Chapter 8.08


8.08.010    Definitions.

8.08.020    Permit – Required.

8.08.030    County sanitary rules and regulations incorporated in this chapter.

8.08.040    Rates to be charged.

8.08.050    Garbage receptacles – Required – Placement.

8.08.060    Rubbish receptacles – Required – Placement.

8.08.070    Collection days.

8.08.080    Unauthorized persons prohibited to interfere with receptacles.

8.08.090    Unlawful deposits prohibited.

8.08.100    Violation – Penalty.

8.08.010 Definitions.

For the purpose of this chapter the following words are defined as set out in this section, unless it is apparent from their context that a different meaning is intended:

A. “Garbage” means dead animals of not more than 10 pounds weight each, and of every accumulation of animal, vegetable or other matter that attend the preparation, consumption, decay or dealing in, or storage of meats, fish, fowl, birds, fruits or vegetables. The term “garbage” does not include fish water or wastewater.

B. “Rubbish” means wood, leaves, dead trees or the branches thereof, chips, shavings, sawdust, woodenware, dodgers, printed matter, paper, pasteboard, grass, rags, straw, boots, shoes, hats, and all other combustible matter not included in this chapter under the term of “garbage.”

C. “Waste matter” means natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, brickbats, plaster, portland cement, crockery, queensware, glass, glassware, ashes, cinders, shells, metals, and all other noncombustible materials. (Ord. 52 § 1, 1960)

8.08.020 Permit – Required.

Any person, firm or corporation desiring a permit to collect garbage, rubbish or waste matter under the provisions of this chapter shall apply for the same to the city council. The city council shall have the authority to issue such permits and to formulate all reasonable rules and regulations relative to the same. Such permits shall be considered to be a contract between the city and the collector for the term of the permit. (Ord. 52 § 9, 1960)

8.08.030 County sanitary rules and regulations incorporated in this chapter.

Nothing in this chapter shall be held to be in conflict with the rights of the county health officer to establish sanitary rules and regulations pertaining to the subject matter of this chapter; and such rules and regulations, when published, shall become and are made a part of this chapter, and any person violating any one of such rules shall be punished as for a violation of this chapter. (Ord. 52 § 8, 1960)

8.08.040 Rates to be charged.

A. Maximum garbage and refuse fees shall be specified by ordinance, resolution or other lawful order of the city council.

B. The franchised garbage collector shall furnish and maintain all containers at his sole cost and expense.

C. Provisions pertaining to the application for garbage and refuse collection service, deposit requirements, payment and collection of bills, discontinuance of service and transfer of service to a new address are contained in Chapter 13.10 EMC. (Ord. 536 § 3, 2012; Ord. 434 § 2, 1997; Ord. 412 § 1, 1995; Ord. 323 § 1, 1989; Ord. 288 § 1, 1987; Ord. 264 § 1, 1986)

8.08.050 Garbage receptacles – Required – Placement.

It shall be the duty of every tenant, lessee or occupant of any private dwelling house and of the keeper of every hotel, restaurant, eating house, boardinghouse or other buildings where meals are furnished and of the owners of every furnished flat or apartment house, and of every person having garbage to provide without expense to the city, and at all times to keep within the building or on the lot on which the building is situated suitable and sufficient watertight cans or receptacles with suitable and sufficient bales or handles, and each having a tight-fitting cover, for receiving and holding without leakage, or escape of odors, and without being filled to within four inches of the top, all garbage which would ordinarily accumulate on the premises in one week’s time; and shall be so placed as to be readily accessible for removing and emptying the material therefrom by the collectors, and where they will not be a public nuisance or in any degree offensive. Such garbage cans or receptacles must be emptied by the collectors at least once a week. Cans or receptacles for garbage, from private dwelling houses, from each flat and from each apartment house, shall each have a capacity of not less than 10 gallons, nor more than 30 gallons, and cans or receptacles for garbage at all other places shall have a capacity of not less than 10 gallons, nor more than 60 gallons. No can or receptacle for receiving garbage, rubbish or waste matter shall be placed on or in any street, alley, sidewalk or any public place whatsoever, except in accordance with rules and regulations established under this chapter for the collection of the same. It is unlawful to keep, place or deposit garbage, rubbish or waste matter on any private grounds or premises whatsoever, except in cans or receptacles as designated in this chapter. (Ord. 52 § 2, 1960)

8.08.060 Rubbish receptacles – Required – Placement.

It shall be the duty of every tenant, lessee and occupant of every private dwelling house and of the keeper of every hotel, restaurant, eating house, boardinghouse, apartment house or other building where rubbish will accumulate, to provide boxes, barrels or other receptacles to be kept on the premises sufficient to hold the rubbish which would ordinarily accumulate on such premises in one week’s time, and all rubbish accumulating on the premises shall be placed in such boxes, barrels or other receptacles. The boxes, barrels or receptacles shall be so placed as to be readily accessible to the collector for the removal of rubbish therefrom. Not one of the boxes, barrels or receptacles shall have a capacity exceeding 100 gallons. (Ord. 52 § 3, 1960)

8.08.070 Collection days.

For the purpose of said collection, the city council may fix a day or days on which the collections shall be made. (Ord. 52 § 6, 1960)

8.08.080 Unauthorized persons prohibited to interfere with receptacles.

At such times as there is in force a contract entered into by the city with any person, firm or corporation for the collection of garbage, rubbish and waste matter in the city, it shall be unlawful for any persons other than the persons in the employ of the contractor having the contract to collect any garbage, rubbish or waste matter within the city, or to interfere in any manner with any receptacle containing garbage, rubbish or waste matter or the contents thereof, or to remove any such receptacles from the place where the same are located by the owner or lessee thereof, or to remove the contents of such receptacles. (Ord. 155 § 1, 1975; Ord. 52 § 5, 1960)

8.08.090 Unlawful deposits prohibited.

It is unlawful for any person in the city to throw or deposit any garbage, rubbish or waste matter, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or in or upon any vacant lot, or backyard (except bricks, brickbats, cement, plaster, stones, gravel and soil, and these only under permit); or to store or keep garbage or rubbish otherwise than in cans or receptacles, as required by EMC 8.08.050 and 8.08.060; and it is unlawful to have, store, deposit or keep garbage where rats can have access thereto, or feed thereon. Each day’s violation of this section shall be treated and considered and the same shall be a separate and distinct offense. (Ord. 52 § 4, 1960)

8.08.100 Violation – Penalty.

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 52 § 10, 1960)