Brisbane Municipal Code Ch. 8.24 Collection and Disposal of Garbage, Rubbish, Waste Matter and Refuse

For the purposes of this chapter, the following words shall have the meanings ascribed to them as follows:

A. "City" means the city of Brisbane.

B. "Garbage" means and includes all animal and vegetable wastes from kitchens; all household wastes that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food; every accumulation of animal and vegetable waste from the establishments where foodstuffs intended for human consumption are handled commercially; and also bottles, tin cans and any other containers of food.

C. "Person" means and includes a natural person, partnership, firm, corporation, public or municipal corporation, or association.

D. "Refuse" means and includes all types of waste materials such as defined under the headings of "garbage," "rubbish," and "waste matter."

E. "Rubbish" means and includes pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, boxes, trimmings from lawns, trees and flower gardens and similar combustible materials.

F. "Scavenger" means an agent or employee of the city, or any person, or the agents or employees thereof, with whom the city shall have duly contracted as provided in this chapter, to collect, receive, carry and/or transport garbage and/or rubbish and/or waste matter in accordance with the provisions of this chapter.

G. "Waste matter" means and includes crockery, bottles, metal vessels, ashes, shells, plaster, brickbats and all other similar noncombustible materials.

H. "Zone" means a specific geographic area of the city designated in a franchise agreement with a scavenger as the territory for which solid waste collection services shall be provided by that scavenger.

(Ord. 32 §§ 2, 6, 1962).

(Ord. No. 581, § 2, 6-13-13)

The city council establishes health and sanitation rules and regulations as set forth in this chapter.

(Ord. 32 § 1, 1962).

It is unlawful, except as otherwise provided in this chapter, for any person to collect, transport or carry refuse over any streets or public places of the city unless such person is an agent or employee of the city acting within the scope of his employment, or has been awarded a contract by the city as scavenger; provided, that the city manager with the approval of the city council may issue permits to transport or carry refuse over the streets to the scavenger of any other city or public agency if the council finds and determines that the permit is in the public interest and will not impair the contractual rights of the scavenger of the city; provided further, that the city manager, with the approval of the council, may issue permits to any person to collect, transport or carry refuse other than garbage for purposes purely incidental to the conduct of any lawful business within the city other than the business of collecting, transporting or carrying refuse.

(Ord. 32 § 11, 1962).

Nothing in this chapter shall prohibit a person, other than the scavenger, to transport, without spilling, his own refuse other than garbage in city streets without obtaining any permit.

(Ord. 32 § 12, 1962).

The city council may award one or more contracts or franchises for the collection and disposal of refuse to one or more persons which the council believes best qualified and equipped to perform the work of a scavenger. The contract shall require the scavenger to collect, remove and dispose of refuse within the geographic area of the city designated in the contract, in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the health officer, or such other officer as may be hereafter designated by city, and shall fix the compensation to be paid the scavenger therefor. It shall require the scavenger to carry workmen's compensation insurance and property damage and general liability insurance in amounts to be determined by the council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances and conditions warrant such renewal.

(Ord. 32 § 14, 1962).

(Ord. No. 581, § 3, 6-13-13)

The city council may, by resolution, establish two (2) or more solid waste collection zones within the city and may award a separate franchise agreement for each zone to a different scavenger.

(Ord. No. 581, § 4, 6-13-13)

Collections of garbage, rubbish, and waste matter shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and any scavenger. The contents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the health officer, or other designated officials, as being a satisfactory vehicle for such purpose. It is unlawful for the scavenger to spill any of the contents of the container on stairs, yards, streets, alleyways, or public places.

(Ord. 32 § 7, 1962).

It is unlawful for any person in any manner to interfere with the collection or disposal of garbage, refuse or waste matter by any person authorized by license, franchise or contract to collect or dispose of the same.

(Ord. 32 § 16, 1962).

Each and every residential unit and each and every occupied hotel, apartment house, roominghouse, motel, or auto court, and each and every premises occupied for business, commercial, or industrial uses shall have garbage collection service as specified in this chapter and shall pay a fee therefor.

(Ord. 32 § 5, 1962).

The scavenger shall have authority to charge such fees as may be determined by the city council to be reasonable, and to collect such charges either in advance, or otherwise, at such times as may be fixed in the contract.

(Ord. 32 § 15, 1962).

All garbage shall, by the person upon whose premises the same shall have been produced or accumulated, be placed in a watertight container of not less than ten (10) or more than thirty (30) gallons, net capacity, of a design approved by the city health officer, or such other person designated by the city council, which container shall be kept clean, continuously closed by a tight-fitting cover, except when garbage is being dumped within or removed therefrom, and shall be proof against the access of flies and rodents. The contents of such container shall be delivered not less than once a week to the scavenger authorized by the city to collect the same in accordance with the provisions of this chapter.

(Ord. 32 § 3, 1962).

All garbage receptacles shall be located in such a place as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or anywhere so as to constitute a nuisance.

(Ord. 32 § 3, 1962).

The producer or owner of garbage, rubbish and waste matter may elect to segregate rubbish and waste matter from garbage and the same may be placed in a box or barrel located near the watertight container, but the material so segregated shall be kept in a dry condition and in such a manner as not to be offensive, or attractive to flies and rodents and so as not to create a nuisance, or fire hazard. All cardboard and wooden boxes, except containers or refuse or waste matter under this section, shall be broken up so as to facilitate the collection of the same by the scavenger. Such refuse shall be delivered to the scavenger in the same manner as the contents of the watertight container.

(Ord. 32 § 8, 1962).

It is unlawful for any person to deposit, place or burn refuse of any kind upon public streets, alleyways or public places. It is unlawful for any person to deposit, place or burn refuse upon any public or private lot or land except as permitted in this section. Dry refuse except garbage may be burned by owners or producers of the same only under a permit from the duly constituted fire protection agency having jurisdiction and under the terms and conditions thereof, but the burning shall not create any offensive odor or smoke screen.

(Ord. 32 § 9, 1962).

All refuse collected by the scavenger shall be recycled or disposed of at a dump. The scavenger shall comply with all applicable state laws and regulations, city ordinances, and provisions of the franchise agreement designed to promote recycling and minimize the quantity of material disposed of in a land fill.

(Ord. 32 § 10, 1962).

(Ord. No. 581, § 5, 6-13-13)

In addition to all of the public officials designated in Section 1.14.010 as having authority to enforce the provisions of the municipal code, the city health officer and his or her authorized representatives, and the chief or acting chief of any fire protection agency within the city, shall be the enforcement officers under this chapter, and they shall have the right to enter upon any and all premises for the purposes of determining the sanitary conditions thereof and ascertaining whether any provisions of this chapter have been violated.

(Ord. 32 § 13, 1962).

(Ord. No. 581, § 6, 6-13-13)

The violation of any of the provisions of this chapter shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 32 § 18, 1962).

(Ord. No. 554, § 19, 1-18-11)