Chapter 5.28 GARBAGE AND RUBBISH

CHAPTER 5.28
GARBAGE AND RUBBISH¹

SECTION:

5.28.010: Definitions

5.28.020: Proper Storage Of Garbage And Rubbish

5.28.030: Collection And Transportation

5.28.040: Collection Requirements

5.28.050: Health And Safety Regulations

5.28.060: Collection Rates

5.28.010 DEFINITIONS:

For the purpose of this chapter, the following terms used herein are defined as follows:

COLLECTION:

The removal and transportation of garbage and rubbish by a collector from the place of delivery to a disposal facility approved under the collector’s agreement with the city.

COLLECTOR:

Any person, firm, corporation, or association, or the agents or employees thereof, with whom the city shall have duly contracted under the terms hereinafter set out in this chapter, or any person or business having an exclusive franchise agreement with the city, to collect, transport through the streets, alleys or public ways of the city, and dispose of garbage and rubbish produced within the city limits.

GARBAGE:

Means and includes kitchen and table refuse, offal, swill and also every other accumulation of animal and vegetable refuse and other matter that attends the preparation, consumption, decay or dealing in or storage of fish, meats, fowl, birds, fruits and vegetables, and any and all cookery, bottles, tin cans, and other refuse, except as hereinafter defined as "rubbish".

HAZARDOUS WASTE:

Any waste now or hereinafter classified as hazardous pursuant to applicable federal, state or local law.

RUBBISH:

Includes and means all waste and refuse matter, excepting garbage, which normally accumulates in and about places of human occupancy and commerce, including garden refuse. (1972 Code § 8.16.010)

5.28.020 PROPER STORAGE OF GARBAGE AND RUBBISH:

A. Receptacles Required: It is unlawful for any person to keep, accumulate, or permit to be kept or accumulated any garbage or rubbish upon any public or private premises or property except in receptacles and/or containers specified by resolution of the city council. Generally speaking, all such receptacles and/or containers shall be watertight, noncorrodible, nonabsorbent and durable. The city shall also specify standards for all containers to be collected by mechanical means. (1972 Code § 8.16.020)

B. Weight Limit: It is unlawful for any person to fill a receptacle and/or container as provided for in subsection A of this section so that said receptacle and/or container and its contents shall exceed a total weight specified by resolution of the city council. (1972 Code § 8.16.040)

5.28.030 COLLECTION AND TRANSPORTATION:

A. Transportation By Collector: It is unlawful for any person other than a collector to collect garbage or rubbish within the city for a fee or transport garbage or rubbish upon city streets. (1972 Code § 8.16.060)

B. Contract For Collection: A contract for the collection and disposal of garbage and rubbish may be entered into by the city in accordance with the terms and conditions of this chapter. The city council shall, by resolution, approve such contract and shall provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city. (1972 Code § 8.16.070)

C. Garbage And Rubbish Franchise:

1. The city may enter into an exclusive franchise agreement granting to one person or business the exclusive right to collect and/or transport, or cause to be collected or transported for a fee, all garbage and rubbish generated within the city or any portion thereof.

2. The franchise agreement shall provide detailed requirements for the management and disposal of garbage and rubbish in the city and provide for regulation of the fees to be collected under the exclusive franchise.

3. No person other than the exclusive franchisee of the city shall collect, transport or convey, or cause or permit to be collected, transported or conveyed on any city street, any garbage or rubbish for a fee or any consideration whatsoever, unless as otherwise specified in the franchise agreement.

4. Said franchise agreement may also include provisions for the source separation of materials for recycling for conveyance to duly permitted recycling facilities. (1972 Code § 8.16.075)

5.28.040 COLLECTION REQUIREMENTS:

A. Use Of Service: The following shall arrange for and have garbage and rubbish collection services as specified in this section and in the contract or franchisee award by the city, and shall pay the fees and rates for garbage and rubbish collection services as are established by resolution of the city council:

1. Owners or occupants of each and every single-family residential unit to which water and sewer service is provided;

2. Owners of each and every multiple-dwelling unit, occupied hotel, apartment house, motel, auto court, trailer park, or other such place or abode located in the city to which water and sewer service is provided;

3. Owners or occupants of each and every premises occupied for business, commercial, or industrial use to which water and sewer service is provided.

B. Times Of Collection; Placement Of Containers:

1. Not less than once every seven (7) days, the collector shall remove and dispose of all garbage and rubbish in the city.

2. All persons having any such garbage or rubbish shall place it in containers as prescribed in this chapter and shall place said containers in the location prescribed by the city and the collector at the time for collection.

3. No person in any manner shall interfere with the collection and disposal of garbage and rubbish.

C. Materials Exempted From Collection: The following materials may be exempted from the collection requirements set forth above:

1. Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping, or tree trimming contractor, as an incidental part of a total service offered by that contractor rather than as a hauling service;

2. Debris resulting from authorized demolition activities;

3. Animal waste and remains from slaughterhouses or butcher shops for use as tallow;

4. "Hazardous wastes", as defined in this chapter. (1972 Code § 8.16.080)

5.28.050 HEALTH AND SAFETY REGULATIONS:

The health officer, fire chief and city manager shall have power to establish rules and regulations not inconsistent with this chapter governing the accumulation, storage, collection and disposal of garbage and rubbish. All such rules and regulations may be reflected, as necessary, in any contract or franchise agreement for collection services. (1972 Code § 8.16.090)

5.28.060 COLLECTION RATES:

A. Rates Set By Resolution: All rates charged for the collection of garbage and rubbish shall be established by resolution of the city council, and incorporated into any contract or franchise agreement for collection services. (1972 Code § 8.16.100)

B. Garbage Service Charges:

1. Whenever the city, on behalf of itself or any contractor, collects the monthly collection charge established in subsection A of this section, said charges shall be collected by the city manager simultaneously with water and/or sewer charges and shall be payable in accordance with section 10.04.110 of this code.

2. Upon failure of any consumer billed to pay any collection service charge within the time required by section 10.04.110 of this code, such consumer shall be subject to the penalties and provisions set forth in section 10.04.120 of this code. (1972 Code § 8.16.110)