Fowler Municipal Code Art. 1 General Provisions

The Council finds and declares that the accumulation, storage, collection, transportation. and disposal of solid waste in this modern era must be regulated while utilizing the latest and highest technology available consistent with sound fiscal realities.

It is the intent of this chapter to exercise to the fullest extent possible the authority of the City under the Constitution and laws of the State to make and enforce laws for the general health, safety, and welfare of the public.

(Ord. 87-4, eff. July 2, 1987)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Contract agent" shall mean and include an agent or employee of the City or any person, firm, corporation, or association, or the agents or employees thereof, with whom the City shall have duly contracted, pursuant to the provisions of this chapter and the laws of the State, with amendments thereto, to collect, transport through the streets, alleys, and public ways of the City, and dispose of refuse, garbage, and rubbish produced within the City.

(b) "Garbage" shall mean and include all animal and vegetable refuse, household waste and materials, and matter prepared or intended in whole or in part to be used as food.

(c) "Incinerator" shall mean a fireproof receptacle to be used for disposing of combustible rubbish on private premises.

(d) "Rubbish" shall mean and include all paper, wood, glass, crockery, packing materials, rags, tin cans, garden and lawn trimmings, ashes, leaves, boxes, and all other refuse not defined in this section as garbage.

(e) "Solid waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable and animal solid and semisolid wastes, and other discarded solid and semisolid wastes, except hazardous or extremely hazardous wastes.

(f) "Health Officer" shall mean the County Health Officer or his official designees.

(g) "Special collection" shall mean a large amount of solid waste accumulated on an occasional basis, such as at construction or demolition sites, or solid waste requiring special handling. "Special collection" shall not include hazardous wastes.

(h) "Recyclable material" shall be as defined in Article 2 of this chapter.

(i) "Hazardous waste" shall mean such materials as defined in Section 66714.8 of the Government Code of the State.

(j) "Vector" shall mean and include any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease or disrupting the normal enjoyment of life by adversely affecting the public health and well-being.

(Ord. 87-4, eff. July 2, 1987; Ord. No. 2015-02, § 1, 4-7-15)

The provisions of this chapter are intended to comply with the applicable minimum standards set forth in Federal and State laws and shall be so construed.

(Ord. 87-4, eff. July 2, 1987)

Although this chapter is intended to cover the entire field of solid waste management within the City not inconsistent with the general laws, the Council expressly declares that if any article, section, or provision of this chapter is found to be unenforceable by a court of competent jurisdiction, the Council intends that the remaining portions are to be severed and enforced as set forth in this chapter.

(Ord. 87-4, eff. July 2, 1987)