Chapter 8.08
GARBAGE AND REFUSE1

Sections:

Article I. In General

8.08.010    Definitions.

8.08.020    Violation of this chapter.

Article II. Collection

8.08.030    Storage of refuse in receptacles.

8.08.040    Tampering with receptacles.

8.08.050    Placement of hazardous materials in receptacles prohibited.

8.08.060    Period of accumulation.

8.08.070    Right of entry to inspect and enforce.

8.08.080    Exclusive right of City.

8.08.090    Authority of City to contract for collection.

8.08.100    Exclusive right of contractor.

8.08.110    Frequency of collection – Special collections.

8.08.120    Unauthorized persons prohibited from collecting.

8.08.130    Disposal of refuse by producer of own accumulations.

8.08.140    Payment of collection charges.

8.08.150    Rates for collection.

8.08.160    Universal mandatory collection service.

8.08.170    Placing receptacles for collection.

8.08.180    Collection of refuse from City-owned buildings and property.

8.08.190    Contractor’s payment to City.

8.08.200    City Manager to adopt rules and regulations.

8.08.210    Depositing, etc., garbage, etc., in public places.

8.08.220    Open places used for waste disposal – Deemed nuisance.

8.08.230    Open places used for waste disposal – Constructing, maintaining, etc., prohibited.

8.08.240    Open places used for waste disposal – Enforcement.

8.08.250    Sidewalks to be kept clean.

8.08.260    Rat, etc., harborage – Prohibited.

8.08.270    Rat, etc., harborage – Rubbish to be kept elevated to prevent.

Article I. In General

8.08.010 Definitions.

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

“Contract agent” means any agent or employee of the City or 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 and under the provisions of the laws of the state, with amendments thereto, to collect, transport through the streets, alleys or public ways of the City, and dispose of rubbish and garbage produced within the limits of the City.

“Debris” means brick, mortar, wood, glass and other discarded refuse incident to the construction, demolition or alteration of any building or structure.

“Debris box” means a receptacle utilized solely for the accumulation of discarded refuse incident to the construction, demolition or alteration of any building or structure.

“Garbage” shall mean and include kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay, or dealing in or storage of meats, fish, fowl, birds, fruits and vegetables. It shall also include crockery, bottles, tin vessels, ashes, and all refuse save and excepting as herein defined as rubbish or debris.

“Person” means any person, firm or corporation, acting as principal, agent or officer, servant or employee, for himself, or for any other person, firm or corporation.

“Place of business” shall mean any hotel, motel, trailer park, restaurant, market, hospital, or any business, commercial or industrial establishment where there is any accumulation of garbage, refuse, rubbish or debris.

“Receptacle” means any heavy plastic or galvanized metal box, can, barrel, bin or similar type container approved by the City Manager for the accumulation of garbage, rubbish or debris.

“Refuse” shall mean garbage, rubbish and debris as well as all other matter and materials which are rejected by owners or producers thereof as offensive or useless, and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community by increasing disease or hazard by fire.

“Rubbish” shall include and mean all combustible and noncombustible waste and refuse matter, excepting garbage and debris ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, places of business and public buildings. Among other things, it shall include any refuse matter having any salvage value and shall include tree trimmings cut in lengths not to exceed three feet or two inches in diameter, grass cuttings, dead plants, weeds and leaves. The term “rubbish” shall not include discarded appliances, furniture, material held by the owner to be salvaged and other bulky items which cannot and will not be readily placed in the receptacle provided by contractor.

“Rubbish, combustible” includes all rubbish which will burn upon contact with flames in ordinary temperature. All rubbish other than “combustible rubbish” shall be considered as “noncombustible rubbish.”

“Standard garbage receptacle” means a water-tight can with a close-fitting cover, side bale handles and having a capacity of 30 gallons or less. The cover shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein. (Ord. 578 § 3; Ord. 482 § 1. Code 1964 § 9-1.)

8.08.020 Violation of this chapter.

It shall be unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any refuse to be deposited, kept or accumulated upon any public or private place, lane, street, alley, or drive, except in accordance with this chapter. Any violation of this chapter shall be an infraction and a public nuisance and may be punished or enforced in accordance with Chapter 1.12 HMC. A subsequent violation of this chapter by the same person or persons within a 12-month period may be charged and prosecuted as a misdemeanor. Any enforcement officer, including those defined in HMC 1.12.050, shall have the duty and authority to enforce the provisions of this chapter pursuant to Chapter 1.12 HMC. (Ord. 996 § 2, 2002; Ord. 578 § 3; Ord. 482 § 2. Code 1964 § 9-2.)

Article II. Collection2

8.08.030 Storage of refuse in receptacles.

It shall be unlawful and a public nuisance for any person to keep, accumulate or permit to be accumulated any refuse upon any lot or parcel of land, or on any public or private lane, place, street, alley, or drive, unless kept in a receptacle designed for storing the same. All receptacles containing refuse shall be kept closed except when necessarily opened to permit refuse to be taken therefrom or deposited therein. (Ord. 996 § 3, 2002; Ord. 578 § 3; Ord. 482 § 2. Code 1964 § 9-3.)

8.08.040 Tampering with receptacles.

It shall be unlawful and a public nuisance for any person, other than the owner or lawful possessor or an authorized agent of the owner or lawful possessor, to tamper or meddle with any receptacle, or to remove the contents thereof from the location where the same shall have been placed by such owner, lawful possessor, or authorized agent of either of them. (Ord. 996 § 5, 2002; Ord. 578 § 3. Code 1964 § 9-4.)

8.08.050 Placement of hazardous materials in receptacles prohibited.

It shall be unlawful and a public nuisance for any person to place, store or accumulate any hazardous material(s) in a receptacle. A violation of this section shall be a misdemeanor and a public nuisance and may be punished or enforced in accordance with Chapter 1.12 HMC. The term “hazardous material,” as used in this section, shall mean any material or waste as defined in Chapter 6.5 of Division 20 of the California Health and Safety Code. To the extent that disposal, placement, storage or accumulation of hazardous waste is otherwise subject to regulation and enforcement by federal or state law, this section shall be inapplicable. (Ord. 996 § 6, 2002. Code 1964 § 9-5.)

8.08.060 Period of accumulation.

A.    Every person occupying or having charge or control of any place of business dealing in perishable food commodities, including, but not limited to, hotels, restaurants, fruit and vegetable markets, fish markets and meat markets, shall cause all garbage to be removed or disposed of daily except Sunday.

B.    Except as provided in subsection (A) of this section, every person occupying or having charge or control of any place or premises where there is any accumulation of garbage shall cause the same to be so removed or disposed of at least once each calendar week.

C.    No person shall cause or permit 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 or debris to accumulate thereat for a period in excess of one calendar month. (Ord. 578 § 3. Code 1964 § 9-6.)

8.08.070 Right of entry to inspect and enforce.

The City Manager, or his/her authorized designee, and all members of the police department and fire department shall have the power to enforce the provisions of this chapter, and shall have the right, upon the issuance of a judicial warrant or in an emergency situation, to enter and inspect, at any reasonable time, any premises to investigate suspected or reported violations of this chapter. The right to enter and inspect premises shall not include the interior of private dwelling units or residences. Any enforcement officer, including those defined in HMC 1.12.050, shall have the duty and authority to enforce the provisions of this chapter pursuant to Chapter 1.12 HMC. (Ord. 996 § 7, 2002; Ord. 578 § 3; Ord. 482 § 8. Code 1964 § 9-7.)

8.08.080 Exclusive right of City.

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, rubbish and debris within the City shall vest in the City, and it shall be unlawful for any person, except as otherwise provided in this article, to collect or remove garbage, rubbish, refuse or debris within the City. (Ord. 578 § 3; Ord. 482 § 10. Code 1964 § 9-8.)

8.08.090 Authority of City to contract for collection.3

For the collection and disposal of garbage, rubbish and/or debris, a contract for a period not to exceed 10 years may be entered into by the City in accordance with and subject to the terms and conditions of this article. (Ord. 578 § 3; Ord. 538 § 1; Ord. 515 § 1; Ord. 482 § 9. Code 1964 § 9-9.)

8.08.100 Exclusive right of contractor.

At such time as there is in force a contract entered into by the City with any person for the collection of garbage, rubbish and refuse in the City, it shall be unlawful for any person, other than the contractor or the persons in the employ of any person having such contract, to collect or transport any garbage, refuse or rubbish within the boundaries of the City, including future annexations, except as provided herein. (Ord. 578 § 3. Code 1964 § 9-10.)

8.08.110 Frequency of collection – Special collections.

All garbage and rubbish shall be removed by the City or the contract agent at regular intervals on the same day or days of the week unless otherwise directed by the City health officer. When directed by the City health officer, it shall be the duty of any contract agent to immediately call at any premises in the City, to which he may be directed by the health officer and where garbage, rubbish and debris is placed, and there collect and remove such matter or any part thereof as directed by the health officer. The owner of such premises shall pay the contract agent for the removal of such garbage, rubbish or debris. (Ord. 578 § 3; Ord. 482 § 3. Code 1964 § 9-11.)

8.08.120 Unauthorized persons prohibited from collecting.

It shall be unlawful for any person to remove or convey, or cause to be removed or conveyed, any garbage, rubbish or refuse upon or along any public street, alley or other public place in the City or otherwise dispose of any garbage or rubbish in the City, other than the City or its duly authorized contract agent, as such term is so defined in this chapter, assigned to the work of garbage or rubbish removal, or any person or persons with whom the City has entered into a contract for the exclusive collection, removal and disposal of garbage or rubbish, or an employee, agent or servant of such contract agent, during such time as such contract shall be in force. (Ord. 578 § 3; Ord. 482 § 11. Code 1964 § 9-12.)

8.08.130 Disposal of refuse by producer of own accumulations.

Subject to HMC 8.08.160 requiring mandatory collection service, any producer of garbage, debris, rubbish, or refuse may personally haul the same in a vehicle owned by, or in the lawful possession of, the producer to a lawful disposal site outside of the City limits. Any such hauling and disposal of garbage, debris, rubbish, or refuse by the producer thereof shall be subject to all conditions and regulations that may be imposed from time to time by the City Manager, or his/her authorized designee, relating to the hauling and disposition of garbage, debris, rubbish, or refuse. However, this section is permissive and does not relieve any owner or occupants of property of the requirements of compliance with HMC 8.08.160 making regular garbage collection service mandatory. The provisions of this chapter shall not be applicable to hauling and disposition by the City of Healdsburg, or any employee, agent, or authorized representative of the City of Healdsburg, of any refuse, waste, or other materials that have been lawfully removed from City property or from or near a public right-of-way. (Ord. 996 § 8, 2002; Ord. 578 § 3; Ord. 482 § 7. Code 1964 § 9-13.)

8.08.140 Payment of collection charges.

All charges for the collection and removal of garbage and rubbish shall be due and payable to the contract agent monthly and in advance on the first of each month, and if such monthly charges are not paid by the twentieth day of each month, the contract agent will have the right to discontinue service. (Ord. 578 § 3; Ord. 482 § 6. Code 1964 § 9-14.)

8.08.150 Rates for collection.

The City Council shall establish all rates for the collection of garbage, trash and refuse within the City limits by resolution. Such resolution may be amended from time to time upon a finding that:

A.    The presently existing rates are insufficient to cover the costs of collection of such garbage, thrash and refuse.

B.    The proposed new rates are reasonable and the minimum that can be established to ensure prompt and efficient removal of garbage, trash and refuse.

C.    The proposed new rates are necessary for the health and safety of the community. (Ord. 733 § 2, 1983. Code 1964 § 9-15.)

8.08.160 Universal mandatory collection service.

All owners and occupants of property, and all producers of debris, rubbish, garbage or refuse, located within the City limits of Healdsburg shall be required to receive regularly scheduled garbage and refuse service as provided by the City of Healdsburg through its garbage franchise award, and shall be liable for the cost of such service at the rates established by City Council resolution adopted under HMC 8.08.150. (Ord. 996 § 9, 2002; Ord. 809 § 1, 1987; Ord. 733 § 2, 1983. Code 1964 § 9-16.)

8.08.170 Placing receptacles for collection.

All receptacles shall be kept in a place easily accessible to the collector but where they will not be a public nuisance or in any degree offensive, nor shall any receptacle be regularly stored upon any public street, alley, sidewalk, footpath or any public place whatever.

The contract agent is responsible to remove only garbage and rubbish which is placed in a receptacle. Lawn clippings, brush, plants, leaves, weeds, and tree trimmings cut in lengths not to exceed three feet, placed at the curb or the edge of the roadway shortly prior to the time set for collection in disposable containers or tied in bundles shall also be removed by the contract agent. (Ord. 578 § 3. Code 1964 § 9-17.)

8.08.180 Collection of refuse from City-owned buildings and property.

The contractor shall collect and dispose of, free of charge, at places designated by the City Manager, the garbage and rubbish produced at premises owned and controlled by the City in its official capacity. The contractor shall also provide bins, free of charge, for City-owned properties. (Ord. 578 § 3. Code 1964 § 9-18.)

8.08.190 Contractor’s payment to City.

The contractor may, in addition to HMC 8.08.180, agree to pay to the City a fee for the right of collecting and disposing of refuse in the City. This fee may be in lieu of any business license fee required. (Ord. 578 § 3. Code 1964 § 9-19.)

8.08.200 City Manager to adopt rules and regulations.

The City Manager shall make such rules and regulations as are not inconsistent with the provisions of this article, and as may be necessary, reasonable and proper to effect the proper, expedient, economical and efficient collection and removal of garbage and refuse under the provisions of this article. (Ord. 578 § 3. Code 1964 § 9-20.)

8.08.210 Depositing, etc., garbage, etc., in public places.4

No person shall throw, deposit or conduct any dead animal or part thereof, garbage, offal, fish, vegetables or any filthy liquid or substance upon any lot, ground or place within the City. (Ord. 4 § 26. Code 1964 § 10-1.)

8.08.220 Open places used for waste disposal – Deemed nuisance.

Open settling beds, filtering beds, holes, sumps, tanks, ponds, excavations, earth- or wooden-diked pools or similar open places used for the disposal of or containing vegetable waste, fruit waste or liquid waste, including industrial waste containing peelings or particles of fruit, peelings or particles of vegetables and water or liquids coming from the washing, cooking or preparation of fruit or vegetable or waste materials of a similar nature, within the City are hereby declared to be a public nuisance. (Ord. 303 § 2. Code 1964 § 10-2.)

8.08.230 Open places used for waste disposal – Constructing, maintaining, etc., prohibited.

No person shall construct, build, operate or maintain any open settling bed, filtering bed, hole, sump, tank, pond, excavation, earth- or wooden-diked pool or similar open place used for or intended to be used for the depositing, disposal, settling, dissolving or elimination of vegetable waste, fruit waste, vegetable peelings or washings, fruit peelings or washings and liquids emanating from the washing of vegetables or fruits, or any other fruit or vegetable matters, refuse or waste materials and liquids resulting from the preparation, processing, canning, drying, dehydrating or otherwise treating any fruits or vegetables, within the City. (Ord. 303 § 3. Code 1964 § 10-3.)

8.08.240 Open places used for waste disposal – Enforcement.

Every person who maintains, permits or allows such public nuisance as described in HMC 8.08.220 and 8.08.230 to exist upon his property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows such public nuisance to exist thereon, after reasonable notice in writing from a City or county health officer or the district attorney or the City attorney to remove, discontinue or abate the same has been served upon such person is guilty of a violation of this chapter.

It is hereby made the duty of the City attorney to prosecute all persons guilty of violating this article by continuous prosecutions until the nuisance is abated and removed. (Ord. 303 § 4. Code 1964 § 10-4.)

8.08.250 Sidewalks to be kept clean.5

Every person shall keep the sidewalk in front of his or her house, place of business or premises in a clean and wholesome condition, and no person shall dust, sweep or beat any carpet, rug or other light material on the street or sidewalk. (Ord. 4 § 30. Code 1964 § 10-5.)

8.08.260 Rat, etc., harborage – Prohibited.6

No person shall maintain any building, lot, premises, vehicle or other place in such an unsanitary condition as to permit the breeding or harboring therein of flies, rats, bedbugs, cockroaches, lice, fleas or any vermin. (Ord. 285 § 2. Code 1964 § 10-6.)

8.08.270 Rat, etc., harborage – Rubbish to be kept elevated to prevent.

No person shall permit an accumulation of rubbish material that may serve as a harborage for rats, unless such material is elevated not less than 18 inches above the ground with a clear intervening space thereunder. (Ord. 285 § 2. Code 1964 § 10-7.)


1

For provisions pertaining to building regulations, see Chapter 15.04 HMC. As to food and food products, see Chapter 8.04 HMC. For prohibition against depositing trash in streets, see HMC 12.04.050.


2

For state law as to garbage and refuse disposal generally, see Health and Safety Code § 117575 et seq.


3

For state law as to authority of cities to enter into garbage and rubbish disposal contracts, see California Public Resources Code § 40000 et seq.


4

As to fire prevention, see Chapter 15.08 HMC. As to streets and sidewalks, see Chapter 12.04 HMC.


5

As to streets and sidewalks, see Chapter 12.04 HMC.


6

For state law as to premises infested with rodents, see Health and Safety Code § 116100 et seq. and § 2803.