Dunsmuir Municipal Code Ch. 8.08 Refuse Collection and Disposal

Footnotes:

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Editor's note— Ord. No. 550, §§ 1 and 2, adopted Oct. 15, 2015, repealed Ch. 8.08, §§ 8.08.010—8.08.170, and enacted a new chapter as set out herein. The former Ch. 8.08 pertained to garbage collection and disposal and derived from §§ 15-1—15-16 of the prior code; Ord. No. 481, § 1, adopted in 1993; Ord. No. 506, adopted in 1998; and Res. No. 2004-26(part), adopted in 2004.

Cross reference— As to authority of fire department chief to require removal of rubbish, see Section 2.20.060 of this code; as to depositing of refuse, etc., in streets, see Section 12.08.020.

The city council finds and declares that the public health, safety, and welfare require the regulation of refuse collection and disposal within the city. Refuse is defined as all garbage, trash, paper, rubbish, ashes, industrial waste, demolition, construction waste, and "solid waste," as defined by the Public Resources Code of the State of California, and also includes any and all waste matter and material which cannot otherwise be defined as garbage, but which is rejected by the owners thereof as useless. The city council further finds that appropriate regulation of refuse collection and disposal will prevent indiscriminative dumping of refuse and will ensure that all citizens of the city are provided with adequate refuse collection services and that refuse is disposed of appropriately.

(Ord. No. 550, § 2, 10-15-2015)

Every resident of the city who is served, and every piece or parcel of property from which any refuse is removed, under this chapter, shall be subject to the terms of this chapter and liable for the charges made for such service.

(Ord. No. 550, § 2, 10-15-2015)

It is unlawful for any person, firm, individual or corporation to collect, transport, or dispose of refuse for another for money or other consideration without first receiving a contract or permit to do so issued by the city.

As in their discretion may appear to be for the best interests of the city and the residents thereof, the city council may, on behalf of the city, contract or permit for the performance of any part of the service designated in this chapter.

(Ord. No. 550, § 2, 10-15-2015)

Administration of this chapter shall be the duty of the city manager, and all money which becomes due the city under this chapter shall be paid to the city at city hall. The city council may, from time to time, make, fix and determine, by resolution, the rules and regulations for the operation and performance of the services described in this chapter.

(Ord. No. 550, § 2, 10-15-2015)

The city manager has the authority to delegate his or her duty or part of his or her duty to a garbage department, which shall be under the supervision of the city manager.

(Ord. No. 550, § 2, 10-15-2015)

It is mandatory for all persons in possession of a residence within the city to subscribe to, pay for, and receive city refuse service for that residence. It is also mandatory for all persons who maintain within the city any place of business or a commercial building to subscribe to, pay for, and receive city refuse service for that place of business or commercial building.

(Ord. No. 550, § 2, 10-15-2015)

Refuse collection service will be initiated in conjunction with water and sewer service. The party initiating service will contact the city to request service and service will begin.

(Ord. No. 550, § 2, 10-15-2015)

A. In the event containers are not city-provided or contractor-provided, it shall be the duty of every person served under this chapter to provide a watertight receptacle for holding refuse, which receptacle shall have a tight-fitting cover to prevent flies and rodents, dogs and cats from gaining access to the contents of such receptacle. Such receptacle shall be provided with handles on the outside thereof, and shall not exceed thirty-three (33) gallons in size; nor shall the receptacle and contents exceed fifty (50) pounds in weight.

B. Refuse shall be placed in suitable receptacles with the total weight of the receptacle and contents not weighing more than fifty (50) pounds. Tied plastic bags may also be used as extra containers, but only for leaves, garden clippings, and other vegetable and mineral materials (specifically excluding any animal materials or foods with odors which would attract dogs, cats, flies and rodents).

C. It shall be the duty of every person served to keep their refuse receptacles in a clean and sanitary condition.

D. All receptacles used shall be placed at curb side; or on the property line adjacent to a public street or alley prior to the normal pickup time for refuse, and shall be removed from curb side by 10:00 p.m. on the day that said refuse is picked up.

E. It shall be the duty of the occupant of the premises served to keep a clear path from the street to the refuse receptacle.

F. Except as required by subsection E of this section, all receptacles used shall be placed behind dwelling if possible or back from the curb or gutter or edge of street at least twenty (20) feet, or shall be placed behind a fence or wall or gate, or shall be placed in a permanent box or structure at least five feet inside of the property line if possible.

G. Commercial, motel, and multiple-dwelling units may, if the property makes doing so practical, provide dumpster receptacles, of dimensions and in a manner and location that must be approved in advance by the city and its contractor.

(Ord. No. 550, § 2, 10-15-2015)

No unauthorized person shall interfere with any refuse receptacle, acceptable container, or the contents thereof, or remove such receptacle or acceptable container from its regular place or remove the contents therefrom.

(Ord. No. 550, § 2, 10-15-2015)

It is unlawful for any person to throw or deposit any refuse, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or to throw or deposit the same in or upon any lot or yard or to store or keep the same otherwise than in receptacles as required by Section 8.08.080. It is unlawful for any person to throw or deposit any refuse in any river, stream, or water tributary. It is unlawful for any person to store, deposit or keep any refuse where animals, rodents, or insects have access thereto or can feed upon. Each violation of this section shall be treated and considered and the same shall be a separate and distinct offense.

(Ord. No. 550, § 2, 10-15-2015)

A. The city council may, by resolution, establish the conditions and requirements for leaf burning for each year. This resolution shall contain conditions, requirements and number of permissible days as well as other information deemed appropriate by the city council.

B. Failure to comply with the established conditions and requirements shall be punishable as an infraction. The penalties are established as follows:

1. First offense: Warning.

2. Second offense: $50.00.

3. Third and subsequent offenses: $100.00.

(Ord. No. 550, § 2, 10-15-2015)

The city may, by resolution, fix the rates to be charged for the collection, removal and disposal of refuse. All rules and regulations governing the collection of water and sewer bills shall be applicable to charges for services rendered under this chapter.

The bill for collection, removal and disposal of refuse shall be combined with the bill for water and sewer services. No one service charge may be paid separately from any other service charge. Failure to pay any portion of the bill for collection will result in the discontinuance of all water, sewer, and refuse disposal services.

(Ord. No. 550, § 2, 10-15-2015)

All refuse charges shall be payable to the city of Dunsmuir or its authorized agent for billing and collection.

(Ord. No. 550, § 2, 10-15-2015)

Every person receiving services pursuant to this chapter shall be liable to the city for the services rendered. In addition, it is presumed that the occupant of any premises receiving services is acting for and on behalf of the owner of the premises and that the services rendered are a benefit to the premises.

The delinquent charges for services rendered to the premises under this chapter may be collected at the option of the city council in the following manner:

1. By a personal action against the owner of the premises served;

2. By an action for foreclosure of the lien on the premises served.

The city manager shall annually report to the county tax collector the names of persons with delinquent charges, the amount of delinquent charges and a brief description of the premises to which the garbage service was rendered. Such list shall show the condition of the delinquency of the subscriber to garbage service as of the last day of August of each year.

The county tax collector shall indicate on the annual tax statement the amount of such delinquency.

(Ord. No. 550, § 2, 10-15-2015)

A. Purpose and Findings.

1. The purpose of this section is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic materials deposited in landfills, more specifically the short-lived climate pollutants organic waste reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the "SB 1383 Regulations"); and

2. The city is a member of the Siskiyou County Integrated Solid Waste Management Regional Agency ("SCWMA"). The SCWMA is a joint powers agency comprised of all the cities in Siskiyou County and the county; and

3. The SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism requiring residents and businesses generating solid waste to participate in an organics collection program provided by the jurisdiction and requiring commercial edible food generators to participate in an edible food recovery program; and

4. The city finds that as a rural community it needs an exemption from the organic collection and organic waste collection program requirements of SB 1383 which would be extremely difficult to implement in this rural community; and

5. The city is authorizing the SCWMA to apply for a rural exemption, on its behalf, from the organic waste collection program requirements of SB 1383 until at least December 31, 2026; and

6. All jurisdictions, however, must develop an edible food recovery program. In response to this mandate, the SCWMA is adopting an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of commercial edible food generators, food recovery services and food recovery organizations, including enforcement mechanisms and administrative civil penalties for violations; and

7. On January 6th, 2022 the Siskiyou County Integrated Solid Waste Management Agency adopted the Edible Food Recovery Ordinance ("EFRO"), Ordinance SWJ PA-2022-01, attached to Ord. No. 173 as Exhibit A. In order for the EFRO to apply in the city, the city must adopt an ordinance declaring that it will apply within the city; and

8. The city wishes the EFRO to apply in city; and

9. The EFRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the EFRO. The city is making designations by approving a modification to the JPA agreement giving the county the authority to act as the designated enforcement agency for the SCWMA member agencies for SB 1383 compliance and enforcement and AB 341 compliance reporting; and

10. The city understands that even though it is delegating SB 1383 enforcement to the county on behalf of the SCWMA member agencies, the city itself is the responsible entity for compliance and if CalRecycle enforces for jurisdictional non-compliance, they will enforce on the jurisdiction and not the county or the agency operating on behalf of the jurisdiction. The exception to this is county specific requirements which the county, as its own jurisdiction, shall meet.

B. Adoption. Now, therefore, the city hereby declares that the Edible Food Recovery Ordinance as set forth in Exhibit A to be effective in the city beginning on January 1, 2022.

C. Enforcement Agency Authorization.

(1) The Siskiyou County Integrated Solid Waste Management Regional agency and the county are authorized and designated to carry out the responsibilities specified in the Edible Food Recovery Ordinance effective January 1, 2022.

(2) The authorization and designation above does not limit the city's authority to independently carry out some or all of the responsibilities designated above. The city retains full authority to implement and enforce the Edible Food Recovery Ordinance.

(3) The city council may authorize and designate other entities to carry out responsibilities under this section and no amendment of this section shall be required.

D. California Environmental Quality Act. This section is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this section are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to city's enactment of this section. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the section and no additional environmental review is required.

(Ord. No. 573, §§, 1—3, 5, 2-17-2022)