Lancaster Municipal Code Ch. 13.16 Refuse Collection and Disposal

Footnotes:

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Editor's note— Ord. No. 960, § 1, adopted January 25, 2011, amended the Code by repealing former Ch. 13.16, §§ 13.16.010—13.16.130, and adding a new Ch. 13.16, §§ 13.16.010—13.16.140. Former Ch. 13.16 pertained to similar subject matter, and derived from the prior code, §§ 5-4.1—5-4.13.

It is the purpose of this chapter to promote the health, safety and welfare of the city's residents by establishing regulations governing the collection and disposal of refuse. The city council finds and determines that such regulations are necessary to:

A. Ensure property maintenance;

B. Protect against pollution and fire hazards; and

C. Provide collection and disposal services that are efficient and responsive to community needs.

(Ord. No. 960, § 1, 1-25-2011)

For the purpose of this chapter:

"Collection" means and includes gathering refuse within the city and transporting it to a point for disposal.

"Commercial premises" means and includes premises with greater than four dwelling units, mobile-homes, and all commercial and industrial premises.

"Container" means and includes a receptacle for refuse.

"Contractor" means a person who enters into a contract with the city for the collection and disposal of refuse.

"Disposal" means and includes treating and disposing of refuse and any product or residue arising from such treatment.

"Garbage" means and includes all animal, vegetable and fruit waste matter resulting from the preparation of food in residential, commercial and industrial premises and resulting from the sale of food.

"Premises" means and includes any lot or lots and the buildings or structures located thereon.

"Refuse" means and includes garbage and rubbish as defined in this section.

"Residential premises" means and includes all premises used for residential purposes with four or less dwelling units.

"Rubbish" means and includes items generated from residential, commercial or industrial premises which are combustible, such as tree, shrub and grass trimmings, plants or flower garden waste, wood, paper, straw, packing materials, leather, rubber, clothing, bedding, books, magazines, newspapers, rags and all other similar articles which will burn upon contact; and items which are noncombustible such as ashes, broken crockery and glass, cinders, shells, bottles, tin cans, metals and other similar materials which ordinarily accumulate in a household or business and are discarded by the producer thereof. The term "rubbish" shall not include dead animals, manure or waste from any poultry yard or stable.

(Ord. No. 960, § 1, 1-25-2011)

A. The city shall provide for the collection and disposal of refuse from all premises within the city at least once per calendar week. The city manager shall coordinate the routes and schedule for refuse collection. The city may enter into a contract for refuse collection and disposal which grants the contractor and the duly authorized agents of such contractor the exclusive right to collect and dispose of refuse from all residential, commercial, industrial and other facilities and premises located within the city for the duration of the contract.

B. Persons other than those duly authorized by the city shall not collect or dispose of refuse within the city except as authorized herein.

C. Nothing in this chapter shall prohibit a person from removing or providing for the removal of any bulky items not subject to weekly collection pursuant to Section 13.16.070.

(Ord. No. 960, § 1, 1-25-2011)

Owners of residential premises within the city shall place any refuse accumulated on the premises throughout the calendar week in a container as described herein for collection on the day designated for pickup or after six p.m. the preceding day. Containers shall be placed along the curb fronting the premises unless the route for collection requires otherwise. All containers shall be removed to storage within twelve (12) hours after the container has been emptied.

(Ord. No. 960, § 1, 1-25-2011)

It shall be unlawful for any person, other than the owner of a refuse container, or his employee or agent, or the employees or agents of the city's refuse collection and disposal contractor to tamper with, rummage in, disturb, interfere with, scavenge, move or remove any refuse container or any refuse or recyclable material from such container.

(Ord. No. 960, § 1, 1-25-2011)

Collection shall begin at six a.m. Collection may begin earlier at commercial premises if located greater than six hundred (600) feet from any residential premises.

(Ord. No. 960, § 1, 1-25-2011)

All refuse accumulated at residential and commercial premises shall be deposited in receptacles approved by the city council. Separate containers may be required for the deposit of toxic substances.

(Ord. No. 960, § 1, 1-25-2011)

Bulky items greater than four feet in length or sixty (60) pounds shall not be removed from residential premises during scheduled weekly collection. Such refuse includes but is not limited to discarded automobile parts, trees, logs, building materials, grass, sod and dirt. Owners and occupants of residential and commercial premises shall collect and dispose of bulky items accumulated on the premises as described herein at least once per calendar month to a disposal site as may be designated by the city. However, refuse generated from building and construction operations need not be removed from the premises until such operations have terminated.

(Ord. No. 960, § 1, 1-25-2011)

Rates for collection and disposal shall be established by the city council by resolution. The city council may adopt a single resolution providing for an automatic annual adjustment in the rates charged by a contractor for collection and disposal services. Council, by contract, shall establish a formula for determining automatic annual adjustment in the rates charged by a contractor for collection and disposal services. The formula for determining automatic annual rate adjustments shall be based on consumer price indexes, and fuel costs for the twelve (12) months preceding adoption of the resolution establishing the automatic annual rate adjustment.

(Ord. No. 960, § 1, 1-25-2011)

All owners of residential premises shall pay for the collection and disposal of refuse by a contractor pursuant to its contract with the city for refuse collection. Until such time as the city approves by resolution a billing and collection procedure, owners of residential premises shall be billed by the contractor providing refuse collection and disposal services to the premises. An exception from the mandatory collection fee may be granted to residential property owners based upon a determination by the city staff of undue hardship.

(Ord. No. 960, § 1, 1-25-2011)

Persons shall not burn any refuse unless they have complied with the rules and regulations promulgated by the city, county and air pollution control district.

(Ord. No. 960, § 1, 1-25-2011)

Persons shall not throw or scatter refuse in or upon alleys or rights-of-way within the city. Nor shall refuse be deposited below the surface of any premises which may endanger the public health or safety or constitute a public nuisance.

(Ord. No. 960, § 1, 1-25-2011)

Editor's note— Ord. No. 1077, § 3, adopted Dec. 8, 2020, repealed § 13.16.130, which pertained to recycling waste reduction program and derived from Ord. No. 960, § 1, adopted Jan. 25, 2011.

A contract for refuse collection and disposal shall include the following provisions:

A. Public assistance.

1. Contractor shall maintain an office in the city of Lancaster or a location approved by the city manager deemed convenient for the residents/businesses. The office shall remain open from nine a.m. to five p.m. Monday through Friday.

2. Contractor shall provide toll free telephone service during office hours to assist persons located within the contractor's designated service area. Contractor shall maintain a log book to record complaints regarding collection service. The log book shall be available to the city manager and authorized city health officials upon demand.

B. Emergency service. An emergency service vehicle shall be available during office hours to respond to complaints or emergencies.

C. Collection procedures. Contractor shall adhere to the following collection procedures:

1. Collection shall be conducted in a manner which least interferes with traffic and the peace and quiet of the neighborhood.

2. Contractor shall collect refuse at least once per calendar week between the hours of six a.m. and eight p.m.

3. Refuse shall be collected from the curb fronting the premises unless the route for collection requires otherwise.

4. Refuse containers shall be returned in an upright position where the container was originally found and shall not be deposited in a sidewalk, adjoining property or right-of-way.

5. The contractor shall not be required to enter private property to collect refuse unless otherwise provided by the city manager or an agreement between the contractor and private party.

D. Instructions for Collection. Contractor shall distribute to all premises located within the geographic area serviced by contractor a list of instructions describing the manner in which refuse shall be collected and disposed by the contractor including the following:

1. The designated day for refuse collection at the premises and that such collection is mandatory for residential premises;

2. The type of refuse containers acceptable for collection of refuse and which containers shall be placed on the premises for collection and disposal service;

3. A list of refuse which shall not be collected during weekly collection;

4. A statement regarding the fee for collection established by the city council and notice that such fees are mandatory for residential property owners;

5. Any other information deemed appropriate by the city manager.

E. Non-collection. When refuse is not collected by the contractor, a tag must be fastened to such refuse stating the reason for non-collection.

F. Maintenance of Vehicles and Equipment.

1. All trucks and equipment used by a contractor pursuant to its contract with the city for refuse collection shall be maintained at all times in a safe and sanitary condition. Each truck shall be uniformly painted and numbered. Each piece of equipment shall display a sign indicating the name of the disposal company and its telephone number in lettering of at least three inches in height.

2. The contractor shall not use any equipment in the performance of a refuse contract with the city older than ten (10) years unless expressly approved by the city council. All vehicles and equipment shall be subject to inspection by city health officials and the city manager upon sufficient notice.

3. The refuse compartment of each vehicle used by the contractor for garbage collection shall be constructed of metal, shall be watertight and shall have a metal cover which covers at least fifty (50) percent of the refuse compartment. The remaining fifty (50) percent of the refuse compartment shall be covered by a tarpaulin or similar cover which is airtight and waterproof when the vehicle is transporting refuse to the disposal site.

4. Each vehicle shall contain a broom, shovel, and other necessary equipment for the immediate removal of any material spilled in the course of collection.

G. Insurance.

1. Contractor shall maintain adequate insurance covering all persons employed in connection with its contract for refuse collection as required by state workers' compensation laws. The contractor shall hold the city, its employees, and agents harmless from and against all liabilities arising from injuries sustained by employees of the contractor who are injured while performing services pursuant to its contract with the city for refuse collection and disposal. Evidence of insurance shall be maintained on file with the city clerk for the term of the contract.

2. Contractor shall maintain public liability insurance with a company licensed to do business in the state of California covering liabilities for injuries or deaths and property damage arising out of or in connection with the operation of its contract with the city for refuse collection. Said policy shall provided coverage in an amount not less than one million dollars ($1,000,000.00) for injuries including accidental death and no less than one hundred thousand dollars ($100,000.00) for property damage or a combined limit policy of at least three million dollars ($3,000,000.00).

H. Miscellaneous.

1. The contract shall not be assignable, delegated or otherwise transferable unless such transfer is approved by the city council.

2. The contract shall specify the geographic area where the contractor shall collect refuse within the city.

3. The contractor shall comply with all applicable laws of the state of California and the provisions of this chapter in performing collection and disposal services.

4. The contract shall contain a termination clause permitting the city to terminate the contract in accordance with the procedure set forth therein.

5. Any refuse collection firm(s) granted an exclusive contract by the city council for such purpose shall thereupon have the exclusive right to collect all residential, industrial and commercial refuse generated in the city, subject only to the exceptions set forth herein.

6. Any firm furnishing such collection services to any residents/businesses in the city for at least three consecutive years prior to notification of the granting of said exclusive contract may continue to provide such services to said firm or firms for not more than a five-year period commencing upon the mailing of notice to such firm of the granting of said contract. Any such firm, operating after the granting of such an exclusive contract shall pay the same fee, and charge up to the maximum rates for its services as are prescribed for the contracting firm pursuant to its contract.

I. Performance bond. The contractor shall deposit with the city a performance bond, certificate of deposit, letter of credit or other similar instrument approved by the city guaranteeing the performance of any contract between the city and contractor. The amount of the bond shall be approved by the city council.

(Ord. No. 960, § 1, 1-25-2011)