Chapter 7.08
GARBAGE AND RUBBISH DISPOSAL
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Sections:
7.08.010 Public necessity.
7.08.020 Definitions.
7.08.030 Contract for collection of garbage and rubbish.
7.08.040 Removal of garbage or rubbish only by authorized contractor or agent of the city.
7.08.050 Containers for garbage and rubbish.
7.08.060 Location of garbage and rubbish containers.
7.08.070 Collection times and charges.
7.08.080 Special collections of garbage and rubbish.
7.08.090 Payment of collection charges.
7.08.100 Requirements of transporting vehicle for garbage.
7.08.110 Disposal sites.
7.08.111 Unacceptable materials.
7.08.112 Hazardous waste.
7.08.113 Yard waste.
7.08.120 Forfeit of garbage collector’s contract.
7.08.130 Penalty for violation.
7.08.140 Tampering with garbage prohibited.
7.08.150 Accumulations prohibited.
7.08.160 Burning regulations – Burying garbage or rubbish.
7.08.170 Enforcement authority.
7.08.010 Public necessity.
The public necessity, health, safety, and general welfare of the city require that the exclusive right to collect and remove, or cause to be collected and removed, garbage and rubbish, as those terms are hereinafter defined in this chapter, within the city shall be vested in the city, and it is unlawful for any person, firm, or corporation, except as otherwise provided in this chapter, to collect or remove garbage or rubbish, as those terms are hereinafter defined, within the city. (Ord. 96-21 § 2, 1996).
7.08.020 Definitions.
Words used in this chapter are defined as follows:
A. "Garbage" means all putrescible wastes and includes kitchen and table refuse and offal, swill, and every accumulation of animal, vegetable, or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruits or vegetables and dead animals except fresh animal matter fit and intended for human consumption; and includes also all food remnants, animal and vegetable scraps, refuse and waste likely to become offensive, decay, or decompose, from kitchens, and all household waste that has been prepared for or intended to be used as food, or has resulted from the preparation of food; and all animal and vegetable scraps or refuse, waste, and food remnants subject to decomposition or decay from institutions where foodstuffs intended for human consumption shall be handled commercially, whether or not the same is fit for animal (as distinguished from human) consumption.
B. "Hazardous waste" is a solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may:
1. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or disposed of, or otherwise mismanaged; or
2. Cause or contribute to an increase in mortality, or an increase in irreversible or incapacitating illness.
C. "Person" means any person, firm or corporation acting as principal, agent or officer, servant or employee for himself or itself, or for any other person, firm, or corporation.
D. "Rubbish" means and includes all nonputrescible waste matter consisting of glass, paper, wood, plastic, cans, coffee grounds, ashes, and other substances, and unusable, unwanted or discarded material and items resulting from normal residential, community or business activities. The term "rubbish" does not include garbage.
E. "Solid waste" means any discarded material that is abandoned by being disposed of, burned or incinerated, recycled or considered waste-like. A solid waste can physically be a solid, liquid, semi-solid or container of gaseous material.
F. "Yard waste" means those vegetative materials generated during the maintenance and upkeep of lawns, gardens, and other landscaped areas. Specific materials include, but are not limited to, leaves, grass clippings, pine needles, hedge and tree trimmings, and other similar vegetative materials. (Ord. 2000-7 § 1, 2000; Ord. 96-21 § 2, 1996).
7.08.030 Contract for collection of garbage and rubbish.
A. For the purpose of carrying out the provisions of SMC 7.08.010, the council shall (unless otherwise provided that the work be done by the city), by resolution, provide for entering into an exclusive contract with any suitable or responsible person for an initial term of years not exceeding 10 years or issuing a permit for short periods not exceeding one year for the exclusive right to collect and remove garbage and rubbish within the city and such person shall be known and designated as the "city garbage collector" and is referred to herein as the collector. Such exclusive contract may be extended or renegotiated by the city council for additional periods not exceeding 10 years each.
B. Such contract or permit shall provide that the city garbage collector has the right to collect and receive the collection charges and fees established by resolution of the city council for the collection and removal of garbage and rubbish in the city, and not in excess of the rates and charges so established.
C. Such contract or permit may also provide for the city garbage collector to conduct recycling and yard waste collection programs. The city garbage collector shall have the exclusive right to collect such materials at curbside or from other locations within the public street right-of-way.
D. Such contract shall be awarded on the basis of competitive bidding to the person submitting the best bid, as determined by the city council; provided, that the successful bidder is determined by the city council to be a reliable person. Before awarding the contract to any person, a bond for faithful performance of the contract shall be furnished by him in such amount as may be fixed by the city council. The contract shall provide for payment of a franchise fee by the collector to the city in an amount established by resolution of the city council.
E. In case the city council determines that an exclusive permit only shall be issued for a specific period, such permit shall be awarded to some reliable person chosen by the city council who agrees to the terms of the permit and agrees to pay the amount fixed by the council for issuance of the exclusive permit. (Ord. 96-21 § 2, 1996).
7.08.040 Removal of garbage or rubbish only by authorized contractor or agent of the city.
It is unlawful for any person to remove or convey, or cause to be removed or conveyed, any garbage or rubbish in the city upon or along any public street, alley, or other public place, or otherwise dispose of any garbage or rubbish from within the city, other than the city or its duly authorized agent assigned to the work of garbage or rubbish removal, or any person with whom the city has entered into a contract, or to whom a permit has been given for the exclusive collection, removal and disposal of garbage or rubbish, or any employee, agent or servant of such contractor or permittee during such time as such contract or permit is in force. The above prohibition does not apply to contractors or maintenance personnel who are providing construction, landscaping, maintenance, hazardous materials abatement or demolition work on a property and who dispose of rubbish, hazardous waste or yard waste directly generated by such work in their own containers. The above prohibition also does not apply to residents of the city disposing of yard waste, hazardous waste, rubbish or garbage from their own property; provided, that disposal by such residents shall be in their own containers.
The city garbage collector shall have no right to delegate, assign or subcontract any of its duties or responsibilities under its contract or permit with the city related to the collection of garbage and rubbish. (Ord. 2000-7 § 2, 2000; Ord. 96-21 § 2, 1996).
7.08.050 Containers for garbage and rubbish.
It is unlawful for any person to keep or accumulate or permit to be kept or accumulated any garbage or rubbish upon any lot or parcel of land, or upon any public or private street, alley or other right-of-way, or any public place whatsoever, unless the same is in suitable metal or plastic receptacles designed for such purpose. Each such receptacle, except bins, debris boxes and containers for recyclable materials shall have a capacity of not less than 20 gallons nor more than 90 gallons. Garbage containers shall be provided at all times with close-fitting lids or covers, and shall be kept closed at all times except when necessarily opened to permit garbage to be deposited or removed. Receptacles from which garbage and rubbish are collected by the city garbage collector shall be those furnished by the collector except that 20-gallon containers and containers used for yard waste collection shall be furnished by the customer and shall be satisfactory to the collector. The owner or person in control of receptacles shall keep them clean at all times, and free of grease and other adherent materials. (Ord. 96-21 § 2, 1996).
7.08.060 Location of garbage and rubbish containers.
Except in the case of persons physically unable to do so, each receptacle or container, except bins and debris boxes, for collection of garbage and rubbish including recyclable materials and yard waste by the city garbage collector must be placed and maintained at the curb or edge of roadway in a location readily accessible for collection by the garbage collector prior to the time designated for collection. Such receptacles shall be placed at the curb or edge of roadway no earlier than the day prior to the scheduled collection time and must be removed therefrom prior to 12:00 midnight on the day of collection. At all other times, the containers shall be kept and maintained in a location screened from view from the public right-of-way. (Ord. 96-21 § 2, 1996).
7.08.070 Collection times and charges.
The city council shall fix by resolution the frequency at which the collector shall accomplish collection and the maximum rates which the collector may charge for the various services. The regularly scheduled days and times for collection at various locations in the city shall be determined by the collector subject to approval by the city. (Ord. 96-21 § 2, 1996).
7.08.080 Special collections of garbage and rubbish.
In addition to the rates for collection of garbage and rubbish provided by resolution of the city council, the garbage collector, when requested by the owner, tenant, or occupant of any residential, or business premises to make a special collection of any garbage or rubbish in addition to the collection provided by this chapter, shall be entitled to collect and receive a reasonable fee for such service as established by the collector. In case of any dispute between the collector and a customer regarding such additional fees, the determination of the city manager regarding the amount of such fees shall be final. (Ord. 96-21 § 2, 1996).
7.08.090 Payment of collection charges.
All charges for the collection and removal of garbage and rubbish shall be due and payable to the city garbage collector on the first of the month following such collection and removal except that if the collector provides for billing on other than a monthly basis, payment shall be due and payable on the first of the month following each billing period; however, in no case shall payment become due in less than 15 days after receipt of invoice. (Ord. 96-21 § 2, 1996).
7.08.100 Requirements of transporting vehicle for garbage.
All garbage shall be removed and carried upon the streets, alleys, or other public places of the city in vehicles so that the contents thereof are not offensive. The vehicles shall be so loaded and such precautions shall be taken that none of their contents falls or spills therefrom. (Ord. 96-21 § 2, 1996).
7.08.110 Disposal sites.
The city garbage collector shall dispose of all garbage and rubbish at sites satisfactory to the city and, unless otherwise designated in the contract or permit issued to the collector, such satisfactory sites shall be transfer stations or landfill areas owned and/or operated by the county of Sonoma. Any items or materials designated by the county of Sonoma as unacceptable for disposal at such sites shall not be placed for collection by customers of the city garbage collector and the collector shall not pick up and deliver any such items or materials to the disposal sites. (Ord. 2000-7 § 3, 2000; Ord. 96-21 § 2, 1996).
7.08.111 Unacceptable materials.
Bulky items which cannot be readily placed in the containers used for garbage and rubbish as provided in SMC 7.08.050, discarded appliances and furniture shall not be placed for regular collection by customers of the city garbage collector. Customers may request special collections of such items in accordance with SMC 7.08.080. (Ord. 2000-7 § 4, 2000).
7.08.112 Hazardous waste.
Hazardous waste shall not be placed in containers for garbage, rubbish or yard waste for collection by customers of the city garbage collector. Customers may request special collections of hazardous waste from any firm certified or licensed to provide such services. (Ord. 2000-7 § 5, 2000).
7.08.113 Yard waste.
Whenever the city has provided for a yard waste collection program to be conducted by the city garbage collector, no person shall include such yard waste in containers designated for regular collection of garbage and rubbish. Yard waste shall be placed in separate containers approved for that purpose. (Ord. 2000-7 § 6, 2000).
7.08.120 Forfeit of garbage collector’s contract.
Any violation of this chapter by the city garbage collector shall entitle the city to cancel and terminate its contract or permit with the city garbage collector and to relet the contract or issue another permit, and any contract or permit entered into in pursuance of this chapter shall so provide. (Ord. 96-21 § 2, 1996).
7.08.130 Penalty for violation.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties provided in SMC 1.12.010; provided, however, that such penalty shall not be imposed upon any person for failure to pay to the city garbage collector the charges fixed by resolution of the city council as provided by this chapter for the removal of garbage or rubbish, but the garbage collector shall be entitled to recover the amount of such charges with interest and costs in a civil action from any person incurring and liable for the same under the provisions of this chapter; and provided further, that if the charges fixed for the collection and removal of garbage or rubbish shall not be paid to the city garbage collector within 10 days after demand for such payment after the same has become due as in this chapter; provided, the city garbage collector shall thereafter be under no obligation to collect or remove any garbage or rubbish from such premises until such charges have been paid in full. (Ord. 96-21 § 2, 1996).
7.08.140 Tampering with garbage prohibited.
No person, other than the owner thereof or persons properly in control thereof, shall tamper or meddle with any garbage or rubbish receptacles, or remove the contents thereof from the location where the same has been lawfully placed by the owner or person properly in control. No person shall deposit garbage or rubbish in a container owned by any other person without the consent of such owner, and no person shall remove any garbage or rubbish from any lot or parcel of land or premises either within or outside the city and deposit the same in rubbish or garbage containers owned or controlled by the city or any public agency. (Ord. 96-21 § 2, 1996).
7.08.150 Accumulations prohibited.
Every person occupying or having charge or control of any place of business where there is any accumulation of garbage shall cause the same to be removed therefrom or be disposed of in a lawful manner as often as reasonably necessary and at least once each calendar week. Every person occupying or having charge or control of other than a place of business where there is any accumulation of garbage shall cause the same to be removed or disposed of in a lawful manner at least once each calendar week. No person shall cause or allow combustible rubbish to accumulate at any place or on any premises under his charge or control for a period in excess of one calendar week, or permit or allow noncombustible rubbish to accumulate for a period in excess of two calendar weeks; provided, however, no rubbish shall be allowed to accumulate in violation of the Uniform Fire Code. If at any time garbage or rubbish accumulates on a property until it becomes a nuisance, the city may seek legal remedies for abating the nuisance at the expense of the owner or person in control of the property. (Ord. 96-21 § 2, 1996).
7.08.160 Burning regulations – Burying garbage or rubbish.
It is unlawful to burn, or cause to be burned, any garbage or rubbish within the city limits. It is unlawful to bury garbage or rubbish any place within the limits of the city, except for garden compost purposes; provided, that the composting of garbage and rubbish will not attract or aid in the breeding of flies, insects, rodents or other animals, or be the source of odor, annoyance to neighboring properties, or otherwise be injurious to public health or a fire hazard. (Ord. 96-21 § 2, 1996).
7.08.170 Enforcement authority.
The primary responsibility for enforcement of this chapter shall reside with the city manager. (Ord. 96-21 § 2, 1996).