Fowler Municipal Code Art. 3 Regulations

The provisions of this chapter shall apply to all solid waste, except extremely hazardous waste or hazardous waste, as defined in Sections 25115 and 25117 of the Health and Safety Code of the State; provided, however, no person shall transport any such hazardous or extremely hazardous waste through the corporate limits of the City without a lawful permit or license therefor.

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

The owner, operator, or occupant of any land or premises, residential, commercial, industrial, or other real property, vacant or occupied, shall not permit or allow the accumulation of solid waste thereon or the storage of solid waste thereon so as to create, promote, or produce the propagation, harborage, or attraction of vectors or rodents or the creation of nuisances.

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

(a) Except as provided in subsection (b) of this section, no person shall permit the storage of garbage and putrescible matter, or a mixture thereof with other solid waste, in any container or receptacle unless it is either nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling, or in paper or plastic bags having sufficient strength and watertightness, and which is designed for the containment of refuse. Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain, without overflowing, all the refuse a household or other establishment generates within the designated removal period. Containers when filled shall not exceed reasonable lifting weights for an average physically fit individual, except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition, free from putrescible residue (42 CAC, § 17315).

(b) Where the collection agent or operator furnishes storage containers, he shall be responsible for maintaining the containers in good condition (ordinary wear and tear excepted), unless they are furnished under other terms, conditions, or agreements. He shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic, and other problems, both on the property and for the general public. Containers of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container (42 CAC §§ 17314 and 17316).

(c) No person shall tamper with, modify, remove from, or deposit solid waste in any container which has not been provided for his use without the permission of the container owner (42 CAC, § 17317).

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

(a) Garbage. No garbage shall be removed and carried on or along any street or alley of the City, unless such garbage is transported in watertight containers with proper covers so that the garbage shall not be offensive. Every such container shall be kept clean, and such garbage shall be so loaded that none of it shall fall, drip, or spill to or on the ground, walk, or pavement.

(b) Rubbish. No rubbish shall be removed and carried on or along any street or alley of the City, unless such rubbish is carried, conveyed, or hauled in conveyances so constructed as to be absolutely dust-proof and so arranged that it is impossible for any of the contents of such conveyance to sift through or fall upon such street or alley. The contents of such conveyances shall be further protected so as to prevent such rubbish from being blown upon the streets, alleys, or adjacent lands.

(c) Other solid waste. Except as otherwise set forth in this section, all other solid waste shall be transported or carried on or along any street, alley, or other way in such a manner to not fall, fly away, or cause a hazard or nuisance to persons or obstruct or litter the public rights-of-way.

(Ord. 87.4, eff. July 2, 1987)

(a) Collection: Exceptions. No person shall allow or permit solid waste to accumulate or be stored upon the premises for a longer period than seven (7) days in any event except when (1) disruptions due to strikes, or (2) severe weather conditions or acts of God make normal collection impossible, or (3) official holidays prevent collection by the seventh day, in which case the collection may be postponed to the following day (deriv. 14 CAC, § 17331).

(b) Normal collections. Except as otherwise provided in this chapter, all solid waste accumulated on or at any premises in the City, whether residential, commercial, or industrial, shall be removed by the City or its agents or contractor at regular intervals as established by resolution of the Council. Special collections may also be provided in addition to the regular collection periods.

(c) Health hazards. It shall be the duty of any collector engaged in or conducting the business of collecting garbage or rubbish by contract with the City, or acting as its agent or representative pursuant to the provisions of this chapter, when directed by the Health Officer, to immediately call at any premises in the City to which such rubbish or garbage collector may be directed by the Health Officer and where garbage or rubbish is accumulated and collect and remove such garbage or rubbish in accordance with the provisions of this chapter.

(d) Mandatory services. It shall be mandatory for every occupied property within the City to receive at least the minimum basic service capacity and billing for solid waste collection from the City or its authorized contractors.

(Ord. 87-4, eff. July 2, 1987; Ord. 2001-08 § 1, 8-15-2001)

(a) Each person providing residential, commercial, or industrial solid waste collection services shall comply with all local government licenses, permits, or written approval requirements applicable. Such written approval shall be contingent upon the operator's demonstrated capability to comply with such standards and the use of equipment which is safe and sanitary. The City shall maintain a complete listing of all persons holding written approval to provide solid waste collection services within its jurisdiction. The listing shall contain the name, office, address, telephone number, and emergency telephone number, if different, of each such person, the number and type of vehicles employed by such person in providing such solid waste collection services, and the types of materials authorized for handling (deriv. 14 CAC § 17332).

(b) The contract agent, in addition to the provisions of subsection (a) of this section, shall comply with all regulations and conditions as may be imposed by way of contract with the City.

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

Except as otherwise provided in this chapter (as to recyclable or renewal resource materials) or contracts thereon, solid waste subject to collection as provided in this chapter shall become the property of the collection service operator, subject to disposal as in this chapter provided (deriv. 14 CAC, § 17334).

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

A contract for the collection and disposal of solid waste may be entered into by the City and a private contractor, rather than City staff, for a period not to exceed fifteen (15) years, subject to the provisions of this Code and other applicable laws.

Except as otherwise provided in this chapter, the contract agent shall have the sole and exclusive right to collect and dispose of all solid waste accumulated within the City and to transport the solid waste throughout the streets and public ways of the City.

Any such contract may be entered into by the City and accepted by resolution of the Council upon the terms deemed necessary to protect the interests of the City and consistent with this chapter.

(Ord. 87-4, eff. July 2, 1987; Ord. 2001-8, 8-15-2001)

(Ord. No. 2009-02, § 1, 4-7-2009)

The contract agent shall secure and maintain a faithful performance bond in the sums and upon the terms established by Council resolution or the contract.

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

The contract agent shall secure and maintain for the contract period all policies of insurance for worker's compensation, public liability (automobile and general), and other coverages as established by resolution or the terms of the contract. Any such insurance shall be with carriers licensed to do business in the State and shall contain minimum conditions or provisions as established by resolution. Additionally, such contract shall provide for indemnity from the contractor satisfactory to the City.

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

It shall be unlawful for any person, firm, or entity, other than the contract agent, to gather, collect, transport, burn, bury, or dispose of solid waste in the City or to dispose of solid waste at sites other than those established by law for such disposal, except as follows:

(a) Any special collection, as defined in Section 6-2.101 of Article 1 of this chapter, provided the person performing such service has all the necessary licenses and permits required by law; and

(b) In any newly-annexed area to the City where there is a preexisting lawful contract with the County for such services. In such cases, the provisions of Sections 4270 through 4273 of the Health and Safety Code of the State shall apply; and

(c) Commercial and industrial owners operating their own vehicles and equipment for solid waste accumulation, transportation, and disposal provided such equipment and vehicles meet the health and safety requirements set forth in this chapter and provided, further, that the disposal of solid waste is consistent with the provisions of this chapter.

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

The City may specify in any contract for collection and disposal the specific site or sites to be used for the disposal of the City's solid waste.

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

(a) Charges for the collection of garbage shall be under a single monthly billing by the City. Such charges shall be billed on or about the first day of each month by the City. All such bills shall become delinquent if not paid by the fifteenth (15th) day of each month, and a ten (10) percent penalty shall thereupon be added to the bill. If such bill shall remain unpaid by the twentieth (20th) day of the month of the billing, the collection services shall be discontinued and shall not be restored again except upon the payment of a charge of two dollars ($2.00) therefor.

(b) In all cases where disputes arise as to the rate charged or to be charged for any service provided for in this chapter, the matter shall be referred to the Council which, upon due investigation, shall determine and fix such price as it may deem just and equitable. The determination of the Council in all cases shall be final and conclusive.

(c) Notwithstanding subsections (a) and (b), the City may, by resolution or in the contract for the collection and disposal of solid waste, authorize the contract to bill for and collect the charges for the collection and disposal of garbage and other solid waste, and authorize billing for those charges on a schedule as set forth in the resolution or the contract.

(Ord. 87-4, eff. July 2, 1987; Ord. 2001-8, 8-15-2001)

It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any solid waste in or upon any vacant lot, street, alley, gutter, highway, park or other public place or keep any solid waste, except in the manner prescribed by Chapter 2 of Title 6 of the Fowler Municipal Code.

(Ord. No. 2023-06, § 4, 4-18-2023)