HomeMy WebLinkAbout0429ORDINANCE NO. 429 (1968 Series)
AN ORDINANCE AMENDING THE GARBAGE AND REFUSE
DISPOSAL ORDINANCE.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That Section 5200 of the San Luis Obispo Municipal Code be and
the same is hereby amended to read as follows:
Section 5200. Garbage and Rubbish. Definitions.
Words used in this Chapter are defined as hereinafter provided to wit:
Contract Agent - The general term "Contract Agent" includes and means an
agent or employee of the City, or any person with whom the City shall have duly contracted
under the terms set out in this Chapter, and under the provisions of the Charter of the City
of San Luis Obispo, with amendments thereto, to collect, transport through the streets,
alleys or public ways of the City, and dispose of refuse, garbage and rubbish produced
within the limits of the City.
Garbage - The word "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 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 herein defined as rubbish or
rubble.
City Disposal Site - The words "City Disposal Site" means and refers to that
certain tract of land which the contract agent shall furnish and use as a place of depositing
garbage, rubbish and rubble.
Incinerators - The term "Incinerator" includes and means fireproof receptacles
approved by the City. Engineer or Fire Chief, and used for disposing of combustible rubbish
on private premises.
Rubble - The term "Rubble " includes and means all debris from the construction,
demolition or alteration of buildings, earth, rocks or incinerator ashes, brick, mortar,
concrete and similar solid material.
Refuse - The general term Refuse"includes and means garbage, rubbish or both.
Refuse Collector - The term "Refuse Collector" as used in this Chapter includes
and means the same as heretofore defined for the term "Contract Agent. "
Rubbish - The term "Rubbish" includes and means all combustible and non-
combustible waste matter, excepting • 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 in-
clude rubble.
Gy z I
Ordinance No. 429
Page 2
SECTION 2. That Section 5200.1 of the San Luis Obispo Municipal Code be and
the same is hereby amended to read as follows:
Section 5200.1. Garbage, Rubbish, etc. Regulations for Accumulation.
No person shall deposit, keep, accumulate or permit any rubbish, rubble 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 provided in this Chapter..
(a) Garbage - No person shall keep, accumulate or permit to be kept 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; the receptacles shall have a capacity of not less than five (5) gallons and not to
exceed sixty (60) gallons, receptacles to 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, and shall be kept in a clean,
neat, sanitary condition at all times. Each receptacle, including its cover, shall upon the
outside be kept clean from accumulating grease or decomposing material.
(b) Rubbish - No person shall keep or accumulate any "Rubbish" unless the
same be 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.
(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, boarding house, cafe,
cafeteria, and other like eating places, apartment houses, and of butcher shops and green
vegetable stores, and every person occupying a dwelling or flat within the City, 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 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, boarding house, and other like
eating places, apartment houses, dwelling or flat, from which garbage or
rubbish is accumulated.
(d) Containers which do not comply with the requirements as stipulated herein,
or which deteriorate to the point where they do not comply will be tagged by the contract
Ordinance No. 429
Page 3
agent and, if not replaced by the next regular collection day, will be considered as rubbish
and removed by the agent in the same manner as any other rubbish.
SECTION 3. That Section 5200.5 of the San Luis Obispo Municipal Code be
and the same is hereby amended to read as follows:
Section 5200.5. Same. City Disposal Site.
(a) The Contract Agent shall provide a parcel of land known as the City Disposal
Site, situAted without the city lirr:its.
All garbage, refuse and rubbish collected within the city limits shall be de -
livered to the Disposal Site and disposed of in accordance with the regulation of the Disposal
Site and in accordance with the instructions of the Custodian in charge of the Disposal Site.
(b) No garbage, refuse or rubbish shall be dumped at the Disposal Site except
between the hours of 8 :00 o'clock a, m. and 6:00 o'clock p.m. of any weekday, and except
between the hours of 8 :00 a.m. and 1 :00 p.m. of any Sunday or legal holiday; provided,
however, that no garbage, refuse or rubbish shall be dumped on Christmas Day or on
New Year's Day.
(c) The Council is hereby authorized to adopt by resolution all necessary rules
and regulations for the efficient and sanitary maintenance of the City Disposal Site, and to
change or amend the same.
SECTION 4. That Section 5200.10 of the San Luis Obispo Municipal Code be
and the same is hereby amended to read as follows:
Section 5200.10. Disposal by Producer.
Nothing in this Chapter contained shall be construed to prohibit any producer
of refuse, garbage, . or rubbish from personally hauling in producer's vehicle,
through the streets of the City and disposing of same at the City Disposal Site, provided
that such hauling and disposal shall at all times be subject to the approval of the Health
Officer.
The person in charge of any vehicle used to haul refuse, garbage, ....
or rubbish under the permission granted by the provisions of this section shall, on request
from the custodian of or person in charge at the City Disposal Site, exhibit satisfactory
evidence showing that such refuse, garbage, or ruUi)ish accumulated in, and was hauled
from, the City, and that the producer thereof is a resident of the City.
The permission granted by the provisions of this section shall not include the
right to haul and dispose of dead animals, the refuse from the construction, demolition or
alteration of buildings, old automobile bodies or frames, nor any refuse or rubbish originating
in a commercial establishment where the quantity exceeds one cubic yard.
Ordinance No. 429
Page 4
The Council is hereby authorized, by resolution duly adopted by the Council,
to provide that any person who shall haul his own refuse, garbage, or rubbish and dispose
of the same at the City Disposal Site shall pay to the contractor holding a contract from the
City, a fee for such privilege. The rate of such fee shall be established by such resolution
and may be changed from time to time by the Council, by resolution duly adopted by the
Council.
SECTION 5. That Section 5200.14 of the San Luis Obispo Municipal Code be
and the same is hereby amended to read as follows:
Section 5200.14. Contract for Collection Authorized. Bond of Contractor.
For the collection and disposal of refuse, garbage, and rubbish, a contract for
a period not to exceed ten years may be entered into by the City in accordance with and
subject to the terms and conditions of this Chapter and the City Charter.
Such contract shall provide that the contractor shall collect and dispose of the
refuse, garbage and rubbish in the City in the manner in this Chapter provided, and shall
not charge any amounts in excess of the rates specified in this Chapter. The contractor
shall be required to furnish a cash or surety bond to the City in the sum of ten times the
minimum annual payment due under such contract, conditioned upon the faithful performance
of the contract and the provisions of this Chapter. Such contractor shall have the sole and
exclusive right, except as in this Chapter otherwise provided, to collect all refuse, garbage,
and rubbish in the City and transport the same through the streets and public ways of the
City.
rubbish
The contractor shall be required to dispose of all such refuse or garbage and
at a disposal site known and designated as a
City Disposal Site, which is to be provided for by the contractor, subject to the approval
of the County Health Officer and State Board of Health.
Such contract shall also require that the contractor procure for the period
covered by the proposed contract full workmen's compensation insurance with an
"Industrial Carrier" as defined by and in accordance with the provisions of the Labor ^ode
of the State of California.
Such a contract shall also require that said contractor carry public liability
insurance to the extend of One Hundred Thousand Dollars for the death or injury to one
person, and Two Hundred Thousand Dollars for the death or injury of more than one person,
and property damage insurance to the extent of Twenty -five Thousand Dollars, upon each
of the trucks or vehicles used by him in carrying out the wort: called for in the contract; such
insurance to cover both the City and the refuse collector. A certificate showing that the
contractor has such insurance in full force and effect, that City-is an additional named.
Ordinance No. 429
Page 5
insured and that City will receive written notice at least (10) days prior to cancellation of
any part of such insurance must be filed with the Cleric of the City within ten (10) days from
the date of execution of said contract.
SECTION 6. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three days before its final passage, in the Telegram- Tribune,
a newspaper printed, published and circulated in said City, and the same shall take effect
and be in force from and after its final passage.
INTRODUCED AND PASSED TO PRINT at a Regular Meeting of said City
Council held on the 4th day of November, 1968, on motion of Councilman Blake
seconded by Councilman Spring , and on the following roll call vote:
AYES: Councilmen Blake, Gallagher, Miller, Spring and Mayor Whelchel
ATTEST:
NOES: None
ABSENT: None
City Clerk
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i ayor
FINALLY PASSED this 16th day of December , 1968 ,
by the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring
Donald Q. Miller, Clell W.. Whelchel
NOES: None
ABSENT: None
MAYOR
ATTEST:
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