Duarte Municipal Code Ch. 6.08 Garbage and Rubbish Disposal

The following words and phrases, wherever used in this chapter shall be construed as follows:

AUTHORIZED RECYCLING CONTRACTOR.

"Authorized recycling contractor" means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

GARBAGE.

"Garbage" means all animal, fish, fruit and vegetable refuse, of whatever nature, and all waste resulting from handling, preparing, cooking and consuming of food, which has been discarded or rejected by households, commercial, and industrial establishments which have been set out or placed for collection and disposal, and that which is not collected for recycling for the purpose of meeting state-mandated recycling objectives.

RUBBISH.

"Rubbish" means all broken glass, crockery, bottles, tin cans, food cartons, containers, metals, and all other similar small non-combustible waste articles, materials, and debris, which have been discarded or rejected by households, commercial, and industrial establishments, and which have been set out or placed for collection and disposal (excluding automobile parts and bodies, concrete, asphalt, and rocks), and that which is not collected for recycling for the purpose of meeting state-mandated recycling objectives.

COMBUSTIBLE TRASH.

"Combustible trash" means and includes combustible waste articles, materials, debris, litter, refuse, leaves, twigs, tree and shrubbery clippings, rubber, paper, and rags, which have been discarded or rejected by the owner thereof and set out or placed for collection.

"Combustible trash" does not include rock, concrete, asphalt, and other noncombustible waste materials resulting from building construction, alteration, or repair, or that which is not collected for recycling for the purpose of meeting state-mandated recycling objectives.

REFUSE. "Refuse" means garbage, rubbish, and/or combustible trash which is not collected for recycling for the purpose of meeting state-mandated recycling objectives.

HOUSEHOLDER. "Householder" means a person or persons owning, renting, or otherwise holding or occupying a single-family dwelling, including a trailer not located within a trailer park, singly or with his family, for residential purposes.

HOTEL. "Hotel" means any building or buildings, lodging house, rooming house, dormitory, public or private club, containing two or more guest rooms or apartments, with or without kitchens or meals, used or intended, wholly or in part, for the accommodation of guests, on either a temporary or a permanent basis.

MOTEL. "Motel" means any building or buildings containing two or more guest rooms or apartments, with or without kitchens, used or intended wholly or in part for the accommodation of automobile transients.

MOBILE HOME PARK. "Mobile home park" includes a trailer park, and means any area or tract of land where space is rented or held out for rent to two or more owners or users of mobile homes, trailer coaches, or tent campers.

MULTIPLE DWELLING. "Multiple dwelling" means any tract of land improved with more than one single-family dwelling, and any building or buildings thereon, containing two or more separate dwelling units, apartments, duplexes, or other multiple units and apartment houses, held or occupied for residential purposes.

LEGAL HOLIDAY. "Legal holiday" means and is limited to January 1st (New Year's Day), May 30th (Memorial Day), July Fourth (Independence Day), Labor Day, Thanksgiving Day and December 25th (Christmas)

CITY. "City" means the city of Duarte.

CITY ADMINISTRATOR. "City administrator" means the city manager of the city of Duarte.

PERSON. "Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, agent, servant, officer or employee of any of them.

STREET. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares or other public ways in the city of Duarte which have been or may hereafter be dedicated or open to public use or such other public property so designated in any law of the state of California.

CONTRACTOR. "Contractor" means any person to whom the city council of the city of Duarte has awarded a contract, or has otherwise authorized to receive, collect, carry, haul, transport and dispose of refuse within the city.

COMMERCIAL RECYCLING. "Commercial recycling" means separation, collection, and remanufacturing of recyclable waste material as generated from commercial, industrial, business, and multi-family unit housing sectors.

RECYCLABLE WASTE MATERIALS. "Recyclable waste materials" include, but are not limited to, discarded materials such as newspapers, cardboard, glass, plastics, metal cans, and yard waste which are separated from other garbage or refuse for the purpose of recycling.

(Ord. 684 (part), 1991; Ord. 598 § 1, 1985; Ord. 378 § 1, 1975; Ord. 124 § 1 (part), 1964)

A. TITLES. The title of any officers or employees means such officer or employee of the city of Duarte.

B. SINGULAR AND PLURAL. The singular includes the plural and plural includes the singular.

(Ord. 640 § 1, 1988; Ord. 124 § 1(m and q), 1964)

No person shall dump, place or bury in any lot, land or street within the city, any garbage, waste matter, or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the city for a disposal site.

It is unlawful for any person to dump or spread garbage on the surface of the ground for drying, composting or mulching.

(Ord. 124 § 2, 1964)

No person owning or occupying any building, lot or premises in the city shall allow any garbage or waste matter to collect and remain upon said lot or premises. This provision shall not be construed as interfering with building under a building permit during the course of construction and within a reasonable time thereafter, or wood neatly piled for kitchen or household use.

(Ord. 124 § 3, 1964)

No person or persons operating or engaging in a business from a wheeled vehicle over or on the streets of the city shall place or cause to be placed any cartons, containers, cases or boxes empty or otherwise upon public or private property which are to be picked up or collected at a later time; provided, that this section shall not apply to delivery to a consumer placed upon private property.

(Ord. 72 § 102, 1960)

A. RIGHT TO COLLECT. The city, in order to more effectually promote and protect the public health and safety, and reduce the danger and hazards of fire and conflagrations, reserves unto itself through its contractor the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse produced or found within the corporate limits of the city; and it is hereby declared to be unlawful for any person, except as in this chapter provided, to collect, transport or dispose of any refuse within the city, except as hereinafter provided.

B. EXCLUSIVE SERVICE. The collection, removal and disposal of all refuse shall be performed exclusively by the city's contractor under the supervision of the city administrator; provided, that persons engaged in the business of commercial gardening are authorized to collect, remove and dispose of garden trimmings as an incident to such business.

C. USE OF STREETS. No person shall remove or convey or cause or permit to be removed or conveyed any refuse upon or along any public street or alley or other public place in the city; provided, however, that the provisions of this section shall not apply to the contractor or to any employee of the contractor during such time as such contractor shall be in force, or to any person conveying refuse collected outside of the city.

MANDATORY. From and after April 1, 1964, the collection of all types of refuse shall be mandatory throughout the city, and all persons shall subscribe to and pay for the service provided by the city through its contractor, except as otherwise specifically provided in this chapter.

(Ord. 124, 1964)

"Designated recycling collection location," as used in this chapter, means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material.

(Ord. 640 § 2, 1988)

A. "Recyclable waste material," as used in this chapter, means discarded materials such as, but not limited to, newspapers, glass, plastics, aluminum cans, tin, and yard waste, which are separate from other garbage or refuse for the purpose of recycling.

B. "Recycling," as used in this chapter, means the process of collecting and forming used products into new products by reprocessing or remanufacturing them.

(Ord. 640 § 3, 1988)

It shall be the duty of the person in possession of or having control of any place where collection hereunder is requested to be made, to provide and maintain suitable containers for the disposal of garbage, rubbish and combustible trash. Containers for garbage, rubbish and combustible trash shall have a capacity of not to exceed thirty gallons each and, when filled, shall not exceed fifty pounds each in weight. All loose materials shall be securely tied and shall not exceed the size of one cubic yard or three feet in length. It shall not be necessary to separate wet garbage from rubbish and combustible trash and the contractor shall not be required to have a separate wet garbage pickup service.

The foregoing provisions of this section shall not apply where containers are provided by the contractor pursuant to an agreement with the city to facilitate automated collection or where boxes or bins are provided by the contractor pursuant to an agreement with the city to facilitate recycling.

(Ord. 640 § 4 (part), 1988: Ord. 378 § 2, 1975: Ord. 124 § 5, 1964)

Every contractor who owns, rents or controls any container, bin or other equipment used for the storage of refuse shall:

(a) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals, the contractor's name or firm name and telephone number;

(b) At all times keep in good repair and maintain in a clean and sanitary condition such container, bin or other equipment to the satisfaction of the city administrator.

(Ord. 145 (part), 1965: Ord. 124 § 5.l, 1964)

A person other than the contractor having charge thereof shall not deface, alter, remove or obliterate any identification placed on any container, bin or other equipment pursuant to the provisions of this chapter.

(Ord. 145 (part), 1965: Ord. 124 § 5.2, 1964)

A person not having the authority to do so shall not tamper with, injure, destroy or remove any bin, container or other equipment used for the storage of refuse.

(Ord. 145 (part), 1965: Ord. 124 § 5.3, 1964)

It shall be the duty of the contractor to pick up from each household within the city all wet garbage, rubbish and combustible trash and other refuse as shall be placed for collection, without limitation as to amount, and shall include all large objects, including, but not limited to, couches, refrigerators, rugs, water heaters, washing machines, stoves, clothes dryers, and similar items.

(Ord. 378 § 3, 1975: Ord. 124 § 6, 1964)

The person in charge of a premises shall have the responsibility of placing his refuse for collection before the contractor's scheduled pickup time in the area, and should the refuse not be so placed, the contractor shall have no callback responsibility. Time of placement and removal of refuse containers shall also be in accordance with the provisions of Sections 6.08.170 and 6.08.180.

(Ord. 124 § 7, 1964)

The person in charge of a premises shall cause all garbage, rubbish and combustible trash to be set out or placed for collection by the contractor, as follows:

(a) Where the property is contiguous to a public alley, all articles for collection shall be set out or placed at one and the same location, at the alley property line.

(b) Where the property is not contiguous to a public alley, all articles for collection shall be set out or placed at one and the same location in the public parkway or at the curb line.

(c) Where the property is not contiguous to a public alley or public parkway, and there is no dedicated public street or public alley for ingress and egress thereto, all articles for collection shall be set out or placed at a point in a public alley or parkway closest thereto, and unless so placed, the contractor shall not be required to make collections from the premises, unless a specified easement is granted to the city for this purpose over the private property or private easement, and each person whose premises abut the undedicated street or alley agree in writing, in form satisfactory to the Duarte city attorney and the contractor, to hold the city and the contractor free and harmless from any and all damage arising out the use of the street or alley by the contractor in the performance of his services.

(d) The contractor shall not be required to pick up garbage, rubbish or combustible trash except that which is accumulated on the premises from which the collection is made.

(Ord. 124 § 8, 1964)

The city's contractor shall cause to be inspected at regular intervals the containers used in depositing refuse for collection. In the event of dispute between the owner of the container and the contractor, the city manager shall be the sole judge of the condition of such containers as to their fitness, adequacy and suitability for such use. The city's contractor shall cause suitable tags to be placed on each such container which he deems to be unfit, inadequate or unsuitable, either by reason of the condition or the size thereof, or for any other reason. The owner of each such container shall replace the same by a suitable container, conforming to the requirements of the ordinance codified in this section, within fifteen days after such tag is placed thereon.

(Ord. 598 § 2, 1985: Ord. 124 § 9, 1964)

The contractor shall collect all garbage, rubbish and combustible trash not less than one time each week within the city, as herein limited and provided. All collections shall be over routes, upon days and without undue or unreasonable deviation within hours established by the contractor (Sundays and legal holidays excepted), and subject to the consent and approval of the city administrator. Where the regular collection days falls on a holiday, all collections for the remainder of the week in which the holiday falls shall be deferred one day, that is, shall be made the day after the regular collection day. The collections shall be made as quietly as possible, without unnecessary noise, disturbance or commotion.

(Ord. 378 § 4, 1975; Ord. 124 § 10, 1964)

The city council may, from time to time, establish by resolution the fees or charges to be paid for providing and making available refuse collection services hereunder. Such charges may include different classifications for different types of establishments. It is the intention of the city council that all charges shall be equitable and uniform. The fees for the provision of refuse collection service shall be based upon the fair and reasonable value of the services to be rendered by the contractor, and the rate of charge and number and time of pickups.

(Ord. 598 § 3, 1985: Ord. 124 § 11, 1964)

A. NOT REQUIRED. Where it can be shown by any person that refuse collection service is not required because refuse is not generated on the premises, and a survey of the premises by the city manager bears out such fact, the city manager is empowered to cancel or adjust collection charges in a proper and equitable manner.

B. COMMUNICABLE DISEASE. Upon the presentation of a doctor's certificate, persons having communicable disease and any person or institution having the care of such persons or of diseased or infected animals shall have the privilege and responsibility of disposing on the premises in a safe and sanitary manner of any refuse contaminated thereby.

(Ord. 598 § 4, 1985; Ord. 124 § 12, 1964)

The city council finds that the periodic collection of refuse from all places in the city benefits all owners of property and occupants of places and premises in the city, and therefore, all such owners and occupants are made liable for the refuse collection fees now or hereafter payable pursuant to this chapter, any resolutions supplementary hereto, or any contracts entered into between the city and a contractor. Any such fees shall be a civil debt owed by both the owner and the occupant of the property receiving the service.

The fees established by the city council shall initially be billed to and paid for by the owner of the premises; provided, however, that the owner shall have the right to reimbursement from the respective occupants for whose benefit the charge is paid; and provided, further, that such fees may be billed to and paid for by the owner, proprietor or occupant. In the event of the failure of any owner of property to pay the fees when due, the city or its contractor may bill the occupant directly.

All fees for the collection of refuse shall be billed in advance and shall be payable upon the first day of the billing period, and shall be delinquent sixty days thereafter. Billing periods shall be determined by the city or its contractor from time to time, for different types of occupancies, in order to maximize the administrative convenience in the collection of fees. There shall be added to all such delinquent fees a penalty approved by the city council or by contract for failure to pay the fees before delinquency.

(Ord. 598 § 4, 1985: Ord. 151, 1965: Ord. 124 § 13, 1964)

It is unlawful for any person whose refuse has been collected under the provisions of this chapter to wilfully fail, neglect or refuse to pay the fees herein described.

(Ord. 124 § 14, 1964)

All refuse generated within the city shall remain the property of the city until it is picked up by the contractor. The contractor shall dispose of refuse generated within the city only in a manner previously approved by the city council. For that purpose, the contractor shall keep the city council currently advised of disposal methods which the contractor proposes to use. The contractor shall not deliver the refuse to any waste to energy conversion facility unless specifically approved in advance by the city council.

(Ord. 609 § 1, 1985)

The city manager is empowered and directed to administer the provisions of this chapter, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. The city manager shall further administer the provisions of this chapter subject to the terms of any agreement entered into by the city of Duarte pertaining to refuse collection and/or recycling, as such agreements may from time to time be amended. In the event that any provision of any such agreement is inconsistent with any provision of this chapter, the terms and conditions of the agreement shall prevail.

All disputes or complaints concerning the refuse collection and recycling services provided pursuant to this chapter or pursuant to an agreement entered into by the city of Duarte, shall be referred to the city manager for decision, and his decision shall be final.

(Ord. 640 § 4 (part), 1988: Ord. 124 § 15, 1964)

When the collection and removal of rubbish, garbage, refuse, or recyclable waste materials is desired, no receptacle shall be placed in any street, alley, highway or parkway prior to six p.m. on the day immediately preceding the regularly scheduled collection thereof. This section shall not apply to the Mesa area of the city as defined in Section 6.08.210 of this chapter.

(Ord. 787 § 3(A), 2006: Ord. 106 § 1, 1962)

No person shall allow any receptacle for garbage, rubbish or waste material placed by him in any such street, alley, highway or parkway to be or remain therein later than eight p.m. of the day on which such receptacle has been emptied by the agents, servants or employees of the contractor who may be franchised by the city of Duarte for that purpose.

(Ord. 106 § 2, 1962)

Any person, firm or corporation violating this chapter, or any provision thereof, is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1.04.100.

(Ord. 106 § 3, 1962: Ord. 124 § 16, 1964)

(a) The provisions of this section shall apply only to the area of the city known as the "Mesa," the boundaries of which are the city limits to north, the Maddock debris basin to the east, the city limits to the west, and the city boundary with the city of Bradbury to the south. The Mesa includes the following streets: Golden Meadow Drive, High Mesa Drive, Rim Road, Spinks Canyon Road, Tall Pine Drive, and the portion of Mt. Olive Drive that is within the Mesa.

(b) All of the other sections of this chapter shall apply to the Mesa except as may be specifically set forth therein or in this section.

(c) When the collection and removal of rubbish, garbage, refuse, or recyclable waste materials is desired, (1) trash receptacles designated exclusively for recyclable waste materials and which contain only recyclable waste materials shall not be placed in any street, alley, highway or parkway prior to six p.m. on the day immediately preceding the regularly scheduled collection thereof, and (2) trash receptacles that do not exclusively contain recyclable materials shall not be placed in any street, alley, highway, or parkway prior to six a.m. on the day of the regularly scheduled collection thereof.

(d) It is hereby declared that the placement of trash receptacles designated for rubbish, garbage, or refuse, and the placement of trash receptacles not exclusively containing recyclable waste materials, in any street, alley, highway or parkway prior to six a.m. on the day of the regularly scheduled collection thereof, is public nuisance.

(Ord. 787 § 3(B), 2006)