Chapter 6.04
GARBAGE, REFUSE AND SOLID WASTE
Sections:
6.04.030 Determination of service.
6.04.080 Contractor – Service fees and charges.
6.04.090 City fees and charges.
6.04.100 Customer fees and charges.
6.04.110 Fees due and payable.
6.04.120 Throwing or depositing waste matter.
6.04.150 Unauthorized collection.
Prior legislation: Ords. 262, 377, CCO-96-07 and CCO-11-05.
6.04.010 Legislative policy.
The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material, as well as recyclable and compostable material, is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, vector breeding and infestation and other problems affecting the health, welfare and safety of the residents of the City and adjacent communities. The City Council further declares that regulations provided in this chapter are designed to eliminate or alleviate such problems. (Ord. CCO-20-02 § 2, 2020)
6.04.020 Definitions.
For the purpose of this chapter, the terms used herein are defined as follows:
“Disposal site” means the location at which refuse is ultimately disposed.
“Green waste” means any organic waste that can be compostable.
“Permit” means written authorization of the City of Mt. Shasta whether by a permit, a contract, or franchise authorizing a person to conduct refuse collection services within the City.
Refuse.
(1) “Refuse” means all household and commercial solid waste, excluding industrial or waste produced by governmental agencies and governmental wastes, but including wastes such as discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions, and all commercial establishments, including solid waste or discarded food, animal and vegetable matter, paper, cardboard, wood, cans, glass, ashes and boxes, green waste, cuttings from trees, lawns and gardens, construction and demolition debris, discarded and/or source separated recyclables and dried digested sludge from municipal sewage treatment plants. “Refuse,” “garbage” or “solid waste” may at times be used interchangeably in this code.
(2) “Refuse” does not include hazardous waste or contaminants which might be injurious to personnel engaged in solid waste handling, including, but not limited to, acids, explosives, radioactive materials and septic tank pumpings; nor does it include any materials that are, or in the future may be, prohibited from dumping by the regulations of the California Regional Water Quality Control Board, Central Valley region, or by any other public agency, or by operation of other laws.
“Refuse collection service” means collecting, gathering or transporting refuse of another for money or other valuable consideration. (Ord. CCO-20-02 § 2, 2020)
6.04.030 Determination of service.
(A) The City Council shall determine whether the public health, safety and welfare are best served by providing refuse collection service by contract, license, permit, franchise or otherwise. Contractors and franchisees may subcontract either with or without competitive bidding of those subcontractors.
(B) The Council may also determine that the public health, safety and welfare are best served by providing exclusive contracts for refuse collection.
(C) The Council may specify the frequency of collection, means of collection and transportation, level of service, the maximum charges and fees that can be charged for refuse collection service, the compensation to be paid to the City, the nature, location and extent of providing refuse collection services, and dispute resolution procedures and other terms and conditions related to refuse collection service. The Council may specify the site for disposal of refuse. (Ord. CCO-20-02 § 2, 2020)
6.04.040 Permit required.
It is unlawful for any person, municipality or public agency to operate a refuse collection or transportation service in the City without first obtaining a permit to do so from the City. (Ord. CCO-20-02 § 2, 2020)
6.04.050 Permit application.
The application for a permit shall be made to the City Manager (“Manager”). Each application shall include a description of the area to be serviced, a financial statement of the person intending to render service, a description of the background and experience of the parties intending to render service, a description of equipment to be used and a discussion on how that equipment will be obtained, a schedule of proposed rates to be charged, facts that establish the applicant has experience in providing the service for which the permit is requested and such other information as the Manager may request in order to aid in making a recommendation to the Council. (Ord. CCO-20-02 § 2, 2020)
6.04.060 Permit issuance.
The Manager shall prepare a report to the Council recommending granting, denying or amending the application. The Manager shall recommend conditions as the Manager may deem appropriate. The report to the Council shall discuss the effect the granting or denying of the application will have on the health, safety and welfare of the public. The Council shall grant or deny or grant with such conditions as the Council deems appropriate. The Council may require performance bonds, a provision that the City is indemnified and held harmless, and certificates of insurance satisfactory to the City. (Ord. CCO-20-02 § 2, 2020)
6.04.070 Receptacles.
(A) Provision of Receptacles. If the City does not provide by contract with a party providing refuse service, it shall be the duty of every person who receives garbage collection service to provide, without expense to the City of Mt. Shasta, a garbage receptacle, for receiving and holding all the garbage which would ordinarily accumulate on the premises in one week’s time. Receptacles shall follow City standards for volume, material, color, and other physical features which are essential for effective delivery of service.
(B) Placement of Receptacles. Receptacles shall be so placed as to be readily accessible for removing and emptying the contents therefrom by the garbage collectors, and where they will not be a public nuisance or in any degree offensive. No garbage receptacle shall be placed on or in any street, alley, sidewalk, footpath, or any public place whatsoever, except in accordance with rules and regulations established under this chapter or as provided by contract entered into by the City. It is unlawful to keep, place or deposit garbage on any private grounds or premises whatsoever, except in garbage receptacles as designated in this chapter.
(C) Accessibility. “Readily accessible” within the meaning of this section shall mean that:
(1) During snow conditions no garbage receptacle shall be placed upon the plowed area of any street or alleyway. All receptacles shall be placed upon the street side of any berm or accumulation of snow resulting from the aforementioned plowing. In no event shall a garbage receptacle be placed upon any street or alleyway in such a manner that it interferes with or impedes the movement or parking of vehicles and/or snow plowing operations.
(2) In all other weather conditions garbage receptacles shall be placed at the property line dividing the owner’s property from the abutting street or alleyway. Notwithstanding the foregoing provisions, the garbage collector will not be required to enter any area enclosed by fences, nor will said collector be required to enter into any building upon the property owner’s premises, in order to pick up garbage receptacles. (Ord. CCO-20-02 § 2, 2020)
6.04.080 Contractor – Service fees and charges.
If a franchise agreement is executed with a contractor, the contractor shall charge only such rates and fees for refuse collection service that do not exceed the maximum rates approved by the Council. (Ord. CCO-20-02 § 2, 2020)
6.04.090 City fees and charges.
The Council may require from the person rendering refuse collection services fees and charges sufficient to offset the City’s expense in monitoring the service, reviewing and investigating customer complaints, and such other City expenses as may be incurred in the regulation of refuse collection services. These fees shall not exceed the maximum rates approved by the Council. (Ord. CCO-20-02 § 2, 2020)
6.04.100 Customer fees and charges.
The City shall by resolution of the City Council establish fees and charges to be paid by the customer for refuse service. The fees shall be adopted in the manner prescribed by law. Fees will be subject to the provisions of Chapter 13.04 MSMC. (Ord. CCO-20-02 § 2, 2020)
6.04.110 Fees due and payable.
Fees for garbage, rubbish and waste matter service shall be due and payable in arrears on the first day of each month and shall become delinquent on the fifteenth day of the succeeding month. (Ord. CCO-20-02 § 2, 2020)
6.04.120 Throwing or depositing waste matter.
(A) It is unlawful for any person in the City of Mt. Shasta 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 or private place, or to store or keep the same otherwise than in cans or receptacles. Each day’s violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense.
(B) It is unlawful for any person in the City of Mt. Shasta to throw or deposit any household waste, as defined by Cal. Health and Safety Code § 117670, or any business waste into the City of Mt. Shasta provided public trash cans located in the downtown neighborhood as defined in MSMC 7.08.021. Each day’s violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense. (Ord. CCO-23-05 § 1, 2023; Ord. CCO-20-02 § 2, 2020)
6.04.130 Burning of waste.
Burning of rubbish in open fires is prohibited at all times. A burn permit may be acquired to burn green waste as per Chapter 7.15 MSMC. (Ord. CCO-20-02 § 2, 2020)
6.04.140 Transportation.
All transporting and disposal of garbage, rubbish and waste matter shall comply with Cal. Veh. Code §§ 23110 through 23115, inclusive, and to all amendments thereof. (Ord. CCO-20-02 § 2, 2020)
6.04.150 Unauthorized collection.
It is unlawful for any person or persons other than the duly authorized collectors employed by the City Council as prescribed in this chapter to collect garbage, or receptacles containing garbage, or the contents thereof, or to remove any such receptacle from the place where the same is placed by the owner or lessee thereof, or to remove the contents of such receptacle. (Ord. CCO-20-02 § 2, 2020)
6.04.160 Violations and penalties.
Repealed by Ord. CCO-20-04. (Ord. CCO-20-02 § 2, 2020)