Brawley Municipal Code § 15.4 Interfering with solid waste placed for collection

1. For state law authorizing cities to enter into garbage and refuse disposal contracts, see P.R.C. § 49300.

Footnotes:

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Editor's note— Ord. No. 2023-01, § 3, adopted March 21, 2023, amended Ch. 15 in its entirety to read as herein set out. Former Ch. 15, §§ 15.1—15.17, pertained to similar subject matter, and derived from Ord. No. 95-14, Exh. A; Ord. No. 2010-01, §§ 1, 2; Ord. No. 2011-03, § 1, adopted Aug. 1, 2011; and Ord. No. 2022-02, § 3, adopted June 21, 2022.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed by this section:

(a) "City agent" shall mean any person designated by the city council or city manager as being responsible for administering, directing, supervising, collecting, or providing for the disposal of refuse and waste.

(b) "Nonstandard items" shall mean and include, but are not limited to tires, appliances, furniture, wood, any oils or petroleum products, all earthen materials (such as stone), all construction materials, and other items as determined by the City of Brawley.

(c) "Permittee" shall mean a recycling operator and/or garbage collector performing services pursuant to a franchise agreement, contract, or permit awarded or issued by the City.

(d) "Person in charge of the premises" shall mean the owner or person in possession, charge or control of any private property utilizing a solid waste bin or container.

(e) "Recyclable materials" shall mean paper, glass, cardboard, plastic, ferrous metals, aluminum, compostable yard matter, or other materials which may be recycled for use in an altered form that has been segregated from other solid waste and placed at a designated collection location for the purpose of collection and recycling.

(f) "Recycling operator" shall mean a person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection and recycling of waste and other discarded materials.

(g) "Solid waste" shall mean and include general household and commercial refuse; animal, fruit and vegetable wastes; paper products; lawn trimmings; shrubbery trimmings less than two inches in diameter and less than two feet in length; glassware and crockery ware; cloth materials; yard sweepings; bottles and tin cans; and all other waste substances or materials which are subject to decay, decomposition, or that may purify.

(h) "Solid waste bin" shall mean a dumpster-type receptacle for alley service areas of an approximate capacity of three to four cubic yards, supplied by the City of Brawley's contracted solid waste enterprise for solid waste handling services.

(i) "Solid waste container" shall mean a water-tight receptacle for curbside service areas designed for safe handling, not to exceed ninety gallons in capacity, supplied by the City of Brawley's contracted solid waste enterprise for solid waste handling services.

(j) "Solid waste bin 'owner' or solid waste container 'owner'" shall mean the City of Brawley's contracted solid waste enterprise for solid waste handling services providing the bin or container or any person working on its behalf.

(Ord. No. 2023-01, § 3, 3-21-2023)

The solid waste bin owner shall maintain a log, which the bin owner shall make available to the city upon request, identifying:

(a) The name of the person in charge of the premises and his or her contact information including address (if other than the address where the bin is located) and telephone number(s);

(b) The address where the bin is located; and

(c) The type of bin.

(Ord. No. 2023-01, § 3, 3-21-2023)

The solid waste bin/container owner shall provide bins or containers in good repair and condition with tight fitting lids, doors or covers.

It shall be the duty of the person in charge of the premises to keep such solid waste container(s) clean at all times and in condition to prevent access to the contents by flies, rodents, or other pests. It shall be the solid waste bin owner's responsibility to clean and maintain the multiple-user solid waste bins in a similar manner and condition.

If the solid waste bin owner determines that any solid waste container as defined herein is not fit for such use, a notice shall be placed on the receptacle specifying the deficiency. The person in charge of the premises shall then make arrangements to have the container exchange for a new container.

The person in charge of the premises shall secure solid waste bins with a pad lock upon direction of the city when repeated occurrences warrant further steps to prevent or deter unlawful tampering or meddling of solid waste.

(Ord. No. 2023-01, § 3, 3-21-2023)

(a) All containers used shall be set out for collection in a place convenient and accessible to the collectors), and shall be placed for collection not more than one foot from the curb, without a fence, hedge or other obstruction between the collector and the container(s). Cars or other objects shall not hinder the collection of the container(s). The person in charge of the premises shall place their container(s) next to that of a neighbor to eliminate unnecessary stops. The person in charge of the premises shall see that the bin or container lids, doors, covers and access doors remain closed when not in actual use, placing or removing waste.

(b) No person shall place, or cause to be placed, any solid waste, green waste and/or recyclable receptacle therefore, in any public highway or in any place or in any manner other than herein above provided, or at any time other than the days established by the city for the collection thereof on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all receptacles shall be removed from the place of collection within forty-eight hours from the day the receptacles have been emptied.

(c) Each owner, occupant, tenant or lessee of a residential unit or commercial premises shall maintain the same in a sanitary condition. If the containers or receptacles are not emptied and the contents removed on the date and time scheduled by the permittee, such person shall immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal thereof.

(d) Refuse, trash rubbish, green waste, recyclables and other solid waste which exceeds the limitations hereinabove set forth may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval from the abovementioned occupant of the premises and subject to any requirements set forth in the permit.

(e) No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, green waste or recyclable material receptacle or the contents thereof, or remove the contents thereof, or remove any receptacle from the location where the same shall have been placed for collection.

(Ord. No. 2023-01, § 3, 3-21-2023)

Recyclable materials placed at the curbside of residential, commercial, industrial, public, or quasi-public facilities or properties or placed for collection on residential, commercial, industrial, public, or quasi-public facilities or properties for pick up by the city's permittee shall become the property of the permittee at the time of placement in either the city's or permittee's recycling containers or otherwise set out for collection under the city's recycling program. Such materials shall be deemed discarded by a property owner or occupant at the time the material is placed in the container or otherwise set out for collection.

(Ord. No. 2023-01, § 3, 3-21-2023)

It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, or take any recyclable materials or garbage without the consent of the resident or occupant of a premises that place the recyclable materials out for collection or a permittee.

(Ord. No. 2023-01, § 3, 3-21-2023)

No person shall collect or transport recyclable materials or garbage within the city unless such person is a permittee of the city or is exempt in accordance with subsections (a) or (b) of this section. No person shall permit, allow, or enter into any agreement whatsoever for the collection of recyclable materials or garbage from any residential unit, commercial or industrial premises, or public or quasi-public facility with any person who is not a permittee as herein defined, except as permitted in subsections (a) or (b) of this section.

(a) The collection and removal of grass clippings and shrubbery by individual residents, business owners, and by individuals doing business as professional landscapers/gardeners, when the collection is directly related to their work and having a valid business license issued by the City of Brawley, shall be exempt from the permit section.

(b) The removal of recyclable materials or garbage from a residential, commercial, industrial, or public or quasi-public facility by the owner or occupant shall be exempt from this section.

(Ord. No. 2023-01, § 3, 3-21-2023)

Nothing in this section 15.4 shall be deemed to limit the right of an authorized permittee to bring civil action against any person who violates the foregoing sub-sections of this section 15.4, nor shall a conviction for such violation exempt any person from civil action brought by a city permittee.

(Ord. No. 2023-01, § 3, 3-21-2023)

Notwithstanding any other provision in the Brawley Municipal Code, and subject to the general penalty provided therein, each violation of the provisions of this article may be enforced alternatively as follows:

(a) A violation of this section 15.4 may be punishable as a misdemeanor or an infraction at the discretion of the city attorney;

(b) The city attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this section 15.4, as provided by law.

(Ord. No. 2023-01, § 3, 3-21-2023)

Collection of nonstandard item(s) shall be arranged by the person in charge of the premises through the city's contracted solid waste enterprise for solid waste handling services. The city's contracted solid waste enterprise shall specify the time for collection and the placement of the item(s) on the property the item(s) are to be collected from.

(Ord. No. 2023-01, § 3, 3-21-2023)

It shall be unlawful to burn solid waste in the city unless it is in a location and receptacle of a type approved by the fire department of the city.

(Ord. No. 2023-01, § 3, 3-21-2023)

It shall be unlawful, except as specified or defined in this chapter, for any person in the city to throw or deposit any solid waste, or permit same to be thrown or deposited in or upon any street, alley, gutter, curb, park, or other public place, or throw or deposit same in or upon any vacant lot or backyard, or to store, deposit, or keep solid waste where rats or other vermin can have access to or feed thereon.

(Ord. No. 2023-01, § 3, 3-21-2023)

It is unlawful for any owner, lessee or occupant of buildings, grounds or lots to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled or occupied by him in the city, any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste or matter which is or which is liable to become putrid or offensive or which is or which is liable to become a fire menace or a menace to health or safety. It is also unlawful for such person to fail to provide for collection of all such solid waste by a solid waste hauler duly authorized by the city. Violation of this section is an infraction and shall be punishable as set forth in section 15.17 of the Brawley Municipal Code.

It shall be a defense as to any charge alleging a violation of this section that at the time such offense allegedly occurred, the person had a valid agreement then current and in effect with a duly licensed or franchised garbage or rubbish collector or collectors with the city for the collection of garbage or refuse at his premises. However, the defense must be asserted by the person so charged and the burden of proof shall be upon such person so charged to show that such agreement was in full force and effect at the time of the alleged violation. The burden of proof shall also fall to the person so charged that the level of service as set forth in the agreement was sufficient to serve the premises.

(Ord. No. 2023-01, § 3, 3-21-2023)

All solid waste and franchised recyclables collected by the city contracted solid waste enterprise for removal from the premises where accumulated and transported over and upon a public street, alley, lane, right of way or place shall become the property of the city contracted solid waste enterprise. Such solid waste and franchised recyclables collected shall be subject to the exclusive control and disposition by the city contracted solid waste enterprise.

Solid waste of a soft, mushy and/or liquid nature shall not be transported by a private contractor or individual without a permit from the public works director, which permit shall require compliance with all city ordinances and public health laws and regulations. Such permit shall not be granted unless the body of the vehicle is of a type and design that materials being transported will not leak, spill, blow, or otherwise escape therefrom while being transported.

(Ord. No. 2023-01, § 3, 3-21-2023)

For any service required or authorized under this chapter in the collection of solid waste, rates shall be set by resolution of the city council and may be modified from time to time by resolution of the city council.

(Ord. No. 2023-01, § 3, 3-21-2023)

Prior to the adoption of any resolution establishing or modifying rates for solid waste collection, a public hearing on such proposed rates shall be held by the city council. Notice of such public hearing shall be given by the city clerk by publication one time in a newspaper of general circulation in the city at least ten days prior to the hearing. No establishment or modification of rates for solid waste collection shall be adopted until at least fourteen days after such public hearing.

(Ord. No. 2023-01, § 3, 3-21-2023)

Charges for collection of solid waste shall be due on the first day of each calendar month in advance. The finance department is designated as the collector of such service charges and where same may be paid. Upon payment they shall give a receipt showing the amount paid, the period covered by the payment, and the premises for which it is paid. The receipt shall be in duplicate and a duplicate copy kept by the finance department. The monthly charge shall be due and payable at the same time and in the same manner as water bills are paid to the city, and all ordinances, rules, and regulations governing collection of water bills shall apply in every particular to the collection of solid waste collection charges.

(Ord. No. 2023-01, § 3, 3-21-2023)

Rendering of the service of collection of solid waste shall be presumed to be for the benefit of the premises from which it is removed, and the occupant of the premises shall be presumed to be the agent of the owner thereof and acting on behalf of the owner in receiving such service, and the charges of such service if unpaid shall become a lien on the premises served.

Every person receiving solid waste collection under this chapter shall be personally liable to the city for payment of the rates established in this chapter for such service.

(Ord. No. 2023-01, § 3, 3-21-2023)

Delinquent charges for services rendered to the premises under this chapter may be collected at the option of the city council by a personal action against the occupant receiving such service or by an action for foreclosure of the lien on the premises served.

(Ord. No. 2023-01, § 3, 3-21-2023)

If additional collections are required, they can be scheduled by the city's contracted solid waste enterprise for solid waste handling services, and the associated additional charges as provided for in this chapter applied.

(Ord. No. 2023-01, § 3, 3-21-2023)

The city council may from time to time promulgate rules and regulations construing their intent in the application of the provisions of this chapter to practical problems and situations as they arise.

(Ord. No. 2023-01, § 3, 3-21-2023)

This chapter may be amended by a resolution of the city council pertaining to the implementation of the Solid Waste Reduction Act.

(Ord. No. 2023-01, § 3, 3-21-2023)

A violation of this chapter (other than section 15.4) shall constitute an infraction punishable by:

(a) A fine not exceeding one hundred dollars for the first violation;

(b) A fine not exceeding two hundred dollars for second violation of this chapter within one year; and

(c) A fine not exceeding five hundred dollars for each additional violation of this chapter within one year.

(Ord. No. 2023-01, § 3, 3-21-2023)