Division 1 — GENERALLY

(a)

Garbage includes, but is not restricted, to any and all of the following: Garbage, swill, refuse, cans, bottles, paper, vegetable matter, trash, and rubbish, carcass of any dead animal, offal from any slaughter pen or butcher shop.

(Ord. No. 370, § 1, 1954)

lodging house, restaurant, hotel, tavern, apartment house, eating house, dwelling house, flat, duplex or multiple dwelling and subscribing to a commercial garbage service authorized by the Board of Supervisors, shall provide or cause to be provided and kept as herein required, in a place easily accessible to the

garbage collector, a water tight metallic can or metal lined box with suitable bales or handles, and tight fitting cover, with a capacity not to exceed thirty (30) gallons, and not to exceed, when loaded, fifty (50) pounds in weight.

(Ord. No. 370, § 2, 1954)

own, unless permission has been granted to said person, firm or corporation by duly executed contract with the County of Lake for that purpose.

(Ord. No. 370, § 3, 1954)

(a)

A person, firm or corporation is deemed to be disposing of their own garbage when the garbage has been created on the property of the person, firm or corporation and the garbage is being hauled without charge to any person by the person owning or managing the property or by a full-time employee of that person, firm or corporation who hauls that garbage only as a portion of his duties and incidental thereto.

(Ord. No. 760, § 1, 8-21-73)

(b)

Any person who may collect or haul garbage without compensation or consideration for another as a friendly, neighborly or filial gesture shall be deemed to be hauling his own garbage and shall not be in violation of this section.

(Ord. No. 760, § 1, 8-21-73)

(c)

Grass, weeds, tree trimmings, construction debris, demolition debris or other forms of trash may be hauled by any person, firm or corporation when that person, firm or corporation has been hired or has contracted to cut, trim, mow, construct, demolish or clean up the property on which the grass, weeds, trees, construction or demolition debris or trash has been created and when the hauling is done as a part of and as an incident to such hiring or contracting.

(Ord. No. 760, § 1, 8-21-73)

Any person who shall violate any of the provisions of this article shall be guilty of a

misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed one hundred dollars ($100.00), or by imprisonment in the County jail for a period of not more than thirty (30) days, or by both such fine and imprisonment. Each violation shall be considered a separate offense.

(Ord. No. 370, § 4, 1954)

occupied by three (3) or more families, lodging or other residential care facilities with five (5) or more units

on one parcel, or for industrial purposes shall be kept within an enclosure. The required enclosure may consist of fences, walls, plantings, or other devices which prevent lifter from being blown or scattered beyond the enclosure and which screens the refuse containers and dumpsters from public view. All such refuse enclosures shall conform to the provisions of Section 9-6.4.

The design of any new, substantially remodeled or expanded use of a building or other

existing facilities required to have a refuse enclosure pursuant to Section 9-6.1 shall provide for a refuse enclosure area which allows proper storage and handling of the solid waste anticipated. For purposes of this section, "substantially remodeled or expanded" shall mean remodeling work or expansion which is fifty-one percent (51%) or more of the replacement value of the existing structure as determined by the Director of Community Development. Each application for a development permit or approval shall provide for a design which accommodates solid waste collection by a franchise hauler and shall be accompanied by a letter from the franchise hauler serving the proposed use, stating that they have reviewed the proposed development or use and setting forth their comments on the design for provision of solid waste storage. The design shall be submitted for consideration to the franchise hauler prior to being submitted for approval to the County Planning Division and shall meet all applicable regulations. This subsection shall not apply to residential complexes with less than three (3) family dwellings on a single parcel.

Refuse enclosure areas shall be designed to be serviced by

commercial mechanical loading trucks and shall meet the following requirements:

(a)

A refuse container enclosure shall be not less than ten feet (10′) wide, seven and one-half feet (7′6″) deep and six feet (6′) high with a minimum four inch (4″) thick concrete slab and a minimum three-foot (3′) concrete apron at the opening.

(b)

Gates, if installed on the refuse container enclosure, shall be double doors, opening at the center and level with the access road.

(c)

Access roads shall provide all weather access and be capable of supporting the weight of the refuse collection vehicle.

(d)

Access roads shall have a minimum width of twelve feet (12′).

(e)

A turnaround for the collection vehicle shall be provided in the immediate vicinity of the enclosure area. The turnaround area shall not be less than a thirty-two foot (32′) radius.

(f)

Overhangs, wiring or other obstructions on the approach to the container area must be at least thirteen feet six inches (13′6″) high and must be at least sixteen feet (16′) high directly over the enclosure area.

(g)

The number and size of containers shall be adequate to contain the refuse generated upon the premises.

(Ord. No. 2650, § 1, 7-8-2003)

a screened enclosure may be impossible, impractical, or creates a hardship, the property owner or person responsible for the management of the property shall develop a Refuse/Litter Control (RLC) plan for that property. An RLC plan shall be allowed only in the following situations:

(a)

There is limited available space in a pre-existing use, making the construction of an enclosure impossible, impractical or creates a hardship.

(b)

The spread of litter and debris is mitigated by pre-existing walled, fenced or otherwise enclosed surroundings.

(c)

Access and servicing by the franchise hauler would be hindered by an installed enclosure.

(d)

The property is in an isolated and rural area where the refuse containers cannot be seen from public streets or residential areas.

refuse containers removed from the property within one week after cessation of the use.

(a)

The proposed use and the volume of expected refuse.

(b)

The type and size of refuse and recycling containers.

(c)

The number of refuse and recycling containers to be used.

(d)

The location and storage of the containers and proposed screening from public view.

(e)

The times and frequency of disposal.

(f)

The day and time refuse containers are placed at the street when service is provided, and the time they shall be removed from the street after pickup.

(g)

The property owner, the tenant and/or other responsible person(s) in charge of the daily management of the refuse; however, the ultimate responsibility for refuse, garbage and litter control shall remain with the Owner of the property.

RLC Plan may be approved by the Community Development Department.

same manner as a Zoning Permit pursuant to Section 21-49 of the Lake County Code, except that no fee shall be collected. The RLC plan shall only be approved or conditionally approved if all of the following findings are made:

(a)

The site meets one (1) or more of the criteria specified in Section 9-7.1.

(b)

The RLC plan complies with the requirements of Section 9-7.3.

(c)

The RLC plan has been reviewed by the franchise hauler.

(d)

The RLC is consistent with the Lake County Code.

(Ord. No. 2650, § 2, 7-8-2003; Ord. No. 2754, § 1, 10-25-2005)

compliance with Sections 9-6 and 9-7 on the date of their enactment shall achieve compliance with said

sections within three hundred sixty-five (365) days from the date of the adoption of this ordinance.

(Ord. No. 2650, § 3, 7-8-2003)

an infraction by a fine not exceeding one hundred dollars ($100.00); or as a misdemeanor by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided.

contrary to the provisions of Sections 9-6, 9-7 or 9-8 of this article and any use of land or buildings operated or maintained contrary to the provisions of Sections 9-6, 9-7, or 9-8 of this article are hereby declared to be public nuisances and shall be abated pursuant to Chapter 13 of the Lake County Code. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or chapter.

(Ord. No. 2650, § 4, 7-8-2003)

Those officers and employees set forth in Section 21-61.3 of Chapter 21 of the Lake County Code shall enforce the provisions of Sections 9-6, 9-7 and 9-8 of this article and all RLC plans issues pursuant to said sections.

(Ord. No. 2650, § 5, 7-8-2003)