Such service shall conform to rules, regulations and specifications approved by the city council. Only one license shall be issued and outstanding at any one time for such residential service. (Ord. 242 § 1.2, 1967: Ord. 211 § 3, 1963)

8.16.035 Unlawful transport of waste materials.

A.    It is unlawful for any person to collect, carry, convey or transport any garbage, rubbish or other refuse material, including but not limited to any demolition or construction debris, generated or originating from any residential unit within the jurisdictional limits of the city in, over, upon or through any public street, alley or public place of the city.

B.    Subsection A of this section shall not apply to any of the following: (1) any person under the agreement with the city, whether by franchise or otherwise, to provide solid waste disposal services within the city to residential units, or to any agent or employee of that person while acting in the course and scope of their official duties pursuant to that agreement; (2) any person collecting, carrying, conveying or transporting not more than two cubic yards of garbage, rubbish or other refuse material generated or originating from a residential unit within the jurisdictional limits of the city; (3) any person who has obtained the prior written consent of the public works director to collect, carry, convey or transport such refuse material, based upon the public works director’s determination that such activity is not detrimental to the public health, safety or welfare, nor inconsistent with any agreement to which the city is a party. (Ord. 663 § 1, 2006)

8.16.040 Garbage accumulation and disposal.

A.    It is unlawful for any person to keep or accumulate, or cause to be kept or accumulated, upon any premises owned, controlled or managed by him in the city, any garbage, unless the garbage is enclosed in a container as provided for in this chapter, or to keep any garbage on or about such premises for a period of more than one week.

B.    Garbage shall neither be burned nor buried within the city.

C.    Residential garbage must be drained, wrapped and combined with rubbish for collection. (Ord. 211 § 4, 1963)

8.16.050 Rubbish accumulation and disposal – Standing water and other waste.

A.    It is unlawful for any person to keep or accumulate upon any premises owned, controlled or occupied by him in the city, any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste matter which is or is liable to become a fire menace or a health menace. It shall be the duty of each such person to cause any such accumulation to be promptly handled, treated, placed and disposed of as contemplated in this chapter.

B.    All construction waste and debris from new construction or major alteration or repair shall be kept in an enclosed container and such waste or debris shall be removed weekly by owner or contractor.

C.    Nothing in this section shall be deemed to prohibit the composting of garden clippings, prunings, trimmings, weeds, leaves and similar materials provided the compost is free of obnoxious odors, flies and rodents and does not constitute a nuisance or hazard. (Ord. 320 § 1, 1976: Ord. 211 § 5, 1963)

8.16.060 Manure accumulation and disposal.

All manure and cleanings from stables, where horses or other animals are kept, shall be deposited in an enclosed bin constructed of boards or netting so as to exclude flies, and shall be kept covered. No person shall accumulate or allow to accumulate any such manure or cleanings in an amount to exceed one cubic yard in volume nor shall such accumulation be allowed for more than seven days. (Ord. 211 § 6, 1963)

8.16.070 Garbage containers.

A.    Every owner, manager or person in possession, charge or control of any commercial premises from the use and occupancy of which garbage results shall provide or cause to be provided, and at all times keep, or cause to be kept, portable vessels, tanks or receptacles for holding the garbage. Each such vessel, tank or receptacle shall be constructed of metal or other suitable material approved by the city manager, and shall be watertight and so constructed as to contain not more than thirty-five gallons and shall be provided with a suitable and adequate handle on the outside thereof, and with a tight-fitting cover. Larger containers may be approved by the city manager.

B.    When the garbage receptacle contains garbage, the cover shall not be removed except when necessary to place garbage therein or to take garbage therefrom. After each emptying and before any receptacle used for garbage is used again, the same shall be cleaned thoroughly and all grease and adherent materials removed by the user thereof. (Ord. 242 § 1.3, 1967; Ord. 211 § 7, 1963)

8.16.080 Rubbish containers.

A.    Every person occupying or in possession of any premises in the city shall provide one or more portable, re-usable containers for rubbish. Such containers shall be constructed of any durable material, shall have handles and tightly fitting lids, and must not allow for the contents thereof to sift or pass through any opening therein, other than the top thereof or accumulation of water therein. Containers shall be free of any rough or jagged surfaces, tapered, with the top diameter greater than the bottom diameter, and without horizontal corrugations. Such containers shall have a capacity of not less than fifteen nor more than thirty-five gallons and shall weigh, when placed for collection, not more than sixty pounds including the contents thereof. Larger containers may be approved by the city manager.

B.    Oil drums are not acceptable as containers.

C.    No person shall deposit refuse in any container upon private property, other than those located upon his own premises, without the owner’s permission.

D.    No person shall deposit in a public refuse container any accumulation of refuse originating from the operation of any business.

E.    Ashes must be cool and must be contained in a heavy bag or otherwise be well-wrapped within the container.

F.    Vacuum cleaner and carpet sweeper dust must be contained in a heavy bag or otherwise be well-wrapped within the container. (Ord. 242 § 1.4, 1967; Ord. 211 § 8, 1963)

8.16.090 Placement of containers – Older buildings.

A.    Containers shall be kept concealed from view of those on neighboring premises and streets, and shall be kept on the premises of the person providing the containers except when removed for collection purposes, at which time they shall be replaced promptly by the collector without disturbance to the peace and quiet of the neighborhood and occupants of the premises or damage to the containers.

B.    Containers shall be kept in an area which is readily accessible to the collector. (Ord. 242 § 1.5, 1967; Ord. 211 § 9, 1963)

8.16.100 Placement of containers – Newer buildings.

A.    Containers shall be kept concealed from view of those on neighboring properties and streets, and shall be kept on the premises of the person providing the containers except when removed for collection purposes, at which time they shall be replaced promptly by the collector without disturbance to the peace and quiet of the neighborhood and occupants of the premises or damage to the containers.

B.    Containers shall be kept in an area readily accessible to the collector at ground level immediately adjacent to a driveway, or immediately adjacent to the side of a garage on the front ten feet thereof, or at such other fire-safe location as the planning commission may approve. (Ord. 342 § 1, 1977)

8.16.110 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable as described in Section 1.16.010 (C). (Ord. 495 § 4, 1989: Ord. 211 § 11, 1963)