Gilroy Municipal Code Div. 2 Collection Generally

The city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagration, reserves unto itself the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all offal, refuse, garbage and debris produced or found within the city. It is hereby declared to be unlawful for any person, except as provided in this chapter, to collect, transport or dispose of any offal, refuse, garbage or debris within the city, except as provided in this chapter.

(Ord. No. 428, § 1)

It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be burned, upon any premises owned, occupied or controlled by him in the city, any bone, feathers, offal, flesh, hair or other substance in such a manner as to cause odors or gas therefrom to taint the air and render it unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the city or any number thereof.

(Ord. No. 314, § 4)

It shall be unlawful for any person to engage in or carry on the business of collecting, removing or transporting garbage or refuse matter as defined by section 12.1, in the city without first entering into a written contract with the city for such purpose and obtaining a permit from the city council to engage in or carry on such business and in addition thereto, filing a surety bond in favor of the city in the penal sum of two thousand five hundred dollars ($2,500.00) conditioned on the faithful performance of and compliance with the terms of such contract and the provisions of this chapter, on the part of such person engaging in or carrying on such garbage and refuse collecting business.

(Ord. No. 428, § 8; Ord. No. 430, § 1)

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As to authority of cities to enter into garbage and refuse disposal contracts, see H. & S. C. A., § 4250.

The contract and permit provided for in this chapter shall not be assignable by such garbage collection described in the preceding sections to any person whomsoever except by the written consent of the city council. Upon a discontinuance of business by the person to whom such contract is awarded and permit issued, such permit shall be immediately taken up by the city clerk, who shall cancel the same of record in his office.

(Ord. No. 428, § 11)

All garbage accumulated at any private dwelling house or residence in the city, shall be removed by the garbage collector at least once each week, or oftener if necessary. All garbage accumulated at hotels, restaurants, boardinghouses, or business houses, shall be removed by the garbage collector as often as necessary to comply with health and fire codes. All rubbish accumulated at private dwellings, residences, hotels, boardinghouses, restaurants or business houses in the city, shall be removed by the garbage collector at least once each month or oftener if necessary.

(Ord. No. 428, § 4; Ord. No. 90-2, 2-20-1990)

It shall be unlawful for any person to use any vehicle for the collection or conveyance of garbage or refuse unless the same is staunch and tight and so constructed as wholly to prevent the leakage of or loss of any liquids or solids carried therein. All such vehicles used for the transportation of garbage shall be provided with a suitable cover approved by the building inspector of the city.

(Ord. No. 428, § 6)

All garbage, refuse and rubbish collected by the garbage collector shall be transported by him to the city garbage dump for disposal, with the exception of automobiles, automobile trucks, vehicles, tractors, machinery, implements, iron and metals, but not excepting small tin cans with the content capacity of less than a gallon, which shall be transported for disposal to such other dumping grounds as the city shall from time to time direct.

(Ord. No. 428, § 9)

The city council shall have authority to hear and determine any and all complaints by any person against the garbage collector holding contract with and permit from the city for the collection of garbage and refuse within the city, and to cancel such contract and revoke such permit, for the insolent or threatening conduct or failure of such collector to collect refuse and garbage in accordance with the provisions of this chapter, or in accordance with the provisions of any contract in force between the city and such collector, or for any violation of any sanitary regulations or rules made by the city council, or health officer of the city, pursuant to the provisions of this chapter. The city council also shall have the right to declare the bonds of such collector forfeited to the city and city attorney is hereby authorized to take such legal action as may be necessary to effect a collection of the penal amount named in such bond for and on behalf of the city.

(Ord. No. 428, § 10)

The garbage collector shall call regularly, as provided in this chapter, at the dwellings, restaurants, hotels, boardinghouses, business houses and other places where garbage is produced or created in the city and collect the same therefrom. Such garbage shall not be removed in a manner needlessly offensive to the senses or filthy in relation to any person, place, building, premises or highway.

(Ord. No. 428, § 11)

(a) It shall be mandatory for all owners, occupants or persons in possession, charge or control of all places and premises in the City of Gilroy in or from which garbage is created, accumulated or produced to subscribe to and use the city’s garbage collection service in the manner and according to the terms and provisions of this chapter, and failure to do so shall be unlawful.

(b) It shall be unlawful for any person to hinder, threaten, impede or obstruct any garbage collector holding a permit as provided in this division in the performance of his duties as defined in section 12.9.

(Ord. No. 428, § 15; Ord. No. 880, § 1, 2-2-1970)

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Code reviser’s note: Ord. No. 2023-01 repeals Ord. No. 99-13. It is the intent of the city to revert Section 12.16 to how it read prior to Ord. No. 99-13 being adopted.

In all cases of dispute and complaints arising as to the place where the receptacle containing garbage shall be placed awaiting removal thereof by the garbage collector, the health officer shall forth-with designate the place for the same and his decision shall be final.

(Ord. No. 428, § 13)