Daly City Municipal Code Ch. 8.12 Garbage

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

A. "Garbage" means all putrefactive or easily decomposable animal or vegetable matter that is subject to the attraction of flies or rodents and which has no property value.

B. "Refuse" means all matter and materials which are rejected by the owners or producers thereof as offensive or useless and which, by their presence and accumulation, may injuriously affect the health, comfort or safety of the community by increasing disease or hazard by fire.

C. "Waste matter" means all matter and materials which cannot be defined as refuse or garbage, but which are rejected by the owners or producers thereof as useless.

(Prior code § 14-15)

The city, its duly authorized agents, servants and employees, shall gather and collect refuse, garbage and other waste matter within the city, subject to the conditions, restrictions and limitations set forth in this chapter.

(Prior code § 14-16)

The city council may contract for the removal of refuse, garbage and other waste matter within the city subject to and in accordance with the terms of this chapter, to any responsible person qualified to remove such refuse, garbage or other waste matter, in accordance with the provisions of this chapter and subject to the inspection and direction of the city manager. If the city council elects, under the provisions of this section, to contract for the removal of refuse, garbage and other waste material with any responsible person, such contract shall provide that the contractor shall have the exclusive right to collect and dispose of refuse, garbage and other waste matter in the city under the terms of this chapter and subject to the supervision of the city manager.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-17)

A contractor contracting to collect garbage pursuant to Section 8.12.030, shall be required to furnish a surety bond to the city in the sums satisfactory to the city council, which bond shall be conditioned upon the faithful performance of the contract and the provisions of this chapter.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-18)

A contract made pursuant to Section 8.12.030 shall provide that the contractor shall be required to dispose of all refuse, garbage and other waste matter in a manner not in violation of the terms of this chapter and subject to the approval of the city manager.

(Prior code § 14-19)

A contract executed pursuant to Section 8.12.030 shall require that the contractor procure and keep in full force and effect, at all times during his operation under the terms of the contract, full compensation insurance with insurance carriers as defined by and in accordance with the provisions of Labor Code Sections 3201 to 6002.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-20)

A contract executed pursuant to Section 8.12.030 shall require that the contractor, during any of his operations under such contract, carry public liability insurance to the extent of one hundred thousand dollars for the death or injury of one person and three 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 on each of the trucks or other vehicles used by him in carrying out the work called for under the contract, such insurance to cover both the city and the contractor.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 816 § 1A, 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-21)

The city council by resolution shall have the power for the inclusion in a contract issued pursuant to Section 8.12.030 of such terms as it deems necessary to protect the interest of the city, in addition to the terms required by Sections 8.12.050, 8.12.060 and 8.12.070.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-22)

The city council is authorized to enter into a contract with any responsible person for the collection of refuse, garbage and other waste matter for any period of time not exceeding twenty-five years.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-23)

The city council is authorized and empowered to fix by resolution the maximum amount of refuse, garbage and other waste matter per week which shall be collected and disposed of from the premises of any water user in the city, at the price per water user fixed in a contract of the city council, by the person contracting with the city pursuant to Section 8.12.030; and the city council shall fix the monthly charge which shall be paid to such person so contracting for the collection and disposal of refuse, garbage and other waste matter for each water user within the city receiving such collection and disposal service not more often than once per week and having a total weekly accumulation of such refuse, garbage or other waste matter not in excess of the maximum amount so fixed by resolution of the city council.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1073: prior code § 14-24)

The collection and disposal of garbage and refuse shall be subject to all applicable health regulations and such other rules and regulations as the city manager may impose.

(Prior code § 14-25)

No person shall collect refuse, garbage and other waste matter within the city or transport the same through the streets of the city except as provided in this chapter; provided, that the provisions of this section shall not apply to collectors of swill from restaurants operating within the city.

(Prior code § 14-26)

Nothing in this chapter shall be construed to prohibit any producer of refuse, garbage, rubbish or other waste material from hauling the same through the streets of the city and disposing of the same outside the city; provided, that such hauling and disposal shall at all times be subject to the approval of the city engineer and that such hauling and disposal shall not be done without a written permit from the city manager.

(Prior code § 14-27)

A. All recycling, yard trimmings, refuse, garbage and other waste matter accumulated in the city, disposal of which is intended under the terms of this chapter, shall be placed in containers that are provided by the waste hauler and are compatible with automated collection equipment.

B. Recycling, yard trimmings, refuse, garbage or other waste matter may not be placed in plastic bags, metal cans, cardboard boxes or other containers for the purposes of curbside collection without prior authorization from the franchised waste hauler. Such nonconforming containers may only be used for special service, such as a prearranged bulky item collection.

C. All recycling, yard trimmings, refuse, garbage and other waste matter accumulated in the city, whether disposed of under the terms and conditions of this article or otherwise, shall be placed in approved containers hereinabove set forth, which containers shall be kept clean and continuously closed by tight-fitting covers, except when refuse or garbage is being dumped within or removed therefrom, and all such containers within the city shall at all times be protected against the access of flies and rodents to the contents thereof.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 820 § 1A, 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-28)

(Ord. No. 1344, § 1, 2, 4-13-2009)

Approved garbage and recycling containers may not be left in front of property on a continuous basis unless the property owner or tenant has no other reasonable storage options. Containers left in front of property on a continuous basis must be placed as close as possible to the dwelling they serve and must be concealed by landscaping, a stairwell, or decorative screening to the fullest extent possible.

(Ord. 865 § 9, 1978: prior code § 14-28.1)

(Ord. No. 1344, § 3, 4, 4-13-2009)

The contents of containers containing refuse, garbage and other waste materials designed and intended by the owners thereof to be collected by the city and its duly authorized agents, servants and employees under the terms of this chapter shall not exceed forty gallons per week. Each single-family residential homeowner shall be allowed to place, in addition to the authorized amounts set forth in this chapter, one box, or one three-mil (.0030 inches thick) heavyweight, polyethylene trash bag, containing not more than three cubic feet of garden clippings, per week. The collector thereof shall transfer the contents of all containers into appropriate containers and/or equipment provided therefor without spilling any material on stairs, walks, yards or streets.

(Ord. 823 § 4 (part), 1976: Ord. 821 § 3 (part), 1976: Ord. 820 § 1B, 1976: Ord. 816 § 1B, 1976: Ord. 769 § 4 (part), 1973: Ord. 768 § 3 (part), 1973: prior code § 14-29)

All refuse consisting of rags, used clothing, bedding, materials, shoes or other rubbish which may carry germs or communicate disease shall be taken by the collector as directly as possible on the day of collection to the place of disposal. The collector shall not retain any such described materials or carry any such rubbish to any barn, garage or premises for storage, segregation or use.

(Prior code § 14-30)

Every resident of the city is subject to the terms of this chapter. Persons residing within the city and not obtaining water from the water department of the city are required to comply with the terms of this chapter and shall be individually liable for the collection charges made by the garbage collector.

(Prior code § 14-31)

No person shall deposit or bury any refuse, garbage or other waste material within the city; provided, that rubbish and waste matter may be made use of when leveled and properly covered, and upon written permission of the city manager, for the filling in of low lots within the city.

(Prior code § 14-1)

No person shall stand or park a vehicle used for the transportation of or containing garbage, wet vegetation, wet livestock food, brewery mash or swill, anywhere in this city unless the same shall have been thoroughly steam-cleaned and all of the substances referred to in this section removed.

(Prior code § 14-2)

Violation of any provision or section of this chapter shall be deemed to be an infraction. Each person convicted of a violation determined to be an infraction shall pay the following:

A. A fine not exceeding fifty dollars for a first violation;

B. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.

(Ord. 865 § 10 (part), 1978: prior code § 14-32 (part))