La Mesa Municipal Code Ch. 7.20 Refuse Collection

For the purpose of this chapter, certain words are defined as follows:

(a) "Collection" means the service performed by the contractor in the removal of garbage or refuse as provided in this chapter.

(b) "Container" means gray containers, blue containers, and green containers used or intended to be used for the purpose of holding refuse or garbage.

(c) "Bin" means a metal or plastic container constructed to accommodate the equipment used by the contractor for mechanical dumping.

(d) "Reusable containers" means gray containers, blue containers, and green containers made of either metal or plastic and its interior surface shall be smooth and shall have no interior projections which interfere with its emptying; and nothing shall be attached to the outside of the container other than the handles. The top diameter of the container shall be in no case less than any diameter of the container below the top.

(e) "One way containers" means disposable plastic or paper bags specifically designed and manufactured for the containment of refuse or garbage, closed at one end and tied or crimped at the other end to enclose the contents.

(f) "Garbage" means solid waste.

(g) "Refuse" means cast off materials, including glass, cans, bottles, rags, ashes, trimmings from lawns, shrubbery and trees, leaves, food scraps, food-soiled paper, organic waste, paper, cardboard, wood, bedding, crockery, or the materials from the demolition, alteration or construction of structures, and similar waste materials, except sewage.

(h) "Medical waste" means biomedical waste, which is defined and regulated according to Chapter 7.21 of the La Mesa Municipal Code.

(i) "Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

(j) "Commercial business" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling. A residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

(k) "Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

(l) "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper towels, napkins, and pizza boxes.

(m) "Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

(n) "Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

(o) "Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

(p) "Multi-family residential dwelling" means a building or portion thereof used exclusively for residential purposes with five or more dwelling units. Multi-family residential dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered commercial businesses.

(q) "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic waste is defined and regulated according to Chapter 7.30 of the La Mesa Municipal Code.

(r) "Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section.

(s) "Single-family residential dwelling" means a building or portion thereof used exclusively for residential purposes with fewer than five units. Single-family residential dwelling does not include hotels, boardinghouses, or other transient occupancy facilities that are considered commercial businesses.

(t) "Solid waste" has the same meaning as defined in state Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible 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, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); (iii) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(u) "Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

(v) "Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

(w) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner"s employee, property manager, or property manager"s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

(Ord. 2200; October 11, 1979; Ord. 2534 § 2; July 25, 1989; Ord. 2022-2895, § 5, March 22, 2022)

It is unlawful for any person, to collect, convey, transport or cause to be collected, conveyed, or transported any refuse, garbage, or other waste material in violation of the provisions of this chapter; except, if a commercial business elects to self-haul, it must meet the self-hauler requirements in Section 7.30.090 of the La Mesa Municipal Code.

(Ord. 2200; October 11, 1979; Ord. 2022-2895, § 6, March 22, 2022)

Garbage or refuse deposited on any parcel of land, alley, street, park or other public way, or disposed of contrary to the provisions of this Chapter is hereby declared to be a public nuisance and detrimental to the public health, safety and welfare.

(Ord. 2200; October 11, 1979)

At such times as the Council shall from time to time determine, it shall award an exclusive contract to collect, convey, transport and dispose of refuse, garbage and other waste materials within the City of La Mesa for a period of time as set by City Council.

(Ord. 2200; October 11, 1979)

Said contract shall contain such terms, conditions and provisions as the Council deems appropriate to ensure that refuse, garbage, and other waste materials are collected from the single-family residential dwellings, multi-family residential dwellings, and commercial businesses within the city of La Mesa and disposed of.

(Ord. 2200; October 11, 1979; Ord. 2022-2895, § 7, March 22, 2022)

It is unlawful for any person other than the person to whom such contract is awarded to engage in the business of collecting, conveying, or transporting, or to collect, convey, transport, or cause to be collected, conveyed or transported any refuse, garbage or other waste materials; except, if a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 7.30.090 of the La Mesa Municipal Code.

(Ord. 2200; October 11, 1979; Ord. 2022-2895, § 8, March 22, 2022)

When recyclable materials (as defined in Section 24.01.100) are placed at curbside or any designated pickup location, they shall become the property of the city or its duly authorized agent. It shall be unlawful for any person other than a representative of the city or its agent to move, remove, interfere with, disturb, or tamper with said materials or their containers.

(Ord. 2527 § 1; May 23, 1989)

It is unlawful for any person to scavenge, tamper with, move, remove, tip, deface or destroy any garbage or refuse container as defined in Section 7.20.010 or the contents thereof. This section shall not apply to activities of the city, the owner or occupant of the premises where the container is placed or a person authorized to perform collection activities pursuant this chapter.

(Ord. No. 2009-2802, § 1; July 28, 2009)

The faithful performance of said contract by the party to whom it is awarded, hereinafter referred to as "contractor," shall be secured by a faithful performance bond, or other surety agreement for security or by a cash bond approved by the Council.

(Ord. 2200; October 11, 1979)

Garbage and refuse accumulation and temporary storage prior to collection or removal shall be subject to all administrative standards and regulations.

(a) Storage. All refuse and garbage shall be stored in such a manner that no portion of the material can be transferred off the lot by natural forces and will be attractive to rodents or insects. The area for storage shall be located in accordance with administrative standards and regulations screened from view from public ways and adjoining lots.

(Ord. 2200; October 11, 1979)

(a) It shall be the duty of every tenant, lessee or occupant of any private dwelling house, the keeper of every hotel, restaurant, eating house, boarding house, or other furnished flat or apartment house and of every other person or business having refuse, to provide sufficient gray, blue, and green containers or "one way" containers, except as hereinafter provided; and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on said premises between collections. The exterior of such receptacles, including covers, shall be kept clean from accumulated grease or decomposing materials. It shall be unlawful for any person, including refuse collectors, to abuse, damage or destroy any refuse receptacle or cover.

(b) Grass clippings, leaves, yard work debris, branches, or tree limbs are source separated green organic waste that can be placed in the green container; except if a commercial business wants to self-haul, it must meet the self-hauler requirements in Section 7.30.090 of the La Mesa Municipal Code.

(c) Branches, tree limbs or other similar debris shall be source separated green organic waste that can be placed in the green container; except if a commercial business elects to self-haul, it must meet the self-hauler requirements in Section 7.30.090 of the La Mesa Municipal Code.

(d) Newspapers and magazines are source separated blue organic waste that can be placed in the blue container.

(e) Refuse when physically left lying loose and when left on public property for more than twenty-four hours shall constitute an encroachment.

(f) Cardboard boxes shall be flattened or cut to a size that fits comfortably inside the blue container.

(g) Refuse shall not be placed at the curb or rear alley prior to twelve hours before scheduled pickup day.

(h) All containers shall be removed from the curb or rear alley the same day pickup service is rendered.

(i) Garbage shall be source separated for collection.

(Ord. 2200; October 11, 1979; Ord. 2022-2895, § 9, March 22, 2022)

The garbage and refuse contractor shall charge and collect from the customer served compensation for the services rendered by him. Such compensation shall not exceed the maximum charges fixed in the contract with the City.

(Ord. 2200; October 11, 1979)

For unusual accumulations of refuse or garbage, and for collection in places not otherwise provided for in this chapter, rates may be charged as shall be agreed upon by the contractor and the customer. Unusual accumulations shall be anything in excess of ten (10) receptacles, bags or bundles, or combination thereof.

(Ord. 2200; October 11, 1979)

No person having garbage or refuse collected and disposed of as provided in this chapter shall willfully neglect or refuse to pay to the contractor the rates agreed upon for such service, subject to the maximum charges fixed in the contract with the City.

(Ord. 2200; October 11, 1979)

In all cases where a dispute arises as to the rate charged or to be charged for any service provided for in this chapter, the matter shall be referred to the City Manager, which, upon due investigation, shall determine and fix such prices as it shall deem just and equitable. The City Manager's decision shall be final unless either party within 5 days of said decision files a written appeal to the City Council. The determination of the City Council shall be final and conclusive.

(Ord. 2200; October 11, 1979)

Except as otherwise provided in this section of this ordinance, it shall be unlawful for any person to cause, permit or allow the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, butcher offal, market refuse, garbage, soapy water, wash water and industrial waste from manufacturing, processing or packing plants, rubbish, cans, or any dead animal, fowl or any putrid or offensive animal or vegetable matter to remain or be deposited or discharged upon the surface of the ground on any premises, lot or in any building, basement or in any public street or alley.

(Ord. 2200; October 11, 1979)

No person shall place or deposit in any solid waste receptacle for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, oils, explosives, or similar dangerous substances which might cause human injury or harm.

No person shall place or deposit in any solid waste receptacle for collection pursuant to the provisions of this chapter wearing apparel, bedding, or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the County Health Officer and shall dispose of such articles in accordance with his directions.

(Ord. 2200; October 11, 1979)

(a) Placement unlawful. No person shall place the body of any dead animal upon any public street, park, or alley or in any solid waste receptacle.

(Ord. 2200; October 11, 1979)

The contractor shall make collections from residences not less often than the Council may from time to time deem necessary.

(Ord. 2200; October 11, 1979)

The contractor's collection vehicles, and any other vehicles hauling refuse, garbage or other waste material, shall be so constructed and operated as to prevent the scattering or spilling of refuse along the hauling route.

(Ord. 2200; October 11, 1979)

No refuse or garbage shall be dumped or disposed of by the contractor within the limits of this City.

(Ord. 2200; October 11, 1979)

Nothing contained in this chapter shall prevent any householder or person occupying private single-family residential dwellings, multi-family residential dwellings, or any commercial business, except in the downtown business area as described in the following section, from hauling refuse accumulated upon their premises out of this city for disposal so long as said householder, person or business, hauls said refuse in a vehicle owned by said householder, person or business, and it is a proper vehicle for such hauling. Refuse shall be temporarily stored in a manner consistent with this chapter, and shall be allowed to accumulate no more than seven days prior to hauling and disposal by said householder, person or business.

(Ord. 2200; October 11, 1979: Ord. 2566, § 1; November 13, 1990; Ord. 2022-2895, § 10, March 22, 2022)

(a) It shall be unlawful for any person hauling their own garbage or refuse as provided in this chapter, or hauling garbage or refuse belonging to others, to dispose of such garbage or refuse at any location other than an authorized landfill permitted by the state of California. Disposal of garbage or refuse into receptacles or containers that are the property of or being rented by any other person, firm or agency is expressly prohibited.

(b) Placement of garbage or refuse for collection at a location other than at the property of origin of such wastes, where such placement has the intent of avoiding the collection charges of the City's contractor, is prohibited.

(Ord. 2566, § 2; November 13, 1990)

Any householder or person occupying private single-family residential dwellings, multi-family residential dwellings, or commercial building within the downtown business area described on map, marked Exhibit "A," attached hereto and made a part hereof, shall subscribe to refuse collection services. Enclosed structures for refuse containers will be provided by the city. The land owners and/or persons occupying the single-family residential dwellings, multi-family residential dwellings, or commercial buildings shall pay a prorata share for the cost of refuse collection at these locations. On or before January of each year, the city council shall determine an equitable and fair proration for the cost of collection of refuse within the downtown business district.

(Ord. 2200; October 11, 1979; Ord. 2022-2895, § 11, March 22, 2022)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa, except as provided in Section 1.01.130.

(Ord. 2638 § 5; November 23, 1993)

A. For commercial business and multi-family residential dwellings, separate properties may share refuse collection services provided that all the following are met:

1. A property owner, property manager, or a property owners' association agrees to subscribe to the collection service(s) on behalf of all of the properties sharing the service and to pay the corresponding service charges;

2. The party subscribing to the refuse collection service(s) agrees to take responsibility for all aspects of the service, including corrective actions if a shared collection container is determined to be a "contaminated container," as defined in 7.30.020;

3. The franchisee is informed of and approves which properties are sharing which refuse collection service(s);

4. The properties sharing the refuse collection service(s) are contiguous, and solid waste materials do not have to be moved on or across a public street from the point of generation to a collection container; and

5. Gray, blue, and green collection containers are reasonably convenient and accessible to all occupants and tenants sharing the refuse collection service(s).

B. For the organic waste and recyclable materials services, two or more adjacent properties may share organic and recyclable materials collection containers while individually subscribing to and paying for solid waste collection service provided that:

1. The other provisions of this section are met;

2. The shared services meet the adequate level of collection service standards; and

3. The shared services shall be reasonably convenient to all occupants or tenants sharing the collection containers.

(Ord. 2022-2895, § 12, March 22, 2022)

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