Chapter 8.04
GARBAGE

Sections:

8.04.010    Definitions.

8.04.020    Accumulation – Refuse.

8.04.030    Accumulation – Garbage.

8.04.040    Accumulation – Commercial rubbish.

8.04.050    Disposal restricted.

8.04.060    Deposit in public place prohibited.

8.04.068    Mandatory garbage service.

8.04.070    Container specifications and locations.

8.04.080    Collection – Exclusive right.

8.04.090    Collection – Schedule – Contractor.

8.04.100    Collection – Interference prohibited.

8.04.110    Burning prohibited.

8.04.120    Unauthorized use of dumpster prohibited.

8.04.130    Collection – Rates.

8.04.150    Enforcement.

8.04.160    Penalty for violation.

8.04.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Commercial rubbish” means all the waste material under the term rubbish in this section and in addition thereto, shall include all clean combustible waste produced by office buildings, restaurants, stores, shops, hotels, theaters, public buildings or other similar facilities and business establishments.

B. “Contractor” includes and means for the purpose of this chapter any person, firm, corporation, or association, or the agents or employees thereof, with whom the city has duly contracted under the terms set forth in this chapter to collect, transport through the streets, alleys, or public ways of the city, and dispose of, garbage, wet garbage, and rubbish produced within the limits of the city.

C. “Garbage” means all vegetable, fruit and animal waste resulting from the cooking, handling, storage, sale, preparation, use or consumption of food, including discarded food containers.

D. “Garden refuse” means all leaves, grass cuttings, weeds, vines, shrubbery, and brush and tree trimmings.

E. “Premises” means all real property and/or any improvements situate thereon.

F. “Refuse” means all garbage, garden refuse, rubbish and all other waste material.

G. “Rubbish” means all matter, other than garbage as defined in this section, which has been discarded, rejected or abandoned or has become useless, or which, by its presence or accumulation, is, or may become, a menace to health or a fire hazard or otherwise dangerous or offensive. (Ord. 316 § 2, 1969)

8.04.020 Accumulation – Refuse.

It is unlawful for any person to deposit, keep or accumulate, or permit, cause or suffer, any refuse, rubbish, garbage, or commercial rubbish to be deposited, kept or accumulated upon any lot or parcel of land, or public or private place, street, lane, alley or drive, unless the same is kept, deposited or allowed to accumulate as provided for in this chapter. It is unlawful for the owner, occupant or person in charge of any premises to suffer, permit or allow any refuse, rubbish, garbage, or commercial rubbish to remain in, on, or under such premises for a period of more than seven days. (Ord. 316 § 2, 1969)

8.04.030 Accumulation – Garbage.

It is unlawful for any person owning or controlling any dwelling, flat, boardinghouse, lodginghouse, restaurant, hotel, apartment or eating house, store, shop, office or office buildings, or public buildings, or public institutions, to keep, accumulate, or permit to be kept or accumulated, any garbage in or upon any lot or parcel of land, or upon any public or private place, street, lane, alley, or drive, unless the same is kept in a watertight, metallic container or receptacle constructed and maintained in a manner as provided in this chapter. The receptacle shall at all times be maintained by the person in charge thereof in a place easily accessible to the collector of garbage and where it will not be a public nuisance or in any degree offensive. (Ord. 316 § 2, 1969)

8.04.040 Accumulation – Commercial rubbish.

It is unlawful for any person to keep or accumulate, or permit to be kept or accumulated, any refuse or commercial rubbish in Capitola unless the same is in containers which are either approved by the garbage franchise holder or commercially manufactured for such purpose. (Ord. 667 § 1, 1988; Ord. 316 § 2, 1969)

8.04.050 Disposal restricted.

It is unlawful for any person to place, deposit, keep or bury any garbage or swill on, in, or under any premises, except in containers as provided in this chapter. (Ord. 316 § 2, 1969)

8.04.060 Deposit in public place prohibited.

It is unlawful for any person to remove any refuse or commercial rubbish from a residence or commercial establishment and deposit the same in any public refuse container, or in any privately owned refuse container without the express consent of the person who is paying for collection service on the container. A public refuse can is any container maintained by the city for the use of the general public and located upon any street, sidewalk, park or right-of-way within the city. (Ord. 750 § 1, 1993; Ord. 667 § 2, 1988; Ord. 316 § 2, 1969)

8.04.068 Mandatory garbage service.

No person or entity shall rent or lease any property to another in Capitola for overnight habitation for any period of time for which garbage collection is not being provided from a company holding a garbage collection franchise. No real estate broker or salesperson shall arrange for such rentals without verifying that such service exists. No person shall reside in, or habitate overnight in, any residential property during any time for which garbage service from a company holding a garbage franchise in Capitola is not maintained for the premises. No business may be operated in Capitola without maintaining garbage collection service from a company holding a garbage collection franchise. (Ord. 907 § 1, 2006; Ord. 667 § 6, 1988)

8.04.070 Container specifications and locations.

A. It shall be the duty of every person in possession, charge or control of any premises upon which garbage or rubbish is produced to provide one or more containers of sufficient capacity to hold the accumulation between the times for the collection of garbage and rubbish as provided in Section 8.04.090. Each container shall be made of metal, plastic or other material of a similar nature and shall be watertight, equipped with handles and a tight-fitting cover with a handle. Each container shall be kept in a sanitary condition at all times by the user thereof. Each container shall be kept on the premises for which it is provided, except in those situations where the owner or tenant of a property has requested a waiver from the city of this requirement. Said waiver may be granted by the sanitary inspector of the city in cases of special need and upon a showing by the applicant that all other reasonable corrective measures have been explored or implemented.

B. The following occurrences are declared to constitute public nuisances:.

1. When garbage containers and/or garbage container storage areas, in commercial areas, are likely to be smelled by or seen by persons other than the owners, occupiers, or employees of the premises in question. For the purposes of this section, dumpster-type containers which are not shielded from public view by an enclosure shall, be deemed a nuisance unless waiver from this requirement has been granted in writing by a city enforcement officer upon a showing that no realistic alternative is available.

2. Such other conditions which, after inspection, are determined by any enforcement officer of the city to be detrimental to the public health, safety or welfare.

C. At such time as an enforcement officer determines a condition to constitute a public nuisance, he or she shall cause notice to be served as follows:

1. In the case of premises upon which a person of apparent authority is located during business hours, a copy of the notice shall be personally delivered to such person.

2. Additionally, a copy of the notice shall be mailed to the street address of the premises directed to the person legally entitled to be in control of the premises.

Such notice shall set forth a description of the condition which is found to be a public nuisance, shall set a time which, except in emergency situations, shall not be less than eight days within which the condition must be corrected or correction procedures of a satisfactory nature to the enforcement officer commenced. Any person dissatisfied with the determination of the enforcement officer may, within the time provided in the notice, appeal that determination to the city manager. The city manager shall conduct a conference attended both by the enforcement officer and the appellant. The appellant shall be given an opportunity to provide all relevant information and to comment upon the reasons and remarks of the enforcement officer. The city manager’s determination of whether or not the condition is a nuisance shall then be final. Upon the determination of a nuisance as provided in this sections, the city may avail itself of any civil remedies available by law. Additionally, failure to correct the condition within the time designated by the city manager or to have commenced and expeditiously carried forward the necessary correction activities shall constitute an infraction for each and every day the premises continue to be in violation.

D. Containers shall be placed out of public view on noncollection days. The city manager shall have the authority to approve exceptions to this code section. In no case shall containers be placed in the public right-of-way or in a manner that constitutes a hazard or danger to vehicular or pedestrian, traffic. (Ord. 928 § 1, 2008; Ord. 667 § 3, 1988; Ord. 477, 1980; Ord. 316 § 2, 1969)

8.04.080 Collection – Exclusive right.

A. Except as set forth in subsection B and elsewhere in this chapter, the city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagrations, reserves unto itself the exclusive right to collect, transport, haul and dispose of or cause to be collected, transported, hauled and disposed of, all refuse and recyclables produced or found within the corporate limits of the city. Therefore it is declared to be unlawful for any person, firm or corporation to collect, transport, haul or dispose of any garbage, rubbish, commercial rubbish or recyclables within or from the city except as expressly set forth in subsection B and elsewhere in this chapter.

B. Notwithstanding the prohibition set forth in subsection A, an owner or occupant of a residence or commercial premises may cause acceptable wastes and construction recyclables produced on his or her residential or commercial premises be collected and disposed of by a person hired by said owner or occupant. Such acceptable wastes and recyclables shall be disposed of only at a lawfully approved disposal area or sanitary landfill and shall be transported thereto only in a manner which will preclude the littering of public and private property.

C. Subsection B shall not be construed, interpreted or applied as authorizing any person other than a city franchisee to place or service drop boxes, dumpsters, or debris boxes within the jurisdictional limits of the city. Drop boxes, dumpsters and debris boxes may only be placed or serviced in the city by the city’s refuse collection franchisees. (Ord. 846 § 1, 2003; Ord. 667 § 4, 1988; Ord. 316 § 2, 1969)

8.04.090 Collection – Schedule – Contractor.

All refuse shall be collected, removed and transported from every occupied premises within the corporate limits of Capitola at least once each week, and at such other time or times as the street superintendent deems advisable or necessary for proper sanitation. (Ord. 667 § 5, 1988; Ord. 316 § 2, 1969)

8.04.100 Collection – Interference prohibited.

It is unlawful for any person, firm, or corporation, in any manner, to interfere with the collection, removal, or disposal of refuse or commercial rubbish by the contractor or city employees. (Ord 316 § 2, 1969)

8.04.110 Burning prohibited.

It is unlawful to:

A. Burn refuse on any sidewalk, street, alley, public way or public property;

B. Burn garbage;

C. No person shall kindle or maintain any bonfire or rubbish fire and no person in possession, charge or control of any premises shall authorize or permit any such fire to be kindled or maintained on said premises unless:

Fire is contained in a waste burner approved by the state and county air pollution control board. (Ord. 316 § 2, 1969)

8.04.120 Unauthorized use of dumpster prohibited.

No person may dispose of waste matter in any dumpster without the express permission of the person or entity responsible for paying the charges for disposal of the contents of the dumpster. For purposes of this section: “waste matter,” is defined in Penal Code Section 374(b); “dumpster” means any container, primarily made of metal, with a capacity of one cubic yard or greater and designed or used as a receptacle for the disposal of waste. (Ord. 750 § 2, 1993; Ord. 316 § 2, 1969)

8.04.130 Collection – Rates.

A. A charge shall be collected as provided by the provisions of this chapter from the occupants of all occupied premises within the limits of the city for services rendered or available for the collection of garbage, refuse and commercial rubbish.

B. The city or any garbage contractor entering into a contract with the city for the collection and disposal of garbage, refuse and commercial rubbish, shall receive no compensation for their services from the city but shall be entitled to the fees as established by the city council for the collection of refuse, said fees to be collected from the persons receiving service. The charges for regular and special refuse collection, removal, transportation and disposal services shall be fixed by the city council, from time to time by resolution. (Ord. 316 § 2, 1969)

8.04.150 Enforcement.

A. The city manager may designate one or more employees of the city as sanitary enforcement officers. Such enforcement officers may conduct such inspections as are necessary for enforcement of this chapter.

B. Written notice shall be personally served on the person in possession, charge or control of any premises on which there is found any accumulation of refuse, directing the collection and removal thereof within eight days from and after the date of service of the notice, and if not so collected and removed the city shall cause the same to be collected and the cost thereof shall be charged to the person in possession, charge or control of the premises.

C. No person shall deny or obstruct the making of any inspection or collection or removal. (Ord. 477, 1980; Ord. 316 § 2, 1969)

8.04.160 Penalty for violation.

Any person violating the provisions of this chapter shall be deemed to be guilty of an infraction. (Ord. 477, 1980; Ord. 316 § 2, 1969)