9-1
GARBAGE AND REFUSE.

9-1.1 Purpose.

The purpose of this section is to provide rules and regulations for the collection and disposal of garbage, rubbish and, in a separate category, waste and discarded material from doctors’ offices, dental offices, convalescent homes, hospitals, animal hospitals, veterinarians’ offices, and other institutions and businesses in the City in which the treatment of human beings and animals is either directly or indirectly involved. (Code 1972 §13-2)

9-1.2 Definitions. As used in this section:

Combustible rubbish shall mean paper and rags, except paper and rags from the offices, businesses and institutions described in subsection 9-1.10, discarded household bedding, excelsior or other packing materials, cartons, boxes or containers, of wood or fiber, sawdust or shavings from lumber yards, mills, factories or shops, lumber scraps, wood or wooden articles, grass, trees, plants, vines and the prunings. Combustible rubbish shall not include dirt, sweepings or any discarded material whatever from the offices, businesses and institutions described in subsection 9-1.10.

Garbage shall mean all animal and vegetable refuse of kitchens, households or restaurants or household waste which has been prepared for or been used for food or shall have resulted from the preparation of food, or table refuse or offal, and every accumulation of all animal, vegetable, and other matter attending the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruits or vegetables, and shall include all garbage which shall have resulted from the sorting of the commercial preparation or processing of food products, except garbage shall not include the material and waste described in subsection 9-1.10 which shall be handled in the separate category established therefor by subsection 9-1.10.

Noncombustible rubbish shall mean ashes, bottles, cans, broken glass, crockery, earthenware, tin cans, tinware, wire, wire netting and other articles of discarded metal or stone of less than twenty (20) pounds in weight each, automobile tires and tubes, batteries, metal kegs, barrels or casks. Noncombustible rubbish shall not include any of the material and waste described in subsection 9-1.10 which shall be handled in the separate category established therefor by subsection 9-1.10. Noncombustible rubbish shall also include rocks, stones, bricks, plaster, mortar or other building materials whether combustible or noncombustible, except that the quantity of these materials be limited to eighty (80) pounds per week per service.

(Code 1972 §13-1)

9-1.3 Burying Garbage.

The burying of garbage is expressly prohibited. (Code 1972 §13-3)

9-1.4 Requirements for Waste Collector’s Containers.

a. Each waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall:

1. Place and maintain on the outside of the container, bin or other equipment, legible letters and numerals not less than one (1") inch in height, the waste collector’s name or firm name and telephone number.

2. At all times keep in good repair and maintain in a clean and sanitary condition the container, bin or other equipment to the satisfaction of the Health Officer.

b. A person, other than the waste collector having charge shall not deface, alter, remove or obliterate any identification placed on any container, bin or other equipment subject to the provisions of this subsection.

(Code 1972 §13-4)

9-1.5 Tampering with Refuse Containers.

A person, not having the authority to do so, shall not tamper with, injure, destroy or remove any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish. (Code 1972 §13-5)

9-1.6 City to Render Service of Collection Generally; Contracts for Collection.

A service to the citizens of the City in the general category of rubbish and garbage collection shall be performed either through a contract between the City and an independent contractor or by City forces. The City Council may, in its discretion, contract with an independent contractor to give the contractor either exclusive rights or nonexclusive rights to collect and dispose of rubbish and garbage within the City or to give the contractor exclusive or nonexclusive rights to collect and dispose in certain areas or districts, or to certain classifications of occupants or owners and to withhold these rights as to other classifications of occupants or owners. (Code 1972 §13-16)

9-1.7 Premises Ineligible for Collection Services; Exceptions.

No rubbish, garbage or waste material of any description shall be removed from doctors’ offices, dental offices, convalescent homes, hospitals, animal hospitals, veterinarians’ offices and other premises in which the treatment of human beings and animals is either directly or indirectly involved, except that the City Council by resolution may provide for such a removal and disposal service to such offices, institutions and places of business, or from any lot or parcel of land where the owner or occupant is engaged in a commercial enterprise or business, or from any zone classified as a “C” zone by the Zoning Ordinance of the City, except that the City Council may provide by minute order or resolution for either a partial or complete service of removal and disposal to the categories set forth in this subsection. (Code 1972 §13-17)

9-1.8 Refuse to Originate from the Premises.

No person shall set out, or cause to be set out, garbage or rubbish for collection that does not originate from his premises. (Code 1972 §13-18)

9-1.9 Record of Service and Collections.

An accurate record showing service and collections of garbage and rubbish at each location in the City shall be kept by the City Treasurer. (Code 1972 §13-19)

9-1.10 Refuse From Hospitals, Doctors’ Offices and Similar Premises.

a. Disposal of Waste Material from Hospitals, Doctors’ Offices and Similar Premises. All garbage, putrescible matter, rubbish and waste material, except magazines, newspapers, brochures, stationery and other writings which have been displayed and used for reading, writing or other communications purposes only, from doctors’ offices, dental offices, convalescent homes, hospitals, animal hospitals, veterinarians’ offices and other institutions and businesses in the City wherein the treatment of humans and animals is either directly or indirectly involved, shall be kept in watertight receptacles with close fitting lids securely locked by padlock or other type of lock and with handles or bails. The receptacles shall be thoroughly cleaned and disinfected each time their contents are removed. Such garbage, putrescible matter, rubbish and waste materials, whether mixed together or not, shall not be kept for more than seven (7) days.

b. Penalty for Keeping More Than Seven (7) Days. Any person who shall deposit or keep waste material from doctors’ offices, dental offices, convalescent homes, hospitals, animal hospitals, veterinarians’ offices and other institutions and businesses in the City wherein the treatment of humans or animals is either directly or indirectly involved, for more than seven (7) days, shall be guilty of a misdemeanor and shall be punished in accordance with Section 1-5.

(Code 1972 §13-20)

9-1.11 Garbage and Rubbish Containers Required; Use.

Each person occupying or in possession of any premises in the City shall provide a portable container for rubbish and garbage. The same container may be used for both garbage and rubbish, providing the container complies with the requirements of this section. (Code 1972 §13-21)

9-1.12 Size, Construction and Weight of Garbage and Rubbish Containers.

a. All containers required by this section shall be of such size, shape and weight that, when filled, they may be readily lifted for emptying into trucks and they shall be free of all rough or jagged surfaces which might be likely to cause injury to persons handling them. Containers shall be of adequate construction to bear the weight of the contents and shall be so constructed as not to permit the contents to sift or pass through any opening other than at the top. No container shall exceed six (6) cubic feet or forty-five (45) gallons in size and the weight of each container, together with its contents, shall not exceed sixty (60) pounds.

b. Containers used for garbage, or garbage and rubbish combined, shall be watertight and constructed of metal or nonporous plastic and shall be equipped with tight-fitting lids.

(Code 1972 §13-22)

9-1.13 Tampering or Meddling With Containers.

No person, other than the owner, his agents or employees, or an officer or employee of the City or any person holding a contract with the City for the collection or disposal of garbage and rubbish, his agents or employees authorized for such purpose, or any private garbage or rubbish collector duly licensed by the City and holding a contract with an owner or occupant for the collection of garbage or rubbish, shall tamper or meddle with any container required by this section or the contents thereof, or remove the contents of any container required by this section or remove any container required by this section from the location where the container was placed by the owner or his agent. (Code 1972 §13-23)

9-1.14 Promulgation of Regulations Governing Containers.

The City Council, by resolution, may adopt standards governing the type and construction of all containers required by this section, and rules and regulations governing their use. (Code 1972 §13-24)

9-1.15 Preparation of Materials Not Susceptible to Placement in Containers.

Except as provided in subsection 9-1.9, rubbish not readily susceptible to placement in a container may be placed in the same manner and in the same places as designated for containers, except that no single item placed for collection shall exceed four (4') feet in length or two (2') feet in width, nor shall it exceed sixty (60) pounds in weight. (Code 1972 §13-25)

9-1.16 Preparation of Bundles of Tree Trimmings and Similar Items.

Tree trimmings, brush, shrubs or other materials susceptible to bundling shall be securely tied in bundles not heavier than sixty (60) pounds, no longer than four (4') feet, nor more than twenty-four (24") inches in diameter. (Code 1972 §13-26)

9-1.17 Preparation of Garbage to be Mixed with Other Rubbish.

If garbage is mixed with other rubbish, it shall be thoroughly drained and wrapped in newspaper or similar absorbent material prior to placement in a container. (Code 1972 §13-27)

9-1.18 Locations Where Refuse to be Placed for Collection.

a. Except materials collected from the category provided by paragraph a. of subsection 9-1.10, materials placed for collection will be collected from along the street. Materials for collection shall be placed as close to the curbside as possible, or, if there are no curbs, then placed between the established roadway and the property line. No materials shall be placed in alleys, whether paved or unpaved, or other nonstreet locations.

b. Materials collected from the category provided by subsection 9-1.10, shall be collected from a suitable place provided by the person who is the owner of or in charge of the office, institution or place of business upon the private premises of the person, and the receptacles containing such materials shall be contained in a patio or other place enclosed by a fence, latticework or a part of the main or accessory building on four (4) sides and at least five (5') feet in height.

(Code 1972 §13-28; Ord. #1017, §1)

9-1.19 Time When Materials Shall be Set Out for Collection.

Containers and bundles shall not be placed along streets or alleys for collection prior to 6:00 p.m. of the evening preceding the day upon which a collector is scheduled to commence in the district in which the particular premises are located, and all containers shall be promptly removed by owners from streets or alleys immediately after collection. (Code 1972 §13-29)

9-1.20 Collection Fees.

a. Persons Exempt from Payment of Fees; Establishment of Exemption.

1. This subsection shall not be deemed or construed to require the payment of the fees established in this subsection by any owner or occupant who accumulates no garbage or rubbish.

2. In order for an owner or occupant of premises in the city to bring himself within the provisions above he shall be required to file with the City Manager an affidavit executed by him containing language that would bring him within the exemption granted by the provisions above.

3. The affidavit required by subparagraph 2. shall be only prima facie evidence and the City Manager shall have the right to make an independent investigation of the facts stated in the affidavit and, if he finds that the applicant did not come within the provisions of subparagraph 1., he shall forthwith notify the applicant of his findings.

4. This paragraph shall not be applicable to the owner or occupants of single-family dwellings.

b. Established. Charges established as fees to be paid for services rendered in the collection and disposal of garbage and rubbish shall be established by resolution of the City Council in such amounts as the Council may from time to time determine.

c. When Payable; Not to be Prorated. The fees established in this subsection shall be charged and billed as a monthly service charge, payable bimonthly. No credit will be allowed for a portion of a month of service.

d. Manner of Billing and Collecting Fees.

1. Premises Served by Water. The method of collecting the fees established in this subsection shall be as follows:

(a) The City owns and operates the water distribution system. Billing for water service flat rates is monthly. It is hereby determined that the bill for water service shall also be the medium for billing and collection of garbage and rubbish fees.

(b) The time covered by the billing pursuant to subparagraph 1. shall be the same period for both water service and garbage and rubbish collection service.

2. Premises Not Served by Water. Where garbage and rubbish is collected at locations not served by City water, a separate bimonthly statement shall be mailed to the person requesting service, or if no service has been requested or an exemption applied for, then to the owner of record at the address appearing on the last equalized assessment roll. Such statement shall include an additional charge for providing sewer service, in an amount to be determined by resolution of the City Council.

3. Lien On Property For Failure To Pay; Termination Of Services: Failure to pay when due the charges provided for in this subsection shall result in the imposition of a lien on the real property served, and may result in the termination of services for which the bill is rendered pursuant to the provisions of chapter 14 of this code.

e. City Treasurer Responsible For Funds; Disposition: The city treasurer shall be responsible for all monies collected.

f. Liability For Rubbish Service Charges: Any person who has signed an application for service, who has used service, or who is otherwise obligated to pay for service, furnished by the city under this section, together with the owner of the real property served, is responsible for all charges incurred for rubbish service, pursuant to subsection 9-1.20d of this section, and shall remain so obligated until all charges for rubbish have been paid. The owner shall remain further obligated until such time as the water department has been duly notified in writing to discontinue service; however, the water department will release liability as to any owner, in the event due application has been made by a new owner, pursuant to this section. No allowance or refund shall be made until all charges have been paid, or until release has been authorized and completed. (Code 1972 §13-35-13-40; Ord. #953, §1; Ord. #973, §1; Ord. #985, §1; Ord. #1171, §§3, 8; Ord. #1321, §1)

9-1.30 Secondary Refuse Streams:

9-1.30.1 Intent And Purpose:

The intent and purpose of this subsection is to establish an essential service for the residents of the city of Lynwood, establish the means by which a fee to cover the costs associated with the providing of said service may be charged and institute the means for future adjustments to said fee. The purpose of this subsection is to advance and improve the public health and welfare of the residents of the city of Lynwood in the manner provided herein.

More specifically, the purpose of this subsection is to promote the public peace, health, safety, and general welfare by establishing a service for the refuse collection in the city complementary to the service presently provided to businesses and residents so as to protect against the dangers of unattended refuse that can become a breeding ground for infestation and infection, and can create unsightly and potentially dangerous conditions in public rights of way. The service established shall also promote the health, safety, welfare and quality of life of residents by preventing the interference with the use of public property for its intended purpose; by preventing restricted access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or locations used for transportation purposes; by preventing neglectful conditions resulting in visual blight on public rights of way and other public property and detracting from the aesthetics of the city, adjacent landscaping and other improvements; by preventing the reduction in value of surrounding property; by preventing the unnecessary exposure of the city to personal injury or property damage claims or suits; and regulating public exposure to potentially harmful or injury causing materials that otherwise belong in the refuse stream generated in the city.

The city council finds and determines that, based on the recitals and findings accompanying this subsection, the public health and welfare of the residents require adoption of this subsection. It is not the intent of this subsection to in any way discriminate against or interfere with level 1 services as provided currently by the city’s franchisee. (Ord. #1577, §3)

9-1.30.2 Definitions:

For the purpose of this subsection the words below shall have the following meanings:

Health threats means the potential for the secondary refuse stream serving as a breeding ground for harmful emissions, harmful organisms, and potentially contagious diseases and transmission of such diseases or organisms.

Level 1 services means the level of services provided presently by the city’s franchisee for the removal of rubbish from the commercial and residential customers of the franchisee in the city.

Level 1 services fees means the fees charged to residential and commercial clients for level 1 services provided by the franchisee in the city.

Level 2 services means the services currently provided by the city as street sweeping services.

Level 2 services fees means the fees charged to residential and commercial clients for level 2 services provided by the city or any party or entity retained by it to provide level 2 services.

Livable environment services or LE services means the sweeping of streets and removal of refuse by any means including the use of sweepers and other means of collection of secondary refuse stream materials, and the removal of or treatment of conditions conducive to the presence of such materials. As used herein, level 2 services constitute a part of the LE services.

Parkway means that area between the sidewalk and the curb of any street; and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway that is not open to vehicular travel.

Person means any individual, company, corporation, association, business or other legal entity.

Public property means parks, squares, plazas and any and all other real property owned by the city.

Right of way means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for a street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other purposes.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel.

Secondary refuse stream means any refuse that is generated by the public including residents and businesses alike, and that is found in the right of way, parkway, public property or roadway.

Sidewalk means any surface provided for the exclusive use of pedestrians.

Street means all that area dedicated to public use for public street purposes, including, but not limited to, roadways, parkways, alleys and sidewalks. (Ord. #1577, §3)

9-1.30.3 Establishment Of Fee:

a. The city shall impose a fee to cover all costs associated with fully funding LE services (the “LE services fee”). The LE services fee shall not be conditioned on ownership of property but, instead, shall be paid by all persons who are subject to the payment of the rubbish service charges set forth in subsections 9-1.1 to 9-1.20 of this chapter regardless of whether such persons make payment of such rubbish service charges directly to the city or to city’s exclusive franchisee.

b. The LE services fee shall be established by a fee analysis and study and shall be set annually by resolution of the city council. If at any time council does not fix said fee for the coming year, the preceding year’s fee shall continue to be collected until such a time as council adopts a resolution fixing a new fee amount.

c. The total amount of the LE services fee shall consist of the total funding required by the city to provide the LE services less the sums charged for level 2 services. The fee to be paid by each person shall be the product of the total amount of the LE services fee less the sums charged for level 2 services, multiplied by a fraction whose numerator is the amount charged to that person for level 1 services or rubbish service charges (whether the amount is charged by the city or by the city’s franchisee), and whose denominator is the total sum of level 1 services fees. All computations called for by this provision shall be predicated on annual amounts but the city shall reserve the right to bill the LE services fee on a prorated monthly or bimonthly basis. The LE services fee imposed must meet the following criteria:

1. Revenues derived from the fee must not exceed the funds required to provide the LE services taking into account, i.e., deducting from the same, the fees assessed for level 2 services.

2. Revenues from the fee must not be used for any purpose other than that for which the fee or charge is imposed.

3. The fee may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees based on potential or future use are not permitted.

4. No fee may be imposed for general governmental services such as police, fire, ambulance or libraries, where the service is available to the public in substantially the same manner as it is to property owners. (Ord. #1577, §3)

9-1.30.4 Services To Be Provided:

Services the city will provide as livable environment services shall be provided by the city’s employees or by contracting with an independent contractor to render the service needed. LE services shall include, but not be limited to, the following:

a. Sweeping of all streets to collect and remove secondary refuse stream materials so that the same may be accounted for and disposed of in a manner required by AB 939.

b. Supplementing in any manner necessary the services of the city franchisee to avoid the gathering of any secondary refuse stream materials such that they present a health threat. (Ord. #1577, §3)

9-1.30.5 Purpose And Use Of Fee:

The fees collected shall be used only for the services to be provided pursuant to the provisions of this subsection. (Ord. #1577, §3)

9-1.30.6 Conflicting Ordinance:

If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this subsection, the provisions of this subsection shall apply provided, however, that nothing contained herein shall change or modify the obligations of the parties under the city’s franchise agreement for the collection of municipal solid waste in the city.

This subsection is not intended to supplant or increase the level 2 services fees. Level 2 services fees will continue to be collected in the customary manner without interruption so long as level 2 services continue to be provided and shall be taken into account, i.e., credited, when assessing the total costs associated with providing the LE services. (Ord. #1577, §3)