Los Banos Municipal Code Ch. 3 Solid Waste Collection and Disposal

Note: Chapter 3 entitled "Garbage and Waste Matter", consisting of Sections 6-3.01 through 6-3.18, codified from Ordinance No. 171, as amended by Ordinance Nos. 205 and 206, repealed by Section 1, Ordinance No. 480, effective October 19, 1973.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Refuse-solid waste"

shall mean and include all of the solid waste of the community. It shall also include semiliquid or wet wastes with insufficient moisture and other liquid contents to be free and flowing. When the combined collection of garbage and rubbish is practiced, the term "refuse" and "solid waste" is appropriate. Excluded from hauling shall be rocks, concrete, bricks, dirt, plaster and similar building materials, human and animal excrement, and animal bodies and parts.

"Curb service"

shall mean such service where solid waste containers are picked up by the City at the front curb line of the customer's property.

"Walk-in service"

shall mean such service where solid waste containers may be placed for collection immediately adjacent to their house or garage and/or inside a rear yard gate.

"Alley service"

shall mean such service where solid waste containers are placed in through alleys at the property line.

"Solid waste container"

shall mean a watertight, tapered metallic can or rubber or plastic container for receiving and holding all of the solid waste which accumulates on the premises between the times of successive collections. Such cans shall have suitable handles and shall be equipped with a tight-fitting cover which will exclude water and which shall be kept in place. No container, other than in commercial places of business, shall exceed 30 gallons in capacity.

"Special hauls"

shall mean the collection of solid waste in excess of the maximum amounts of solid waste to be collected by the City at a single collection, as set forth in this chapter, or any materials not defined as solid waste in this chapter.

"Combustible and semicombustible waste matter"

shall mean papers, boxes, rags, clothing, old shoes, tree and shrub trimmings, dead flowers, lawn cuttings, feathers, and the like.

"Garbage"

shall mean and include all animal and vegetable refuse from kitchens and household waste which shall have been prepared for, or intended to be used as, food or which shall have resulted from the preparation of food, and all animal and vegetable refuse from institutions where foodstuffs intended for human consumption shall be handled commercially.

"Noncombustible waste matter"

shall mean bottles, crockery, tin cans, wire, broken glass, and the like.

"Person"

shall mean any person acting as principal, agent, officer, servant, or employee for him or herself or another.

(§ 2, Ord. 480, eff. October 19, 1973)

It shall be mandatory for every occupied property within the City to receive collection and disposal service and billing thereof excepting those commercial and industrial businesses whose volume of waste might exceed what services the City or its agent could offer.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person, other than the owner, or any officer of the contractor for the City, or any employee of any person holding a contract with the City for the collection or removal of refuse-solid waste to interfere in any manner with any receptacle used for the accumulation or handling of refuse-solid waste, or to remove any such receptacle from the location where it shall have been placed by the owner or person lawfully in control thereof, or to remove the contents from any such receptacle.

(§ 2, Ord. 480, eff. October 19, 1973)

For the purpose of carrying out the collection of refuse-solid waste, the Council may, by resolution, provide for entering into a contract with any suitable person for the exclusive right to collect and remove refuse-solid waste within the City, and such person shall be known as the "Refuse-Solid Waste Collector".

(§ 2, Ord. 480, eff. October 19, 1973)

Any violation of the provisions of this chapter or of the terms of his contract by the Refuse-Solid Waste Collector shall entitle the Council to cancel and terminate its contract with the Refuse-Solid Waste Collector and to relet such contract.

(§ 2, Ord. 480, eff. October 19, 1973)

Every wagon, cart, or vehicle used in the collection and disposal of refuse-solid waste shall be kept clean on both the inside and outside. All such vehicles shall have metallic or metal-lined beds or metal containers, shall be watertight, and shall be equipped with proper covers so that the refuse-solid waste shall not be offensive. Refuse-solid waste shall be protected from the wind and rain and shall be loaded so that none of it shall fall, drop, or spill upon the ground.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person, other than the duly authorized Refuse-Solid Waste Collector of the City, to gather, collect, transport, burn, bury, or dispose of any refuse-solid waste which has been placed for collection by the City.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any refuse-solid waste matter, other than building materials for which a permit has been granted, in or upon any vacant lot, street, alley, gutter, highway, park, or other public place or to keep any garbage, rubbish, or refuse-solid waste matter except in the manner provided in this chapter.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person to burn garbage at any place within the City, and it shall be unlawful for any person to burn any waste material in or on any alley, street, street right-of-way. or public place.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person to uncover or leave a container of refuse-solid waste uncovered.

(§ 2, Ord. 480 eff. October 19, 1973)

It is unlawful for any person to place live or hot coals or ashes or other burning matter in any garbage, rubbish, or refuse-solid waste set out for collection.

(§ 2, Ord. 480, eff. October 19, 1973)

The Director of Public Works, the Health Officer, the Fire Chief, and the Chief of Police are each empowered to enforce the provisions of this chapter and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this chapter are being complied with. Any person denying or obstructing such entry shall be in violation of the provisions of this chapter. It shall also be unlawful for any person in any manner to interfere with the collection or disposal of refuse-solid waste by any person authorized to collect such refuse-solid waste by the City.

(§ 2. Ord. 480, eff. October 19, 1973, as amended by § 1, Ord. 759, eff. January 16, 1987)

The Director of Public Works shall have the power to establish rules and regulations, not inconsistent with the provisions of this chapter, governing the collection, transportation, and disposal of refuse-solid waste.

(§ 2, Ord. 480, eff. October 19, 1973, as amended by § 1, Ord. 759, eff. January 16, 1987)

All cases of disputes or complaints arising from or concerning the accumulation, collection, transportation, or disposal of refuse-solid waste or the cost of such collection shall be reported to and investigated by the Director of Public Works, and he shall, if necessary, make appropriate reports to the City Manager who will initiate corrective action.

(§ 2, Ord. 480, eff. October 19, 1973, as amended by § 1, Ord. 759, eff. January 16, 1987)

Any person who does any act declared to be unlawful by the provisions of this chapter, and any person who maintains, keeps, or collects refuse or solid waste in a manner declared to be unlawful by the provisions of this chapter, shall be guilty of a misdemeanor.

(§ 2, Ord. 480, eff. October 19, 1973)

The Council from time to time, in its discretion, and by ordinance and/or resolution, may fix, alter, change, amend, or revise the charges to be made for the hauling of refuse-solid waste, which charges shall be fair and reasonable at all times. The charges to be made shall be based upon the use of the service that is made available.

(§ 2, Ord. 480, eff. October 19, 1973, as amended by § 2, Ord. 612, eff. June 21, 1978)

All charges provided for in this chapter shall be due and payable at the end of every two month billing period. All consumers of the City's water system shall be billed for the removal of refuse-solid waste on their bimonthly bill, and the refuse-solid waste collection bill shall be added to the water bill. The combined billing shall be payable as provided in the laws regulating the collection of water bills in the City. When such bills are not paid, they shall become delinquent upon the fifteenth (15th) day of the month next succeeding the period for which billed, at which time and in which event the refuse-solid waste service provided for by this chapter shall be subject to immediate discontinuance without further notice. In addition thereto, the City may sue in the civil courts for the collection of such charges.

(§ 2, Ord. 480, eff. October 19, 1973)

(a) Single-family dwellings: Monthly rates.

(1) Fee established at Three and No/100ths ($3.00) Dollars for minimum service of one thirty (30) gallon can picked up once per week (walk-in service).

(i) Additional 30 gallon cans shall be collected at the fee schedule:

(aa) Two cans per week, Four and 50/100ths ($4.50) Dollars;

(ab) Three cans per week, Six and 50/100ths ($6.50) Dollars;

(ac) Four cans per week, Eight and No/100ths ($8.00) Dollars;

(ad) Five cans per week, Ten and No/100ths ($10.00) Dollars; and

(ae) Six cans per week, Eleven and 50/100ths ($11.50) Dollars.

(ii) The contents of the above 30 gallon cans shall not weigh more than 60 pounds when filled.

(2) Each additional pickup service time per week at the rate of the number of cans times the frequency. Example:

(i) One can one time per week, Three and No/100ths ($3.00) Dollars;

(ii) One can two times per week, Six and No/100ths ($6.00) Dollars;

(iii) Two cans one time per week, Four and 50/100ths ($4.50) Dollars;

(iv) Two cans two times per week, Nine and No/100ths ($9.00) Dollars;

(v) Three cans one time per week, Six and 50/100ths ($6.50) Dollars; and

(vi) Three cans two times per week, Thirteen and No/100ths ($13.00) Dollars.

(b) Apartments and multiple dwellings: Monthly rates: Commercial accounts not using container service.

(1) Fee established at Three and No/100ths ($3.00) Dollars per month per dwelling or business unit for designated minimum service.

(i) All apartments and multiple dwellings which exceed the service of six 30 gallon cans shall be required to use the one cubic yard containerized service.

(ii) Additional cans and the frequency of pickup will be charged the same rate as established for single-family dwellings.

(c) Commercial accounts: Monthly rates.

(1) One container to be picked up one time per week at the rate of Ten and 50/100ths ($10.50) Dollars per month.

(i) Each additional container at the rate of Ten and 50/100ths ($10.50) Dollars per month.

(ii) Number of pickups per week at the rate of Ten and 50/100ths ($10.50) Dollars per frequency of pickup.

Example:

(aa) One time per week, Ten and 50/100ths ($10.50) Dollars;

(ab) Two times per week, Twenty-One and No/100ths ($21.00) Dollars;

(ac) Three times per week, Thirty-One and 50/100ths ($31.50) Dollars;

(ad) Four times per week, Forty-Two and No/100ths ($42.00) Dollars;

(ae) Five times per week, Fifty-Two and 50/100ths ($52.50) Dollars; and

(af) Six times per week, Sixty-Three and No/100ths ($63.00) Dollars.

(2) Container rental rates. Accounts utilizing the one cubic yard containers shall be charged at Three and No/100ths ($3.00) Dollars per month rental fee per container.

(d) Special hauls. Special hauls shall be charged at the rate of Fifteen and No/100ths ($15.00) Dollars per hour, with a minimum haul charge of Five and No/100ths ($5.00) Dollars. Special hauling charges can be prorated by the City contractor relative to the established hourly rate. Special hauls shall incorporate "bulk pickup" service requirements for various establishments.

(§ 2, Ord. 480, eff. October 19, 1973)

A charge shall be collected from all occupied premises within the City for the collection, removal, and disposal of refuse-solid waste, garbage, and noncombustible waste matter and for the inspection of premises by the Health Officer. Such charge shall be established by ordinance by the Council. The charge shall be for making sanitary inspections of premises and for the collection and removal of garbage, refuse-solid waste, and noncombustible waste matter resulting from the normal use of occupied premises. Such established charge shall not be construed as preventing the City from imposing reasonable extra charges for special inspection work or for the removal of excessive amounts of garbage, refuse-solid waste, and noncombustible waste matter.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person to deposit, keep, or accumulate, or cause or permit to be deposited, kept, or accumulated, any refuse-solid waste or garbage in or upon any lot or parcel of land, or any public or private drive, alley, or street, or any house, store, restaurant, or other place in the City unless such refuse-solid waste or garbage shall be enclosed in metal receptacles conforming to the provisions of this chapter.

(§ 2, Ord. 480, eff. October 19, 1973)

It is unlawful for any person to throw or deposit in the City any waste matter, whether combustible, semicombustible, or noncombustible, or to cause the same to be thrown or deposited upon any street, alley, gutter, park, or other public place in the City; provided, however, the provisions of this section shall not prohibit the practice of sweeping usual sidewalk dirt into adjoining gutters or raking leaves, which have fallen naturally on areas fronting on public streets, into the adjoining gutter.

(§ 2, Ord. 480, eff. October 19, 1973)

For the purpose of carrying out further the intent of Section 6-3.04 of this chapter, upon the consideration of an application or bid for a franchise the Council may refuse to grant the requested franchise or may grant a franchise to any such applicant or bidder as may appear from such application or bid to be, in the opinion of the Council, best qualified to render proper and efficient collection service.

(§ 1, Ord. 578, eff. September 7, 1977)

All persons occupying or in possession of any premises which do not abut an alley shall place all containers and cans for garbage disposal, including green waste, at the street curb edge no earlier than 6:00 p.m. on the day prior to the day of the scheduled collection of such waste materials and shall remove the empty container(s) no later than 11:59 p.m. on the day of scheduled collection. No container(s) shall be stored in any area visible from a public street except on the day of the scheduled collection.

(§ 2, Ord. 918, eff. April 18, 1997)