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Home My WebLink About1040I ORDINANCE NO. 1040 (1985 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 8.04 OF THE MUNICIPAL CODE, "SOLID WASTE DISPOSAL" BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: CHAPTER 8.04 - Solid Waste Disposal - of the Municipal Code of the City of San Luis Obispo is.hereby amended to read as follows: SECTION 8.04.010 - Definitions. A. "City disposal site" - Means and refers to that certain tract of land which the franchisee shall furnish and use as a place of depositing garbage, rubbish and rubble. B. "Creek" - A natural stream of water normally smaller than and often tributary to a river. May be seasonal in that it is dry during certain times of the year. C. "Drainageway" - A route or course along which water moves or may move to drain a region. These are generally man -made as compared to "creeks." D. "Franchisee" means and includes a person whom the city has granted the privilege of collecting and disposing of refuse, garbage, rubbish and other solid waste produced within the limits of the city under the terms set out in this chapter, and under the provisions of the Charter as amended. E. "Garbage" means and includes 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 R 1040 Ordinance No.1040 (1985 Series) in or storage of meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes and all or any refuse, save and excepting as defined in this section as rubbish or rubble. F. "Incinerator" means and includes fireproof receptacles approved by the city engineer or fire chief, and used for disposing of combustible rubbish on private premises. G. "Lake" - A considerable inland body of standing water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water. H. "Refuse" means and includes garbage, rubbish or both. I. "Refuse collector" means and includes the same as the term franchisee, as is defined in subsection B of this section. J. "Rubbish" means and includes all combustible and noncombustible waste matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodginghouses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, but shall not include rubble. K. "Rubble" means and includes all debris from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, brick, mortar, concrete and similar solid material. L. "Solid waste" means and includes all waste substances including garbage as well as combustible and noncombustible wastes. (Prior code S 5200) Ordinance No. 1040 (1985 Series) SECTION 8.04.020 - Accumulation - -Type and placement of containers. No person shall deposit, keep, accumulate or permit any rubbish, rubble, garbage or other solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, creek, lake or drainageway, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as provided in this chapter. A. Garbage. No person shall keep, accumulate or permit to be kept or accumulated any garbage upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or plastic receptacles provided with handles. Each receptacle shall have a capacity of not less than five gallons and not more than thirty -five gallons. The maximum weight of a receptacle and its contents at collection time shall not exceed seventy -five pounds. Each receptacle shall be provided with close- fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein. Each receptacle shall be kept in a clean, neat, sanitary condition at all times. The outside of each receptacle, including its cover, shall be kept clean from accumulating grease or decomposing material. Garbage shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not. Ordinance No. 1040 (1985 Series) B. Rubbish. No person shall keep or accumulate any rubbish or other solid waste unless the same is kept in a suitable box or boxes, barrels or other suitable receptacles to be kept on each of the premises, sufficient to hold the rubbish which would ordinarily accumulate on such premises. Rubbish shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not. C. Location of Garbage and Rubbish Containers. Each garbage vessel, tank or receptacle, and each rubbish container provided by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boardinghouse, cafe, cafeteria, and other like eating places, apartment houses, and of butcher shops and green vegetable stores and every person occupying a dwelling within the city, shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as follows: 1. Where there is an alley, other than a blind alley, in the rear of the premises, such vessel, tank, receptacle or rubbish container shall be placed on the premises within five feet of the rear property line. 2. Where there is no alley, such vessel, tank, receptacle or rubbish container shall be placed on the premises within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boardinghouse, and other like eating places, apartment houses, or dwelling from which garbage or rubbish is accumulated. It may not be placed in any creek, lake or drainageway. Ordinance No. 1040 (1985 Series) D. Containers which do not comply with the requirements as stipulated in this chapter or which deteriorate to the point where they do not comply will be tagged by the franchisee and, if not replaced by the next regular collection day, will be considered as rubbish and will be removed by the franchisee in the same manner as any other rubbish. E. No person shall place, store or otherwise keep any garbage or rubbish container in a receptable or pit in an exterior location which is not entirely above ground level. F. Refuse and garbage containers shall not be placed adjacent to the street for pickup more than twenty -four hours prior to pickup time, and such containers shall be removed within the twelve -hour period following pickup. (Prior code 5200.1) SECTION 8.04.170 Dumping on private or public premises prohibited. No person shall dump, deposit, keep or accumulate any brick, mortar or debris incident to the construction of buildings or any other waste material which, if thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private place, creek, lake, drainageway, street, lane, alley or drive, except the same be kept, deposited or allowed to accumulate temporarily, during the period of factual construction on premises under construction or alteration, and ina manner approved by the building inspector. Failure of a building permittee to clean up unapproved accumulations within three working days after the building inspector serves written notice upon the permittee or his agent so to do shall result in summary suspension of the building Ordinance No. 1040 (1985 Series) permit until such time as the condition is corrected to the satisfaction of the building inspector. The suspension authorized in this section shall be in addition to the misdemeanor penalties provided for elsewhere in this code. (Prior code S 5200.17) A SUMMARY OF THIS ORDINANCE, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 2nd• day of July , 1985, on motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None Ordinance No. 1040 (1985 Series) ATTEST: CITY CLERK PAMELA VOGE�) UAW 01-9-Ith City Adniih*rative Officer City A rney /City WAP2/rrr-8-04 by �yhO�S'1 �' �r7%� I i ORDINANCE NO. 1040 (19 85 Series) FINALLY PASSED this 16th day of July 1985, on motion of Councilwoman Dovey , seconded by Councilman Settle vote: , and on the following roll call AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None ie C. Billig Cit