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OF ,
NANCE NO. 486 (1970 ies)
• AN ORDINANCE PROVIDING FOR A MANDATORY SOLID
WASTE DISPOSAL SERVICE.
SECTION 1. That the title of Chapter 2 of Article V of the San Luis Obispo
Municipal Code and the wording of the following sections thereof shall be and is -hereby
amended to read as follows:
Chapter 2 - Solid Waste Disposal
Section 5200, - 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, rubbish and artier solid waste 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, brie.,
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 include rubble.
4�6
Ordinance No. 486 (1970 Series)
Page 2
Solid Waste - The term "Solid Taste" includes and means all waste substances
including garbage as well as combustible and non - combustible wastes.
Section 5200.1 - Solid Waste. Regulations for Accumulation.
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, 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" or other
solid waste 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.
Ordinance No. 486 (1970 Series)
Page 3
(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 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 5200.2 - Same. Transportation.
(a) Solid Waste and Rubbish Transportation - No solid waste or rubbish
shall be removed and carried on and along the streets and alleys of the
City except that the same be carried, conveyed or hauled in conveyances
so constructed as to be absolutely dust - proof, and so arranged as not to
permit dust or other matter to shift through or fall upon the 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 City except the same be
transported in water -tight containers with proper covers, so that the
garbage shall not be offensive and every such container shall be Dept
clean and the garbage shall be so loaded that none of it shall fall, drip or
spill to or on the ;round, sidewalk; or pavement.
Section.5200.3 - Same Collection.
All garbage or refuse of any kind, shall be removed by the City, its agent,
employees, or permittees or representatives, at least once every seven days,
unless otherwise directed by the City Health Office or the City Engineer.
Section 5200.4 - Same, City Health Officer or City Engineer Directs P.ernoval.
It shall be the duty of any collector enga.ed in or conducting the business of
collecting garbage or rubbish, by contract with the City or acting as its agent,
permittee, or representative, under this Chapter, when directed by the Health
Officer or City Engineer, to remove rubbish or garbage to which the attention of the
collector may be directed by the Health Officer or City Engineer, and where garbage
or rubbish is accumulated and thence rercioved, any and all the cost of said
removal of garbage or rubbish shall be collected in accordance with the
provisions of this Chapter.
Ordinance No. 486 (1970 Series)
Page 4
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 limits.
All garbage, refuse and rubbish collected within the city limits shall be
delivered 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 am, 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 5200.6 - Use of Solid Waste Disposal Service Mandatory.
(a) It is hereby found and deterrrdned that the periodic collection of garbage,
wet garbage, refuse or rubbish, hereinafter collectively referred to as
"Solid 7lastes" from all places in the City of San Luis Obispo benefits all
occupants of places and premises in the City, and in nearly every case the
person who is the occupant of any place in or from which solid wastes are
created, accumulated or produced has already contracted for other
municipal services to the premises.
(b) Solid Waste Disposal Service, subject to the limitations herein noted
will hereafter be provided by the City of San Luis Obispo through its
Contract Agent and it shall be mandatory for all places and premises in the
City of San Luis Obispo in or on which garbage or other solid waste is
created, accumulated or produced to use the City's collection service;
provided, however, that there may be joint or multiple use of solid waste
containers, subject to conditions established by the City.
(c) For the purposes of establishing liability and responsibility for the
payment of the fees hereinafter set forth, the party responsible for
payment for garbage service is deemed to be the person who has heretofore
applied or will hereafter apply for water service to each place or premise
within the City and the fees hereinafter set forth for single family
residences shall be collected with the City's water bills, provided that any
parcel containing occupied structures or structures from which such solid
Ordinance No. 486 (1970 Series)
Page 5
waste is created and not connected to the City water service shall be
billed directly by the City. In the case of apartments, duplexes and
commercial establishments, the City Council has authorized collection
of the fees by the Contract Agent since such fees in many cases require
periodic surveys or audit of the number of pickups and the amounts of
garbage involved. All fees shall be collected in advance.
(d) The fees imposed by this Ordinance shall be a civil debt owing to the
City of San Luis Obispo and, except as noted herein, must be paid with the
water billing and sewer service charge. No amounts less than the total
of these three charges will be accepted by the City and if said amounts
are not paid when due the City may, in addition to other remedies, shut
off the water service.
Section 5200.5A - Collection Rates for Solid Vlaste Disposal.
(a) Households - For the service of collecting all refuse, garbage, solid
waste or rubbish ordinarily produced in and about the household, but not
including dead animals, or the refuse from the construction, demolition or
alteration of buildings, earth, rocks or incinerator ashes, the following
rates per month are established:
Single Family residences:
35 gallons or less
1 collection per week - one container ",2: 50
1 collection per week - two containers
1 collection per week - three containers �•; ;_;
2 collections per week - one container ; , '•0
The above service includes a weekly pickup of up to one (1) cubic yard
of rubbish including tree trimmings, grass cuttings, dead plants and
weeds, providing that such rubbish shall be deposited in appropriate containers
that can be handled by one man and placed on the curb in front of the
residence.
Apartments and Duplexes:
Where individual containers are used, rates will be the same as single
family residences.
Dumpmaster container rates shall be $1.50 per unit, plus $5.00 monthly
rent per Dumpmaster container for one collection per week. Two (2)
collections per week: per Dumpmaster container shall be $2.10 per unit.
(b) Commercial Establishments or Motels - For the service of collecting
all refuse, garbage, wet garbage or rubbish ordinarily produced in and
about commercial establishments or motels, but not including dead
animals, or the refuse from the construction, demolition or alteration of
Ordinance No. 486 (15 Series)
Page 6
buildings, earth, rocks or incinerator ashes, each separate commercial
establishment or motel having refuse containers shall not be required
to pay more than the following rates:
No: of 35 ,ates per month for the following number of collections
gal. cans:
Pates ner month for commercial
Dumpmaster containers
per wee::
for the following number of collections per week.
2.50
$ 5.00
1
2
3
1
2
3
6
7
1
$ 2 :50
$ 5:00
$ 6:50
$ 8.00
$10;00
2
3.50
6:00
8:50
11:50
14 ;OG
3
4:50
7.00
10 :50
15.00
18.00
4
5:50
8:00
12.50
18.50
22:00
5
6:50
9:00
14:50
22:00
26:00
6
7:50
10 :00
16:50
25.50
30:00
7
8.50
11:00
18;50
29.00
34:00
8
9:50
12.00
20:50
32:50
38.00
9
10:50
13.00
22:50
36:00
42:00
10
11,50
14.00
25.00
39.50
46.00
For 35 gallon cans in excess of ten (10), the rate shall be an additional
$1.00 per can per collection.
No. of
Pates ner month for commercial
Dumpmaster containers
cu., yds•
for the following number of collections per week.
2.50
$ 5.00
1
2
3
6
7
1
$10 :00
$15:00
$18:00
$31:00
$36 :00
2
13:50
19 :00
23:30
35.00
40:00
3
16:50
23.50
29 :30
42.50
50 :00
4
20:10
29:90
37 :50
53:10
63:00
5
23 :70
35:30
44:70
61:70
65:00
6
27:30
41 :70
52.90
68:30
00 :00
8
35.00
51.60
67.10
93.90
103.00
The above rates include the mond -dy container rental.
No. of
cu. ft.
7 cu. ft. or less
Each 5 cu. ft.
over 7 cu. ft.
Dates per month for commercial establishments or motels not
using Dumpmaster containers or cans for the following number
of collection mr wee:::
1
2
3
6
7
2.50
$ 5.00
$ 6.30
$ 9.00
$10.00
0.60 0.90 . 1.20 1.60 1.0/0
(c) Office Buildings, Place of Business - For the regular collection,
removal and disposal of rubbish from any office building using a common
container or from any premises or place of business producing said refuse,
(excepting those premises for which rates are hereinabove specified;,
the rate per month for the collection shall not exceed that listed in (b)
above.
(d) Each container other than a Dumpmaster container and its contents,
shall not exceed seventy -five (75) pounds. Drums of the approximate 55
gallon size shall be charged at the rate of two (2) containers. All
commercial and motel rates shall be based upon six (6) months avera;e
quantities unless such esta.blishrnents contract for irregular collections.
Ordinance No. 486 (1970 Series)
Page 7
(e) Irregular Collections:
Each 5 cubic feet or fraction thereof $3.00
Section 5200.7 - Same. Trucks.
Every truck used in the collection and removal of garbage, 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:
REFUSE SE= "DICE
San Luis Obispo, California
No.
Section 5200.8 -Burning or Burying Refuse.
(a) No waste matter, combustible material or refuse shall be burned in
the open air within the City, except barbecue fires.
(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, whether in an incinerator or not except as noted above.
(c) No garbage, wet garbage, refuse or rubbish 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
Office or City Engineer.
Section 5200.9 - Emergency Removal of Solid Wastes.
Nothing in this Chapter 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 n at-are as necessary to be ordered by
either of said offirevs to be uromml.v reliloved.
Section 5200.11. Certain Hauling Prohibited.
No person, other than the Contract Agent, shall collect, remove or haul solid
wastes including but not limited to refuse or rubbish over the streets of the City
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 5200. 10, nor to persons who
have a permit from the Health Officer or City Engineer for emergency removal
of the same.
SECTION 2. Any person, firm or corporation violating the provisions of this
Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punishable in accordance with the provisions of Section 1200 of the San Luis Obispo
Nluni.cipal Code.
Ordinance No. 48_(1970 Series)
PA. ap r
SECTION 3. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, such decision shall not affect
the validity of the remaining portions thereof, ,lie City Council hereby declares that
it would have passed this Ordinance and each section, subsection, sentence, Phrase or
clause hereof, irrespective of the fact that any one or more sections, subsections,
sentences, phrases or clauses are unconstitutional.
SECTION 4, This Ordinance, together with the ayes and noes, shall be
published once in full, at least three 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 on July 1, 1970.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Meeting held thereof on the 20th day of April , 1970 on
motion of Councilman Blake seconded by Councilm=an Miller and on
the following roll call vote:
AYES: Councilmen Blare, Graham, Miller, Spring and lzfayor Schwartz
NOES: None
ABSENT: None
ATTEST:
i
d
e
FINALLY PASSED this
4th day of May , 19 70 ,
by the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: Norte
ATTEST: