Blythe Municipal Code Ch. 8.24 Garbage and Refuse

As used in this chapter:

"Bulky items" includes objects of furniture, household and industrial appliances, shipping crates and containers, and other large bulky or heavy objects not normally discarded on a regular basis by city residences, or commercial or industrial establishments.

"Garbage" includes all waste accumulations of animal, fruit, vegetable or other matter that attends or results from the preparation, use, cooking, processing, dealing in or storage of food, meat, fish, fowl, fruits or vegetables, including the same or parts thereof.

"Landscaper" means a licensed gardener, tree trimmer or person(s) engaged in landscape maintenance who has a business license to operate in the city.

"Organic solid waste" means any yard type material generated through tree or shrub trimming, grass clipping/mowing or leaf raking.

"Refuse" means any and all waste matter and material, and includes garbage and rubbish.

"Rubbish" means and includes all refuse other than garbage, including papers, rags, glass, sawdust, sweepings, plaster, pasteboard boxes, metal shavings, boxes, ashes, grass, shrubbery or tree cuttings, tree trimmings or other agricultural debris and all other refuse.

(Ord. 739 § 1 (part), 1997)

A. The city council finds that it is for the best interest of the city to provide for periodic collections of garbage, refuse and rubbish from all places in the city, and that providing for such periodic collections thereof benefits all occupants of places and premises in the city, and that, therefore, all such occupants of places and premises within the city are made liable for the collection charges prescribed by this chapter in the manner set forth in this chapter.

B. The city has an exclusive right and duty to collect garbage, rubbish and refuse in the city and the city council, at such times and for such periods as in its judgment is in the best interest of the city, shall contract with any person, firm or corporation for the collection of garbage, rubbish and refuse, thereby contracting with it or them as independent contractors for such collection and the term of such contract or contracts.

C. The contract shall specify that the remuneration to be paid to such independent contractor or contractors shall be equal to the total amount of the charges and fees collected by the city clerk under Section 8.24.100, plus a percentage to be retained by the city as compensation for its services as collector of such fees and charges. The percentage may be changed from time to time by agreement with the independent contractor or contractors and by resolution of the city council, and the contract shall have therein a clause allowing such change. The city may also withhold from the amounts collected, insurance premiums as provided by this chapter, unless the independent contractor or contractors at all items keeps on file with the city clerk satisfactory proof that all insurance required by the contract has been complied with.

(Ord. 739 § 1 (part), 1997)

The frequency of collections and removal of refuse from each private residence shall be established by the city council. The collection and removal of refuse from all meat, fish and vegetable markets, restaurants, boardinghouses, hotels, apartments, hospitals, business places and other places shall be made as often as the public works director, or his authorized representative, may order from time to time. Commercial-type bins shall be collected a minimum of once a week.

(Ord. 739 § 1 (part), 1997)

No person shall tamper with, remove from or deposit, solid waste into any container which has not been provided for his or her own use without the permission of the owner of the container.

(Ord. 739 § 1 (part), 1997)

No person shall dump or cause to be dumped on any private or public land any refuse, waste, household trash, rubbish or debris.

(Ord. 739 § 1 (part), 1997)

A licensed gardener, tree trimmer or person(s) engaged in landscape maintenance who has a business license to operate in the city (hereafter referred to as landscaper) on commercial or private property shall be responsible for disposal of any yard type waste in one manner listed below:

A. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the landscaper to a facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations.

B. Refuse disposal containers belonging to the property or business owner may be used for disposal of organic solid waste by the landscaper as long as:

1. No more than fifty percent of any one container is filled with the organic material;

2. Tree trimmings and brush shall be cut into four-foot lengths and tied into bundles of not larger than twenty-four inches in diameter;

3. During the season (October—December) when heavy trimming takes place, the landscaper shall request at least one (more if necessary) additional dumps of the refuse disposal bin.

(Ord. 739 § 1 (part), 1997)

"Recyclable materials" are defined as materials which have an economic value in the secondary materials market.

From the time of placement of recyclable materials in a designated collection receptacle or in any container used for recycling provided by the city's authorized agent, said recyclable materials shall be and become the property of the city's authorized agent.

It shall be a violation of this chapter for any person not authorized by the city to remove or interfere with said containers and/or the recyclable materials used or deposited in said containers. Any and each such removal or interference shall constitute a separate offense punishable as a misdemeanor with, however, a maximum fine of five hundred dollars and a maximum of six months in the county jail.

(Ord. 788 § 1, 2004: Ord. 739 § 1 (part), 1997)

It shall be the responsibility of any property owner, business or residential, to request additional dumps of their refuse disposal bin or additional refuse disposal bins if the amount of trash generated by that property exceeds the amount of trash which can be contained in the current disposal area.

(Ord. 739 § 1 (part), 1997)

Refuse disposal containers supplied by the city or franchised collector are required for any property within the city from which garbage accumulates or is produced.

(Ord. 739 § 1 (part), 1997)

Container specifications shall be as per the franchised collector contract for residential and commercial disposal.

(Ord. 739 § 1 (part), 1997)

The keeping of garbage, refuse and rubbish in containers other than those prescribed in this chapter, or the keeping upon premises of garbage or rubbish which is offensive, obnoxious or unsanitary, is unlawful, shall constitute a public nuisance and may be abated in the manner provided by law for the abatement of nuisances.

(Ord. 739 § 1 (part), 1997)

All vehicles or containers used to transport refuse within the city shall have metal-lined, leakproof bodies, and from the time that the last pickup of refuse is placed upon the vehicle until the vehicle reaches the place of final disposal, the refuse shall be covered by a tarpaulin or other suitable covering, fastened down on the sides.

(Ord. 739 § 1 (part), 1997)

The monthly rates to be charged for garbage, refuse, and rubbish collection service shall be fixed by resolution of the city council. Said rates may be changed from time to time by resolution of the city council.

(Ord. 739 § 1 (part), 1997)

A. The city clerk is designated as the collector of all garbage, refuse and rubbish fees and charges.

B. Each month after the effective date of the ordinance codified in this chapter, he shall bill every person, firm or corporation producing garbage or trash removed by the refuse collector, by adding the amount of such refuse, garbage and rubbish collection fee or charge to the water bill of such person, firm or corporation, or if said person, firm or corporation for garbage, rubbish and refuse collection alone.

C. If the garbage, refuse or rubbish collection fee charged is not paid within the time provided by ordinance for payment of water bills, the water service and garbage and trash collection service to such delinquent customers shall be discontinued. The same penalties and the same rules relating to the payment of water bills and the discontinuance and removal of service shall apply to the collection of refuse, rubbish or garbage collection fees and charges, and those parts or any ordinances of the city relating thereto are incorporated in this section and made a part thereof.

(Ord. 739 § 1 (part), 1997)

A. Upon written request, the city may suspend billing for service for residential property occupied by the owner when the property will be uninhabited for a period of time in excess of sixty days. The written request must state a date to resume billing for service. The city may grant an extension of the suspended billing period upon written request stating a new date to resume billing for service and upon verification by the city that such property is still uninhabited.

B. Upon written request from the property owner, or manager, the city may suspend billing for service for rental property if the property will be uninhabited for an extended period. The written request must include a date to resume service billing not to exceed sixty days. A thirty-day extension may be granted upon written request from the responsible party and upon verification by the city that such property is still uninhabited.

(Ord. 739 § 1 (part), 1997)

A. The council finds that the periodic collection of garbage, refuse and rubbish from all places benefits all occupants of places and premises of the city, therefore all such occupants are made liable for the garbage, rubbish and refuse collection fees prescribed by resolutions of the city council pursuant to this chapter.

B. In case of premises containing more than one dwelling unit, which units are served by a single water meter, such fees may be billed to the landlord or owner, who shall collect such fees levied against the occupants of the dwelling units located on the premises, and shall transmit the amounts so collected to the city clerk, said landlord shall be liable to the city for the payment of such fees.

C. In the case of premises containing more than one dwelling unit, which units are served by two or more water meters, such fees may be apportioned on the bills by the city clerk between the two or more water meters, such fees may be billed to the landlord or owner, who shall collect such fees levied against the occupants of the dwelling unit located on said premises, and shall transmit the amount so collected to the city clerk. In the event the landlord or owner fails to collect said fees from any such occupant and remit same to the city clerk, said landlord shall be liable to the city for the payment of such fees.

(Ord. 739 § 1 (part), 1997)

A. No person shall place or deposit any refuse in or upon any public place, street, alley, sidewalk or foot path in the city except in proper containers, for the purpose of collection by the collectors, between the hours of five p.m. the day before and eight p.m. on the days when the city or its authorized agent collects from the particular premises adjacent thereto.

B. The director of public works shall have the power and authority to promulgate rules and regulations supplemental to and not inconsistent with the provisions of this chapter governing the keeping, placement for collection, collection, removal and disposal of refuse, garbage and rubbish. Any such rules and regulations shall become effective upon approval by resolution of the city council. No person having knowledge of or having been advised of such a rule or regulation shall disobey, violate, fail or refuse to comply with the same.

(Ord. 739 § 1 (part), 1997)

No person shall burn any refuse within the city, except in an approved incinerator or other device for which a permit has been issued by the chief building inspector, and which complies with all applicable permit and other regulations of the air-pollution-control district, provided that any such act of burning in all respects complies with all other laws, and rules and regulations administered by the air-pollution-control district.

(Ord. 739 § 1 (part), 1997)

The director of the public works department and his authorized representatives are empowered to inspect and supervise all containers, wagons, cars, trucks or other vehicles used in the retention, collection and disposal of refuse, and to see that the same are kept clean and sanitary. The director may also inspect places where refuse is deposited. It shall be his duty to see that all provisions of this chapter and all other applicable ordinances of the city are fully complied with.

(Ord. 739 § 1 (part), 1997)

Any person that violates any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail of Riverside County for not more than six months, or by both such fine and imprisonment.

(Ord. 739 § 1 (part), 1997)

(Ord. No. 899, § 2, 12-10-19)

Violation of this chapter may be punishable as a criminal offense or by the issuance of an administrative citation in accordance with Chapter 1.26 of this code. The administrative fine for an administrative citation issued for violation of Section 8.24.046 (Unauthorized dumping) shall be as follows:

A. An administrative fine of one thousand dollars for the first violation;

B. An administrative fine of one thousand five hundred dollars for the second violation; and

C. An administrative fine of two thousand dollars for the third and each subsequent violation.

(Ord. No. 899, § 3, 12-10-19)