Isleton Municipal Code Ch. 5.04 Garbage and Rubbish

Unless the context specifically indicates otherwise, the words and terms used in this chapter shall have the following meanings:

A. Agricultural wastes shall mean solid waste materials normally accumulated as a result of the conduct of commercial agricultural operations upon any lot or parcel of land containing not less than one acre.

B. City shall mean the City of Isleton.

C. City council shall mean the city council of the City of Isleton.

D. City limits shall mean the city limits of the City of Isleton.

E. Disposal area shall mean any site, location or tract of land, area, building, structure or premises permitted to be used for refuse disposal.

F. Garbage shall mean waste material resulting from the preparation, cooking and consumption of edible food stuffs or resulting from the decay of dead meat, fish, fowl, fruits and vegetables, together with bottles, cans, cartons, containers and waste paper utilized for the purpose of wrapping, packaging or containing such waste materials, other solid or semi-solid putrescible waste; and other waste materials normally accumulated as a result of house-keeping, business, professional or institutional operations.

G. Industrial waste shall mean the waste products resulting from the manufacture or processing of materials, including food or food products.

H. Person shall many any individual, firm, partnership, joint venture, association or corporation, the plural as well as the singular.

I. Refuse shall mean both garbage and rubbish.

J. Refuse collection permit shall mean a permit issued by the city council to the person granted the exclusive right to collect, transport and dispose of garbage and rubbish within the city.

K. Refuse collector shall mean the person who holds a permit issued by the city council for the collections, transportation and disposal of garbage and rubbish within the city.

L. Rubbish shall mean non-putrescible waste and all other waste materials, other than garbage and yard trimmings.

M. Yard trimmings shall mean leaves, grass cuttings and garden trimmings, weeds and roots from which all dirt has been removed, shrubbery and tree trimmings of which no single piece shall exceed 36 inches in length, or 50 pounds in weight.

(Ord. No. 229)

The provisions of this chapter shall not apply to any person who has entered into solid waste removal franchise agreement with the city except to the extent that the provisions of said chapter re expressly incorporated in said exclusive waste removal franchise agreements.

Any such person shall be deemed to be exempt from all provisions of this chapter, except to the extent that the person and the city have agreed that such provisions shall apply to that person. It is the intent of the city council that the provisions of the franchise agreement shall govern the manner in which the franchisee undertakes the removal of refuse from the city except to the extent that provisions of this chapter are expressly made applicable to said franchisee in the franchise agreement. It is also the intent of the city council to exercise to the fullest extent permitted by law its right to enter into franchise agreements as a means of regulating the removal of solid waste from the city.

(Ord. No. 229)

The following are hereby declared to be unlawful:

A. For any person to throw or deposit or cause or permit to be thrown or deposited any dirt, paper, filth, sweepings or refuse matter or filthy water, offal, straw, wood, stones, earth, manure, refuse matter or rubbish of any kind whatever in to any avenue, street, way, lane, alley or public ground in the city.

B. For any person to throw into, or deposit upon, or permit or cause to be thrown into or cause to be deposited upon any private premises of the city, except in covered metal lined buckets or barrels any garbage, manure, or other filth or refuse matter; provided, however, that the city council may, with the consent of the owner thereof, or person controlling the same, designate places in the said city where garbage or other filth may be deposited; and provided further that nothing herein contained shall be constructed as prohibiting acquiring by the city by lease, or otherwise, of property to be used as a place for disposition of garbage.

C. For any person in the city to empty or throw or deposit in any cesspool or manhole or flushing hole of any sewer any glass, broken wire, hay, straw, dirt, rubbish, garbage, filth, butchers offal or any animal or vegetable matter.

D. For any person to use any cart or vehicle for the conveyance or removal of swill, garbage, filth, manure, offal matter of any kind, or any offensive or ill smelling matter, unless the said cart or vehicle is staunch, tight and closely covered with a wooden or metal cover so as to wholly prevent leakage or smell; or to use any cart or vehicle for the conveyance of rubbish unless the said vehicle to provided with a canvas cover securely fastened over the top thereof and to be so constructed as to prevent the deposit of such manure or rubbish, or any portion thereof, in or upon the streets through which said cart or vehicle may be driven.

(Ord. No. 14; Ord. No. 229)

A. It is found and determined that the sanitation, health and general welfare of the people of Isleton require that the collection, transportation and disposal of refuse produced, kept or accumulated in the city be regulated in accordance with the provisions of this chapter.

B. Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in, operate as, or represent himself to the public as a collector, transporter or disposer of refuse within the city unless he holds a valid refuse collection permit issued pursuant to this chapter.

C. The provisions of this section shall not prohibit the following:

1. Any charitable, philanthropic or community organization from collecting, transporting or disposing of salvageable solid waste material.

2. The collection, transportation and disposal of rubbish and yard trimmings produced, kept or accumulated from premises within the city by the owner, tenant, occupant or person in possession, charge or control of such premises, provided no fee or gratuity is received or accepted therefore.

3. The owner, operator or occupant of a farm or ranch from disposing of agricultural waste accumulated on such premises. Said owner, operator or occupant may dispose of such refuse on his own premises, provided it is not accumulated, stored or disposed of within 100 feet of any dwelling or place of human habitation.

4. Any person engaged in industrial activity from collecting, transporting and disposing of industrial waste accumulated as a result of such activity, provided it is conducted by his own employees and for his own benefit.

5. Any person from engaging in the business of collecting, transporting and disposing of dead animals, bones or meat scraps for tallow or fertilizers.

6. Any contractor duly licensed by the state from collecting, transporting or disposing of waste materials resulting from demolition and/or construction activity conducted on premises within the city, provided such contractor holds a valid business license issued by the city.

D. Any person who is exempt from the provisions of this section shall nevertheless comply with the following:

1. All materials shall be transported in such manner that they shall not fall, drip or spill onto the ground.

2. No materials shall be disposed of except at a disposal area.

(Ord. No. 229)

A. The application for a refuse collection permit shall be made in writing to the city council and shall contain the following:

1. The name of the applicant;

2. The type of business entity, i.e., sole proprietorship, partnership, joint venture or corporation. If a partnership or joint venture, the names and residence addresses of the general partner(s) or the joint ventures. If a corporation, the state of incorporation and the names and residences addresses of its president and secretary.

3. The address of applicant's principal place of business within the state.

4. The name, address and telephone number of any person designated by applicant as his agent for the purpose of filing such application.

5. The location of the disposal area which applicant intends to use and a statement that applicant has made arrangements for acceptance at such disposal area of all refuse collected and transported by him.

6. Whether the disposal area which applicant intends to use is available to city for the disposal of yard trimmings collected by it and if so what charge, if any, will be made to city for such disposal.

7. A statement that applicant owns or has under its control in good mechanical condition sufficient vehicles, trucks, bins and other equipment to adequately conduct the business of refuse collection, if granted permit, and the number and type of such equipment to be used in providing such collection services.

8. A statement of applicant's experience in the refuse collection business and any factors which support his qualifications to render such service.

B. The city council, at its election, may conduct such investigation of the applicant as the council deems necessary in order to determine whether the applicant's character and its reputation for business responsibility is satisfactory and may refer such application to the chief of police for such purpose. The investigation may include obtaining fingerprints and a photograph of applicant and any other persons associated with applicant and securing reports from state and federal departments of justice and other appropriate sources.

If the application is referred to the chief of police for investigation, the chief of police shall within ten days render a written report to the city council containing the results of his investigation and his recommendation regarding applicant. If the recommendation is unfavorable to applicant, the reasons for such recommendation shall be specified in writing and a copy thereof shall be furnished to the applicant.

(Ord. No. 229)

A. If the city council finds that the statements contained in the application are true and that applicant is capable of complying with the provisions of this chapter, the city council shall issue to applicant a refuse collection permit entitling applicant to conduct refuse collection service within the city.

B. Such permit shall not be transferred, assigned or disposed of in any manner voluntarily or involuntarily, directly or indirectly, to any person except upon application to and approval by the city council. Such approval may be given where the city council finds that the public health, sanitation and convenience would benefit from the approval of such transfer and that the transferee is able to render refuse collection service in accordance with the provisions of this chapter.

The word "transfer" as used in this section, includes a change of ownership interest in a partnership, joint venture or corporation amounting to 25 percent or more. The term does not include the succession of an interest in a permit in an estate of a deceased permit holder, nor the succession of an interest in a permit as a result of the death of a partner, joint venturer or shareholder of the permit holder.

C. A refuse collection permit shall cover no property rights on the holder thereof.

D. The permit shall be issued for a period of not to exceed five years, and all permits shall expire on June 30 of the last year.

E. The city council may revoke the refuse collection permit if it finds that the refuse collector made any false declaration in his application or violated any provisions of this chapter relating to or regulating the collection, transportation or disposal of refuse or collected, transported or disposed of refuse in an unlawful, improper or unsanitary manner. Such action shall be taken only after a hearing held by the city council for such purposes. The refuse collector shall be given written notice of the time and place of such hearing and the purpose thereof at least ten days prior to the date of the hearing. Said notice of hearing shall also set forth the grounds under which revocation is sought.

F. The provisions of subsections A—E shall not apply to any person who has entered into solid waste removal franchise agreement with the city on or after the effective date of Ordinance No. 345 except to the extent that the provisions of said subsections are expressly incorporated in said exclusive solid waste removal franchise agreements.

Any such person shall be deemed to be exempt from all provisions of said subsections, except to the extent that the person and the city have agreed that such provisions shall apply to that person. It is the intent of the city council that the provisions of the franchise agreement shall govern the manner in which the franchisee undertake the removal of refuse from the city except to the extent that the provisions of subsections A—E are expressly made applicable to said franchisee in the franchise agreement. It is also the intent of the city council to exercise to the fullest extent permitted by law its right to enter into franchise agreements as a means if regulating the removal of solid waste from the city.

(Ord. No. 229; Ord. No. 345, § 1, 5-28-1997)

At all times during the life of the permit, the refuse collector shall comply with the following requirements and regulations:

A. Pay to city a refuse permit fee in the sum of $10,000.00 per year due and payable on July 1 of each year.

B. Post with the city and keep in full force and effect a cash bond in the sum of $5,000.00, or a surety bond in the same amount furnished by a corporate surety authorized to do business in the state, payable to the city. The bond shall be conditioned upon the full and faithful performance by the refuse collector of his duties under the provisions of this chapter.

C. Take out and maintain a policy or policies of public liability insurance naming the city as an also insured, which policy shall protect city against any liability arising out of or in any way connected with the activity carried out by the refuse collector and shall have the following limits: the sum of $100,000.00 to indemnify against the claim of one person and $300,000.00 against the claims of two or more persons in any one occurrence and property damage insurance in the amount of not less than $50,000.00 per occurrence.

Refuse collector shall furnish to city a certificate of insurance certifying that the aforesaid insurances are in full force and effect. Said certificate shall provide that not less than 15 days prior written notice shall be given city of cancellation of coverage. Said certificate shall provide that insurance is primary as to city and any insurance carried by city shall be excess and not contributory.

D. All equipment utilized by refuse collector in the performance of collection services within the city shall have painted or stenciled in a prominent place on the exterior thereof the name of the refuse collector.

E. The refuse collector shall maintain records showing the name, address and social security number of the employees employed by him in performing refuse collection services in the city, and such records shall be available for inspection by city during normal business hours. All such employees shall be clothed in the same attire or uniform and shall have a name tag or other similar means of identification affixed to such uniform.

F. The vehicles and trucks used in the collection or transportation of refuse shall have beds of metal or other impervious material which can be cleaned, and said beds shall be cleaned and disinfected at regular intervals. Such equipment shall be also constructed and maintained so as to prevent refuse from escaping therefrom while collecting or transporting the same.

G. The refuse collector shall provide the type and frequency of garbage collection service which will enable all garbage produced or accumulated in or about a dwelling, house or place of human habitation within the city to be removed from such premises not less than once per week. The refuse collector shall provide the type and frequency of garbage collection service which will enable all garbage produced or accumulated in or about other premises within the city to be removed therefrom not less than twice per week. The public works director may require a greater or lesser number of collections consistent for the proper sanitary requirements.

H. The refuse collector shall make available to any owner, tenant, occupant or person in possession, charge or control of premises within the city rubbish collection service on a special pickup basis. The refuse collector shall render such service on a regular periodic basis, provided in no event shall such service be provided less frequently than once a month. The refuse collector shall notify the city of the scheduled pickup dates and shall not change nor modify the same without giving the city at least one month prior written notice.

I. No refuse shall be collected within the city except between the hours of 5:00 a.m. to 5:00 p.m. on the same day.

(Ord. No. 229)

A. It is hereby found and determined that the public health, sanitation and welfare require that the accumulation, collection, removal and disposal of garbage from all premises within the city be handled on a regular basis and to this end it shall be mandatory for all owners, tenants, occupants or persons in possession, charge or control of the premises in the city to subscribe to and use the garbage collection service provided by the refuse collector.

It is further found and determined that the removal and disposal of garbage from premises benefits the owner of such premises and such owner is hereby made liable for the payment of the garbage collection fee provided for herein. If there is more than one owner, their liability shall be joint and several.

B. Every owner, tenant, occupant or person in possession, charge or control of premises where garbage accumulates, shall provide and at all times keep upon said premises suitable and sufficient water tight cans, each capable of holding not to exceed 40 gallons of garbage and shall cause to be deposited in such cans and not elsewhere, all garbage accumulating on said premises with one weeks time. Said cans shall be equipped with suitable bales or handles, shall have tightly fitting covers and shall not leak nor permit the escape of odors. Such cans shall be so located on the premises as to be readily accessible to the refuse collector.

The refuse collector, at his option, may require that all garbage be deposited in bins to be provided by the refuse collector, where such premises normally produce one or more cubic yards of garbage per week. The bins shall be provided in one yard, one and one -half-yard and two-yard capacities and shall be and remain the property of the refuse collector. The use of bins shall relieve the owner, tenant, occupant or person in possession, charge or control of such premises from the requirement to furnish and use cans as hereinabove provided.

Rubbish may also be disposed of in cans and bins, provided it can be accommodated within such container, and may be easily lifted, emptied or hauled away.

C. The fee for garbage collection service rendered by the refuse collector shall be charged directly to the owner of the premises receiving such service and the amount thereof shall be fixed by resolution of the city council. Upon the request of an owner, collection fees shall be billed to the occupants or persons in possession, charge, or control of the premises, provided that such billing procedure shall not affect the owner's liability hereunder.

Billings for residential collection service shall be rendered on a bi-monthly basis covering service for the month immediately preceding the billing date and the month subsequent thereto. Billings for collection service other than residential shall be rendered on a monthly basis covering services for the month immediately preceding the billing date.

Garbage collection fees shall become delinquent 30 days following the date of billing. In the event of delinquency, the refuse collector may discontinue service. In the event of discontinuance, the refuse collector shall notify the city of such discontinuance.

(Ord. No. 229)

The fee for rubbish collection service rendered by the refuse collector, shall be charged directly to the person receiving such service, and the amount thereof shall be fixed by resolution of the city council. Fees shall be due and payable immediately upon rendition of the service.

(Ord. No. 229)

A. It shall be the duty of the public works department of the city to collect and dispose of all yard trimmings within the city. Such collection shall be made at least once each week and at such more frequent intervals as the necessity therefor requires.

B. Yard trimmings shall be deposited in the street gutter adjacent to the depositor's property. Where there is not gutter adjacent to the depositor's property, such material shall be placed in containers or tied in bundles. All materials shall be placed in as compact a pile as possible. Not more than one yard of material will be removed from any single premises each week. In the event a greater quantity of material is removed, a separate charge shall be made therefor, the amount of which shall be fixed by the public works director.

(Ord. No. 229)

A. The deposit of yard trimmings other than as provided for herein, shall be unlawful. It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited, any garbage or rubbish upon any street, alley, sidewalk, park or other public place or upon any vacant lot within the city.

B. It shall be unlawful to bury or burn any garbage within the city. It shall be unlawful to burn any rubbish or yard trimmings upon any street, alley, sidewalk, park or other public place within the city. Combustible rubbish and yard trimmings may be burned between the hours of 9:00 a.m. to 5:00 p.m. provided: It is burned in an incinerator which is so constructed to prevent the emission of sparks and provided further, burning takes place on a day when the same is permitted in the Sacramento Air Basin by the air pollution control agency having jurisdiction.

(Ord. No. 229)

In the administration and enforcement of this chapter, any duly authorized officer or employee of city shall have authority to enter any building or enter upon any property for the purpose of inspecting the same provided, however, that the right of entry shall be exercised only during daylight hours, and provided further, that no dwelling shall be entered without the consent of the occupant unless a 24-hour notice of intention to enter has been served upon such occupant. No person shall refuse to permit such inspection after service of notice.

(Ord. No. 229)

A. the engaging in, operating as, or representation to the public as a collector, transporter or disposer of refuse within the city by any person who does not hold a valid refuse collection permit issued by the city, is declared to be a public nuisance and it shall be the duty of the city attorney to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing so to engage in, operate as or represent himself to be a collector, transporter or disposer of refuse.

The handling, depositing or accumulation of garbage, rubbish and lawn trimmings within the city by any person in violation of the provisions of this chapter is declared to be a public nuisance and it shall be the duty of the city attorney to bring and prosecute an action in any court of competent jurisdiction to abate the same.

B. Any person violating any provision of this chapter is guilty of an infraction and upon conviction thereof is punishable upon a first conviction by a fine not exceeding $50.00 and for a second conviction within a period of one year by a fine not exceeding $100.00 and for a third or any subsequent conviction within a period of one year by a fine of not exceeding $250.00. Violation is not punishable by imprisonment.

(Ord. No. 229)