Merced Municipal Code Art. I Rules and Regulations

Solid Waste. "Solid Waste," as used in this chapter, means and includes table refuse and offal, swill and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruits and other foods of whatsoever character and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared for or intended to be used as foods or has resulted from the preparation of food. Dead animals over ten (10) pounds in weight, dish or waste water are not included under solid waste. In addition, solid waste shall consist of rubbish and other waste materials, including tin cans, bottles, chips, wooden ware, paper, pasteboard, rags, straw, shoes, clothing, sawdust, packing material, broken crockery, broken glass, broken bottles, ashes, cinders, shells and metals.

(Ord. No. 2514, 3-16-2020)

Every person who owns or occupies, or is in possession or control of, any property in the city that is developed or used such that solid waste is produced or accumulate thereon shall discard such materials through the regular collection service of the city.

(Ord. No. 2514, 3-16-2020)

The following rules, as contained in this chapter, covering the handling of accumulations of solid waste and other waste matter to be observed by the occupants of places of residence and places of business in the city are established. In addition, the director of public works for the city is authorized to establish administrative guidelines for the implementation of the requirements and standards set forth in this chapter.

(Ord. No. 2514, 3-16-2020)

A. No person shall be required to use the collection services provided by the city if that person can establish to the city's satisfaction that any one (1) of the following conditions are met:

1. That the property the person owns, occupies, possesses, or controls is undeveloped and/or does not produce or accumulate any solid waste;

2. That all solid waste produced or accumulated at the property is disposed of by agreement with and through the use of the approved solid waste container of a person subscribing to the service provided by the city; or

3. That the person self-hauls all solid waste produced on the property, as provided for in this section.

B. Any person subject to the requirements of this article who opts to self-haul solid waste that is produced or accumulates on the person's property, as permitted by subsection A.3., shall do so subject to the following conditions:

1. The owner, occupant, or manager of a residential property may collect and transport solid waste generated on the property to an authorized disposal facility. Owners, occupants, and managers of residential properties who self-haul such materials, as provided for in this section, may not contract with anyone other than the city for transport services; and

2. The owner or manager of a commercial or industrial establishment, or the employee of such a person, may collect and transport solid waste generated by the establishment to an authorized disposal facility. Owners and managers of commercial and industrial establishments who self-haul such materials, as provided for in this section, may not contract with anyone other than the city for transport services.

C. No person exempt from use of the city's solid waste collection service pursuant to this section shall be subject to the rates and charges for services set forth in Article II of this chapter or be billed for those rates and charges as provided for in Section 8.04.130.

D. With the exception of those who self-haul solid waste from their property in compliance with this section, it is unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person other than the city to collect and dispose of solid waste. Except as provided for in this section, it is unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to solicit or attempt to obtain from the owner, occupant, or manager of any property in the city permission to remove solid waste therefrom. The city may revoke any exemption granted pursuant to this section upon a determination that the factual basis for it no longer exists.

(Ord. No. 2514, 3-16-2020)

Property owners and tenants shall deposit all solid waste and putrescible matter or mixed solid waste and rubbish in containers which are provided or approved by the city. Containers for solid waste and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing all the solid waste that a household or other establishment generates within the designated removal period. Containers when filled shall not exceed sixty (60) pounds in weight except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition free from putrescible residue.

(Ord. No. 2514, 3-16-2020)

Containers which are provided by the city shall be the exclusive containers for deposit of solid waste and putrescible matter and shall be kept in good repair by the customer, reasonable wear and tear excepted. The cost to replace a city container which is lost, damaged, or not returned to the city upon cessation of service shall be charged to the customer.

(Ord. No. 2514, 3-16-2020)

Solid waste, rubbish or waste matter, except as in this section provided, shall be kept in receptacles provided therefor between the times when the same shall be removed. Items which cannot conveniently be placed in containers, shall be disposed of by special pickup arranged with the solid waste collection division. Special pickup charges will be billed at the actual cost of labor, materials, equipment, and landfill charges incurred by the city in providing the service.

(Ord. No. 2514, 3-16-2020)

All receptacles for solid waste, rubbish or waste matter, and all rubbish and waste matter shall be placed by the occupant at the alley in all blocks where a city alley runs through the block, whether or not the occupant's premises abut such alley, for the convenient collection of such solid waste, rubbish or waste matter. All receptacles for solid waste, rubbish or waste matters, upon the day or days designated by the city for collection therefor, shall be placed in a location on such premises designated by the city for the convenient collection of such solid waste, rubbish or waste matter in those blocks in the city where no city alley runs through the block.

Residential curbside solid waste collection customers shall place container(s) provided by city at the curb on the designated day of collection and in a location accessible to solid waste collection trucks.

(Ord. No. 2514, 3-16-2020)

It shall be unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to place, keep, or cause, or suffer or permit to be placed or kept, any receptacle for solid waste, rubbish, green waste, other waste matter or recyclables upon the any public street, curb, sidewalk, alley or public way except in the location that has been designated by the city, and then only after four p.m. on the day preceding the day designated, and on the day designated by the city for the collection thereof until nine p.m. No aforementioned receptacle shall be stored between collection days in such a manner that it is visible from the public right-of-way.

(Ord. No. 2514, 3-16-2020)

No person shall throw, place or scatter any solid waste upon the surface of any premises or bury or burn the same thereon.

(Ord. No. 2514, 3-16-2020)

No person shall permit or allow any solid, green or organic waste, rubbish or waste matter to be scattered about in his yard or upon the premises occupied by him or to throw or deposit any solid, green or organic waste, rubbish or waste matter upon the premises of any other person, or upon any of the streets, alleys or other public places of the city.

(Ord. No. 2514, 3-16-2020)

No person shall place any solid waste, rubbish or waste matter or permit or allow any solid waste, rubbish or waste matter to be placed in the city's or any other person's receptacles without the consent of the city or such other person. No consent is given by the city for any person to place solid waste, rubbish or waste matter in city receptacles intended for use of others.

(Ord. No. 2514, 3-16-2020)

No person shall permit or allow any manure to accumulate, be or remain in or about any stable, barn, shed or corral in the city for a longer period than three (3) days; provided, that manure may be kept in a tight box or receptacle with a close-fitting top or cover so that flies or insects cannot get into or have access to such receptacle. The keeping of manure contrary to the provision of this section is declared to be a nuisance.

(Ord. No. 2514, 3-16-2020)

The manure kept in any box or receptacle under the provisions of Section 8.04.090 shall be removed and disposed of at least once each month. Any manure so removed must not be stored or gathered into piles within the city unless for immediate use upon the soil therein and when so stored or gathered must be used within two (2) days thereafter.

(Ord. No. 2514, 3-16-2020)

Whenever any horse, cow or other animal dies within the limits of the city, the owner or person in whose possession the same may be at the time of its death shall dispose of its carcass in such manner that the same shall not become a nuisance; provided, that the mode and manner of its disposal is to be at all times subject to sanitary regulations and control of the council of the city and the health officer thereof. All such carcasses must be removed within four (4) hours after the death of the animal, or the public works manager—operations must be notified where such carcass may be found and he shall remove the same. it shall be the duty of the public works manager—operations to remove such carcass within twenty-four (24) hours after receiving notice thereof; provided, however, that at the discretion of the city manager, the duty of collecting and disposing of the carcasses of dead animals may be delegated to animal control or any other city employee instead of the public works manager—operations.

(Ord. No. 2514, 3-16-2020)

It shall be the duty of the director of public works of the city or designee to collect all solid waste and waste matter from the places of residence and places of business in the city and to dump and deposit such matter so collected as soon after collection as is reasonably possible at the place provided for by the city.

(Ord. No. 2514, 3-16-2020)

The finance officer shall bill all fees for solid waste disposal to the person liable therefor, in advance, at monthly, bimonthly or such other intervals as the finance officer shall determine in the finance officer's discretion; except that fees determined on an hourly or volume basis shall be billed in arrears. Such billing shall be included with the utility bill established by the city for sewer and water charges, where the party liable for such solid waste collection bill is the same as the party liable for such sewer and water bill. Utility bills shall be deemed delinquent if not paid by the twentieth day from the bill date, in the case of monthly or other interval bills, or the twentieth of the second month from the bill date in the case of bimonthly bills. In the event of delinquency of the utility bill or any part thereof, the city shall exercise the enforcement procedures set forth in Section 15.32.160. Nothing contained in this section shall be construed as affecting the personal obligation of the person liable for payment of such charges, nor as limiting the right of the city to commence and prosecute a civil action in any court of competent jurisdiction for recovery of such sums owned to the city, nor as limiting or affecting the right of the city to perfect and foreclose upon any lien on real property which may be created by this section. Each remedy provided in this Code for enforcement of payment of fees or charges or compliance with the terms of this Code is separate and cumulative to each other provision for enforcement, and the same may be exercised separately or cumulatively. If any action is brought by the city to recover any fees or charges owned to the city pursuant to this Code, including, but not limited to, the collection of utility bills for solid waste collection, sewer service or water service, such action shall include attorney's fees in a reasonable amount to be determined by such court, but not less than fifty dollars ($50.00) for each such action.

(Ord. No. 2514, 3-16-2020)

The decision of the city to require a new residential applicant for solid waste service to deposit a sum of money with the city prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the city in accordance with the guidelines set forth in Section 15.32.165.

(Ord. No. 2514, 3-16-2020)

The city, its duly authorized servants, officers or employees, or any person with whom the city has executed a written contract therefor, shall have the exclusive right to gather and collect solid waste material within the city. Except as otherwise provided in Section 8.04.025, it is unlawful for any other person to collect or gather or remove solid waste material within the city.

(Ord. No. 2514, 3-16-2020)

It shall be the duty of the chief of police, the finance officer, the director of public works and the health officer, or any of their designees, to enforce the provisions of this chapter, and they shall have the power and authority to enter all premises at and during reasonable hours for the purpose of determining whether or not the provisions of this chapter are being obeyed.

(Ord. No. 2514, 3-16-2020)

No person shall have or permit upon any premises owned, occupied or controlled by him, any nuisance detrimental to health or any accumulation of solid waste, rubbish or waste matter or manure or any carcass of any animal, contrary to the provisions of this chapter.

(Ord. No. 2514, 3-16-2020)

In the event any solid waste, rubbish or waste matter can or receptacle is found by the enforcement officer, or officers specified in this chapter, not in compliance with the provisions as set forth in this chapter, or detrimental to the public health, after an inspection by such enforcement officer, a notice shall be served upon the owner, resident or tenant on the premises on which such can or receptacle is located by the enforcement officer stating that the can or receptacle is condemned and must be removed and replaced by one which complies with the provisions of this chapter within a period of five (5) days.

(Ord. No. 2514, 3-16-2020)

The notice shall also state that if the can or receptacle is not removed and replaced within the same time, the enforcement officers shall remove the can or receptacle from the premises. The enforcement officer is empowered to condemn and remove from the premises such can or receptacle and upon such removal the owner, resident or tenant shall be liable to the city for the sum of twenty-five dollars ($25.00) to defray the cost of removal thereof, which amount may be added to any fees otherwise provided for in this chapter.

(Ord. No. 2514, 3-16-2020)

In the event the can or receptacle is removed by the enforcement officers, a notice shall be posted in a conspicuous place on the premises stating that the can or receptacle shall be destroyed. If such can or receptacle shall be held for a period of sixty (60) days after posting and, if no action is commenced to recover possession of such can or receptacle, the same shall be summarily destroyed. If such can or receptacle is held by a court in any such action to be detrimental to the public health the same shall be summarily destroyed immediately after the decision of the court has become final.

(Ord. No. 2514, 3-16-2020)

The exercise of any power under this article is not to be construed as an exclusive remedy or as an election to proceed under it only and shall not be a bar to any other procedure or prosecution under any section of this chapter, the Charter or the laws of the state.

(Ord. No. 2514, 3-16-2020)

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate the solid waste loading anticipated and which will allow for efficient and safe removal or collection of solid waste. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions.

(Ord. No. 2514, 3-16-2020)