Chapter 8.16
REFUSE COLLECTION1

Sections:

8.16.010    Title.

8.16.020    Definitions.

8.16.030    Tampering.

8.16.040    Storage of refuse.

8.16.050    Unauthorized accumulation of refuse.

8.16.060    Scattering of refuse.

8.16.070    Burning refuse.

8.16.080    Containers – Requirements.

8.16.090    Containers – Garbage and waste.

8.16.100    Containers – Refuse.

8.16.110    Containers – Placement location.

8.16.120    Containers – Date and time of placement.

8.16.130    Containers – Supervision by owner.

8.16.135    Containers – Damage by City agent.

8.16.140    Special collection – Nonconforming refuse.

8.16.150    Special collection – Contagious disease refuse.

8.16.160    Special collection – Inflammable, explosive or radioactive refuse.

8.16.170    Rules and regulations.

8.16.180    Dead animals.

8.16.190    Violations.

8.16.200    Collection – City right.

8.16.210    Collection – Exempt persons.

8.16.220    Collection – Selection of City agent.

8.16.230    Rates and charges – Schedule.

8.16.240    Rates and charges – When payable.

8.16.250    Rates and charges – Collection.

8.16.260    Rates and charges – Delinquent charges.

8.16.270    Exemption from service.

8.16.280    Rates or charges a debt.

8.16.290    Unlawful act.

8.16.300    Disposal.

8.16.310    Transfer of refuse.

8.16.320    Use of vehicles.

8.16.330    Appropriation of funds.

8.16.340    Violation.

8.16.010 Title.

This chapter shall be known as the “Refuse Collection Ordinance of the City of Lake Elsinore.” [Ord. 810 § 1, 1987].

8.16.020 Definitions.

The following words and phrases, for the purpose of this chapter, are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:

“By-products” means and includes:

1. All material produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery;

2. All material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration;

3. All material which the owner or producer thereof can, due to its nature, have removed from his premises without cost to him;

4. All such materials as the City Council, by resolution, designates as by-products;

“City agent” means any person or corporation, or the employee or agent thereof, with whom the City may contract for the collection and/or disposal of garbage, rubbish, and other refuse;

“Combustible rubbish” means dry leaves or brush, paper, pasteboard, Christmas trees, carpet, rags, clothing, books, hair, hides, boots, shoes, straw and combustible packing, barrels, boxes, furniture and similar articles which will incinerate through contact with flames of ordinary temperature;

“Container” means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding garbage, food-plant waste, market greens, and market refuse;

“Corporations,” as hereinafter used, means and includes corporations, copartnerships, and all business enterprises, associations or organizations, however designated;

“Food-plant waste” means all garbage from places of business, resulting from the manufacture of food or drink to be consumed elsewhere than on the premises;

“Garbage” means all animal and vegetable refuse from kitchen or household waste, which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food;

“Junk” includes worn-out and discarded materials which may be turned to some use, but shall not include rubbish, by-products, or salvage;

“Market greens” means and includes all garbage which is leafy vegetable matter, such as lettuce trimmings, carrot tops, corn husks, and the like, from places of business;

“Market refuse” means and includes decayed and unsound meat, fish, fruit and vegetables other than market greens, and any other animal and vegetable refuse from places of business;

“Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans and metallic substances which will not incinerate through contact with flames of ordinary temperature;

“Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital, or any professional, commercial or industrial establishment where there is an accumulation of refuse;

Refuse. When the term “refuse” is used singly in this chapter, it means and includes any and all types of rubbish, refuse, garbage or waste material defined in this section.

“Salvage” includes rubbish, from which articles of value or materials of value, may be extracted, segregated, removed or developed;

“Transfer station” means the site where collected refuse may be transferred to vehicles which will haul the refuse to a disposal site. [Ord. 810 § 1, 1987].

8.16.030 Tampering.

All garbage, rubbish, and other refuse, whether combustible or noncombustible, including but not limited to paper, cardboard, metal, and like salvage material, when placed by the owner thereof outside of the building or structure wherein said material was produced, accumulated or found, shall be considered as having been placed in said area by the owner or his authorized representative for collection and disposal by the City agent, and any removal, tampering or disturbance of said material by any person other than the owner or his authorized representative, or any person holding a permit from the City Manager or the City agent authorizing the removal thereof, or the City agent, is a violation of this provision and shall be punishable as hereinafter provided. [Ord. 810 § 1, 1987].

8.16.040 Storage of refuse.

No person shall dump, deposit, place or bury in or upon any lot, land, street, alley or public place, any garbage, rubbish, or other refuse, except it be in proper containers or receptacles, nor shall any person dump, deposit, place or throw any garbage, rubbish, or other refuse in any creek, stream, water, or waterway within the City; provided, that express approval to store or dispose of refuse in this manner may be given by the City Manager where circumstances so warrant. [Ord. 810 § 1, 1987].

8.16.050 Unauthorized accumulation of refuse.

Any unauthorized accumulation of refuse on any premises is a nuisance and is prohibited, and failure to remove any existing accumulation of refuse within 30 days after the effective date of the ordinance codified in this chapter is a violation thereof. [Ord. 810 § 1, 1987].

8.16.060 Scattering of refuse.

No person shall cast, place, sweep or deposit anywhere within the City any garbage, rubbish, or other refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, storm drain, parkway, or any other public place, or into any occupied premises within the City. [Ord. 810 § 1, 1987].

8.16.070 Burning refuse.

Combustible rubbish may be burned in the City; provided, that a written permit to burn said rubbish is obtained in advance from the Fire Department; and provided further, that the terms and conditions of the permit to burn are complied with.

No person shall burn any other refuse in the City at any time. [Ord. 810 § 1, 1987].

8.16.080 Containers – Requirements.

All containers used for the reception and removal of refuse shall be constructed of a durable material such as metal, plastic, processed cardboard, or material of similar strength. Containers which do not meet these requirements may be considered refuse and may be removed by the City agent.

When refuse, either from residents or from places of business, is of such nature that it cannot be placed in a container, it shall be carefully placed beside the refuse container(s) in securely tied bundles under 40 pounds of weight. Tree limbs, trunks, hedge cuttings, brush, and lumber shall not exceed four feet in length.

The City agent may waive the capacity limitation where covered bins are provided. [Ord. 810 § 1, 1987].

8.16.090 Containers – Garbage and waste.

Garbage, food-plant waste, market greens, market refuse, and other refuse containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a container or receptacle.

Refuse of the type set forth in this section shall be placed in a container or receptacle separate from other types of refuse, and said container or receptacle shall have a capacity of not less than 10 gallons and not more than 30 gallons.

The City agent may waive the capacity limitation where covered bins are provided. [Ord. 810 § 1, 1987].

8.16.100 Containers – Refuse.

Except as provided in LEMC 8.16.090, all refuse containers and receptacles shall not exceed a total weight of 65 pounds when filled and set out for collection and shall be of such design and dimensions to be reasonably handled. [Ord. 810 § 1, 1987].

8.16.110 Containers – Placement location.

The container or receptacle for the purpose of collection and removal of refuse shall be placed on the curb in front of the premises occupied by the person depositing same; provided, that if the premises adjoin an alley, the container or receptacle shall be located at the side of the alley nearest the premises; and provided further, that the City agent may designate some other location for the placement of a container or receptacle where such placement will expedite collection.

No person shall place a container or receptacle, or any refuse, in a public street or alley, except as hereinabove provided. [Ord. 810 § 1, 1987].

8.16.120 Containers – Date and time of placement.

No person shall place, or cause to be placed, any refuse, or container or receptacle for refuse, in any public highway, or at any time other than the days established for the collection of such refuse on the particular route involved.

Refuse, or a container for refuse, shall be placed as hereinabove provided between 6:00 p.m. of the date prior to the collection date and 5:00 a.m. of the collection date.

All containers shall be removed from the place of collection within 12 hours after said containers have been emptied. [Ord. 810 § 1, 1987].

8.16.130 Containers – Supervision by owner.

Each owner, occupant, tenant, or lessee of a house or building used for residential, business or commercial purposes shall maintain supervision and surveillance over the refuse containers on his premises, and if the containers should not be emptied and the contents removed on the date and time scheduled by the City agent, he shall immediately notify the City agent. It shall be the duty of said agent to forthwith arrange for the collection and disposal of said refuse. [Ord. 810 § 1, 1987].

8.16.135 Containers – Damage by City agent.

The City agent shall be responsible for damage to containers caused by the City agent, his employees or his agents. Any claim for damages must be submitted to the City agent concurrently with the City within 30 days of the alleged occurrence. In no way shall the City be responsible for any damage of any type caused by the City agent, his employees or his agents.

Said agent to forthwith arrange for the collection and disposal of said refuse. [Ord. 810 § 1, 1987].

8.16.140 Special collection – Nonconforming refuse.

Junk, salvage, and other refuse which exceeds the limitations herein-before set out may, at the discretion of the City agent, be scheduled for special collection upon the application of the owner of said refuse. Special collection charges may be assessed by the City agent for this service. [Ord. 810 § 1, 1987].

8.16.150 Special collection – Contagious disease refuse.

The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer, and such refuse shall neither be placed in containers nor left for regular collection and disposal. [Ord. 810 § 1, 1987].

8.16.160 Special collection – Inflammable, explosive or radioactive refuse.

Highly inflammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the Fire Department at the expense of the owner or possessor of the material. [Ord. 810 § 1, 1987].

8.16.170 Rules and regulations.

The City Manager shall have the authority to make such other reasonable rules and regulations concerning individual collection and disposal, and relating to the hauling of refuse or by-products over City streets by private persons, or relating to the operation of a transfer section, as he shall find necessary, subject to the right of appeal from his order to the City Council. [Ord. 810 § 1, 1987].

8.16.180 Dead animals.

No person shall place or deposit the body of any dead animal, fowl, reptile or fish upon public property.

Upon the order of the City, the City agent shall promptly remove the carcass of any dead animal, fowl, reptile, or fish to such places as shall be designated by the Health Officer.

Charges for the removal of said body shall be fixed by the City agent and shall be paid by the City, but only if removal was ordered by the City. [Ord. 810 § 1, 1987].

8.16.190 Violations.

The City agent shall not be required to remove refuse from the premises of any person who is in violation of any section of this chapter; provided, that whenever refuse is not collected, the City agent shall firmly attach to the container of said person a tag, at least two and one-eighth inches by five and three-fourths inches in size, upon which he shall indicate the reason for his refusal to collect said refuse, with reference to the provisions of this code or rules and regulations which form the basis for his refusal. [Ord. 810 § 1, 1987].

8.16.200 Collection – City right.

The City, in order to more effectually promote and protect the public health and safety and to reduce the danger and hazards of fire and conflagrations, reserves unto itself or its designated City agent or agents, the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse produced or found within the corporate limits of said City. It is unlawful for any person, firm, or corporation, except as provided in this chapter, to collect, transport or dispose of any refuse within the City. [Ord. 810 § 1, 1987].

8.16.210 Collection – Exempt persons.

The collection, removal and disposal of all refuse shall be performed exclusively by the City or by the City agent or agents; provided, that the following persons shall be exempt from the provisions of this section:

A. Any employee of the City who acts within the scope of his employment;

B. A person engaged in the business of gardening or landscaping, when removing and disposing of garden trimmings incident to said business;

C. Any person licensed by the City to remove and dispose of specific refuse. [Ord. 810 § 1, 1987].

8.16.220 Collection – Selection of City agent.

The City Council shall select and enter into a contract with a qualified person(s) or corporation(s) engaged in the business of removing and disposing of refuse, and said person(s) or corporation(s) selected shall be known as the City agent(s) pursuant to this chapter. [Ord. 810 § 1, 1987].

8.16.230 Rates and charges – Schedule.

The rates and charges for refuse collection and disposal shall be established annually by resolution of the City Council; provided, that such charges shall take effect 30 days after the passage of said resolution. [Ord. 810 § 1, 1987].

8.16.240 Rates and charges – When payable.

Rates and charges shall be payable in advance on the first day of each month; provided, that special charges shall be due and payable when the service is rendered.

Rates and charges for service commenced during a month shall be payable in advance on a pro rata basis. For purposes of prorating, only periods in excess of 15 days shall be used. [Ord. 810 § 1, 1987].

8.16.250 Rates and charges – Collection.

Collection shall be accomplished by direct billing from the City, or at the option of the Council, the City agent may be designated to make such collection. In the event that the City agent shall make such collection, the procedure and other terms and conditions shall be as set forth in the contract with said City agent. [Ord. 810 § 1, 1987].

8.16.260 Rates and charges – Delinquent charges.

Any rate or charge shall become delinquent if not paid within 30 days of the time payment is due. Each delinquent account shall be charged a penalty of 10 percent of the monthly rate for each month the account is delinquent. [Ord. 810 § 1, 1987].

8.16.270 Exemption from service.

Except as hereinafter provided, refuse collection service shall be mandatory for all residences and business establishments lying wholly or partially within the corporate limits of the City.

An owner, occupant or operator of property may file with the City administrator a claim for exemption from service. Such claim shall be in writing and shall state why refuse collection service is unnecessary. The City administrator shall investigate such claim and, within 15 days of receipt, grant or deny the claim. If the claim is denied, the decision may be appealed to the City Council, which shall review the claim and denial and shall render a final decision. If the claim is granted, the property shall be exempt from service for 12 months, after which service shall be resumed unless a new claim is filed.

The City reserves the right to make periodic inspections of property exempt from service. If exempt property, upon inspection, is found to present a public nuisance or a hazardous or unsanitary condition due to an accumulation of refuse, the exemption shall be revoked immediately and refuse collection service shall be resumed forthwith.

Rates and charges for refuse collection service shall be charged in all cases, unless an exemption is in effect. [Ord. 810 § 1, 1987].

8.16.280 Rates or charges a debt.

The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute a debt due to the City agent for which the owner, occupant or operator of the property shall be jointly or severally liable. No person shall willfully fail, neglect, or refuse, after demand for payment, to pay said rates or charges. [Ord. 810 § 1, 1987].

8.16.290 Unlawful act.

No person or persons shall avoid, or conspire to avoid, or refuse collection service by placing his or her refuse upon the property, or in the container, of another person, with or without the consent of the latter. [Ord. 810 § 1, 1987].

8.16.300 Disposal.

Disposal of refuse of all kinds shall be made outside of the City limits, unless otherwise specifically authorized by the City Manager. [Ord. 810 § 1, 1987].

8.16.310 Transfer of refuse.

Nothing in this chapter shall be construed to prevent the transfer of refuse within City limits from collection to disposal vehicles; provided, that such transfer stations should not be conducted in violation of any State, County or City law. [Ord. 810 § 1, 1987].

8.16.320 Use of vehicles.

Any persons who desire to operate privately owned vehicles on City streets for the business of collecting and/or disposing of refuse must obtain a permit for such operation from the City Manager. No permit may be granted where the said vehicles are not watertight, provided with a cover, and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped and spilled. [Ord. 810 § 1, 1987].

8.16.330 Appropriation of funds.

The City Council shall, from time to time, by resolution or minute order, appropriate such funds as are necessary to carry out the provisions of this chapter. [Ord. 810 § 1, 1987].

8.16.340 Violation.

Each violation of this chapter shall be treated as a separate violation. The first violation of this chapter shall be treated as an infraction only, subject to citation, the penalty and bail amount being $50.00. A second violation of this chapter shall be treated as an infraction only, subject to a citation, the penalty and bail amount being $100.00. A third and/or subsequent violation of this chapter shall be treated as a misdemeanor, with a maximum penalty of $500.00 per day and/or imprisonment for a period of up to one year. [Ord. 810 § 1, 1987].


1

For State law as to garbage and refuse disposal generally, see Health and Safety Code § 4100 et seq. As to authority of City to enter into garbage disposal contracts, see Health and Safety Code § 4250.