Maywood Municipal Code Art. 1 Garbage and Rubbish Collection

* Article 1, consisting of Sections 6-2.101 through 6-2.115 and 6-2.117 through 6-2.125, codified from Ordinance Nos. 446, 520, and 588, as amended by Ordinance Nos. 605, 67-38, effective January 12, 1968, and 68-52, effective July 11, 1968, and Sections 6-2.121 and 6-2.122, added by Ordinance No. 69-70, effective December 25, 1969, repealed by implication by Section 1, Ordinance No. 70-78, effective January 1, 1971; Section 6-2.116, codified from Ordinance No. 520, as amended by Ordinance No. 531, repealed by Ordinance No. 69-70, effective December 25, 1969.

For the purposes of this article and Article 2 of this chapter, unless otherwise apparent from the context, certain words and phrases used in this article and in Article 2 of this chapter are defined as follows:

(a) "Ashes" shall mean the residue, entirely free from all animal or vegetable matter, of all materials burned.

(b) "Combustible rubbish" shall include, but not be limited to, leaves, palm fronds, small flower cuttings, shrubbery, trees, linoleum, asphalt paper, paper, lawn clippings, chips, grass, pasteboard, carpets, clothing, magazines, books, straw, packing materials, barrels, boxes, crates, cartons, rags, furniture, and all other similar articles or materials which will burn by contact with flames of ordinary temperature.

(c) "Contract agent" or "contractor" shall mean an agent or employee of the City, or any person, or the agent or employee thereof, with whom it may contract to collect or dispose of rubbish.

(d) "Garbage" shall mean all animal and vegetable refuse from kitchen 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, all decayed or unsound fruit and vegetable matter, and all animal, fish, or fowl refuse (other than manure).

(e) "Noncombustible rubbish" shall include, but not be limited to, tin cans, bottles, glass, screen wire, wire netting, bale or tire wire, metal parts of cars and bodies, water heaters, corrugated tin, stoves, water pipes, metal drums, rubber tires, building materials (except from the remodeling or new construction of buildings), and similar products.

(f) "Person" shall mean a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization or the manager, lessee, agent, servant, officer, or employee of any of them.

(g) "Place of business" shall mean a hotel, motel, office building, store, hospital, any commercial or industrial establishment.

(h) "Rubbish" shall include combustible and noncombustible rubbish.

(i) "Residential premises" shall include all single-family residences and multiple residential facilities within the City located on a single lot or parcel.

(j) "Multiple dwelling units" shall mean residential dwelling units located on a single lot or parcel of land under a single ownership, which are under a common roof or arranged in a court so that the various units have a common yard.

(k) "Permittee" shall mean any person, firm, business, or corporation having a business license for the collection and disposal of garbage, waste, refuse, and salvageable material from any place of business.

(§ 1, Ord. 70-78, eff. January 1, 1971, as amended by § 1, Ord. 88-344, eff. December 8, 1988)

All garbage and rubbish accumulated in the City shall be collected, conveyed, and disposed of exclusively by the City or by any person with whom the City has a contract for the collection, removal, and disposal of ashes, waste matter, garbage, and rubbish. Except as otherwise provided in this section, no person, other than the City or its contract agent, shall collect, convey over any of the streets or alleys of the City, or dispose of any refuse accumulated in the City.

(a) Excess residential rubbish. The occupants and/or owners of residential premises shall have the privilege to have excess waste hauled from the premises, either by the City's contract agent, at an additional charge, or by another independent contractor licensed by the City, but the owner or occupants of such residential premises shall still contract with the City's contract agent for the normal collection and disposal service.

(b) Gardeners exclusion. The provisions of this article shall not apply to the hauling or disposal of grass cuttings, prunings, manure, or other rubbish not containing garbage to or at a legal point of disposal as a part of gardening or horticulture.

(c) Business and commercial establishments. The occupants and/or owners of business and commercial establishments shall provide their own disposal service, which disposal service shall be performed by a commercial collector licensed by the City. For the purposes of this subsection, "business or commercial establishments" shall include those businesses or commercial establishments set forth in subsection (g) of Section 6-2.101 of this article.

(d) Owners of Seven or More Units. The owners of seven (7) or more residential units on a single lot or parcel, which have a single collection point and have an exclusive written contract entered into on or prior to October 25, 1988, with a private disposal service company holding a valid Maywood business license, shall not be deemed to come under exclusive collection provisions of this section until January 1, 1992, or the date of expiration of the contract, whichever first occurs.

(§ 1, Ord. 70-78, eff. January 1, 1971, as amended by § 2, Ord. 88-344, eff. December 8, 1988, and § 1, Ord. 89-347, eff. February 23, 1989)

The person designated by the Council as Rubbish Supervisor shall supervise the collection and removal of garbage and rubbish by contractor from residential premises. Until further order of the Council, the Street Superintendent is hereby designated as Rubbish Supervisor.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The term "refuse" hereinafter used collectively includes garbage and/or rubbish. Receptacles used at residential premises shall be of durable construction and equipped with hand grips, and the diameter of the opening of such receptacles shall not be less than the diameter of any other portion of such receptacles. Such receptacles shall be free of all rough or jagged surfaces which shall be likely to cause injury to persons lifting them. The weight of each refuse receptacle, together with its contents, shall not exceed seventy-five (75) pounds, nor shall such receptacles have a capacity of more than forty-five (45) gallons. Steel oil drums of fifty (50) gallons' capacity or greater shall not be used for such receptacles.

Refuse may be placed in paper or plastic sacks for collection, if such sacks are manufactured expressly for the purpose of storage and disposal of refuse and provided, further, that the same are used only once. Paper sacks or plastic sacks when used as provided in this article, shall be collected by the contractor at the time and in the manner the refuse contained therein is collected.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Refuse receptacles used for multiple dwelling unit service or commercial service, at the option of the owner or occupant, may be placed upon private property for collection provided that metal bins, having a capacity of not more than three (3) cubic yards, therefor are utilized. Such locations shall not be more than 150 feet from a street unless extraordinary circumstances exist, in which case the location thereof shall be subject to the approval of the Rubbish Supervisor. All bins shall be placed and located so as to prevent the view thereof from public streets. Such bin locations shall also comply with all the applicable provisions of this article and the zoning regulations of the City.

(§ 1, Ord. 70-78, eff. January 1, 1971)

No person shall cause or permit the following:

(a) The collection or accumulation of garbage unless placed in a receptacle as provided in this chapter for the disposal thereof by a contractor or permittee or for the disposal thereof through automatic disposal units;

(b) Combustible rubbish to accumulate at any place or premises under his charge or control for a period in excess of one calendar week, excluding combustible rubbish of salvageable value;

(c) Refuse other than combustible rubbish to accumulate at any place or premises under his charge or control for a period in excess of one calendar month; or

(d) The burning of garbage.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Every person occupying or having charge or control of any place of business where there is any accumulation of garbage shall cause the same to be removed therefrom or disposed of in some lawful manner at least once every three (3) days. Every person occupying or having charge of or control of any place or premises other than a place of business where there is any accumulation of garbage shall cause the same to be disposed of through automatic units or be lawfully removed or disposed of at least once each calendar week.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The accumulation of garbage or rubbish by any person beyond the periods specified in the Section 6-2.107 of this article or in a manner other than as specified in this chapter is hereby declared to be a nuisance pursuant to the provisions of Section 38771 of the Government Code of the State. The Council hereby, pursuant to the provisions of Section 38773 of the Government Code of the State, provides for the summary abatement of such nuisance at the expense of the person or persons creating, causing, or maintaining such nuisance, as follows:

(a) If the Health Officer should find that a certain person at a certain address is maintaining a nuisance, as defined in this section, such person shall be notified within five (5) days, in writing, of the fact that he is conducting a nuisance, as defined in this section, and requiring him within ten (10) days to abate or cause such nuisance to be abated within legal means as provided for in this chapter.

(b) If, at the end of such ten (10) day period, such person has not removed or caused to be abated such nuisance, the City shall have the power and authority to enter the premises of such person and remove and abate such nuisance and charge the property owner for the cost of the removal and abatement of such nuisance.

(c) Thereafter, if such person should continue to allow garbage or rubbish to accumulate for periods beyond those specified in subsections (a) and (b) of this section, the City shall have the power to continue to enter such premises and remove and abate such nuisance, charging the property owner for the cost thereof.

(d) The charge or cost of removal or the abatement of such nuisance by the City shall constitute a lien against the property occupied by the person maintaining such nuisance and a personal obligation against the owner of such property pursuant to the provisions of Section 38773 of the Government Code of the State. The procedure shall be as established by the Council, with such procedure to include notice to the affected person and the opportunity to be heard.

(§ 1, Ord. 70-78, eff. January 1, 1971)

All garbage collected or transported shall be by means of vehicles equipped with watertight metal covers or other satisfactory methods approved by the Health Officer so that portions of or the entire load shall be covered as the collection of garbage is performed or completed. All persons transporting garbage shall clean and disinfect all equipment at least once daily when in use.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The body of all trucks transporting refuse along any public road, street, or highway in the City shall have a minimum covering of a clean tarpaulin which shall be securely placed over the entire load and tied down when the vehicle is being used to transport its contents to the place of disposal.

(§ 1, Ord. 70-78, eff. January 1, 1971)

In addition to the requirements of Sections 6-2.109 and 6-2.110 of this article, all trucks and equipment of the contractor used in the City shall be maintained at all times in good mechanical condition. The sides and covers of the trucks shall be so constructed, used, and maintained that garbage or refuse will not blow, fall, or dislodge out of such trucks into the streets of the City at any time.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The contractor or permittee shall carry on each truck a broom and such other equipment necessary to clean and pick up any debris of any sort deposited upon the streets, roads, highways, sidewalks, or private property by reason of the activity of such contractor within the City. The contractor and permittee shall clean, pick up, haul away, and dispose of any debris left or deposited upon the streets, roads, highways, sidewalks, or private property within the City by reason of the activities of such contractor.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The contractor shall return all receptacles in an upright position to the approximate location where found by the contractor and without any unnecessary wear and tear or damage to such receptacles.

(§ 1, Ord. 70-78, eff. January 1, 1971)

All trucks and equipment shall be cleaned and washed at least once a week or more often, as provided in Section 6-2.109 of this article, or when necessary in the discretion of the Health Officer.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The Council shall establish, or delegate to the Rubbish Supervisor the duty to establish, routes, days, and hours for the collection of garbage and rubbish. The specific routes, days, and times shall be included within any contract entered into between the City and its contract agent, or if collection is made by the City, such routes shall be established by the Council. Garbage and rubbish shall be removed from both sides of any given street on the same day.

(§ 1, Ord. 70-78, eff. January 1, 1971)

The Council finds that the periodic collection of rubbish and garbage from all places of residence and business in the City benefits all occupants and owners of such places and that such collection is necessary to preserve the health and welfare of the City and its citizens. The maximum rates which may be charged by the contract agent to owners or occupants of residential premises shall be fixed by the contract between the City and such contract agent or, if collection is provided by the City, by ordinance. Owners or occupants of places of business, including multiple units of seven (7) or more, shall pay for their own collection services rendered by a commercial collector duly licensed by the City.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Each garbage, rubbish, or ash receptacle or bin shall be kept on the premises of the person providing such container, except that on the day designated for collection and before the time collection starts in the particular district in which such premises are located, such container shall be placed for collection on the curb in front of the premises occupied by the person placing the same or on the curb at the side of the premises where such premises are adjacent to more than one street, except that when such premises are adjacent to an alley that is not closed at one end, such receptacle or bin may he placed within two (2′) feet of the rear property line of such premises and shall be readily accessible for collection from such alley. Containers shall not be so placed earlier than twenty-four (24) hours prior to the time such collection is scheduled to commence.

Where any restaurant, market, or other commercial establishment has provided a garbage compartment, the garbage container shall be placed in such compartment and shall be collected therefrom.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Every commercial or industrial waste collector who owns, rents, or controls any container, bin, or other equipment used for the storage of garbage, industrial waste, market refuse, or rubbish shall:

(a) Place and maintain on the outside of such container, bin, or other equipment, in legible letters and numerals not less than one inch in height, such waste collector's name or firm name and telephone number; and

(b) At all times keep in good repair and maintain in a clean and sanitary condition such container, bin, or other equipment to the satisfaction of the Health Officer.

(§ 1, Ord. 70-78, eff. January 1, 1971)

No person other than the commercial or industrial waste collector having charge thereof shall deface, alter, remove, or obliterate any identification placed on any container, bin, or other equipment pursuant to the provisions of this article.

(§ 1, Ord. 70-78, eff. January 1, 1971)

No person not having the authority to do so shall tamper with, injure, destroy, or remove any container, bin, or other equipment used for the storage of garbage, industrial waste, market refuse, or rubbish.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Any rubbish not susceptible to placement in a container as described in this article may be placed for collection in the same manner and at the same place as designated for containers provided it shall be securely tied in bundles not heavier than seventy-five (75) pounds nor more than five (5′) feet in length and eighteen (18″) inches in diameter.

Each such container or bundle containing such rubbish shall be so placed for each respective collection period not later than the hour upon which collection of combustible rubbish is scheduled to commence in the district in which such premises are located for such period and shall not be so placed earlier than twenty-four (24) hours prior to the time such collection is scheduled to so commence for such period.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Every person occupying or in possession of any premises in the City and desiring the collection of ashes by the City or its authorized agent or contractor shall provide a portable container for ashes. Such container shall be constructed of fireproof material and shall be so constructed as not to permit the contents thereof to sift or pass through any opening therein except the top thereof. Such container shall have a capacity of not less than five (5) nor more than twenty (20) gallons and shall weigh, when placed for collection, not more than fifty (50) pounds, including the contents thereof. All ashes when placed for collection shall be cold and free from any fire, live coals, or other substances capable of igniting, or which might ignite, other materials with which the same may come in proximity or contact.

(§ 1, Ord. 70-78, eff. January 1, 1971)

It shall be the duty of every person placing a garbage, rubbish, or other container in or upon any street, sidewalk, curb, or alley for garbage or rubbish collection to remove such container from such street, sidewalk, curb, or alley immediately after the contents of such container have been collected by the authorized collector of garbage or rubbish for the City and in any event within twelve (12) hours after such removal, and it shall be unlawful for any such person to fail or refuse to perform such duty.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Whenever any garbage or rubbish container containing garbage or rubbish has been placed for collection, it shall be unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort, or take any such garbage or rubbish, or any part thereof, in or from such container, except the proper collection officials or employees of the City in the performance of their regular collection service.

(§ 1, Ord. 70-78, eff. January 1, 1971)

Except as otherwise provided in this chapter, it is unlawful for any person other than the owner, the contractor as defined in this chapter, or a permittee with permission of the owner, to gather, collect or remove any greenwaste or recyclable materials from any commercial, business, industrial or residential premises, or from a container set out in the public right-of-way adjacent thereto, or to tamper with, injure, destroy or remove any bin, container, or any other equipment used for storage or collection or collection thereof.

(§ 1, 04-506, eff. November 9, 2004)

(a) Except as otherwise provided in this chapter, it is unlawful for any person to place, or cause or allow to be placed, any container for the collection or storage of solid waste materials or recyclables within the City. Any container placed in violation of this section is hereby declared to be a nuisance and is subject to abatement pursuant to the applicable provisions of this Code.

(b) The City shall notify, in writing, any person who violates subsection (a) of this section that the prompt and permanent removal of such container from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice in a prominent place upon the container, by delivering a copy to the person apparently in charge of the premises or if no one can be found, by posting a copy upon the door of the premises, and by serving a copy at the offices of the owner of the container if known. If a telephone number is listed on the container, the City shall also call that number and indicate the contents of the written notice.

(c) If the container has not been permanently removed within seventy-two (72) hours after service of all notices, the City may impound or cause to be impounded any such container. Any container impounded by the City may be retrieved by the owner thereof, or his or her agent, immediately after all applicable fines and charges (including charges for transportation and storage of such container) have been paid, and not later than forty-five (45) days after notice. The Chief Administrative Officer of the City may delegate the authority to impound and store unauthorized containers, and to collect the fines and charges on behalf of the City.

(d) Any person who violates this section shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of such container by the City.

(§ 1, 04-506, eff. November 9, 2004)

Notwithstanding the adoption of the provisions of this article, the Council hereby reserves the right to discontinue the collection and disposal of any of the items, subjects, matters, materials, or things referred to in this article at any time in its discretion.

(§ 1, Ord. 70-78, eff. January 1, 1971, as renumbered by § 1, Ord. 04-506, eff. November 9, 2004)