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HomeMy WebLinkAbout0208NORDINANCE NO. 208 (New Series) AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF REFUSE, GARBAGE, WET GARBAGE, AND RUBBISH IN THE CITY OF SAN LUIS OBISPO, FIXING RATES TO BE CHARGED FOR SUCH COLLEC- TION, AUTHORIZING AND PROVIDING FOR THE ENTERING INTO OF A CONTRACT WITH SOME PERSON, FIRM, CORPORATION OR ASSOCIATION FOR THE COL- LECTION AND DISPOSAL OF REFUSE, GARBAGE, WET GARBAGE, AND RUBBISH IN THE CITY OF SAN LUIS OBISPO, AND FIXING TERMS AND CONDITIONS UNDER WHICH SUCH CONTRACT SHALL BE LET, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH. BE IT ORDAINED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Definitions Words used in this ordinance are defined as hereinafter provided, to -wit: (a) The word t1Person" as used herein, shall mean any per- son, firm or corporation acting as principal agent, or officer, ser- vant or employee, for himself, or for any other person, firm or corporation. (b) Contract Agent -- The general term ItContract Agentit shall include and mean, for the purpose of this ordinance, an agent or employee of the City of San Luis Obispo, or any person, firm, corporation or association, or the agents or employees thereof with whom, the City of San Luis Obispo shall have duly contracted under the terms hereinafter set out in this ordinance, and under the pro- visions of the Charter of the City of San Luis Obispo, with amend - ments thereto, to collect, transport through the streets, alleys or public ways of said City, and dispose of refuse, garbage, wet garbage, and rubbish produced within the limits of said city. (c) Garbage -- The word "Garbage" as used herein 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, or vegetables. It shall also include crockery, bottles, tin vessels, ashes, and all or any refuse, save and excepting as herein defined as rubbish or wet garbage. (d) Wet Garbage -- The words 11Wet Garbagell as used herein shall mean all clean garbage, suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs, and all other like eating places in the City of San Luis Obispo, and from butcherships and dealers in fresh vegetables, and shall be held to consist of and include only kitchen and table refuse, offal, and swill, and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation, con- sumption, decay, or dealing in, or storage of, meats; fish fowls, birds, fruits or vegetables. Provided, however, that said definition is not intended to, nor does it, include the by- products of butchershops or dealers in fresh vegetables, where said by- products have a commercial , -�, ) L-, ) value and are not decomposed have not been rejected by the save or useless. nor offensive, and where said by- products owners or producers thereof as offen- (e) City Dump -- The words "City Dump" as used herein, shall mean and refer to that certain tract of land which the contract agent shall furnish and use as a place of depositing garbage. (f) Incinerators -- The term ITIncinerator« shall include and mean fireproof receptacles approved by the City Engineer or Fire Chief, and used for disposing of combustible rubbish on private pre- mises. (g) Refuse -- The general term ItRefusell shall include and mean all matter and materials which are rejected by the owners or pro- ducers 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. (h) Refuse Collector -- The term + RRefuse Collector►' as used in this ordinance shall include and mean the same as heretofore defined for the term "Contract Agentrt. (i) Rubbish -- The term ItRubbishl► shall include and mean all combustible and non - combustible waste and refuse matter, except- ing garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, 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 brick, mortar, or other debris incident to the construction of buildings. SECTION 2. Regulations for Accumulation It shall be unlawful for any person, firm or corporation to deposit, keep, accumulate or permit, cause or suffer any rubbish, wet garbage, or garbage to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as hereinafter provided. (a) Garbage -- It shall be unlawful for any person, firm, or corporation to keep, accumulate or permit to be kept or accumulated any "Garbage11 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 receptacles provided with handles; said receptacles shall have a capacity of not less than five (5) gallons and not to exceed thirty (30) gallons, said receptacles to be provided with close- fitting metal 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. (b) Wet Garbage -- It shall be the duty of every accumulator of wet garbage within the City of San Luis Obispo, to provide or cause to be provided, and at all times to keep or cause to be kept, separate containers or receptacles for holding such wet garbage, said receptacles shall be constructed of metal and shall be watertight and shall be so constructed of metal as to contain not less than five (5) gallons nor more than sixty (60) gallons, and shall be provided with handles on the outside thereof, and with tight - fitting metal covers; such recep- tacles shall, at all times, be kept covered, except when necessary to place garbage therein or take garbage therefrom. Each such recep- tacle, including its cover, shall upon the outside be kept clean from accumulating grease or decomposing material. (c) Rubbish -- It shall be unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated any ttRubbishtt unless the same be kept in a suitable box or boxes; barrels, or other suitable receptacles to be kept on each of said premises, sufficient to hold the rubbish which would ordinarily accu- mulate on such premises. (d) Location of Garbage and Rubbish containers -- Each garbage vessel, tank, or receptacle, and each rubbish container pro- vided, or caused to be provided, by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boarding house, cafe, cafeteria, and other like eating places, apart- ment houses, and of butcher shops and green vegetables stores, and every person occupying a dwelling or flat within the City of San Luis Obispo, shall be kept or placed in the manner following during the time for collection: (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 (5) 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 (20) feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boarding house, and other like eating places, apartment houses, dwelling or flat, from which garbage or rubbish is accumulated. SECTION 3. Transportation (a) Garbage and Rubbish Transportation -- No garbage or rubbish shall be removed and carried on and along the streets and alleys of the said City of San Luis Obispo except that the same be carried, conveyed or hauled in conveyances to constructed as to be absolutely dust proof, and so arranged as not to permit dust or other matter to sift through or fall upon said streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (b) Wet Garbage Transportation -- No wet garbage shall be removed and carried on or along any street or alley of the said City of San Luis Obispo except the same be transported in water -tight con- tainers with proper covers, so that the garbage shall not be offensive and every such container shall be kept clean and said garbage shall be so loaded.that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. SECTION 4. Collection (a) All garbage, wet garbage, or refuse of any kind, shall be removed by the City of San Luis Obispo, its agent, employees, or permittees, or representatives, at least once every seven (7) days, unless otherwise directed by the City Health Officer or the City Engineer of the City of San Luis Obispo. (b) City Health Officer or City Engineer Directs Removal -- It shall be the duty of any collector engaged in or conducting the business of collecting garbage, wet garbage, and /or rubbish by con- tract with the City of San Luis Obispo or acting as its agent, per - mittee, or representative, under this ordinance,.when directed by the City Health Officer or City Engineer of the said City of San Luis Obispo, to which said rubbish or garbage collector may be directed by said Health Officer or City Engineer, and where garbage, wet- garbage, and /or rubbish is accumulated and there collect and remove said garbage, wet garbage, and /or rubbish in accordance with the provisions of this ordinance. SECTION 5. , Disposal 6'1_� � � (a) The Contract Agent shall provide a parcel of land known as the City Dump, situate without the City limits of said City. All garbage, refuse and rubbish collected within the City of San Luis Obispo shall be delivered to the City;Dump and disposed of in accordance with the regulations of the City Dump and in accord- ance with the instructions of the Custodian in charge of the City Dump. (b) . No garbage, refuse or rubbish shall be dumped at the City Dump except between the hours of 7 :00 o'clock A.M. and 6 :00 o'clock P.M. of any week day, and except between the hours of 7 :00 o'clock A.M. and 12:00 o'clock noon of any Sunday or legal holiday. (c) The City Council of the City of San Luis Obispo is hereby authorized to adopt by resolution all necessary rules and regulations for the efficient and sanitary maintenance of the City Dump, and to change or amend the same. (d) Wet garbage need not be delivered to the City Dump, but shall be transported to some point beyond the city limits. SECTION 6. J Rates for Collection (a) Households -- For the service of collecting all refuse, garbage, wet garbage, or rubbish ordinarily produced in and about the household, but not including dead animals, or the refuse from the con- struction, demolition or alteration of buildings, each separate house- hold having refuse containers shall not be required to pay more than the following rates: Quantity Per Rates Per Month for the following Collection Number of Collections Weekly:- 1 2 3 6 30 gallons or less .50 .75 $1.00 $1.75 31 to 40 gallons .60 1.20 1.65 3.00 41 to 50 gallons .70 1.40 1.95 3.60 51 to 60 gallons .80 1.60 2.25 4.20 Where the regular accumulation of garbage exceeds sixty (60) gallons per collection the excess garbage shall be removed at the rate of ten (10) cents for each ten (10) gallons or fraction thereof, for one collection each week; for more frequent collections the rate shall increase at the same ratio as set forth in the above schedule. .The above schedule of rates for collection and removal of garbage shall include the collection, removal and disposal of rubbish where the accumulation of said rubbish does not exceed one (1) barrel of fifty (50) gallons capacity per collection. (b) -Business Places or Establishments -- For the service of collecting all garbage and rubbish ordinarily produced in and about business places or establishments, but-not including dead animals, or the refuse from the construction, demolition or alteration of build- ings, each separate business place or establishment having refuse containers shall not be required to pay more than the following rates: Quantity Per Rates Per Month for the Following Collection Number of Collections Weekly: - 1 2 3 6 7 Less than 10 gallons .50 $1.00 $1.35 $2.4-0 $2.75 The above schedule of rates for collection and removal of garbage shall include the collection, removal and disposal of rubbish where the accumulation of said rubbish does not exceed seven (7) cubic feet per collection. Where the regular accumulations of rubbish per collection exceeds seven (7) cubic feet the excess rubbish shall be removed and the charge for said excess shall not exceed the following rates: Quantity Per Rates Per Month for the Following Collection Number of Collections Weekly: - 1 2 3 6 7 For each 15 cubic feet over 7 cubic feet or fraction thereof $ .50 $ .75 $1.00 $1.75 $2.00 Provided, however, where there is accumulated wet garbage in excess of ten 10) gallons or more per day at any place of business or establishment said garbage to have a fluid content not to exceed 25%), it shall be removed free of charge by the collector and shall be deemed of sufficient value to compensate the collector in full for the removal of rubbish and garbage as follows: For the first ten (10) gallons of wet garbage accumulated per day, the collector shall remove not to exceed thirty (30) cubic feet of garbage and /or rubbish free of charge. For every additional ten (10) gallons of wet garbage accumulated per day, the collector shall remove ten (10) cubic feet of rubbish and /or garbage free of charge. Where the amount of wet garbage accumulated daily is less than ten (10) gallons, the amount of garbage and /or rubbish collected free of charge shall be three (3) cubic feet for each gallon of wet garbage. All excess rubbish and /or garbage, in addition to the free removal, shall be removed, and the charge for said excess shall be the same as set forth in paragraph 3 of sub - section (b) of this section. For said wet garbage the accu- mulator must furnish the necessary containers, and said containers shall meet all requirements of the Health Department as to steriliza- tion and sanitation. Said collector shall remove wet garbage and rubbish from places now used for the purpose of storing such wet garbage, rubbish and /or garbage, or from such place as may be desig- nated by the City Health Officer or City Engineer, and shall not remove garbage and rubbish from hotels and restaurants between the hours of 10:30 P.M. and 6:00 A.M. (c) Office Buildings, Places o: gular collection, removal and disposal of building using a common container or from business producing said refuse (excepting rates are hereinabove specified) the rate tion shall not exceed the following: C Business - For the re- rubbish from any office any premises or place of those premises for which per month for said collec- Quantity Per Collection 5 or less cu. ft. 6 to 15 cu. ft. 16 to 30 cu. ft. For each 15 cu. ft. over 30 cu. ft. or fraction thereof (d) Irregular Collections -- For the occasional or irregular collection of refuse for which rates are not hereinbefore fixed the refuse collector shall be entitled to charge at the rate of fifty ($ ..30) cents per cubic yard, or fraction thereof. It shall be the duty of the refuse collector to make such collections upon being properly notified. SECTION 7. Trucks Every truck used in the collection and removal of garbage, wet garbage, and /or rubbish, shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number: - GARBAGE SERVICE San Luis Obispo, California No. SECTION 8. Burning Refuse (a) No waste matter, combustible material or refuse shall be burned in the open air upon any street, alley, park, waterway, or public place within the corporate limits of the City of San Luis Obispo. (b) No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the City of San Luis Obispo, whether in an incinerator or not. (c) No garbage or wet garbage shall be burned except in an incinerator properly constructed and approved by the City Engineer. (d) Except as hereinabove restricted and upon securing a permit therefor from the Chief of the Fire Department of the City of San Luis Obispo, all other combustible rubbish may be burned upon private premises outside Fire Zone 1 of the City of San Luis Obispo, if the same is burned between the hours of 7 and 9 A. M. and 5 and 6 P. M. of any day except on Mondays; provided, however, that combustible rubbish may be turned within Fire Zone 1 if the same is burned in an incinerator approved by the Chief of the Fire Department. (e) No garbage, wet garbage, refuse or rubbish within the City of San Luis Obispo shall be disposed of by burying the same underground, except that rubbish and refuse may be made use of for the filling of low areas within the City when it is properly leveled and covered with dirt and upon written permission of the Health Officer or City Engineer. Collections Per Week 1 2 3 6 $ .50 $ .75 $1.00 x$1.75 1.00 1.75 2.25 4.00 2.00 3.50 4.50 7.00 .50 .75 1.00 1.75 (d) Irregular Collections -- For the occasional or irregular collection of refuse for which rates are not hereinbefore fixed the refuse collector shall be entitled to charge at the rate of fifty ($ ..30) cents per cubic yard, or fraction thereof. It shall be the duty of the refuse collector to make such collections upon being properly notified. SECTION 7. Trucks Every truck used in the collection and removal of garbage, wet garbage, and /or rubbish, shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number: - GARBAGE SERVICE San Luis Obispo, California No. SECTION 8. Burning Refuse (a) No waste matter, combustible material or refuse shall be burned in the open air upon any street, alley, park, waterway, or public place within the corporate limits of the City of San Luis Obispo. (b) No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the City of San Luis Obispo, whether in an incinerator or not. (c) No garbage or wet garbage shall be burned except in an incinerator properly constructed and approved by the City Engineer. (d) Except as hereinabove restricted and upon securing a permit therefor from the Chief of the Fire Department of the City of San Luis Obispo, all other combustible rubbish may be burned upon private premises outside Fire Zone 1 of the City of San Luis Obispo, if the same is burned between the hours of 7 and 9 A. M. and 5 and 6 P. M. of any day except on Mondays; provided, however, that combustible rubbish may be turned within Fire Zone 1 if the same is burned in an incinerator approved by the Chief of the Fire Department. (e) No garbage, wet garbage, refuse or rubbish within the City of San Luis Obispo shall be disposed of by burying the same underground, except that rubbish and refuse may be made use of for the filling of low areas within the City when it is properly leveled and covered with dirt and upon written permission of the Health Officer or City Engineer. SECTION 9. Emergency Removal Nothing in this ordinance shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the Health Officer or City Engineer to constitute a health menace of such nature as necessary to be ordered by either of said officers to be promptly removed. ) SECTION 10. Producer Hauling Nothing in this ordinance contained shall be construed to prohibit any producer of refuse, garbage, wet garbage, or rubbish to personally haul in producerts vehicle, through the streets of the City of San Luis Obispo, and disposing of same at the City Dump, pro- viding that such hauling and disposal shall at all times be subject to the approval of the City Health Officer. SECTION 11. Certain Hauling Prohibited (a) It shall be unlawful for any person other than the Contract Agent to collect, remove or haul garbage, wet garbage, refuse or rubbish over the streets of the City of San Luis Obispo during such time as such Contract Agent has a contract with the City for the collection and disposal of the same; provided, however, that this section shall not apply to producer hauling as provided in Section 10 of this ordinance, nor to persons who have a permit from the Health Officer or City Engineer to haul and dispose of the same; and provided further, that the provisions of this section shall not apply during any week set apart and approved by the City Council as a "Clean Up Week1l. SECTION 12. Health Officer Regulations The City Engineer in conjunction with the Health Officer shall have power to establish rules and regulations not inconsistent with this ordinance, governing the collection and disposal of refuse, garbage, wet garbage or rubbish, provided that such rules and regu- lations shall have as their purpose the enforcement of the provisions of this ordinance and the health and sanitary laws and ordinances in effect in the City of San Luis Obispo. SECTION 13. Enforcement The City Engineer, the Health Department and the Police of the City of San Luis Obispo are hereby specifically required to en- force the provisions of this ordinance, and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this ordinance are being conformed with, and any person denying or obstructing such entry shall be subject to the penalty herein provided. It shall be unlawful for any person in any manner to inter- fere with the collection or disposal of refuse, garbage or rubbish by any person, firm or corporation authorized by license or contract to collect and dispose of the same. 4 SECTION 14. ,� - t7 Contract For the collection and disposal of refuse, garbage, wet garbage, and rubbish, a contract for a period not to exceed five years may be entered into by the City of San Luis Obispo, in accord- ance with and subject to the terms and conditions of this ordinance and the City Charter. Such contract shall provide that the Contractor shall col- lect and dispose of the refuse, garbage,,viet garbage and rubbish in the City of San Luis Obispo, in the manner in this ordinance provided, and shall not charge any amounts in excess of the rates - specified in this ordinance. Said contractor shall be required to furnish a cash or surety bond to the City of San Luis Obispo in the sum of Five Thousand ($5,000.00) Dollars, conditioned upon the faithful perform- ance of the contract and the provisions of this ordinance. Such contractor shall have the sole and exclusive right, except as in this ordinance otherwise provided, to collect all refuse, garbage, and rubbish in the City of San Luis Obispo, and transport the same through the streets and public ways of said City. Said contract shall further provide that said contractor - shall be required to dispose of all such refuse or garbage and rubbish, save and excepting wet garbage, at a dump to be known and designated as a "City Dump'?, which said dump is to be ,provided for by the con- tractor, subject to the approval of the County Health Officer and State Board of Health. Such contract shall also require that said contractor pro- cure for the period covered by the proposed contract, full compensa- tion insurance with an f +Industrial Carrierlt as defined by and in accordance with the provisions of the Labor Code of the State of California. Such a contract shall also require that said contractor carry public liability insurance to the extent of fifty thousand ($50,000.00) Dollars for the death or injury to one person, and one hundred thousand ($100,000.00) Dollars for the death or injury of more than one person, and property damage insurance to the extent of five thousand ($5,000.00) Dollars, upon each of the trucks or vehicles used by him in carrying out the work called for in the con- tract; such insurance to cover both the Cit_v and.the refuse collector. The City Council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems neces- sary to protect the interests of the City of San Luis Obispo. Before said contract shall be entered into sealed bids shall be called for by the City Council and the contract awarded to the highest responsible bidder. Each proposal or bid shall be accompanied by a certified check payable to the City of -San Luis Obispo, in the sum of one thousand ($1,000.00) Dollars, which sum shall be forfeited to the City of San Luis Obispo if the bidder to whom is awarded the contract shall fail or refuse to enter into the contract within forty -five (45) days after the date of mailing to the successful bidder the 11Notice of Award of Contract?. The Council reserves the right to reject any and all bids. SECTION 15. Disputes In all cases of disputes or complaints arising from or con- cerning the place where the garbage, wet garbage, and rubbish recep- tacles shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the City Council or the Health Officer of the City of San Luis Obispo, and such decision shall be final. SECTION 16. Constitutionality If any section, sub - section, clause or phrase of this ordinance is for any reason held to be unconstitutional, such deci- sion shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, sub - section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. SECTION 17. Penalty Any person, firm or corporation violating any of the pro- visions of this ordinance or wilfully non - complying with any of the terms, requirements or provisions contained herein, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed three hundred ($300.00) Dollars, or by imprisonment in the county jail for a period not exceeding ninety days, or by both such .fine and imprisonment. SECTION 18. Ordinance No. 103 (New Series) entitled, "An Ordinance Regulating The Handling, Collection and Conveying of Garbage, and Prohibiting the Accumulation of Refuse" as amended by Ordinance No. 173 (New Series), and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 19. This ordinance, together with the ayes and noes shall be published for two days before its final passage in the Telegram- Tribune, a daily newspaper printed, published and circulated in said City and shall take effect thirty days after its final adoption. INTRODUCED AND PASSED to print this 4th day of December- ., , 1939 by the following vote: ABSENT: None ATTEST: Mayor City Cleilk Finally passed this 11th day of December 1939 by the following vote : Ayes : W.H.Braz.il.R.P.Howell.Ralph C.H.erinedy.Fred C.Yimball, Joseph Leary Noes : None Absent None ATTEST City Cle rfi